AN ACT relating to the transportation of milk.

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AN ACT relating to the transportation of milk. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 189.222 is amended to read as follows: 3
(1) Except as provided in subsection (2) of this section, the secretary of the 4
Transportation Cabinet in respect to highways which are a part of the state -5
maintained system, by official order, may increase on designated highways or 6
portions thereof, the maximum height, length, and gross weight prescribed in KRS 7
189.221, if in the opinion of the secretary, the increased height, length, and weight 8
designated by him or her are justified by the str ength, safety, and durability of the 9
designated highways, and the highways do not appear susceptible to unreasonable 10
and unusual damage by reason of the increases and the secretary may establish 11
reasonable classification of state maintained roads and fix a different maximum for 12
each classification. Any increase in the height, length, or width of any motor truck 13
or tractor semitrailer combinations or any other vehicle combinations including any 14
part of the body or load or designation of highways to be used b y the vehicles, shall 15
not, in any way, exceed the federal law or regulations thereunder or jeopardize the 16
allotment or qualification for federal aid funds of the Commonwealth of Kentucky 17
or exceed the following dimensions and weights: 18
(a) 1. Height, for vehicles transporting motor vehicles, fourteen (14) feet; and 19
2. Height, for all other vehicles, thirteen and one-half (13-1/2) feet; 20
(b) Length, semitrailers, fifty -three (53) feet; trailers, twenty -eight (28) feet; 21
motor trucks, forty -five (45) feet, not to exceed two (2) trailers per truck 22
tractor; 23
(c) Weight, twenty thousand (20,000) pounds per single axle, with axles less than 24
forty-two (42) inches apart to be considered as a single axle; thirty -four 25
thousand (34,000) pounds on two (2) axles in tandem arrangement which are 26
spaced forty -two (42) inches or more apart and less than ninety -six (96) 27
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inches apart; forty -eight thousand (48,000) pounds on three (3) axles which 1
are spaced forty -two (42) inches or more apart and less than one hundred 2
twenty (120) inches apart. No single axle in any arrangement shall exceed 3
twenty thousand (20,000) pounds or seven hundred (700) pounds per inch of 4
the aggregate width of all the tires on a single axle, whichever is less. The 5
total gross weight of the vehicle and load shall not exceed eighty thousand 6
(80,000) pounds; 7
(d) Except on the interstate highway system, a tolerance of not more than five 8
percent (5%) per axle load shall be permitted before a carrier is deemed to 9
have violated paragraph (c) of this subsection. The gross weight shall not 10
exceed eighty thousand (80,000) pounds; 11
(e) Except as provided for in paragraph (f) of this subsection, truck tra ctor, 12
semitrailer and trailer combinations, and other vehicle combinations may be 13
operated only on the interstate system and on those parts of the federal aid 14
highway system and the state -maintained system which have been designated 15
by the secretary of the Transportation Cabinet by official order as safely 16
allowing same; and 17
(f) A vehicle or combination of vehicles that is one hundred two (102) inches 18
wide or less and has a gross weight of not more than eighty thousand (80,000) 19
pounds may be driven on any s tate highway, for a distance of up to fifteen 20
(15) miles from an interstate or parkway exit. 21
(2) In addition to the provisions of KRS 189.2226, vehicles with a gross weight of up 22
to eighty thousand (80,000) pounds may travel on any state highway in the 23
Commonwealth without obtaining a special permit, if the weight does not exceed 24
any limits mandated by federal law or regulation, any posted bridge weight limit, or 25
the weight limits for the size and type of vehicle established under subsection (1)(c) 26
of this section, and if the vehicle is transporting any of the following: 27
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(a) Meats or agricultural crop products originating from a farm to first market; 1
(b) Livestock or poultry from their point of origin to first market. As used in this 2
paragraph and in paragra ph (d) of this subsection, "livestock" means cattle, 3
sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of 4
the bovine, ovine, porcine, caprine, equine, or camelid species; 5
(c) Primary forest products, including, but not limited t o, sawdust, wood chips, 6
bark, slabs, or logs originating from their points of origin to first market; or 7
