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Kentucky General Assembly· SB 30signed by Governor (Acts Ch. 133)

An act relating to motor vehicles., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                                    26 RS SB 30/EN

1   AN ACT relating to motor vehicles.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 190.058 is amended to read as follows:

4 (1) The Motor Vehicle Commission is hereby created as an agency of the

5   Commonwealth to carry out the functions and duties conferred upon it by this

6   section.

7 (2) The commission shall consist of twelve (12) members, eleven (11) of whom shall

8   be appointed by the Governor, and the twelfth shall be the commissioner of the

9   Department of Vehicle Regulation. The appointed members shall be:

10  (a) One (1) representative of an automobile manufacturer;

11  (b) One (1) representative of automobile wholesalers;

12  (c) One (1) representative of consumers who shall have no direct financial

13  interest in the industry;

14  (d) Four (4) new motor vehicle dealers, but no more than two (2) shall represent

15  the same automobile manufacturer as a franchise dealer; and

16  (e) Four (4) used motor vehicle dealers.

17 (3) In addition to the requirements of membership on the commission in subsection (2)

18  of this section, the following requirements shall apply to the composition of the

19  commission:

20  (a) No more than seven (7) members shall be from the same political party; and

21  (b) From the eight (8) members specified in subsection (2)(d) and (e) of this

22  section, seven (7) shall be from separate Supreme Court districts.

23 (4) Each member shall serve for a term of three (3) years. The staggered terms of

24  membership dating from the gubernatorial appointments of July 15, 1982, shall

25  remain in effect.

26 (5) (a) Members of the commission shall qualify by taking the constitutional oath of

27  office which shall, with the certificate of appointment, be evidence of the

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1   authority of the member to act.

2   (b) Each member of the commission shall be entitled to two hundred dollars

3   ($200) per day for each day actually engaged in the duties of the office,

4   including time spent in necessary travel to and from meetings and otherwise,

5   together with all travel and other necessary expenses incurred while

6   performing official duties.

7 (6) The commission shall hold a regular annual meeting in September of each year and

8   elect a chairperson[chairman] and vice chairperson[chairman] to serve for the

9   ensuing year. The commission shall have regular meetings as the majority of the

10  members specifies and special meetings at the request of any five (5) members.

11  Reasonable notice of all meetings shall be given as commission administrative

12  regulations prescribe.

13 (7) A member of the commission shall not participate in the deliberations of the

14  commission and shall not vote on any matter before the commission in which the

15  member has a financial interest or is an interested party. A member shall voluntarily

16  disqualify himself or herself from deliberating or voting upon matters that affect the

17  member but shall not be required to disqualify from matters of general interest

18  affecting the member, the member's employer, or a business unit in which the

19  member has a financial interest as a member of a class of persons to be affected by

20  an administrative regulation or order of the commission.

21 (8) A majority of the commissioners, excluding any disqualified commissioner, shall

22  constitute a quorum for the transaction of any business, for the performance of any

23  duty, or for the exercise of any power of the commission. A vacancy in the

24  commission, whether due to disqualification or otherwise, shall not impair the right

25  of the remaining commissioners to exercise all the powers of the commission.

26 (9) The commission shall employ an executive director who shall be the chief

27  administrative officer of the commission. The executive director[He] shall maintain

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1   all minutes of the commission proceedings and shall be custodian of the files and

2   records of the commission. The executive director shall employ the staff authorized

3   by the commission. The commission may, by interagency contract, utilize

4   assistance of any state agency.

5 (10) (a) There is hereby created in the state treasury a trust and agency account to

6   be known as the motor vehicle commission fund. The fund shall consist of

7   all license fees paid to the commission under this chapter, state

8   appropriations, gifts, grants, and federal funds.

9   (b) The fund shall be administered by the commission.

10  (c) Amounts deposited in the fund shall be used for carrying out the duties of

11  the commission under this chapter.

