AN ACT relating to motor vehicles.

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AN ACT relating to motor vehicles. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 190.058 is amended to read as follows: 3
(1) The Motor Vehicle Commission is hereby created as an agency of the 4
Commonwealth to carry out the functions and duties conferred upon it by this 5
section. 6
(2) The commission shall consist of twelve (12) members, eleven (11) of whom shall 7
be appointed by the Governor, and the twelfth shall be the commissioner of the 8
Department of Vehicle Regulation. The appointed members shall be: 9
(a) One (1) representative of an automobile manufacturer; 10
(b) One (1) representative of automobile wholesalers; 11
(c) One (1) representative of consumers who shall have no direct financial 12
interest in the industry; 13
(d) Four (4) new motor vehicle dealers, but no more than two (2) shall represent 14
the same automobile manufacturer as a franchise dealer; and 15
(e) Four (4) used motor vehicle dealers. 16
(3) In addition to the requirements of membership on the commission in subsection (2) 17
of this section , the following requirements shall apply to the composition of the 18
commission: 19
(a) No more than seven (7) members shall be from the same political party; and 20
(b) From the eight (8) members specified in subsection (2)(d) and (e) of this 21
section, seven (7) shall be from separate Supreme Court districts. 22
(4) Each member shall serve for a term of three (3) years. The staggered terms of 23
membership dating from the gubernatorial appointments of July 15, 1982, shall 24
remain in effect. 25
(5) (a) Members of the commission shall qualify by taking the constitutional oath of 26
office which shall, with the certificate of appointment, be evidence of the 27
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authority of the member to act. 1
(b) Each member of the commission shall be entitled to two hundred dollars 2
($200) per day for each day actually engaged in the duties of the office, 3
including time spen t in necessary travel to and from meetings and otherwise, 4
together with all travel and other necessary expenses incurred while 5
performing official duties. 6
(6) The commission shall hold a regular annual meeting in September of each year and 7
elect a chairperson[chairman] and vice chairperson[chairman] to serve for the 8
ensuing year. The commission shall have regular meetings as the majority of the 9
members specifies and special meetings at the request of any five (5) members. 10
Reasonable notice of all meetings s hall be given as commission administrative 11
regulations prescribe. 12
(7) A member of the commission shall not participate in the deliberations of the 13
commission and shall not vote on any matter before the commission in which the 14
member has a financial interest or is an interested party. A member shall voluntarily 15
disqualify himself or herself from deliberating or voting upon matters that affect the 16
member but shall not be required to disqualify from matters of general interest 17
affecting the member, the member' s employer, or a business unit in which the 18
member has a financial interest as a member of a class of persons to be affected by 19
an administrative regulation or order of the commission. 20
(8) A majority of the commissioners, excluding any disqualified commiss ioner, shall 21
constitute a quorum for the transaction of any business, for the performance of any 22
duty, or for the exercise of any power of the commission. A vacancy in the 23
commission, whether due to disqualification or otherwise, shall not impair the right 24
of the remaining commissioners to exercise all the powers of the commission. 25
(9) The commission shall employ an executive director who shall be the chief 26
administrative officer of the commission. The executive director[He] shall maintain 27
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all minutes of th e commission proceedings and shall be custodian of the files and 1
records of the commission. The executive director shall employ the staff authorized 2
by the commission. The commission may, by interagency contract, utilize 3
assistance of any state agency. 4
(10) (a) There is hereby created in the state treasury a trust and agency account to 5
be known as the motor vehicle commission fund. The fund shall consist of 6
all license fees paid to the commission under this chapter, state 7
appropriations, gifts, grants, and federal funds. 8
(b) The fund shall be administered by the commission. 9
(c) Amounts deposited in the fund shall be used for carrying out the duties of 10
the commission under this chapter. 11
(d) Notwithstanding KRS 45.229, fund amounts not expended at the close of a 12
fiscal year shall not lapse but shall be carried forward into the next fiscal 13
year[The commission shall deposit all moneys received by it from license fees 14
paid under this law with the State Treasurer, who shall keep them in a 15
separate fund to be known as the "Motor Vehicle Commission Fund." The 16
