KRS 281.600: Administrative functions and powers of department -- Farm equipment

exempt from federal regulation -- Other motor vehicles exempt from federal

regulation -- Department of Kentucky State Police to administer motor carrier

safety management audit program.

(1) The Department of Vehicle Regulation shall exercise all administrative functions of

the state in relation to motor carrier transportation as defined in this chapter, and

shall apply, as far as practicable, the administrative and judicial interpret ations of

acts administered by the Federal Motor Carrier Safety Administration and other

federal agencies under the United States Department of Transportation. It shall have

the right to regulate motor carriers as provided in this chapter and, to that end, may

establish reasonable requirements with respect to continuous and adequate service

of transportation, systems of accounts, records and reports, preservation of records,

and safety of operation and equipment. It may issue subpoenas, subpoenas duces

tecum and orders of personal attendance of witnesses, and production of pertinent

records for any proceeding before it, and permit the taking of depositions, all in

accord with the Rules of Civil Procedure, and it shall have the power to promulgate

administrative regulations as it may deem necessary to carry out the provisions of

this chapter. The department shall have the authority to promulgate regulations

regarding safety requirements for motor vehicles and the method of operation,

including the adoption of any of the federal motor carrier safety regulations and any

motor vehicle operating contrary to safety regulations shall be in violation of this

section.

(2) The provisions established by the Federal Highway Administration in Title 49, Part

393 of the United States Code of Federal Regulations shall not apply to:

(a) A motor vehicle or its towed unit having a fertilizer spreader attachment

permanently mounted thereon, having a gross weight not to exceed thirty -six

thousand (36,000) pounds, and used only for the transportation of bulk

fertilizer; or

(b) A farm-wagon-type tank trailer of not more than two thousand (2,000) gallon

capacity used during liquid fertilizer season as a field storage tank supplying

fertilizer to a field applicator, and moved on a publi c highway for the purpose

of bringing fertilizer from a local source of supply to a farm or field, or from

one (1) farm or field to another, provided that the vehicle is being operated

solely in intrastate transportation.

(3) The provisions established by the Federal Highway Administration in 49 C.F.R. sec.

390.21 and 49 C.F.R. pts. 391, 393, 395, and 396 shall not apply to a motor vehicle

registered under KRS 186.050(4)(a)1., or its towed unit, if:

(a) The vehicle is not engaged in interstate commerce;

(b) The vehicle is engaged in farming or agricultural related activities; and

(c) The gross vehicle weight, gross vehicle weight rating, gross vehicle

combination weight, or gross vehicle combination weight rating of the vehicle

and its towed unit is twenty-six thousand (26,000) pounds or less.

(4) The provisions established by the Federal Highway Administration in 49 C.F.R.

secs. 391.41 to 391.49 and 49 C.F.R. pt. 395 shall not apply to a motor vehicle

registered under KRS 186.050(3)(b), or its towed unit, if:

(a) The vehicle is not engaged in interstate commerce;

(b) The vehicle is not transporting hazardous materials required to be placarded in

accordance with 49 C.F.R. pt. 172;

(c) The vehicle is not designed or used to transport sixteen (16) or more

passengers, including the driver; and

(d) The gross vehicle weight, gross vehicle weight rating, gross vehicle

combination weight, or gross vehicle combination weight rating of the vehicle

and its towed unit is twenty-six thousand (26,000) pounds or less.

(5) The Department of Kentucky State Police shall exercise all administrative functions

of the state pertaining to the motor carrier safety management audit program. This

program shall be administered according to the provisions of the Federal Motor

Carriers Safety Act and the federal regulations promulgated under that Act.