Ky. Rev. Stat. § 138.655

Current through Acts Received April 24, 2024
Section 138.655 - [Effective ninety days after adjournment] Definitions for KRS 138.660 to 138.7291 and 138.990(13) and (14)

As used in KRS 138.660 to 138.7291 and 138.990(13) and (14), unless the context requires otherwise:

(1) "Cabinet" means the Transportation Cabinet;
(2) "Person" includes every natural person, fiduciary, association, state or political subdivision, or corporation. Whenever used in any clause describing and imposing imprisonment the term "person" as applied to an association means and includes the partners or members thereof, and as applied to a corporation the officers thereof;
(3) "Public highway" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel notwithstanding that it may be temporarily closed or travel thereon restricted for the purpose of construction, maintenance, repair, or reconstruction; also including all city streets, alleys, and any way or place on which a toll is charged for using such way or place;
(4) "Motor vehicle" means any vehicle, machine, or mechanical contrivance propelled by an internal combustion engine and licensed for operation and operated upon the public highways and any trailer or semitrailer attached to or having its front end supported by such motor vehicle;
(5) "Motor carrier" means every person who operates or causes to be operated on any highway in this state, any bus engaged in hauling passengers for hire operating under a certificate of convenience and necessity and any commercial truck or commercial tractor-trailer combination having a total of two (2) or more axles and a declared gross weight above twenty-six thousand (26,000) pounds. The number of axles shall include not only those axles on the power unit but if a tractor-trailer combination is involved, also those axles on the trailer or semitrailer:
(a) "Axle" means any two (2) or more load-carrying wheels mounted in a single transverse vertical plane;
(b) "Trailers and semitrailers" are those as defined in KRS 186.650(1) and (2), except that it does not include those trailers defined in KRS 186.650(3) and (4) and those exempted from regulation under KRS 186.675. The term "motor carrier" shall not mean or shall not include any person operating or causing to be operated a city bus;
(c) "Commercial" refers to any activity for business purposes; and
(d) For the purposes of KRS 138.660(3) motor carriers, trailers, and semitrailers shall not mean a farm vehicle as defined in KRS 186.050(4) or under another jurisdiction's law as a farm vehicle;
(6)

"Heavy equipment motor carrier" means any person who operates on the public highways of this state as a "motor carrier" as defined in subsection (5) of this section, except that it shall not include motor vehicles used to transport persons for hire;

(7) "Trip permit" means a permit for the operating during a ten (10) consecutive day period of any motor vehicle of any "heavy equipment motor carrier" not licensed under KRS 138.665;
(8) "Licensee" means for purposes of KRS 138.660 to 138.7291 any person who has been granted a license as a "motor carrier" or a "heavy equipment motor carrier," or any motor vehicle in which a valid trip permit is carried;
(9) "Use" means the consumption of gasoline and special fuels in propelling motor vehicles on the public highways;
(10) "Gasoline" has the same meaning as in KRS 138.210;
(11) "Special fuels" means and includes all combustible gases and liquids used for the generation of power in an internal combustion engine to propel vehicles of any kind upon the public highways, except that it does not include gasoline;
(12) "Quarterly" for the purposes of KRS 138.660 to 138.7291 means a calendar quarter; and
(13) "Combined licensed weight" shall mean the greater of:
(a) The declared combined maximum gross weight of the vehicle and any towed unit for registration purposes for the current registration period; or
(b) The highest actual combined gross weight of the vehicle and any towed unit when operated on the public highways of the state during the current registration period.

KRS 138.655

Amended by 2024 Ky. Acts ch. TBD,§ 27, eff. ninety days after adjournment.
Amended by 2022 Ky. Acts ch. 124,§ 12, eff. 7/13/2022.
Amended by 2015 Ky. Acts ch. HB-299,§ 19, eff. 3/25/2015.
Amended by 2015 Ky. Acts ch. 67,§ 19, eff. 3/25/2015.
Effective:7/15/1996
Amended 1996, Ky. Acts ch. 363, sec. 2, effective7/15/1996. -- Amended 1988 Ky. Acts ch. 175, sec. 3, effective 4/1/1988. -- Amended 1986 Ky. Acts ch. 174, sec. 2, effective 1/1/1987; and ch. 454, sec. 1, effective 7/15/1986. -- Amended 1984 Ky. Acts ch. 151, sec. 4, effective 7/13/1984. -- Amended 1982 Ky. Acts ch. 265, sec. 2, effective 4/1/1982. -- Amended 1978 Ky. Acts ch. 384, sec. 564, effective 6/17/1978. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(2). -- Amended 1962 Ky. Acts ch. 62, sec. 21. -- Amended 1960 Ky. Acts ch. 186, Art. IV, sec. 5. -- Amended 1958 Ky. Acts ch. 70, sec. 14. -- Amended 1956 (2d Extra. Sess.) Ky. Acts ch. 9, sec. 15. -- Amended 1956 Ky. Acts ch. 171, sec. 1. -- Created 1954 Ky. Acts ch. 97, sec. 4.
This section is set out more than once due to postponed, multiple, or conflicting amendments.