commission may use this fund for salaries, wages, per diem, professional and 17
consulting fees, grants, loans, contracts, travel expenses, equipment, office 18
rent and expenses, and other necessary expenses incurred in carrying out its 19
duties under this section as provided by legislative appropriation. 20
Notwithstanding KRS 45.229, at the close of each biennium, the unexpended 21
balance remaining in the motor vehicle commission fund shall not lapse but 22
shall be carried forward to the next biennium]. 23
(11) The commission shall administer the provisions of this section, establish the 24
qualifications of manufacturers and dealers, and ensure that the distribution and sale 25
of new motor vehicles are conducted as provided in this c hapter and under the 26
commission's administrative regulations. 27
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(12) The commission may issue orders and make determinations necessary to carry out 1
the provisions of KRS 190.010 to 190.080. The orders shall set forth the findings on 2
which the order is based, and the reason for the particular action taken. All orders 3
shall be signed by the chairperson[chairman] or vice chairperson[chairman] and 4
attested by the executive director. 5
(13) The commission may hold hearings that shall be conducted in accordance with KRS 6
Chapter 13B. A member of the commission shall not participate in the deliberations 7
of the commission and shall not vote on any matter if the member has been 8
disqualified on any of the grounds under KRS 13B.040. 9
(14) The commission may cause legal proce edings to be instituted to enforce the 10
provisions of this section and its administrative regulations, orders, and decisions. If 11
it appears from any investigation of a possible violation of any other law or 12
administrative regulation that a violation of the provisions of KRS 190.010 to 13
190.080 may have occurred, the matter shall be referred to the commission to 14
determine whether proceedings under KRS 190.010 to 190.080 are appropriate. The 15
commission may make contracts and execute instruments necessary or con venient 16
to the exercise of its power or performance of its duties. 17
(15) The availability of administrative procedures under this section shall not preclude 18
the utilization of other remedies for violation of the provisions of this chapter which 19
are available to the affected parties, including actions for injunctive relief. 20
Section 2. KRS 189.222 is amended to read as follows: 21
(1) Except as provided in subsection (2) of this section, the secretary of the 22
Transportation Cabi net in respect to highways which are a part of the state -23
maintained system, by official order, may increase on designated highways or 24
portions thereof, the maximum height, length, and gross weight prescribed in KRS 25
189.221, if in the opinion of the secreta ry, the increased height, length, and weight 26
designated by him or her are justified by the strength, safety, and durability of the 27
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designated highways, and the highways do not appear susceptible to unreasonable 1
and unusual damage by reason of the increases and the secretary may establish 2
reasonable classification of state maintained roads and fix a different maximum for 3
each classification. Any increase in the height, length, or width of any motor truck 4
or tractor semitrailer combinations or any other vehic le combinations including any 5
part of the body or load or designation of highways to be used by the vehicles, shall 6
not, in any way, exceed the federal law or regulations thereunder or jeopardize the 7
allotment or qualification for federal aid funds of the Commonwealth of Kentucky 8
or exceed the following dimensions and weights: 9
(a) 1. Height, for vehicles transporting motor vehicles, fourteen (14) feet; and 10
2. Height, for all other vehicles, thirteen and one-half (13-1/2) feet; 11
(b) Length, semitrailers, fifty -three (53) feet; trailers, twenty -eight (28) feet; 12
motor trucks, forty -five (45) feet, not to exceed two (2) trailers per truck 13
tractor; 14
(c) Weight, twenty thousand (20,000) pounds per single axle, with axles less than 15
forty-two (42) inches apart to be considered as a single axle; thirty -four 16
thousand (34,000) pounds on two (2) axles in tandem arrangement which are 17
spaced forty -two (42) inches or more apart and less than ninety -six (96) 18
inches apart; forty -eight thousand (48,000) pounds on three (3) axles which 19
are spaced forty -two (42) inches or more apart and less than one hundred 20
twenty (120) inches apart. No single axle in any arrangement shall exceed 21
twenty thousand (20,000) pounds or seven hundred (700) pounds per inch of 22
the aggregate width of all the tires on a single axle, whichever is less. The 23
total gross weight of the vehicle and load shall not exceed eighty thousand 24
(80,000) pounds; 25
(d) Except on the interstate highway system, a tolerance of not more than five 26
percent (5%) per axle load shall be permitted before a carrier is deemed to 27