(d) Supplies, materials, or equipment necessary to carry out a farming operation 8
engaged in the production of agricultural crop products, meats, livest ock, or 9
poultry. 10
(3) The following vehicles registered under KRS 186.050 may exceed the gross weight 11
provisions set forth in subsection (1)(c) of this section by a weight tolerance of ten 12
percent (10%), except on the interstate highway system: 13
(a) Vehicles that are engaged exclusively in the transportation of items listed in 14
subsection (2)(a), (b), and (c) of this section; and 15
(b) Vehicles that are engaged exclusively in the transportation of feed for 16
livestock or poultry. 17
(4) (a) Notwithstanding KRS 189.26 9, vehicles with a gross weight of up to ninety 18
thousand (90,000) pounds transporting fluid milk originating from a farm 19
to first market may travel on any state highway in the Commonwealth 20
without obtaining a special permit, except that: 21
1. The weight of t he vehicle and load under this subsection shall not 22
exceed any limits mandated by federal law or regulation, or any posted 23
bridge weight limit; and 24
2. A vehicle being operated on the interstate highway system shall not 25
exceed eighty thousand (80,000) pounds. 26
(b) A vehicle may exceed the weight provisions established by this subsection by 27
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a weight tolerance of ten percent (10%), except on the interstate highway 1
system. 2
(5) Vehicles exclusively engaged in the transportation of motor vehicles, 3
unmanufactured t obacco, or unmanufactured tobacco products may, on those 4
highways which are a part of the state -maintained system and which have been 5
designated by the secretary of the Transportation Cabinet by official order as safely 6
allowing same, attain the maximum le ngths as provided by subsection (1)(b) of this 7
section, excluding the usual and ordinary bumper overhang of the transported 8
vehicles. 9
(6)[(5)] Vehicles engaged exclusively in the transportation of farm or primary forestry 10
products and registered under KRS 186.050(4) or 186.050(9) and vehicles engaged 11
exclusively in the transportation of ready -mixed concrete shall be excluded from 12
the axle weight provisions, except on interstate highways, and subject only to total 13
gross weight provisions. 14
(7)[(6)] Vehicles r egistered pursuant to KRS 186.050(3)(b) and engaged in the 15
transportation of primary forest products, including, but not limited to, vehicles 16
transporting sawdust, wood chips, bark, slabs, or logs, may exceed the axle, or 17
gross weight provisions as set for th in accordance with subsection (1)(c) of this 18
section by a weight tolerance of ten percent (10%), except on the interstate highway 19
system. 20
(8)[(7)] Vehicles designed for and engaged exclusively in the collection and hauling 21
of refuse and registered under KRS 186.050(3)(b) shall be excluded from the axle 22
weight provisions, except when in operation on the federal interstate system, and 23
subject only to total gross weight provisions. 24
(9)[(8)] The secretary of the Transportation Cabinet may by order increase t he weight 25
and height limits prescribed by this chapter for motor vehicles while being operated 26
exclusively on roads or highways being constructed, reconstructed, or repaired 27
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under contract with the Transportation Cabinet by the contractor or subcontractor, 1
agent, or employee thereof. 2
(10)[(9)] Except as otherwise provided in this chapter, the secretary of the 3
Transportation Cabinet shall not authorize the operation of any vehicle or 4
combination of vehicles, upon any part of the federal aid highway system or state 5
parkway system, which exceeds the following dimensions and weights: 6
(a) Width, one hundred two (102) inches, including any part of the body or load; 7
or 8
(b) Weight, twenty thousand (20,000) pounds per single axle, with axles less than 9
forty-two (42) inches apart to be considered as a single axle; thirty -four 10
thousand (34,000) pounds on two (2) axles in tandem arrangement which are 11
spaced forty -two (42) inches or more apart and less than ninety -six (96) 12
inches apart; forty -eight thousand (48,000) pound s on three (3) axles which 13
are spaced forty -two (42) inches or more apart and less than one hundred 14
twenty (120) inches apart. The total gross weight of the vehicle and load shall 15
not exceed eighty thousand (80,000) pounds. If any federal law or laws or 16
regulations thereunder are hereafter enacted authorizing weights and 17
dimensions in excess of those set out in paragraphs (a) and (b) of this 18
subsection, the secretary of the Transportation Cabinet may by official order 19
increase the maximum weights and dimens ions but the increased weights and 20