12  (d) Notwithstanding KRS 45.229, fund amounts not expended at the close of a

13  fiscal year shall not lapse but shall be carried forward into the next fiscal

14  year[The commission shall deposit all moneys received by it from license fees

15  paid under this law with the State Treasurer, who shall keep them in a

16  separate fund to be known as the "Motor Vehicle Commission Fund." The

17  commission may use this fund for salaries, wages, per diem, professional and

18  consulting fees, grants, loans, contracts, travel expenses, equipment, office

19  rent and expenses, and other necessary expenses incurred in carrying out its

20  duties under this section as provided by legislative appropriation.

21  Notwithstanding KRS 45.229, at the close of each biennium, the unexpended

22  balance remaining in the motor vehicle commission fund shall not lapse but

23  shall be carried forward to the next biennium].

24 (11) The commission shall administer the provisions of this section, establish the

25  qualifications of manufacturers and dealers, and ensure that the distribution and sale

26  of new motor vehicles are conducted as provided in this chapter and under the

27  commission's administrative regulations.

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1 (12) The commission may issue orders and make determinations necessary to carry out

2   the provisions of KRS 190.010 to 190.080. The orders shall set forth the findings on

3   which the order is based, and the reason for the particular action taken. All orders

4   shall be signed by the chairperson[chairman] or vice chairperson[chairman] and

5   attested by the executive director.

6 (13) The commission may hold hearings that shall be conducted in accordance with KRS

7   Chapter 13B. A member of the commission shall not participate in the deliberations

8   of the commission and shall not vote on any matter if the member has been

9   disqualified on any of the grounds under KRS 13B.040.

10 (14) The commission may cause legal proceedings to be instituted to enforce the

11  provisions of this section and its administrative regulations, orders, and decisions. If

12  it appears from any investigation of a possible violation of any other law or

13  administrative regulation that a violation of the provisions of KRS 190.010 to

14  190.080 may have occurred, the matter shall be referred to the commission to

15  determine whether proceedings under KRS 190.010 to 190.080 are appropriate. The

16  commission may make contracts and execute instruments necessary or convenient

17  to the exercise of its power or performance of its duties.

18 (15) The availability of administrative procedures under this section shall not preclude

19  the utilization of other remedies for violation of the provisions of this chapter which

20  are available to the affected parties, including actions for injunctive relief.

21  Section 2. KRS 189.222 is amended to read as follows:

22 (1) Except as provided in subsection (2) of this section, the secretary of the

23  Transportation Cabinet in respect to highways which are a part of the state-

24  maintained system, by official order, may increase on designated highways or

25  portions thereof, the maximum height, length, and gross weight prescribed in KRS

26  189.221, if in the opinion of the secretary, the increased height, length, and weight

27  designated by him or her are justified by the strength, safety, and durability of the

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1   designated highways, and the highways do not appear susceptible to unreasonable

2   and unusual damage by reason of the increases and the secretary may establish

3   reasonable classification of state maintained roads and fix a different maximum for

4   each classification. Any increase in the height, length, or width of any motor truck

5   or tractor semitrailer combinations or any other vehicle combinations including any

6   part of the body or load or designation of highways to be used by the vehicles, shall

7   not, in any way, exceed the federal law or regulations thereunder or jeopardize the

8   allotment or qualification for federal aid funds of the Commonwealth of Kentucky

9   or exceed the following dimensions and weights:

10  (a) 1. Height, for vehicles transporting motor vehicles, fourteen (14) feet; and

11  2. Height, for all other vehicles, thirteen and one-half (13-1/2) feet;

12  (b) Length, semitrailers, fifty-three (53) feet; trailers, twenty-eight (28) feet;

13  motor trucks, forty-five (45) feet, not to exceed two (2) trailers per truck

14  tractor;

15  (c) Weight, twenty thousand (20,000) pounds per single axle, with axles less than

16  forty-two (42) inches apart to be considered as a single axle; thirty-four

17  thousand (34,000) pounds on two (2) axles in tandem arrangement which are

18  spaced forty-two (42) inches or more apart and less than ninety-six (96)

19  inches apart; forty-eight thousand (48,000) pounds on three (3) axles which

20  are spaced forty-two (42) inches or more apart and less than one hundred

21  twenty (120) inches apart. No single axle in any arrangement shall exceed

22  twenty thousand (20,000) pounds or seven hundred (700) pounds per inch of

23  the aggregate width of all the tires on a single axle, whichever is less. The

