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chapter-280•Kentucky Revised Statutes, Chapter 280 — Private Toll Bridges and Ferries
chapter-280KRS ch. 280Code15 juil. 1996
Title XXIV — Public Utilities
Includes enactments through the 2026 Regular Session.
The KRS database was last updated on 2026-09-01.
As used in KRS 280.020 to 280.130, unless the context otherwise requires:
(1) "Department" means the Department of Highways.
(2) "Bridge company" or "ferry company" means any person owning, controlling, operating or managing any toll bridge or toll ferry.
(3) "Toll bridge" or "toll ferry" means any bridge or ferry located or operated entirely within this state that is operated over or connects with any highway embraced in the state primary road system and is used in the business of transporting persons for compensation over any stream in this state.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356za-1.
No person shall operate a toll bridge or toll ferry without first having obtained from the Department of Highways a certificate declaring that public convenience and necessity require such operation, except such toll bridge companies and toll ferry companies as hold perpetual and irrevocable franchises for such operation, and such companies shall be subject to all of the other provisions of KRS 280.010 to 280.110.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356za-4.
(1) Every person applying for a certificate of convenience and necessity under KRS 280.020 shall, at the time of application, make and file with the Department of Highways a statement in a form as the department prescribes.
(2) The statement shall, in addition to any other information required by the department, contain:
(a) The name of the applicant;
(b) The nature of the applicant, whether an individual, association, or corporation, and under the laws of what state organized;
(c) The location of its principal office;
(d) The names and post office addresses of its president, secretary, auditor, treasurer, and superintendent or manager;
(e) The name and post office address of its chief officer or managing agent in this state;
(f) The location of the termini between which it transacts its ferry or bridge business;
(g) The number and capacity of boats or other vehicles owned and used for the ferry or the width of driveway of the bridge;
(h) The schedule of hours of service and trips made; and
(i) The schedule showing the rates to be charged and the classification of patrons by rates.
(3) The statement shall be made under the oath of the applicant or, if the applicant is an association or corporation, under the oath of its president, secretary, treasurer, superintendent or manager.
(4) The department shall, after the filing of the application, fix a date for a public hearing on the application, which shall be within thirty (30) days after the filing. The applicant shall give notice of the filing of the application by publication pursuant to KRS Chapter 424.
(5) If it is made to appear to the department that public convenience and necessity requires the operation of the bridge or ferry, the department shall grant the certificate. Any person aggrieved by the decision of the department may appeal, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 190, effective July 15, 1996. -- Amended 1966 Ky. Acts ch. 239, sec. 198. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356za-3, 4356za-7, 4356za-8, 4356za-9.
(1) Except as otherwise expressly provided by law, and except in case of emergency due to the act of God or unavoidable accident, or in case it becomes necessary to make temporary detours, no bridge company or ferry company shall operate in this state over any bridge or stream other than that provided for in its certificate of convenience and necessity, or fail to operate thereon in the manner and at the time specified in the certificate.
(2) Each such company shall comply with every rule, regulation and order of the Department of Highways until it has been modified or set aside by the department, or has been modified or set aside by final order of a court upon appeal as provided in KRS 280.110. Each such company shall comply with all statutes of this state applying to bridges or ferries.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356za-3, 4356za-10.
[Repealed]
Each bridge or ferry company holding a certificate of convenience and necessity shall, on or before March 1 of each year, make and file with the Department of Highways a statement under oath in the same form and containing the same kind of information as provided in KRS 280.030.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356za-7, 4356za-8.
(1) Each bridge company and each ferry company shall immediately notify the Department of Highways in writing of all accidents resulting in loss of life or serious injury.
(2) Whenever, by reason of accident, disability or breakdown, operation of the ferry or bridge pursuant to the schedule filed with the department and in compliance with the conditions prescribed by law is impossible, the company shall make available a substitute way to take the place of the bridge or ferry in order that the schedule may be maintained.
(3) Whenever an interruption to the regular service of a bridge or ferry has continued or is likely to continue over a period of more than twenty-four (24) hours, the company shall notify the Department of Highways, in writing or by telephone or telegraph, of the character, cause and probable duration of the interruption, and of the arrangements made or being made for making available a substitute crossing.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356za-11, 4356za-12.
(1) The Department of Highways shall take all steps necessary to carry into effect the provisions of KRS 280.010 to 280.110, and shall have printed all blanks, rules and directions necessary to enforce its rules and regulations.
