601 KAR 40:020 - Application for license to operate vehicles transporting municipal solid waste
RELATES TO: KRS 174.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 174.450(9) requires that the Transportation Cabinet promulgate administrative regulations to establish a municipal solid waste transportation licensing program by August 26, 1991, and that on or after November 26, 1991, that each vehicle being used to transport municipal solid waste be identified by the licensee.
Section 1.
(1) An applicant for a license to operate
municipal solid waste transportation vehicles within the Commonwealth of
Kentucky, shall apply to the Transportation Cabinet, Department of Vehicle
Regulation, Division of Motor Carriers, 501 High Street, Frankfort, Kentucky
40622.
(2) The following
information shall be provided in, or with, the application:
(a) Name in which license is sought. (NOTE:
This name shall be identical to the motor carrier's current KYU number issued
by the Department of Vehicle Regulation, if applicable. See question below
relating to Kentucky Highway Use Tax Identification Number);
(b) Business address, including street
address, city, state and zip code;
(c) Telephone number;
(d) Name of a natural person who is either
the applicant, or an officer of the applicant, position of this person, Social
Security number of this person and home address of this person:
(e) Number of vehicles which the licensee
intends to operate;
(f) If the
applicant is not a resident of Kentucky and anticipates transporting municipal
solid waste from outside Kentucky to a municipal solid waste management
facility in Kentucky, a copy of the applicant's "Consent to Service" document
as required to be filed with the Natural Resources and Environmental Protection
Cabinet;
(g) The applicant's
highway use tax identification number, as required by
KRS
138.665. (NOTE: If the applicant does not
currently have a KYU number, it shall attach a statement of why its
transportation operations do not fall within the purview of
KRS
138.665);
(h) A statement that the applicant does now
have, or is in the process of obtaining, liability insurance on each vehicle in
the amounts currently required by Kentucky law;
(i) A statement of whether the applicant or
any corporate officer or principal stockholder thereof has ever been convicted
of a felony; and
(j) If the
applicant is a Kentucky corporation, a copy of the corporation's certificate of
good standing from the Kentucky Secretary of State or, if a foreign
corporation, a certificate to do business in Kentucky from the Kentucky
Secretary of State, shall be submitted with the application. These certificates
shall not be more than thirty (30) days old at the time the application is
submitted. However, all corporations, whether foreign or domestic, shall submit
a list of persons who own ten (10) percent or more of the corporation's
outstanding stock.
(k) If the
applicant is doing business under an assumed name, it shall provide proof with
the application that the assumed name has been registered with the appropriate
county clerk's office.
(l) The
Transportation Cabinet may require other proof of eligibility to do business in
Kentucky or proof of safety fitness.
(3) The official signing on behalf of the
applicant shall:
(a) Be sworn;
(b) State that he has the authority to
represent the applicant;
(c) State
that the information is true and correct to the best of his knowledge and
belief; and
(d) Have his signature
and oath notarized.
(4)
The Transportation Cabinet shall make available a form listing the information
required in subsections (2) and (3) of this section to any person wishing to
apply for a license to operate municipal solid waste transportation vehicles.
These forms may be obtained, inspected or copied at the Division of Motor
Carriers, 501 High Street, Frankfort, Kentucky 40622, or by telephoning
502/564-4540.
Section 2.
(1) The Transportation Cabinet shall within
thirty (30) days of receipt of an application:
(a) Approve the application to operate
municipal solid waste transportation vehicles;
(b) Disapprove the application; or
(c) Request additional information from the
applicant.
(2) However,
the Transportation Cabinet shall not issue a license to anyone who has not
filed a fully completed application form.
