AMERICAN TRUCKING ASS'N v. COM., TRANSP. CAB.


676 S.W.2d 785 (1984)

AMERICAN TRUCKING ASSOCIATION, INC.; Kentucky Motor Transport Association, Inc.; A. Arnold & Son Transfer & Storage Co., Inc.; "Al" Naish Moving and Storage Co.; Atlas Trucking, Inc.; Bestway Express, Inc.; Edgar Vissing, d/b/a Pleasant Grove Farm; John Franconia Trucking Co., Inc.; Marvin Tanner Trucking Company, Inc.; Square D Company, Respondents/Appellants, v. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET; James R. Runke, Secretary Kentucky Transportation Cabinet; Department of Vehicle Regulation, Kentucky Transportation Cabinet; and Timothy D. Helson, Commissioner Department of Vehicle Regulation, Kentucky Transportation Cabinet, Movants/Appellees. AMERICAN TRUCKING ASSOCIATION, INC.; Kentucky Motor Transport, Inc.; A. Arnold & Son Transfer & Storage Co., Inc.; "Al" Naish Moving and Storage Co.; Atlas Trucking, Inc.; Bestway Express, Inc.; Edgar Vissing, d/b/a Pleasant Grove Farm; John Franconia Trucking Co., Inc.; Marvin Tanner Trucking Company, Inc.; Square D Company, Respondents/Appellants, v. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET; James R. Runke, Secretary Kentucky Transportation Cabinet; Department of Vehicle Regulation, Kentucky Transportation Cabinet; and Timothy D. Helson, Commissioner Department of Vehicle Regulation, Kentucky Transportation Cabinet, Movants/Appellees.

Supreme Court of Kentucky.

September 13, 1984.


Attorney(s) appearing for the Case

William L. Willis, Frankfort, for respondents/appellants.

Dorothy Pitt, James R. Cox, Patrick A. Nepute, Marvin J. Hirn, Greenebaum, Doll & McDonald, Louisville, Dandridge F. Walton, Frankfort, for movants/appellees.


VANCE, Justice.

These two appeals arise from a challenge to the constitutionality of provisions of Chapter 138 of the Kentucky Revised Statutes which imposed a "weight-distance" tax upon private carriers and a challenge to the validity of regulations adopted by the Transportation Cabinet for the administration of the Act.

A question as to the validity of a regulation which authorized per diem charges to be assessed against carriers in the event they elected...

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