dimensions shall not exceed those set out in this section. 21
(11)[(10)] Except on the interstate highway system, vehicles engaged exclusively in the 22
transportation of crushed stone, fill dirt and rock, soil, bulk sand, coal , phosphate 23
muck, asphalt, concrete, solid waste, tankage or animal residues, livestock, feed for 24
livestock or poultry, and agricultural products shall be permitted a tolerance of ten 25
percent (10%) of the axle weight provisions before a carrier is deemed t o have 26
violated subsection (1)(c) of this section. 27
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(12)[(11)] For any vehicle which is equipped with an auxiliary power unit, the weight 1
limits set forth in this section shall be increased by four hundred (400) pounds. 2
(13)[(12)] The Transportation Cabinet may promulgate administrative regulations in 3
accordance with[pursuant to] KRS Chapter 13A, relating to the implementation of 4
23 C.F.R. pt. 658 as it relates to state -maintained or locally maintained roads. The 5
enforcement of the provisions of KRS 189.221 and this section on locally 6
maintained roads shall not be the responsibility of the law enforcement officers of 7
the Transportation Cabinet, unless the head of the corresponding local government 8
unit has requested, in writing, enforcement assistance from the Transportation 9
Cabinet. 10
Section 2. KRS 189.010 is amended to read as follows: 11
As used in this chapter: 12
(1) "Department" means the Department of Highways; 13
(2) "Crosswalk" means: 14
(a) That part of a roadway at an intersection within the connections of the lateral 15
lines of the sidewa lks on opposite sides of the highway measured from the 16
curbs or in the absence of curbs, from the edges of the traversable roadway; or 17
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated 18
for pedestrian crossing by lines or other markings on the surface; 19
(3) "Highway" means any public road, street, avenue, alley or boulevard, bridge, 20
viaduct, or trestle and the approaches to them and includes private residential roads 21
and parking lots covered by an agreement under KRS 61.362, of f-street parking 22
facilities offered for public use, whether publicly or privately owned, except for -23
hire parking facilities listed in KRS 189.700; 24
(4) "Intersection" means: 25
(a) The area embraced within the prolongation or connection of the lateral curb 26
lines, or, if none, then the lateral boundary lines of the roadways of two (2) 27
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highways which join one another, but do not necessarily continue, at 1
approximately right angles, or the area within which vehicles traveling upon 2
different highways joining at any other angle may come into conflict; or 3
(b) Where a highway includes two (2) roadways thirty (30) feet or more apart, 4
then every crossing of each roadway of such divided highway by an 5
intersecting highway shall be regarded as a separate intersection. If the 6
intersecting highway also includes two (2) roadways thirty (30) feet or more 7
apart, every crossing of two (2) roadways of the highways shall be regarded as 8
a separate intersection. The junction of a private alley with a public street or 9
highway shall not constitute an intersection; 10
(5) "Manufactured home" has the same meaning as defined in KRS 186.650; 11
(6) "Motor truck" means any motor -propelled vehicle designed for carrying freight or 12
merchandise. It shall not include self -propelled vehicles designed prim arily for 13
passenger transportation but equipped with frames, racks, or bodies having a load 14
capacity of not exceeding one thousand (1,000) pounds; 15
(7) "Operator" means the person in actual physical control of a vehicle; 16
(8) "Pedestrian" means any person afoot or in a wheelchair; 17
(9) "Right-of-way" means the right of one (1) vehicle or pedestrian to proceed in a 18
lawful manner in preference to another vehicle or pedestrian approaching under 19
such circumstances of direction, speed, and proximity as to give rise to danger of 20
collision unless one grants precedence to the other; 21
(10) "Roadway" means that portion of a highway improved, designed, or ordinarily used 22
for vehicular travel, exclusive of the berm or shoulder. If a highway includes two 23
(2) or more separate roadways, the term "roadway" as used herein shall refer to any 24
roadway separately but not to all such roadways collectively; 25
(11) "Safety zone" means the area or space officially set apart within a roadway for the 26
exclusive use of pedestrians and which is protected or is so marked or indicated by 27
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adequate signs as to be plainly visible at all times while set apart as a safety zone; 1