24  total gross weight of the vehicle and load shall not exceed eighty thousand

25  (80,000) pounds;

26  (d) Except on the interstate highway system, a tolerance of not more than five

27  percent (5%) per axle load shall be permitted before a carrier is deemed to

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1   have violated paragraph (c) of this subsection. The gross weight shall not

2   exceed eighty thousand (80,000) pounds;

3   (e) Except as provided for in paragraph (f) of this subsection, truck tractor,

4   semitrailer and trailer combinations, and other vehicle combinations may be

5   operated only on the interstate system and on those parts of the federal aid

6   highway system and the state-maintained system which have been designated

7   by the secretary of the Transportation Cabinet by official order as safely

8   allowing same; and

9   (f) A vehicle or combination of vehicles that is one hundred two (102) inches

10  wide or less and has a gross weight of not more than eighty thousand (80,000)

11  pounds may be driven on any state highway, for a distance of up to fifteen

12  (15) miles from an interstate or parkway exit.

13 (2) In addition to the provisions of KRS 189.2226, vehicles with a gross weight of up

14  to eighty thousand (80,000) pounds may travel on any state highway in the

15  Commonwealth without obtaining a special permit, if the weight does not exceed

16  any limits mandated by federal law or regulation, any posted bridge weight limit, or

17  the weight limits for the size and type of vehicle established under subsection (1)(c)

18  of this section, and if the vehicle is transporting any of the following:

19  (a) Meats or agricultural crop products originating from a farm to first market;

20  (b) Livestock or poultry from their point of origin to first market. As used in this

21  paragraph and in paragraph (d) of this subsection, "livestock" means cattle,

22  sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of

23  the bovine, ovine, porcine, caprine, equine, or camelid species;

24  (c) Primary forest products, including, but not limited to, sawdust, wood chips,

25  bark, slabs, or logs originating from their points of origin to first market; or

26  (d) Supplies, materials, or equipment necessary to carry out a farming operation

27  engaged in the production of agricultural crop products, meats, livestock, or

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1   poultry.

2 (3) The following vehicles registered under KRS 186.050 may exceed the gross weight

3   provisions set forth in subsection (1)(c) of this section by a weight tolerance of ten

4   percent (10%), except on the interstate highway system:

5   (a) Vehicles that are engaged exclusively in the transportation of items listed in

6   subsection (2)(a), (b), and (c) of this section; and

7   (b) Vehicles that are engaged exclusively in the transportation of feed for

8   livestock or poultry.

9 (4) (a) Notwithstanding KRS 189.269, vehicles with a gross weight of up to ninety

10  thousand (90,000) pounds transporting fluid milk originating from a farm

11  to first market may travel on any state highway in the Commonwealth

12  without obtaining a special permit, except that:

13  1. The weight of the vehicle and load under this subsection shall not

14             exceed any limits mandated by federal law or regulation, or any posted

15             bridge weight limit; and

16  2. A vehicle being operated on the interstate highway system shall not

17             exceed eighty thousand (80,000) pounds.

18  (b) A vehicle may exceed the weight provisions established by this subsection by

19  a weight tolerance of ten percent (10%), except on the interstate highway

20  system.

21 (5) Vehicles exclusively engaged in the transportation of motor vehicles,

22  unmanufactured tobacco, or unmanufactured tobacco products may, on those

23  highways which are a part of the state-maintained system and which have been

24  designated by the secretary of the Transportation Cabinet by official order as safely

25  allowing same, attain the maximum lengths as provided by subsection (1)(b) of this

26  section, excluding the usual and ordinary bumper overhang of the transported

27  vehicles.

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1 (6)[(5)] Vehicles engaged exclusively in the transportation of farm or primary forestry

2   products and registered under KRS 186.050(4) or 186.050(9) and vehicles engaged

3   exclusively in the transportation of ready-mixed concrete shall be excluded from

4   the axle weight provisions, except on interstate highways, and subject only to total

5   gross weight provisions.