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have violated paragraph (c) of this subsection. The gross weight shall not 1
exceed eighty thousand (80,000) pounds; 2
(e) Except as provided for in p aragraph (f) of this subsection, truck tractor, 3
semitrailer and trailer combinations, and other vehicle combinations may be 4
operated only on the interstate system and on those parts of the federal aid 5
highway system and the state -maintained system which ha ve been designated 6
by the secretary of the Transportation Cabinet by official order as safely 7
allowing same; and 8
(f) A vehicle or combination of vehicles that is one hundred two (102) inches 9
wide or less and has a gross weight of not more than eighty thous and (80,000) 10
pounds may be driven on any state highway, for a distance of up to fifteen 11
(15) miles from an interstate or parkway exit. 12
(2) In addition to the provisions of KRS 189.2226, vehicles with a gross weight of up 13
to eighty thousand (80,000) pounds may travel on any state highway in the 14
Commonwealth without obtaining a special permit, if the weight does not exceed 15
any limits mandated by federal law or regulation, any posted bridge weight limit, or 16
the weight limits for the size and type of vehicle es tablished under subsection (1)(c) 17
of this section, and if the vehicle is transporting any of the following: 18
(a) Meats or agricultural crop products originating from a farm to first market; 19
(b) Livestock or poultry from their point of origin to first market . As used in this 20
paragraph and in paragraph (d) of this subsection, "livestock" means cattle, 21
sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of 22
the bovine, ovine, porcine, caprine, equine, or camelid species; 23
(c) Primary forest products, including, but not limited to, sawdust, wood chips, 24
bark, slabs, or logs originating from their points of origin to first market; or 25
(d) Supplies, materials, or equipment necessary to carry out a farming operation 26
engaged in the production of agricultural crop products, meats, livestock, or 27
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poultry. 1
(3) The following vehicles registered under KRS 186.050 may exceed the gross weight 2
provisions set forth in subsection (1)(c) of this section by a weight tolerance of ten 3
percent (10%), except on the interstate highway system: 4
(a) Vehicles that are engaged exclusively in the transportation of items listed in 5
subsection (2)(a), (b), and (c) of this section; and 6
(b) Vehicles that are engaged exclusively in the transportation of feed for 7
livestock or poultry. 8
(4) (a) Notwithstanding KRS 189.269, vehicles with a gross weight of up to ninety 9
thousand (90,000) pounds transporting fluid milk originating from a farm 10
to first market may travel on any state highway in the Commonwealth 11
without obtaining a special permit, except that: 12
1. The weight of the vehicle and load under this subsection shall not 13
exceed any limits mandated by federal law or regulation, or any posted 14
bridge weight limit; and 15
2. A vehicle being operated on the interstate highway system shall not 16
exceed eighty thousand (80,000) pounds. 17
(b) A vehicle may exceed the weight provisions established by this subsection by 18
a weight tolerance of ten percent (10%), except on the interstate highway 19
system. 20
(5) Vehicles exclusively engaged in the transpor tation of motor vehicles, 21
unmanufactured tobacco, or unmanufactured tobacco products may, on those 22
highways which are a part of the state -maintained system and which have been 23
designated by the secretary of the Transportation Cabinet by official order as s afely 24
allowing same, attain the maximum lengths as provided by subsection (1)(b) of this 25
section, excluding the usual and ordinary bumper overhang of the transported 26
vehicles. 27
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(6)[(5)] Vehicles engaged exclusively in the transportation of farm or primary f orestry 1
products and registered under KRS 186.050(4) or 186.050(9) and vehicles engaged 2
exclusively in the transportation of ready -mixed concrete shall be excluded from 3
the axle weight provisions, except on interstate highways, and subject only to total 4
gross weight provisions. 5
(7)[(6)] Vehicles registered pursuant to KRS 186.050(3)(b) and engaged in the 6
transportation of primary forest products, including, but not limited to, vehicles 7
transporting sawdust, wood chips, bark, slabs, or logs, may exceed the a xle, or 8
gross weight provisions as set forth in accordance with subsection (1)(c) of this 9
section by a weight tolerance of ten percent (10%), except on the interstate highway 10
system. 11
(8)[(7)] Vehicles designed for and engaged exclusively in the collection and hauling 12
of refuse and registered under KRS 186.050(3)(b) shall be excluded from the axle 13
weight provisions, except when in operation on the federal interstate system, and 14
subject only to total gross weight provisions. 15
(9)[(8)] The secretary of the Tran sportation Cabinet may by order increase the weight 16