(12) "Semitrailer" means a vehicle designed to be attached to, and having its front end 2
supported by, a motor truck or truck t ractor, intended for the carrying of freight or 3
merchandise and having a load capacity of over one thousand (1,000) pounds; 4
(13) "Truck tractor" means any motor-propelled vehicle designed to draw and to support 5
the front end of a semitrailer. The semitrail er and the truck tractor shall be 6
considered to be one (1) unit; 7
(14) "Sharp curve" means a curve of not less than thirty (30) degrees; 8
(15) "State Police" includes any agency for the enforcement of the highway laws 9
established pursuant to law; 10
(16) "Steep grade" means a grade exceeding seven percent (7%); 11
(17) "Trailer" means any vehicle designed to be drawn by a motor truck or truck -tractor, 12
but supported wholly upon its own wheels, intended for the carriage of freight or 13
merchandise and having a load capacity of over one thousand (1,000) pounds; 14
(18) "Unobstructed highway" means a straight, level, first -class road upon which no 15
other vehicle is passing or attempting to pass and upon which no other vehicle or 16
pedestrian is approaching in the opposite direc tion, closer than three hundred (300) 17
yards; 18
(19) (a) "Vehicle" includes: 19
1. All agencies for the transportation of persons or property over or upon 20
the public highways of the Commonwealth; and 21
2. All vehicles passing over or upon the highways. 22
(b) "Motor vehicle" includes all vehicles, as defined in paragraph (a) of this 23
subsection, except: 24
1. Road rollers; 25
2. Road graders; 26
3. Farm tractors; 27
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4. Vehicles on which power shovels are mounted; 1
5. Construction equipment customarily used only on the site of 2
construction and which is not practical for the transportation of persons 3
or property upon the highways; 4
6. Vehicles that travel exclusively upon rails; 5
7. Vehicles propelled by electric power obtained from overhead wires 6
while being operated within any municipality or where the vehicles do 7
not travel more than five (5) miles beyond the city limits of any 8
municipality; 9
8. Vehicles propelled by muscular power; and 10
9. Electric low-speed scooters; 11
(20) "Reflectance" means the ratio of the amount of total light, expressed in a 12
percentage, which is reflected outward by the product or material to the amount of 13
total light falling on the product or material; 14
(21) "Sunscreening material" means a product or material, including film, glazing, and 15
perforated sunscreening, which, when applied to the windshield or windows of a 16
motor vehicle, reduces t he effects of the sun with respect to light reflectance or 17
transmittance; 18
(22) "Transmittance" means the ratio of the amount of total light, expressed in a 19
percentage, which is allowed to pass through the product or material, including 20
glazing, to the amou nt of total light falling on the product or material and the 21
glazing; 22
(23) "Window" means any device designed for exterior viewing from a motor vehicle, 23
except the windshield, any roof -mounted viewing device, and any viewing device 24
having less than one hundred fifty (150) square inches in area; 25
(24) "All-terrain vehicle" means any motor vehicle used for recreational off-road use; 26
(25) "Nondivisible load," as pertains to: 27
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(a) State highways that are not part of the national truck network established 1
pursuant to 23 C.F.R. pt. 658, means a load or vehicle, that if separated into 2
smaller loads or vehicles: 3
1.[(a)] Compromises the intended use of the vehicle, making it unable to 4
perform the function for which it was intended; 5
2.[(b)] Destroys the value of the lo ad or vehicle, making it unusable for 6
its intended purpose; or 7
3.[(c)] Requires more than four (4) work hours to dismantle and 8
reassemble using appropriate equipment; or 9
(b) Any highway that is part of the national truck network established pursuant 10
to 23 C.F.R. pt. 658, includes fluid milk products in accordance with 23 11
U.S.C. sec. 127(a)(13); 12
(26) "Electric low-speed scooter" means a device that: 13
(a) Weighs less than one hundred (100) pounds; 14
(b) Is equipped with wheels; 15
(c) Is equipped with handlebars; 16
(d) Is equipped with a brake adequate enough to stop and park the device; 17
(e) Is designed to be stood or sat upon; 18
(f) Is propelled by an electric motor, human power, or both; and 19
(g) Is designed to operate at a maximum speed of twenty (20) miles per hour, on a 20
paved level surface, with or without human propulsion; and 21
(27) "Highway work zone" means that portion of a highway and the affected area 22