(2) The department shall supervise and regulate every bridge company and ferry company, and shall fix such classifications and make such rules and regulations for the control of such companies as it deems necessary. It shall regulate the rates of toll to be charged, and the services, hours of service and safety of operations of each such company. It shall require the filing of reports and any other data of such companies as to all matters affecting their relationship with the traveling public.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356za-3, 4356za-16.
Representatives of the Department of Highways may, at any time and place, enter into or upon any toll bridge or toll ferry for the purpose of ascertaining whether any of the provisions of KRS 280.010 to 280.110 or any of the rules and regulations of the department have been violated. If the operator of such a toll bridge or toll ferry willfully refuses to permit a representative of the department to enter into or upon the bridge or ferry or to furnish him any information as to rates charged, schedules observed or regulations obeyed, the refusal shall be sufficient ground for the revocation or suspension of his certificate of convenience and necessity.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356za-13.
(1) If, after a hearing conducted in accordance with KRS Chapter 13B, the Department of Highways finds that a bridge company or a ferry company has, without good cause, violated or refused to observe any order or administrative regulation of the department, the department may, by final order duly entered, suspend, revoke, alter, or amend the certificate of convenience and necessity held by the company. If, after notice and hearing as provided in this section, the department finds that the company has failed to comply with any of the provisions of KRS 280.010 to 280.110, the department shall revoke the certificate. If the certificate is revoked, the department shall take over the operation of the bridge or ferry.
(2) In any of the cases mentioned in subsection (1) of this section, the company may proceed under the provisions of KRS 280.110 to determine its rights.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 191, effective July 15, 1996. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356za-3, 4356za-15.
In all matters in which the Department of Highways has power and authority under KRS 280.010 to 280.100, it may hear applications and complaints, issue subpoenas, compel the attendance of witnesses, require persons to testify under oath, administer oaths, and issue process, orders, opinions and decisions, but from each final order of the department an appeal may be taken to the Franklin Circuit Court as provided in KRS Chapter 13B.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 192, effective July 15, 1996. -- Amended 1976 Ky. Acts ch. 62, sec. 134. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356za-5.
Each ferry company shall at all times during daylight maintain warning signs of adequate size at distances of five hundred (500) feet and one hundred (100) feet from each bank of the river, and during all hours other than daylight shall maintain red warning lights at the same distances from each bank.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356za-20.
Each ferry company shall, where it is practicable, maintain at all times at each landing a dock, durably constructed and of sufficient size to accommodate two 2 1/2-ton trucks or two 7-passenger automobiles. The dock shall be securely moored to the shore and shall be provided with iron bars or pipes securely fastened to strong, upright, well-braced posts, the bars or pipes to be kept in place at all times except when the boat is secured to the
dock. The construction of the dock, mooring, bars and fastenings shall be strong enough to resist the impact of cars or trucks under reasonable circumstances. Ferry boats using aprons, where it is not practicable to use docks, shall be moored to 3/4-inch iron rings secured to rods of iron of the same size, with splay foot and imbedded in 8-inch concrete roadway. The boat shall have a chain of Swedish iron of 5/8-inch size securely bolted to each gunwale, and the boat shall be moored by fastening the chains to the iron rings. The type of dock or apron shall be subject to the approval of the Department of Highways.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356za-21, 4356za-22, 4356za-23.
(1) When a corporation heretofore or hereafter organized under the general incorporation laws of this state for the purpose of constructing, maintaining and operating a bridge across a river forming a boundary line of this state has, with the consent of its stockholders, heretofore consolidated, or may hereafter consolidate, with a corporation organized for the same purpose under the laws of any other state, the consolidated corporation shall, upon filing a verified copy of the agreement of consolidation with the Secretary of State, have the rights, powers, privileges and immunities of a corporation under the laws of this state, and shall become a corporation of this state, with the right of perpetual succession. The consolidated corporation shall have the power to construct, maintain and operate such a bridge, and the power to condemn land in this state necessary for the construction, operation and maintenance of the bridge and its avenues, approaches and necessary appurtenances, the proceedings to be conducted in the manner prescribed by law for the condemnation of lands for railroad purposes. No bridge constructed under this section, nor any main or principal approach thereof, shall cross any railway at grade thereof.
(2) The consolidated corporation may increase its capital stock from time to time to an amount sufficient for the construction of the bridge, but not to exceed the amount of the capital stock authorized in the articles of incorporation of its Kentucky constituent corporation, and may create an indebtedness not exceeding the amount of its capital stock, and secure the indebtedness by a mortgage upon its property, franchises and rights.
