KRS 186.059: Operation of overweight commercial vehicle -- Ineligibility for exemption -

- Department hearing -- Appeal.

(1) Operation of a commercial vehicle at a gross weight in excess of the declared gross

weight at which such vehicle is registered under subsect ion (8), (9), or (10) of KRS

186.050, shall make any owner or operator, otherwise entitled to a reduced fee set

out in those subsections ineligible for same for the entire license year.

(2) The department, upon receipt of information substantiated by affid avit, that any

owner or operator is operating a motor vehicle in excess of the gross weight at

which it is registered under subsection (8), (9), or (10) of KRS 186.050, may issue

notice to the owner or operator advising that he is ineligible for the reduce d fee or,

that the privilege is revoked for the current license year. Within thirty (30) days of

the date of the issuance of the notice, any affected owner or operator may request a

hearing to be conducted in accordance with the provisions of KRS Chapter 1 3B.

Failure to request a hearing within thirty (30) days of the date of the issuance of the

notice shall make the ruling absolute, and the owner or operator shall be liable for

the payment of the fees applicable under KRS 186.050(3) for the entire license year.

(3) If a hearing is requested in accordance with the provisions of subsection (2) of this

section, the owner or operator shall not be entitled to the reduced fee during the

interim between the application for hearing and the department's final order, unless

he shall file with the department a bond in the amount of five hundred dollars

($500) per vehicle to be applied to the payment of any taxes which the department,

as a result of the hearing, may determine are due the Commonwealth.

(4) The question f or determination at any hearing held at the request of an owner or

operator receiving a notice from the department shall be whether or not the owner

or operator has operated a commercial vehicle in excess of the declared gross

weight at which it is registe red under subsection (8), (9), or (10) or KRS 186.050.

The burden of proof shall be upon the department to show such unlawful operation.

Any final order of the department shall be subject to appeal to the Franklin Circuit

Court in accordance with KRS Chapt er 13B, and any bond posted with the

department shall be held pending the judgment of the highest court to which the

matter is appealed.