6 (7)[(6)] Vehicles registered pursuant to KRS 186.050(3)(b) and engaged in the

7   transportation of primary forest products, including, but not limited to, vehicles

8   transporting sawdust, wood chips, bark, slabs, or logs, may exceed the axle, or

9   gross weight provisions as set forth in accordance with subsection (1)(c) of this

10  section by a weight tolerance of ten percent (10%), except on the interstate highway

11  system.

12 (8)[(7)] Vehicles designed for and engaged exclusively in the collection and hauling

13  of refuse and registered under KRS 186.050(3)(b) shall be excluded from the axle

14  weight provisions, except when in operation on the federal interstate system, and

15  subject only to total gross weight provisions.

16 (9)[(8)] The secretary of the Transportation Cabinet may by order increase the weight

17  and height limits prescribed by this chapter for motor vehicles while being operated

18  exclusively on roads or highways being constructed, reconstructed, or repaired

19  under contract with the Transportation Cabinet by the contractor or subcontractor,

20  agent, or employee thereof.

21 (10)[(9)] Except as otherwise provided in this chapter, the secretary of the

22  Transportation Cabinet shall not authorize the operation of any vehicle or

23  combination of vehicles, upon any part of the federal aid highway system or state

24  parkway system, which exceeds the following dimensions and weights:

25  (a) Width, one hundred two (102) inches, including any part of the body or load;

26  or

27  (b) Weight, twenty thousand (20,000) pounds per single axle, with axles less than

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1   forty-two (42) inches apart to be considered as a single axle; thirty-four

2   thousand (34,000) pounds on two (2) axles in tandem arrangement which are

3   spaced forty-two (42) inches or more apart and less than ninety-six (96)

4   inches apart; forty-eight thousand (48,000) pounds on three (3) axles which

5   are spaced forty-two (42) inches or more apart and less than one hundred

6   twenty (120) inches apart. The total gross weight of the vehicle and load shall

7   not exceed eighty thousand (80,000) pounds. If any federal law or laws or

8   regulations thereunder are hereafter enacted authorizing weights and

9   dimensions in excess of those set out in paragraphs (a) and (b) of this

10  subsection, the secretary of the Transportation Cabinet may by official order

11  increase the maximum weights and dimensions but the increased weights and

12  dimensions shall not exceed those set out in this section.

13 (11)[(10)] Except on the interstate highway system, vehicles engaged exclusively in the

14  transportation of crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate

15  muck, asphalt, concrete, solid waste, tankage or animal residues, livestock, feed for

16  livestock or poultry, and agricultural products shall be permitted a tolerance of ten

17  percent (10%) of the axle weight provisions before a carrier is deemed to have

18  violated subsection (1)(c) of this section.

19 (12)[(11)] For any vehicle which is equipped with an auxiliary power unit, the weight

20  limits set forth in this section shall be increased by four hundred (400) pounds.

21 (13)[(12)] The Transportation Cabinet may promulgate administrative regulations in

22  accordance with[pursuant to] KRS Chapter 13A, relating to the implementation of

23  23 C.F.R. pt. 658 as it relates to state-maintained or locally maintained roads. The

24  enforcement of the provisions of KRS 189.221 and this section on locally

25  maintained roads shall not be the responsibility of the law enforcement officers of

26  the Transportation Cabinet, unless the head of the corresponding local government

27  unit has requested, in writing, enforcement assistance from the Transportation

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1   Cabinet.

2   Section 3. KRS 189.010 is amended to read as follows:

3 As used in this chapter:

4 (1) "Department" means the Department of Highways;

5 (2) "Crosswalk" means:

6   (a) That part of a roadway at an intersection within the connections of the lateral

7   lines of the sidewalks on opposite sides of the highway measured from the

8   curbs or in the absence of curbs, from the edges of the traversable roadway; or

9   (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated

10  for pedestrian crossing by lines or other markings on the surface;

11 (3) "Highway" means any public road, street, avenue, alley or boulevard, bridge,

12  viaduct, or trestle and the approaches to them and includes private residential roads

13  and parking lots covered by an agreement under KRS 61.362, off-street parking

14  facilities offered for public use, whether publicly or privately owned, except for-

15  hire parking facilities listed in KRS 189.700;