(3) The filing of a copy of the agreement of consolidation with the Secretary of State shall operate as an acceptance by the consolidated corporation of the provisions of the Constitution and of all the provisions of this section and of KRS 280.150.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 843, 844, 853.
(1) No consolidated corporation of the type mentioned in KRS 280.140 shall at the same time own, possess, lease, control or operate more than one (1) bridge crossing any river forming a boundary line of this state. No person owning, possessing or controlling any bridge crossing a river forming a boundary line of this state, and no agent, officer or stockholder thereof, shall at the same time own, possess, lease or control any bridge constructed by a consolidated corporation of the type mentioned in KRS 280.140. No such consolidated corporation, and no agent, officer or stockholder thereof, shall make or be a party to any contract, agreement, combination or arrangement relating to tolls or fares on any bridge crossing a river forming a boundary line of this state with any person owning, possessing, controlling or operating any other such bridge, or with any agent, officer or stockholder thereof. No stock in any such consolidated corporation shall be subscribed for by, transferred to, or held, possessed or owned by any other corporation owning, possessing, controlling or operating any other bridge crossing, from any point in the same county, a river forming a boundary line of this state, or by any agent, officer or stockholder of such a corporation. Each such consolidated corporation, and its agents, officers and stockholders, are hereby made incapable of and prohibited from holding, possessing or owning stock in any other corporation owning, possessing, controlling or operating any bridge crossing, from any point in the same county, a river forming a boundary line of this state.
(2) Every contract, agreement, combination or arrangement made, and every act done, in violation of any provision of this section or of KRS 280.140, shall be void.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 849, 851.
[Repealed]
The provisions of KRS 280.180 to 280.290 do not apply to ferries for which a certificate of convenience and necessity is required under KRS 280.020.
Effective: October 1, 1942
History: Created 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, to clarify chapter.
[Repealed]
[Repealed]
[Repealed]
(1) If any applicant for a ferry privilege owns or has the right to use the land proposed as the site of the ferry only on one (1) side of the stream, and the landing on the opposite side is not at an established public highway, the applicant may, pursuant to the Eminent Domain Act of Kentucky, condemn the necessary right-of-way, not more than forty (40) feet wide, for the use of the ferry.
(2) Any person having an established ferry on any river in this state may have condemned, for a period of twenty (20) years or permanently, at his option, not more than one-half (1/2) acre of land adjacent to the ferry for any purpose necessary for the use of the ferry pursuant to the Eminent Domain Act of Kentucky.
Effective: October 1, 1942
History: Amended 1976 Ky. Acts ch. 140, sec. 115. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1805, 1821.
(1) If the grantee of a ferry privilege does not, within six (6) months after the grant, put and keep the required boats and hands in use, the county judge/executive shall, after notice to him, revoke his grant.
(2) Any failure for one (1) year to keep up a ferry in the manner required, or any sale or lease of a ferry privilege made to, or contract not to use a ferry privilege made with, the owner, tenant or partner of a ferry established within one (1) mile thereof, or the owner, tenant or partner of a ferry established on the other side of the Ohio River or Mississippi River, shall be deemed an abandonment of the ferry privilege, and the county judge/executive shall, upon notice to the grantee, revoke his ferry privilege.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 331, sec. 43, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 384, sec. 458, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 199. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1808, 1810, 1811, 1812.
If no owner of the land on either side of the stream over which a public highway passes will obtain the ferry privilege, or if such an owner, after obtaining the privilege, abandons it or fails to keep it up according to law, the county judge/executive may, after reasonable notice, grant the privilege to another. When it is necessary to the proper exercise of the privilege by such grantee, an action may be brought to condemn permanently, or for not more than twenty (20) years, at the option of the owner of the privilege, not more than two (2) acres of ground adjoining the landing, together with the use, for ferry purposes, of any adjacent uninclosed bank of the stream. Condemnation shall be pursuant to the Eminent Domain Act of Kentucky.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 459, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 262, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 116. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1806.
At the time of granting any ferry privilege, the county judge/executive shall prescribe the number and kind of boats to be kept, the number of hands to be employed, and how the boats shall be propelled, and may, once in each year thereafter, change the same, after notice to the person granted the privilege. Where the rapidity of the current does not require the ferry boat to be propelled by poles, the court shall prescribe that the boat shall have a substantial railing at least two (2) feet high on its sides.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 460, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 263, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1809.