and height limits prescribed by this chapter for motor vehicles while being operated 17
exclusively on roads or highways being constructed, reconstructed, or repaired 18
under contract with the Transportation C abinet by the contractor or subcontractor, 19
agent, or employee thereof. 20
(10)[(9)] Except as otherwise provided in this chapter, the secretary of the 21
Transportation Cabinet shall not authorize the operation of any vehicle or 22
combination of vehicles, upon any part of the federal aid highway system or state 23
parkway system, which exceeds the following dimensions and weights: 24
(a) Width, one hundred two (102) inches, including any part of the body or load; 25
or 26
(b) Weight, twenty thousand (20,000) pounds per single axle, with axles less than 27
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forty-two (42) inches apart to be considered as a single axle; thirty -four 1
thousand (34,000) pounds on two (2) axles in tandem arrangement which are 2
spaced forty -two (42) inches or more apart and less than ninety -six (96) 3
inches apart; forty -eight thousand (48,000) pounds on three (3) axles which 4
are spaced forty -two (42) inches or more apart and less than one hundred 5
twenty (120) inches apart. The total gross weight of the vehicl e and load shall 6
not exceed eighty thousand (80,000) pounds. If any federal law or laws or 7
regulations thereunder are hereafter enacted authorizing weights and 8
dimensions in excess of those set out in paragraphs (a) and (b) of this 9
subsection, the secretar y of the Transportation Cabinet may by official order 10
increase the maximum weights and dimensions but the increased weights and 11
dimensions shall not exceed those set out in this section. 12
(11)[(10)] Except on the interstate highway system, vehicles engaged exclusively in the 13
transportation of crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate 14
muck, asphalt, concrete, solid waste, tankage or animal residues, livestock, feed for 15
livestock or poultry, and agricultural products shall be permitte d a tolerance of ten 16
percent (10%) of the axle weight provisions before a carrier is deemed to have 17
violated subsection (1)(c) of this section. 18
(12)[(11)] For any vehicle which is equipped with an auxiliary power unit, the weight 19
limits set forth in this section shall be increased by four hundred (400) pounds. 20
(13)[(12)] The Transportation Cabinet may promulgate administrative regulations in 21
accordance with[pursuant to] KRS Chapter 13A, relating to the implementation of 22
23 C.F.R. pt. 658 as it relates to st ate-maintained or locally maintained roads. The 23
enforcement of the provisions of KRS 189.221 and this section on locally 24
maintained roads shall not be the responsibility of the law enforcement officers of 25
the Transportation Cabinet, unless the head of the corresponding local government 26
unit has requested, in writing, enforcement assistance from the Transportation 27
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Cabinet. 1
Section 3. KRS 189.010 is amended to read as follows: 2
As used in this chapter: 3
(1) "Department" means the Department of Highways; 4
(2) "Crosswalk" means: 5
(a) That part of a roadway at an intersection within the connections of the lateral 6
lines of the sidewalks on opposite sides of the highway measured from the 7
curbs or in the absence of curbs, from the edges of the traversable roadway; or 8
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated 9
for pedestrian crossing by lines or other markings on the surface; 10
(3) "Highway" means any pu blic road, street, avenue, alley or boulevard, bridge, 11
viaduct, or trestle and the approaches to them and includes private residential roads 12
and parking lots covered by an agreement under KRS 61.362, off -street parking 13
facilities offered for public use, wh ether publicly or privately owned, except for -14
hire parking facilities listed in KRS 189.700; 15
(4) "Intersection" means: 16
(a) The area embraced within the prolongation or connection of the lateral curb 17
lines, or, if none, then the lateral boundary lines of th e roadways of two (2) 18
highways which join one another, but do not necessarily continue, at 19
approximately right angles, or the area within which vehicles traveling upon 20
different highways joining at any other angle may come into conflict; or 21
(b) Where a hig hway includes two (2) roadways thirty (30) feet or more apart, 22
then every crossing of each roadway of such divided highway by an 23
intersecting highway shall be regarded as a separate intersection. If the 24
intersecting highway also includes two (2) roadways t hirty (30) feet or more 25
apart, every crossing of two (2) roadways of the highways shall be regarded as 26
a separate intersection. The junction of a private alley with a public street or 27
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highway shall not constitute an intersection; 1
(5) "Manufactured home" has the same meaning as defined in KRS 186.650; 2
(6) "Motor truck" means any motor -propelled vehicle designed for carrying freight or 3