16 (4) "Intersection" means:

17  (a) The area embraced within the prolongation or connection of the lateral curb

18  lines, or, if none, then the lateral boundary lines of the roadways of two (2)

19  highways which join one another, but do not necessarily continue, at

20  approximately right angles, or the area within which vehicles traveling upon

21  different highways joining at any other angle may come into conflict; or

22  (b) Where a highway includes two (2) roadways thirty (30) feet or more apart,

23  then every crossing of each roadway of such divided highway by an

24  intersecting highway shall be regarded as a separate intersection. If the

25  intersecting highway also includes two (2) roadways thirty (30) feet or more

26  apart, every crossing of two (2) roadways of the highways shall be regarded as

27  a separate intersection. The junction of a private alley with a public street or

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1   highway shall not constitute an intersection;

2 (5) "Manufactured home" has the same meaning as defined in KRS 186.650;

3 (6) "Motor truck" means any motor-propelled vehicle designed for carrying freight or

4   merchandise. It shall not include self-propelled vehicles designed primarily for

5   passenger transportation but equipped with frames, racks, or bodies having a load

6   capacity of not exceeding one thousand (1,000) pounds;

7 (7) "Operator" means the person in actual physical control of a vehicle;

8 (8) "Pedestrian" means any person afoot or in a wheelchair;

9 (9) "Right-of-way" means the right of one (1) vehicle or pedestrian to proceed in a

10  lawful manner in preference to another vehicle or pedestrian approaching under

11  such circumstances of direction, speed, and proximity as to give rise to danger of

12  collision unless one grants precedence to the other;

13 (10) "Roadway" means that portion of a highway improved, designed, or ordinarily used

14  for vehicular travel, exclusive of the berm or shoulder. If a highway includes two

15  (2) or more separate roadways, the term "roadway" as used herein shall refer to any

16  roadway separately but not to all such roadways collectively;

17 (11) "Safety zone" means the area or space officially set apart within a roadway for the

18  exclusive use of pedestrians and which is protected or is so marked or indicated by

19  adequate signs as to be plainly visible at all times while set apart as a safety zone;

20 (12) "Semitrailer" means a vehicle designed to be attached to, and having its front end

21  supported by, a motor truck or truck tractor, intended for the carrying of freight or

22  merchandise and having a load capacity of over one thousand (1,000) pounds;

23 (13) "Truck tractor" means any motor-propelled vehicle designed to draw and to support

24  the front end of a semitrailer. The semitrailer and the truck tractor shall be

25  considered to be one (1) unit;

26 (14) "Sharp curve" means a curve of not less than thirty (30) degrees;

27 (15) "State Police" includes any agency for the enforcement of the highway laws

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1   established pursuant to law;

2 (16) "Steep grade" means a grade exceeding seven percent (7%);

3 (17) "Trailer" means any vehicle designed to be drawn by a motor truck or truck-tractor,

4   but supported wholly upon its own wheels, intended for the carriage of freight or

5   merchandise and having a load capacity of over one thousand (1,000) pounds;

6 (18) "Unobstructed highway" means a straight, level, first-class road upon which no

7   other vehicle is passing or attempting to pass and upon which no other vehicle or

8   pedestrian is approaching in the opposite direction, closer than three hundred (300)

9   yards;

10 (19) (a) "Vehicle" includes:

11  1. All agencies for the transportation of persons or property over or upon

12          the public highways of the Commonwealth; and

13  2. All vehicles passing over or upon the highways.

14  (b) "Motor vehicle" includes all vehicles, as defined in paragraph (a) of this

15  subsection, except:

16  1. Road rollers;

17  2. Road graders;

18  3. Farm tractors;

19  4. Vehicles on which power shovels are mounted;

20  5. Construction equipment customarily used only on the site of

21          construction and which is not practical for the transportation of persons

22          or property upon the highways;

23  6. Vehicles that travel exclusively upon rails;

24  7. Vehicles propelled by electric power obtained from overhead wires

25          while being operated within any municipality or where the vehicles do

26          not travel more than five (5) miles beyond the city limits of any

27          municipality;

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1   8. Vehicles propelled by muscular power; and