adjacent to a lane, berm, or shoulder, including a sidewalk, upon which 23
construction, reconstruction, resurfacing, maintenance, inspection, or other work of 24
that nature is being conducted by a government agency, private contractor, or utility 25
company. 26
Section 3. KRS 189.270 is amended to read as follows: 27
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(1) (a) The department may issue permits for the operation of motor vehicles, 1
manufactured homes, recreational vehicles, boats, or any other vehicle 2
transporting a nondivisible load, whose gross weight including load, height, 3
width, or length exceeds the limits prescribed by this chapter or which in other 4
respects fail to comply with the requirements of this chapter. Permits may be 5
issued by the department for stated periods, special purposes, and unusual 6
conditions, and upon terms in the interest of public safety and the preservation 7
of the highways as the department may require. 8
(b) Subject to the limitations in subsection (4) of this section, the department shall 9
promulgate administrative regulations in accordance with KRS Chapter 13A 10
to set fees for permits established under this section. 11
(2) Except as provided in subsection (8) of this section, the department may, at the 12
request of an applicant, issue a single-trip permit regardless of the type of vehicle or 13
equipment being transported that exceeds th e weight or dimension limits 14
established by this chapter if the load being transported is a nondivisible load. 15
(3) (a) Except as provided in subsection (8) of this section, the department may, at 16
the request of an applicant, issue an annual permit regardle ss of the type of 17
vehicle or equipment being transported that exceeds the weight or dimension 18
limits established by this chapter if the load being transported is a nondivisible 19
load. 20
(b) Except as provided in paragraph (c) of this subsection, a [The] vehicle 21
operating under a permit issued under this subsection shall not exceed sixteen 22
(16) feet in width exclusive of usual and ordinary overhang, one hundred 23
twenty (120) feet in length including a towing vehicle and trailer combination, 24
thirteen (13) feet six (6) inches in height, or one hundred sixty thousand 25
(160,000) pounds. 26
(c) Notwithstanding KRS 189.269, a vehicle transporting fluid milk products 27
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under a permit issued under this subsection shall not exceed one hundred 1
thousand (100,000) pounds. 2
(4) The department shall establish the following annual permits to transport farm 3
equipment, with the listed fee limits: 4
(a) For equipment less than or equal to fourteen (14) feet in width, eighty dollars 5
($80); and 6
(b) For equipment that exceeds fourteen (14) feet in width, when transported from 7
a dealership to a farm, from a farm to a dealership, or from a dealership to a 8
dealership, one hundred fifty dollars ($150). 9
(5) Permits issued under this section shall be for nondivisible loads and shall be valid 10
statewide; however, the department may, as a condition of issuing an annual or 11
single-trip permit, limit the overweight or overdimensional vehicle to specified 12
routes, exclude certain highways, or even cancel an applicant's permit if an 13
unreasonable risk of accident or an unreasonable impedance of the flow of traffic 14
would result from th e presence of the overweight or overdimensional vehicle. A 15
person who applies for, and accepts, a permit issued under this section is 16
acknowledging that the Kentucky Transportation Cabinet is not guaranteeing safe 17
passage of vehicles by issuing the permit. A person who applies for, and accepts, a 18
permit issued under this section agrees to measure all clearances of highway 19
structures, both laterally and vertically, prior to passage of the person's vehicles 20
along the routes specified in the permit. A person w ho applies for, and accepts, a 21
permit issued under this section is classified as a bare licensee whose duty is to 22
assume sole risk involved in using Kentucky's highways without warranty of 23
accuracy. 24
(6) Subject to the limitations of subsection (12) of this section, the department shall 25
promulgate administrative regulations under KRS Chapter 13A to establish 26
requirements for escort vehicles, safety markings, and other safety restrictions 27
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governing the operation of an overweight or overdimensional vehicle. Th e 1
department shall provide each applicant for an annual or single -trip permit issued 2
under this section a copy of all restrictions associated with the overweight or 3
overdimensional permit at no charge to the applicant. The department shall be 4