merchandise. It shall not include self -propelled vehicles designed primarily for 4
passenger transportation but equipped with f rames, racks, or bodies having a load 5
capacity of not exceeding one thousand (1,000) pounds; 6
(7) "Operator" means the person in actual physical control of a vehicle; 7
(8) "Pedestrian" means any person afoot or in a wheelchair; 8
(9) "Right-of-way" means the r ight of one (1) vehicle or pedestrian to proceed in a 9
lawful manner in preference to another vehicle or pedestrian approaching under 10
such circumstances of direction, speed, and proximity as to give rise to danger of 11
collision unless one grants precedence to the other; 12
(10) "Roadway" means that portion of a highway improved, designed, or ordinarily used 13
for vehicular travel, exclusive of the berm or shoulder. If a highway includes two 14
(2) or more separate roadways, the term "roadway" as used herein shall ref er to any 15
roadway separately but not to all such roadways collectively; 16
(11) "Safety zone" means the area or space officially set apart within a roadway for the 17
exclusive use of pedestrians and which is protected or is so marked or indicated by 18
adequate signs as to be plainly visible at all times while set apart as a safety zone; 19
(12) "Semitrailer" means a vehicle designed to be attached to, and having its front end 20
supported by, a motor truck or truck tractor, intended for the carrying of freight or 21
merchandise and having a load capacity of over one thousand (1,000) pounds; 22
(13) "Truck tractor" means any motor-propelled vehicle designed to draw and to support 23
the front end of a semitrailer. The semitrailer and the truck tractor shall be 24
considered to be one (1) unit; 25
(14) "Sharp curve" means a curve of not less than thirty (30) degrees; 26
(15) "State Police" includes any agency for the enforcement of the highway laws 27
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established pursuant to law; 1
(16) "Steep grade" means a grade exceeding seven percent (7%); 2
(17) "Trailer" means any vehicle designed to be drawn by a motor truck or truck -tractor, 3
but supported wholly upon its own wheels, intended for the carriage of freight or 4
merchandise and having a load capacity of over one thousand (1,000) pounds; 5
(18) "Unobstructed highway" means a straight, level, first -class road upon which no 6
other vehicle is passing or attempting to pass and upon which no other vehicle or 7
pedestrian is approaching in the opposite direction, closer than three hundred (300) 8
yards; 9
(19) (a) "Vehicle" includes: 10
1. All agencies for the transportation of persons or property over or upon 11
the public highways of the Commonwealth; and 12
2. All vehicles passing over or upon the highways. 13
(b) "Motor vehicle" includes all vehicles, as defined in pa ragraph (a) of this 14
subsection, except: 15
1. Road rollers; 16
2. Road graders; 17
3. Farm tractors; 18
4. Vehicles on which power shovels are mounted; 19
5. Construction equipment customarily used only on the site of 20
construction and which is not practical for the trans portation of persons 21
or property upon the highways; 22
6. Vehicles that travel exclusively upon rails; 23
7. Vehicles propelled by electric power obtained from overhead wires 24
while being operated within any municipality or where the vehicles do 25
not travel more t han five (5) miles beyond the city limits of any 26
municipality; 27
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8. Vehicles propelled by muscular power; and 1
9. Electric low-speed scooters; 2
(20) "Reflectance" means the ratio of the amount of total light, expressed in a 3
percentage, which is reflected outwa rd by the product or material to the amount of 4
total light falling on the product or material; 5
(21) "Sunscreening material" means a product or material, including film, glazing, and 6
perforated sunscreening, which, when applied to the windshield or windows of a 7
motor vehicle, reduces the effects of the sun with respect to light reflectance or 8
transmittance; 9
(22) "Transmittance" means the ratio of the amount of total light, expressed in a 10
percentage, which is allowed to pass through the product or material, i ncluding 11
glazing, to the amount of total light falling on the product or material and the 12
glazing; 13
(23) "Window" means any device designed for exterior viewing from a motor vehicle, 14
except the windshield, any roof -mounted viewing device, and any viewing de vice 15
having less than one hundred fifty (150) square inches in area; 16
(24) "All-terrain vehicle" means any motor vehicle used for recreational off-road use; 17
(25) "Nondivisible load," as pertains to: 18
(a) State highways that are not part of the national truc k network established 19
pursuant to 23 C.F.R. pt. 658, means a load or vehicle, that if separated into 20
smaller loads or vehicles: 21
1.[(a)] Compromises the intended use of the vehicle, making it unable to 22
perform the function for which it was intended; 23
2.[(b)] Destroys the value of the load or vehicle, making it unusable for 24
