Redefining commercial vehicle permitting and credentialing violations.
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2015-08-01
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Abstract:The objective of this study was to analyze enforcement and adjudication of common commercial vehicle tax, credentialing, and safety offenses. This study examined violations of the International Fuel Tax Agreement and the Kentucky Intrastate Tax, Kentucky’s weight distance tax, Unified Carrier Registration, Kentucky size and weight laws, and federal safety regulations from 2004 to 2013. Statistical analysis showed declining conviction rates, increasing dismissal rates, and a drop in collections of court costs and fines associated with these offenses. In addition, adjudication varied significantly from district court to district court, which is creating an equity issue for motor carriers and the drivers who operate in Kentucky. Surveys of other states and conversations with Kentucky officials were used to develop two policy alternatives to the current system. The first policy is a piecemeal reform of current practices, and the second policy establishes a civil penalties system where a review board adjudicates commercial vehicle offenses in lieu of district courts. An implementation analysis shows the latter would be a more equitable, efficient, and fiscally responsible alternative to current practices.
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