(1) At the time of granting any ferry privilege, the county judge/executive shall fix the rates of toll to be charged at the ferry, which shall be in the following proportions: For every heavy four (4) wheeled wagon, carriage or coach and driver, the same as for six (6) horses; for every light or open four (4) wheeled carriage or light wagon and driver, the same as for four (4) horses; for every two (2) wheeled carriage or cart and driver, the same as for two (2) horses; for every hogshead of tobacco, not in a wagon or cart, the same as for one (1) horse; for every head of neat-cattle, the same as for one (1) horse; for every sheep, goat, hog or lamb, one-fifth (1/5) as much as for a horse.
(2) The rates may be changed by order from time to time, but before an increase may be made reasonable notice of the application must be given to the county attorney, or posted for at least one (1) month on the courthouse door, and before a reduction may be made the county attorney must have written notice served on the owner of the ferry.
(3) No owner or keeper of a ferry, or agent or servant thereof, shall demand or take from any person a greater toll than that allowed by the order of the county judge/executive fixing the rates of toll at his ferry. A violation of this provision by a keeper, agent or servant shall be deemed a violation by the owner.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 461, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 264, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1813, 1814.
No owner or keeper of a ferry shall, in person or by agents, without a reasonable excuse, fail to give immediate ferry service to each person applying for it, except that there may be a reasonable delay between trips.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1815.
Every person operating any ferry boat, by steam or other similar power, across the Ohio or Mississippi River, shall furnish and maintain a floating or stationary waiting room on the Kentucky shore, not more than three hundred (300) feet from the ferry landing, sufficient to accommodate the passengers and protect them from the weather. History: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1809a.
The owner or lessee of any ferry operated for compensation on a stream in this state at a point where it is crossed by a road or public highway not maintained by the state shall grade the banks of the stream and pave them with a hard surface, at least sixteen (16) feet wide, from the low water mark of the stream to the high water mark or the top of each bank in the road, and shall maintain the hard surface.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1821a-1.
(1) Any person interested may appeal from any order of the county judge/executive concerning a ferry or ferry rates to the Circuit Court of the county, and thence to the Court of Appeals, both of which shall have jurisdiction of law and fact, but the Court of Appeals of only such facts as are certified from the Circuit Court. The appeal shall be prosecuted to the Circuit Court within thirty (30) days from the making of the order, and to the Court of Appeals in accordance with the Rules of Civil Procedure. The county attorney may take an appeal in the name of the Commonwealth from any order of the county judge/executive concerning a ferry or ferry rates, but only if some person becomes responsible to the adverse party for the cost incident thereto.
(2) The Circuit Court shall hear each appeal brought under subsection (1) of this section as an original case, and may command the county judge/executive to enter an order in conformity with the judgment of the Circuit Court.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 462, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 265, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1801, 1817.
Any person may construct a bridge over any navigable body of water of which the navigable portion lies wholly within this state, after the location and plans of the bridge have been approved by the United States chief of engineers and by the Secretary of War.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 853a-1.
[Repealed]
[Repealed]
[Repealed]
(1) Any person who violates any of the provisions of subsection (3) of KRS 280.250 or any of the provisions of KRS 280.260 shall, for the first offense, forfeit twenty-five dollars ($25) to the person aggrieved, and shall, for every subsequent offense, forfeit one hundred dollars ($100) to the person aggrieved, but the person aggrieved shall not recover the forfeiture after a prosecution has been instituted under subsection (2) of this section. The forfeiture may be recovered by the person aggrieved by ordinary action in any court having jurisdiction to render judgment for the sum claimed to be forfeited, and the judgment may be enforced by execution against the property or against the person, at the election of the plaintiff.
(2) Any person who violates any of the provisions of subsection (3) of KRS 280.250 or any of the provisions of KRS 280.260 shall be liable to a fine of fifty dollars ($50) for the first offense and one hundred dollars ($100) for each subsequent offense, but no conviction shall be had under this subsection in any case where the person aggrieved has sued for and recovered the forfeiture prescribed in subsection (1) of this section.
(3) Any person who violates any of the provisions of KRS 280.270 shall be fined twenty dollars ($20) for each day that the violation continues.
(4) Any person who violates any of the provisions of KRS 280.280 shall be fined not less than five dollars ($5) nor more than ten dollars ($10) for each day that the violation continues.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 113, sec. 7, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 266, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 850, 852, 1342a-3, 1809a, 1814, 1815, 1816, 1818, 1819, 1820, 1821a-2, 4356za-17, 4356za-23.
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