its intended purpose; or 25
3.[(c)] Requires more than four (4) work hours to dismantle and 26
reassemble using appropriate equipment; or 27
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(b) Any highway that is part of the national truck networ k established pursuant 1
to 23 C.F.R. pt. 658, includes fluid milk products in accordance with 23 2
U.S.C. sec. 127(a)(13); 3
(26) "Electric low-speed scooter" means a device that: 4
(a) Weighs less than one hundred (100) pounds; 5
(b) Is equipped with wheels; 6
(c) Is equipped with handlebars; 7
(d) Is equipped with a brake adequate enough to stop and park the device; 8
(e) Is designed to be stood or sat upon; 9
(f) Is propelled by an electric motor, human power, or both; and 10
(g) Is designed to operate at a maximum speed of twenty (20) miles per hour, on a 11
paved level surface, with or without human propulsion; and 12
(27) "Highway work zone" means that portion of a highway and the affected area 13
adjacent to a lane, berm, or shoulder, including a sidewalk, upon which 14
construction, reconstruction, resurfacing, maintenance, inspection, or other work of 15
that nature is being conducted by a government agency, private contractor, or utility 16
company. 17
Section 4. KRS 189.270 is amended to read as follows: 18
(1) (a) The department may issue permits for the operation of motor vehicles, 19
manufactured homes, recreational vehicles, boats, or any other vehicle 20
transporting a nondivisible load, whose gross weight including load, height, 21
width, or length exceeds the limits prescribed by this chapter or which in other 22
respects fail to comply with the requirements of this chapter. Permits may be 23
issued by the department for stated periods, spe cial purposes, and unusual 24
conditions, and upon terms in the interest of public safety and the preservation 25
of the highways as the department may require. 26
(b) Subject to the limitations in subsection (4) of this section, the department shall 27
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promulgate administrative regulations in accordance with KRS Chapter 13A 1
to set fees for permits established under this section. 2
(2) Except as provided in subsection (8) of this section, the department may, at the 3
request of an applicant, issue a single-trip permit regardless of the type of vehicle or 4
equipment being transported that exceeds the weight or dimension limits 5
established by this chapter if the load being transported is a nondivisible load. 6
(3) (a) Except as provided in subsection (8) of this section, the dep artment may, at 7
the request of an applicant, issue an annual permit regardless of the type of 8
vehicle or equipment being transported that exceeds the weight or dimension 9
limits established by this chapter if the load being transported is a nondivisible 10
load. 11
(b) Except as provided in paragraph (c) of this subsection, a [The] vehicle 12
operating under a permit issued under this subsection shall not exceed sixteen 13
(16) feet in width exclusive of usual and ordinary overhang, one hundred 14
twenty (120) feet in length including a towing vehicle and trailer combination, 15
thirteen (13) feet six (6) inches in height, or one hundred sixty thousand 16
(160,000) pounds. 17
(c) Notwithstanding KRS 189.269, a vehicle transporting fluid milk products 18
under a permit issued under this subsection shall not exceed one hundred 19
thousand (100,000) pounds. 20
(4) The department shall establish the following annual permits to transport farm 21
equipment, with the listed fee limits: 22
(a) For equipment less than or equal to fourteen (14) feet in width, eighty dollars 23
($80); and 24
(b) For equipment that exceeds fourteen (14) feet in width, when transported from 25
a dealership to a farm, from a farm to a dealership, or from a dealership to a 26
dealership, one hundred fifty dollars ($150). 27
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(5) Permits issued un der this section shall be for nondivisible loads and shall be valid 1
statewide; however, the department may, as a condition of issuing an annual or 2
single-trip permit, limit the overweight or overdimensional vehicle to specified 3
routes, exclude certain high ways, or even cancel an applicant's permit if an 4
unreasonable risk of accident or an unreasonable impedance of the flow of traffic 5
would result from the presence of the overweight or overdimensional vehicle. A 6
person who applies for, and accepts, a permit issued under this section is 7
acknowledging that the Kentucky Transportation Cabinet is not guaranteeing safe 8
passage of vehicles by issuing the permit. A person who applies for, and accepts, a 9
permit issued under this section agrees to measure all clearanc es of highway 10
structures, both laterally and vertically, prior to passage of the person's vehicles 11
along the routes specified in the permit. A person who applies for, and accepts, a 12
permit issued under this section is classified as a bare licensee whose du ty is to 13
assume sole risk involved in using Kentucky's highways without warranty of 14
