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186.059 Operation of overweight commercial vehicle -- Ineligibility for exemption -- Department hearing -- Appeal.

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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 subsection (8), (9), or (10) of KRS <br>186.050, shall make any owner or operator, otherwise entitled to a reduced fee set <br>out in those subsections ineligible for same for the entire license year. (2) The department, upon receipt of information substantiated by affidavit, that any owner or operator is operating a motor vehicle in excess of the gross weight at <br>which it is registered under subsection (8), (9), or (10) of KRS 186.050, may issue <br>notice to the owner or operator advising that he is ineligible for the reduced fee or, <br>that the privilege is revoked for the current license year. Within thirty (30) days of <br>the date of the issuance of the notice, any affected owner or operator may request a <br>hearing to be conducted in accordance with the provisions of KRS Chapter 13B. <br>Failure to request a hearing within thirty (30) days of the date of the issuance of the <br>notice shall make the ruling absolute, and the owner or operator shall be liable for <br>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 <br>interim between the application for hearing and the department's final order, unless <br>he shall file with the department a bond in the amount of five hundred dollars <br>(&#36;500) per vehicle to be applied to the payment of any taxes which the department, <br>as a result of the hearing, may determine are due the Commonwealth. (4) The question for 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 <br>or operator has operated a commercial vehicle in excess of the declared gross <br>weight at which it is registered under subsection (8), (9), or (10) or KRS 186.050. <br>The burden of proof shall be upon the department to show such unlawful operation. <br>Any final order of the department shall be subject to appeal to the Franklin Circuit <br>Court in accordance with KRS Chapter 13B, and any bond posted with the <br>department shall be held pending the judgment of the highest court to which the <br>matter is appealed. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 318, sec. 69, effective July 15, 1996. -- Amended 1966 Ky. Acts ch. 139, sec. 7, effective January 1, 1967. -- Created 1962 Ky. Acts <br>ch. 96, sec. 3.