Section 3. As soon as the applicant has been
licensed to operate municipal solid waste transportation vehicles, the
Transportation Cabinet shall provide a form to the licensee so that the
individual municipal solid waste transportation vehicles used by that licensee
can be identified. This form shall contain space for the licensee to submit the
following information:
(1) The municipal
solid waste transporter license number and name of the municipal solid waste
transporter;
(2) KYU number (if
applicable) of the licensee;
(3)
Telephone number of the licensee;
(4) Address of the licensee;
(5) Licensee's contact person;
(6) A sworn and notarized statement made by
an official of the licensee certifying that the named licensee has, and shall
maintain, liability insurance on each vehicle operated under this
license;
(7) An official of the
licensee shall state that the applicant has access to, and is familiar with,
all applicable regulations of the United States Department of Transportation
relating to the safe operation of commercial vehicles and the safe
transportation of hazardous materials, and that the applicant shall comply with
these administrative regulations;
(8) Identification of each vehicle to be used
to transport municipal solid waste which shall include the following:
(a) The vehicle's company unit
number;
(b) The complete vehicle
identification number (serial number);
(c) The make of vehicle;
(d) The year of manufacture of the
vehicle;
(e) The declared gross
weight of the vehicle;
(f) The type
of truck;
(g) The number of axles
on the vehicle;
(h) The state of
license of the vehicle;
(i) The
license plate number if the vehicle is Kentucky registered and
licensed;
(j) The name of the
lessor if the vehicle is leased;
(k) The amount of the fee paid; and
(l) Whether it is a first or renewal
registration of that individual vehicle.
(m) To identify the type of truck and number
of axles, the licensee shall, for a straight truck, code the letters "ST",
followed by the total number of axles. For a tractor-trailer, the licensee
shall code the letters "TR", followed by the total number of
axles.
Section
4. Municipal solid waste transporter vehicle identification cards
shall expire at midnight of December 31 of each year.
Section 5. The fee for a municipal solid
waste transporter vehicle identification card which shall become effective
January 1, or a renewal of an identification card, shall be ten (10) dollars.
If the newly-issued card becomes effective in a month other than January, the
cost of the identification card shall be prorated by using the following
schedule:
(1) February - $9.17;
(2) March - $8.34;
(3) April - $7.50;
(4) May - $6.67;
(5) June - $5.84;
(6) July - $5.00;
(7) August - $4.17;
(8) September - $3.34;
(9) October - $2.50;
(10) November - $1.67;
(11) December - $0.84.
Section 6. The original vehicle
identification card shall be carried in the power unit of the vehicle for which
it was issued. Photocopies, reproductions or facsimiles shall not be
allowed.
Section 7. Even though the
Transportation Cabinet does not have the authority to issue temporary
identification cards for municipal solid waste transportation vehicles, the
cabinet shall promptly issue identification cards to a licensee who has
properly applied for the identification cards.
Section 8. The Transportation Cabinet shall
notify the Natural Resources and Environmental Protection Cabinet of all
persons found to be transporting municipal solid waste either:
(1) Without a license to do so; or
(2) Without a vehicle identification card for
the transportation of municipal solid waste.
Section 9.
(1) A license to operate municipal solid
waste vehicles shall not be transferred.
(a)
If a licensee's assets are sold or transferred to an entity who is not a
current licensee, the new owner shall submit a new application pursuant to
Section 1 of this administrative regulation. Prior to beginning operation as a
transporter of municipal solid waste, the entity shall be licensed by the
Transportation Cabinet pursuant to this administrative regulation.
(b) If the new owner holds a current license
to operate as a transporter of municipal solid waste, it may operate the newly
acquired motor vehicles under the provisions of its existing license as soon as
a vehicle identification card is obtained in the name of the new
owner.
(c) A licensee who
discontinues operation as a transporter of municipal solid waste in Kentucky
shall surrender his license to the Transportation Cabinet.
(2) The new owner of a municipal solid waste
transportation vehicle may apply to the Transportation Cabinet for transfer of
the vehicle identification card on the motor vehicle if:
(a) The motor vehicle has a current municipal
solid waste transportation identification card;
(b) There is at least one (1) month before
the identification card will expire;
(c) The new owner has been licensed by the
Transportation Cabinet as a transporter of municipal solid waste;
(d) The new owner provides to the
Transportation Cabinet a sworn statement that the licensee has and shall
maintain liability insurance on the newly acquired motor vehicles;
and
(e) The new owner shall state
that it has access to and is familiar with all applicable regulations of the
United States Department of Transportation relating to the safe operation of
commercial vehicles and the safe transportation of hazardous materials and that
the new owner shall comply with these administrative regulations.
(3) There shall not be a cost to
the licensee for the transfer of the identification card as described in
subsection (2) of this section. The new owner of the municipal solid waste
transportation vehicle shall be responsible for the identification card fee
beginning on January 1 of the following year.
Notes
STATUTORY AUTHORITY: KRS 174.450
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.