2   9. Electric low-speed scooters;

3 (20) "Reflectance" means the ratio of the amount of total light, expressed in a

4   percentage, which is reflected outward by the product or material to the amount of

5   total light falling on the product or material;

6 (21) "Sunscreening material" means a product or material, including film, glazing, and

7   perforated sunscreening, which, when applied to the windshield or windows of a

8   motor vehicle, reduces the effects of the sun with respect to light reflectance or

9   transmittance;

10 (22) "Transmittance" means the ratio of the amount of total light, expressed in a

11  percentage, which is allowed to pass through the product or material, including

12  glazing, to the amount of total light falling on the product or material and the

13  glazing;

14 (23) "Window" means any device designed for exterior viewing from a motor vehicle,

15  except the windshield, any roof-mounted viewing device, and any viewing device

16  having less than one hundred fifty (150) square inches in area;

17 (24) "All-terrain vehicle" means any motor vehicle used for recreational off-road use;

18 (25) "Nondivisible load," as pertains to:

19  (a) State highways that are not part of the national truck network established

20  pursuant to 23 C.F.R. pt. 658, means a load or vehicle, that if separated into

21  smaller loads or vehicles:

22  1.[(a)] Compromises the intended use of the vehicle, making it unable to

23            perform the function for which it was intended;

24  2.[(b)] Destroys the value of the load or vehicle, making it unusable for

25            its intended purpose; or

26  3.[(c)] Requires more than four (4) work hours to dismantle and

27            reassemble using appropriate equipment; or

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1   (b) Any highway that is part of the national truck network established pursuant

2   to 23 C.F.R. pt. 658, includes fluid milk products in accordance with 23

3   U.S.C. sec. 127(a)(13);

4 (26) "Electric low-speed scooter" means a device that:

5   (a) Weighs less than one hundred (100) pounds;

6   (b) Is equipped with wheels;

7   (c) Is equipped with handlebars;

8   (d) Is equipped with a brake adequate enough to stop and park the device;

9   (e) Is designed to be stood or sat upon;

10  (f) Is propelled by an electric motor, human power, or both; and

11  (g) Is designed to operate at a maximum speed of twenty (20) miles per hour, on a

12  paved level surface, with or without human propulsion; and

13 (27) "Highway work zone" means that portion of a highway and the affected area

14  adjacent to a lane, berm, or shoulder, including a sidewalk, upon which

15  construction, reconstruction, resurfacing, maintenance, inspection, or other work of

16  that nature is being conducted by a government agency, private contractor, or utility

17  company.

18  Section 4. KRS 189.270 is amended to read as follows:

19 (1) (a) The department may issue permits for the operation of motor vehicles,

20  manufactured homes, recreational vehicles, boats, or any other vehicle

21  transporting a nondivisible load, whose gross weight including load, height,

22  width, or length exceeds the limits prescribed by this chapter or which in other

23  respects fail to comply with the requirements of this chapter. Permits may be

24  issued by the department for stated periods, special purposes, and unusual

25  conditions, and upon terms in the interest of public safety and the preservation

26  of the highways as the department may require.

27  (b) Subject to the limitations in subsection (4) of this section, the department shall

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1   promulgate administrative regulations in accordance with KRS Chapter 13A

2   to set fees for permits established under this section.

3 (2) Except as provided in subsection (8) of this section, the department may, at the

4   request of an applicant, issue a single-trip permit regardless of the type of vehicle or

5   equipment being transported that exceeds the weight or dimension limits

6   established by this chapter if the load being transported is a nondivisible load.

7 (3) (a) Except as provided in subsection (8) of this section, the department may, at

8   the request of an applicant, issue an annual permit regardless of the type of

9   vehicle or equipment being transported that exceeds the weight or dimension

10  limits established by this chapter if the load being transported is a nondivisible

11  load.

12  (b) Except as provided in paragraph (c) of this subsection, a[The] vehicle

13  operating under a permit issued under this subsection shall not exceed sixteen

14  (16) feet in width exclusive of usual and ordinary overhang, one hundred

15  twenty (120) feet in length including a towing vehicle and trailer combination,

16  thirteen (13) feet six (6) inches in height, or one hundred sixty thousand

17  (160,000) pounds.