accuracy. 15
(6) Subject to the limitations of subsection (12) of this section, the department shall 16
promulgate administrative regulations under KRS Chapter 13A to establish 17
requirements for escort vehicles, safety markings, and other safety restrictions 18
governing the operation of an overweight or overdimensional vehicle. The 19
department shall provide each applicant for an annual or single -trip permit issued 20
under this section a copy of all restrictions associated with the overweight or 21
overdimensional permit at no charge to the applicant. The department shall be 22
prohibited from raising the permit fee established in subsections (2) and (3) of this 23
section by levying additional fe es for an overweight or overdimensional permit 24
through the administrative regulation process. 25
(7) (a) Notwithstanding KRS 189.269, the department may, at the request of an 26
applicant who is a transporter of manufactured housing, issue an annual 27
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permit that exceeds the weight or dimension limits established by this chapter 1
if the load being transported is a nondivisible load. 2
(b) The vehicle operated shall not exceed sixteen (16) feet in width exclusive of 3
usual and ordinary overhang, one hundred twenty (120) feet in length 4
including a towing vehicle and trailer combination, fifteen (15) feet in height, 5
or one hundred sixty thousand (160,000) pounds. 6
(c) The holder of a permit issued under this subsection shall, when transporting a 7
manufactured home: 8
1. Abide by all escort requirements, safety markings, and other safety 9
restrictions governing overweight and overdimensional vehicles; and 10
2. Equip each truck operating under a permit with global positioning 11
system technology that keeps a record of locations travel ed. The travel 12
records of trucks operating under a permit shall be open to inspection by 13
the Transportation Cabinet. 14
(d) Any person with a permit under this subsection who operates a vehicle greater 15
than thirteen (13) feet six (6) inches in height while operating in a restricted 16
area designated by the Transportation Cabinet shall be fined one thousand 17
dollars ($1,000). 18
(8) The cabinet shall not issue an annual permit under this section if t he person 19
applying for the permit is eligible for an annual permit issued under KRS 189.2716 20
or 189.2717. 21
(9) The department may require the applicant to give bond, with approved surety, to 22
indemnify the state or counties against damage to highways or brid ges resulting 23
from use by the applicant. The operation of vehicles in accordance with the terms of 24
the permit issued under this section shall not constitute a violation of this chapter if 25
the operator has the permit, or an authenticated copy of it, in his or her possession. 26
(10) Any person transporting a parade float which exceeds the dimensional limits on a 27
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highway over which it is transported shall be required to obtain a permit as required 1
in subsection (2) of this section. If the float is being used in conjunction with a 2
parade to be held within the boundaries of the Commonwealth, a fee shall not be 3
assessed by the department to issue the permit. 4
(11) A person shall not operate any vehicle in violation of the terms of the permit issued 5
under this section. 6
(12) (a) The cabinet shall not promulgate administrative regulations pursuant to this 7
section that restrict the time or days of the week when a permit holder may 8
operate on the highway, except that travel may be limited from 6 a.m. to 9 9
a.m. and 3 p.m. t o 6 p.m. Monday through Friday. In addition to the 10
restrictions established in this paragraph, any manufactured home being 11
transported by permit issued under this section shall not travel on any 12
highway after daylight hours Monday through Saturday, or at a ny time on 13
Sunday. 14
(b) The cabinet shall allow a permit holder who has obtained a permit to transport 15
equipment to a work site to return to the permit holder's place of business 16
immediately after work is completed at the job site, subject to the limitation s 17
of paragraph (a) of this subsection. 18
(c) The cabinet shall not promulgate administrative regulations pursuant to this 19
section setting forth escort vehicle requirements for overdimensional farm 20
implements or vehicles towing overdimensional farm implements that are 21
more stringent than the following: 22
1. For a single vehicle and load in excess of twelve (12) feet in width being 23
operated on a two (2) lane highway, no more than one (1) lead vehicle 24
shall be required; 25
2. For a single vehicle and load in excess of twelve (12) feet in width being 26
operated on a four (4) lane highway, no more than one (1) trail vehicle 27
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shall be required; 1
3. For a single vehicle and load in excess of eighty -five (85) feet in length 2
being operated on a two (2) lane highway, no more tha n one (1) lead 3
