RELATES TO:
KRS
189.231, Chapter 281
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
189.231 authorizes the Secretary of
Transportation to restrict or regulate traffic on state-maintained highways in
such manner as is reasonably necessary to promote the safety and convenience of
the traveling public.
KRS
281.600 authorizes the Department of Vehicle
Regulation to promulgate administrative regulations regarding safety
requirements for and method of operation of motor vehicles. This administrative
regulation sets forth the requirement that buses undergo a safety inspection at
least once each year. It further provides notice that the annual safety
inspection of buses subject to
601 KAR
1:005 shall be performed pursuant to that
administrative regulation rather than this one.
Section 1. Definition. "Bus" shall mean all
motor vehicles that are required to be registered under the terms of
KRS
186.050 or
186.060,
designed and used for carrying passengers and having provisions for more than
nine (9) passengers including the driver. "Bus" shall not include motor
vehicles operated by any common school system, motor vehicles operated under a
city bus certificate required by KRS Chapter 281 when operating within the
corporate limits of a city, and regular route bus operators operating under a
certificate required by KRS Chapter 281.
Section
2. Annual Inspections.
(1) All
buses be inspected annually by Transportation Cabinet, Department of Vehicle
Regulation personnel for compliance with the minimum vehicle safety equipment
standards established under Federal Motor Carrier Safety Regulations adopted by
the United States Department of Transportation as 49 Code of Federal
Regulations, Part 393, and adopted by Kentucky Administrative Regulation
601 KAR
1:005.
(2)
The annual inspection shall be performed by the Division of Motor Vehicle
Enforcement. The inspection may take place at any of Kentucky's weigh stations
or arrangements may be made by contacting the Division of Motor Vehicle
Enforcement at (502) 564-3276.
Section 3. Proof of Inspection.
(1) When a bus passes an inspection, the
Transportation Cabinet shall issue to the bus owner a decal and a document
showing that the bus has passed.
(2) The decal shall be affixed to the lower
right-hand corner of the front windshield of the bus.
(3) The document showing the bus has passed
inspection shall be carried in the bus at all times.
(4) Any law enforcement officer can require
the operator of a bus to produce the current document showing the bus has
passed inspection.
Section
4. Out-of-service Sticker.
(1) If
a bus is determined to be out of compliance with the minimum safety
requirements, employees of the Transportation Cabinet may affix to it an
out-of-service sticker pursuant to the provisions of
601 KAR
1:005.
(2)
Correction of the noncompliance item shall be required before the bus is
further operated.
Section
5. Exceptions.
(1) Buses subject
to the annual mandatory Motor Carrier Safety Inspection Program set forth in
601 KAR
1:005, Section 2(9) shall be exempt from the
requirements of this administrative regulation.
(2) Buses subject to any of the provisions of
601 KAR
1:005 shall continue to be governed by that
administrative regulation.