prohibited from raising the permit fee established in subsections (2) and (3) of this 5
section by levying additional fees for an overweight or overdimensional permit 6
through the administrative regulation process. 7
(7) (a) Notwithstanding KRS 189.269, the department may, at the request of an 8
applicant who is a transporter of manufactured housing, issue an annual 9
permit that exceeds the weight or dimension limits established by this chapter 10
if the load being transported is a nondivisible load. 11
(b) The vehicle operated shall not exceed sixteen (16) feet in width exclusive of 12
usual and ordinary overhang, one hundred twenty (120) feet in length 13
including a towing vehicle and trailer combination, fifteen (15) feet in height, 14
or one hundred sixty thousand (160,000) pounds. 15
(c) The holder of a permit issued under this subsection shall, when transporting a 16
manufactured home: 17
1. Abide by all escort requirements, safety markings, and other safety 18
restrictions governing overweight and overdimensional vehicles; and 19
2. Equip each truck o perating under a permit with global positioning 20
system technology that keeps a record of locations traveled. The travel 21
records of trucks operating under a permit shall be open to inspection by 22
the Transportation Cabinet. 23
(d) Any person with a permit under this subsection who operates a vehicle greater 24
than thirteen (13) feet six (6) inches in height while operating in a restricted 25
area designated by the Transportation Cabinet shall be fined one thousand 26
dollars ($1,000). 27
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(8) The cabinet shall not issue an annual permit under this section if the person 1
applying for the permit is eligible for an annual permit issued under KRS 189.2716 2
or 189.2717. 3
(9) The department may require the applicant to give bond, with approved surety, to 4
indemnify the state or counties against damage to highways or bridges resulting 5
from use by the applicant. The operation of vehicles in accordance with the terms of 6
the permit issued under this section shall not constitute a violation of this chapter if 7
the operator has the permit, or an authenticated copy of it, in his or her possession. 8
(10) Any person transporting a parade float which exceeds the dimensional limits on a 9
highway over which it is transported shall be required to obtain a permit as required 10
in subsection (2) of this section. If the float is being used in conjunction with a 11
parade to be held within the boundaries of the Commonwealth, a fee shall not be 12
assessed by the department to issue the permit. 13
(11) A person shall not operate any vehicle in violation of the terms of the permit issued 14
under this section. 15
(12) (a) The cabinet shall not promulgate administrative regulations pursuant to this 16
section that restrict the time or days of the week when a permit holder may 17
operate on the highway, except that travel may be limited from 6 a.m. to 9 18
a.m. and 3 p.m. to 6 p.m. Monday through Friday. In addition to the 19
restrictions established in this paragraph, any manufacture d home being 20
transported by permit issued under this section shall not travel on any 21
highway after daylight hours Monday through Saturday, or at any time on 22
Sunday. 23
(b) The cabinet shall allow a permit holder who has obtained a permit to transport 24
equipment to a work site to return to the permit holder's place of business 25
immediately after work is completed at the job site, subject to the limitations 26
of paragraph (a) of this subsection. 27
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(c) The cabinet shall not promulgate administrative regulations pursuan t to this 1
section setting forth escort vehicle requirements for overdimensional farm 2
implements or vehicles towing overdimensional farm implements that are 3
more stringent than the following: 4
1. For a single vehicle and load in excess of twelve (12) feet in width being 5
operated on a two (2) lane highway, no more than one (1) lead vehicle 6
shall be required; 7
2. For a single vehicle and load in excess of twelve (12) feet in width being 8
operated on a four (4) lane highway, no more than one (1) trail vehicle 9
shall be required; 10
3. For a single vehicle and load in excess of eighty -five (85) feet in length 11
being operated on a two (2) lane highway, no more than one (1) lead 12
vehicle shall be required; 13
4. For more than one (1) vehicle and load in excess of twelve (12) f eet in 14
width or eighty-five (85) feet in length being operated as a convoy on a 15
two (2) lane highway, no more than one (1) lead vehicle shall be 16
required; 17
5. A lead escort vehicle on a two (2) lane highway under this paragraph 18
may also serve as a tow vehicle; 19