vehicle shall be required; 4
4. For more than one (1) vehicle and load in excess of twelve (12) feet in 5
width or eighty-five (85) feet in length being operated as a convoy on a 6
two (2) lane highway, no more than one (1) lead vehicle shall be 7
required; 8
5. A lead escort vehicle on a two (2) lane highway under this paragraph 9
may also serve as a tow vehicle; 10
6. Any distance for lead or trail escort vehicles shall contain provisions 11
allowing for a variance from that distance due to safety or road 12
conditions; and 13
7. A vehicle or its escort shall be required to bear a sign declaring that the 14
vehicle is oversized or be required to use lights, flashers, or flags, but a 15
vehicle or its escort shall not be required to do both. 16
Section 5. KRS 189.2717 is amended to read as follows: 17
(1) (a) Subject to the provisions of KRS 189.222, the department may promulgate 18
administrative regulations pursuant to KRS Chapter 13A governing the 19
issuance of annual permits for the operation o f motor vehicles transporting 20
nondivisible loads in this Commonwealth whose gross weight exceeds the 21
limits prescribed by this chapter. 22
(b) Except as provided in paragraph (c) of this subsection, the gross weight of a 23
motor vehicle operating pursuant to th is section shall not exceed one hundred 24
twenty thousand (120,000) pounds. 25
(c) Notwithstanding KRS 189.269, the gross weight of a motor vehicle 26
transporting fluid milk products under a permit issued under this section 27
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shall not exceed one hundred thousand (100,000) pounds. 1
(d) The movement of the overweight motor vehicle shall be limited to a specific 2
route set forth on the annual permit. 3
(2) Except as provided is subsection (3) of this section, the following axle weights 4
shall not be exceeded in the loading of a nondivisible load: 5
(a) Single axle with axles less than forty -two (42) inches apart and being the 6
steering axle with one (1) wheel on each side of the axle to be considered a 7
single axle shall not be more than fifteen thousand (15,000) pounds; 8
(b) Two (2) axles in tandem arrangement which are spaced forty -two (42) inches 9
or more apart and less than ninety-six (96) inches apart shall not be more than 10
forty thousand (40,000) pounds; 11
(c) Three (3) axles in tridem arrangement which are spaced forty -two (4 2) or 12
more inches apart and less than one hundred twenty (120) inches apart shall 13
not be more than sixty-five thousand (65,000) pounds; and 14
(d) Dual wheel axle with one (1) axle with two (2) wheels on each side of the axle 15
to be considered a dual wheel axl e shall not be more than twenty thousand 16
(20,000) pounds each. 17
(3) Notwithstanding KRS 189.269, the axle weight limits in subsection (2) of this 18
section shall not apply to a vehicle transporting fluid milk products under a 19
permit issued under this section. 20
(4) Each motor vehicle operating pursuant to this section shall co mply with the safety 21
provisions set forth in the administrative regulations promulgated by the department 22
pursuant to this section. 23
(5)[(4)] The department shall promulgate administrative regulations in accordance 24
with KRS Chapter 13A to set fees for permits established under this section. 25
(6)[(5)] The department may refuse to issue a permit for a requested route because of 26
the inadequacies of the roadway or a structure on that route. 27
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Section 6. KRS 189.221 is amended to read as follows: 1
A person shall not operate on any highway, except those highways designated by the 2
secretary of transportation under the provisions of KRS 189.222, or those locally 3
maintained highways under the provisions of KRS 189.222 (13)[(12)] or 189.230(4), any 4
of the following trucks, trailers, manufactured homes, or vehicles: 5
(1) Any motor truck, semitrailer, trailer, manufactured home, or vehicle which exceeds 6
eleven and one -half (11 -1/2) feet in height or ninety -six (96) inches in width, 7
including any part of the body or load; 8
(2) Any motor truck, except a semitrailer truck, which exceeds twenty -six and one half 9
(26-1/2) feet in length, including any part of the body or load; 10
(3) Any semitrailer truck which exceeds thirty (30) feet in length, includ ing any part of 11
the body or load; 12
(4) Any truck, semitrailer truck, or truck and trailer unit which exceeds 36,000 pounds 13
gross weight, including the load; 14
(5) Any truck, semitrailer truck, or tractor -trailer unit which exceeds a gross weight 15
equal to the sum of six hundred (600) pounds per inch of the combined width of the 16
tires upon which the vehicle may be propelled, but no more than thirty -six thousand 17
(36,000) pounds; and 18
(6) Notwithstanding the provisions of this section, any truck hauling building ma terials 19
under KRS 189.2226, or to a road construction project on a highway rated less than 20
the maximum weight provided above, may haul up to eighty thousand (80,000) 21
pounds gross weight, including the load, without a permit. 22