6. Any distance for lead or trail escort vehicles shall contain provisions 20
allowing for a variance from that distance due to safety or road 21
conditions; and 22
7. A vehicle or its escort shall be required to bear a sign declaring that the 23
vehicle is oversized or be required to use lights, flashers, or flags, but a 24
vehicle or its escort shall not be required to do both. 25
Section 4. KRS 189.2717 is amended to read as follows: 26
(1) (a) Subject to the provisions of KRS 189.222, the department may promulgate 27
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administrative regulations pursuant to KRS Chapter 13A governing the 1
issuance of annual permits for the operation of motor vehicles transporting 2
nondivisible loads in this Commonwealth whose gross weight exceeds the 3
limits prescribed by this chapter. 4
(b) Except as provided in paragraph (c) of this subsection, the gross weight of a 5
motor vehicle operating pursuant to this section shall not exceed one hundred 6
twenty thousand (120,000) pounds. 7
(c) Notwithstanding KRS 189.269, the gross weight of a motor vehicle 8
transporting fluid milk products under a permit issued under this section 9
shall not exceed one hundred thousand (100,000) pounds. 10
(d) The movement of the overweight motor vehicle shall be limited to a specific 11
route set forth on the annual permit. 12
(2) Except as provided is subsection (3) of this section, the following axle weights 13
shall not be exceeded in the loading of a nondivisible load: 14
(a) Single axle with axles less than forty -two (42) inches apart and being the 15
steering axle with one (1) wheel on each side of the axle to be considered a 16
single axle shall not be more than fifteen thousand (15,000) pounds; 17
(b) Two (2) axles in tandem arrangement which are spaced forty -two (42) inches 18
or more apart and less than ninety-six (96) inches apart shall not be more than 19
forty thousand (40,000) pounds; 20
(c) Three (3) axles in tridem arrangement which are spaced forty -two (42) or 21
more inches apart and less than one hundred twenty (120) inches apart shall 22
not be more than sixty-five thousand (65,000) pounds; and 23
(d) Dual wheel axle with one (1) axle with two (2) wheels on each side of the axle 24
to be considered a dual wheel axle shall not be more than twenty thousand 25
(20,000) pounds each. 26
(3) Notwithstanding KRS 189.269, the axle weigh t limits in subsection (2) of this 27
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section shall not apply to a vehicle transporting fluid milk products under a 1
permit issued under this section. 2
(4) Each motor vehicle operating pursuant to this section shall comply with the safety 3
provisions set forth in the administrative regulations promulgated by the department 4
pursuant to this section. 5
(5)[(4)] The department shall promulgate a dministrative regulations in accordance 6
with KRS Chapter 13A to set fees for permits established under this section. 7
(6)[(5)] The department may refuse to issue a permit for a requested route because of 8
the inadequacies of the roadway or a structure on that route. 9
Section 5. KRS 189.221 is amended to read as follows: 10
A person shall not operate on any highway, except those highways designated by the 11
secretary of transportation under the provisions of KRS 189.222, or those locally 12
maintained highways under the provisions of KRS 189.222 (13)[(12)] or 189.230(4), any 13
of the following trucks, trailers, manufactured homes, or vehicles: 14
(1) Any motor truck, semitrailer, trailer, manufactured home, or vehicle which exceeds 15
eleven a nd one -half (11 -1/2) feet in height or ninety -six (96) inches in width, 16
including any part of the body or load; 17
(2) Any motor truck, except a semitrailer truck, which exceeds twenty -six and one half 18
(26-1/2) feet in length, including any part of the body or load; 19
(3) Any semitrailer truck which exceeds thirty (30) feet in length, including any part of 20
the body or load; 21
(4) Any truck, semitrailer truck, or truck and trailer unit which exceeds 36,000 pounds 22
gross weight, including the load; 23
(5) Any truck, sem itrailer truck, or tractor -trailer unit which exceeds a gross weight 24
equal to the sum of six hundred (600) pounds per inch of the combined width of the 25
tires upon which the vehicle may be propelled, but no more than thirty -six thousand 26
(36,000) pounds; and 27
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(6) Notwithstanding the provisions of this section, any truck hauling building materials 1
under KRS 189.2226, or to a road construction project on a highway rated less than 2
the maximum weight provided above, may haul up to eighty thousand (80,000) 3
pounds gross weight, including the load, without a permit. 4