18  (c) Notwithstanding KRS 189.269, a vehicle transporting fluid milk products

19  under a permit issued under this subsection shall not exceed one hundred

20  thousand (100,000) pounds.

21 (4) The department shall establish the following annual permits to transport farm

22  equipment, with the listed fee limits:

23  (a) For equipment less than or equal to fourteen (14) feet in width, eighty dollars

24  ($80); and

25  (b) For equipment that exceeds fourteen (14) feet in width, when transported from

26  a dealership to a farm, from a farm to a dealership, or from a dealership to a

27  dealership, one hundred fifty dollars ($150).

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1 (5) Permits issued under this section shall be for nondivisible loads and shall be valid

2   statewide; however, the department may, as a condition of issuing an annual or

3   single-trip permit, limit the overweight or overdimensional vehicle to specified

4   routes, exclude certain highways, or even cancel an applicant's permit if an

5   unreasonable risk of accident or an unreasonable impedance of the flow of traffic

6   would result from the presence of the overweight or overdimensional vehicle. A

7   person who applies for, and accepts, a permit issued under this section is

8   acknowledging that the Kentucky Transportation Cabinet is not guaranteeing safe

9   passage of vehicles by issuing the permit. A person who applies for, and accepts, a

10  permit issued under this section agrees to measure all clearances of highway

11  structures, both laterally and vertically, prior to passage of the person's vehicles

12  along the routes specified in the permit. A person who applies for, and accepts, a

13  permit issued under this section is classified as a bare licensee whose duty is to

14  assume sole risk involved in using Kentucky's highways without warranty of

15  accuracy.

16 (6) Subject to the limitations of subsection (12) of this section, the department shall

17  promulgate administrative regulations under KRS Chapter 13A to establish

18  requirements for escort vehicles, safety markings, and other safety restrictions

19  governing the operation of an overweight or overdimensional vehicle. The

20  department shall provide each applicant for an annual or single-trip permit issued

21  under this section a copy of all restrictions associated with the overweight or

22  overdimensional permit at no charge to the applicant. The department shall be

23  prohibited from raising the permit fee established in subsections (2) and (3) of this

24  section by levying additional fees for an overweight or overdimensional permit

25  through the administrative regulation process.

26 (7) (a) Notwithstanding KRS 189.269, the department may, at the request of an

27  applicant who is a transporter of manufactured housing, issue an annual

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1   permit that exceeds the weight or dimension limits established by this chapter

2   if the load being transported is a nondivisible load.

3   (b) The vehicle operated shall not exceed sixteen (16) feet in width exclusive of

4   usual and ordinary overhang, one hundred twenty (120) feet in length

5   including a towing vehicle and trailer combination, fifteen (15) feet in height,

6   or one hundred sixty thousand (160,000) pounds.

7   (c) The holder of a permit issued under this subsection shall, when transporting a

8   manufactured home:

9   1. Abide by all escort requirements, safety markings, and other safety

10  restrictions governing overweight and overdimensional vehicles; and

11  2. Equip each truck operating under a permit with global positioning

12  system technology that keeps a record of locations traveled. The travel

13  records of trucks operating under a permit shall be open to inspection by

14  the Transportation Cabinet.

15  (d) Any person with a permit under this subsection who operates a vehicle greater

16  than thirteen (13) feet six (6) inches in height while operating in a restricted

17  area designated by the Transportation Cabinet shall be fined one thousand

18  dollars ($1,000).

19 (8) The cabinet shall not issue an annual permit under this section if the person

20  applying for the permit is eligible for an annual permit issued under KRS 189.2716

21  or 189.2717.

22 (9) The department may require the applicant to give bond, with approved surety, to

23  indemnify the state or counties against damage to highways or bridges resulting

24  from use by the applicant. The operation of vehicles in accordance with the terms of

25  the permit issued under this section shall not constitute a violation of this chapter if

26  the operator has the permit, or an authenticated copy of it, in his or her possession.

27 (10) Any person transporting a parade float which exceeds the dimensional limits on a

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1   highway over which it is transported shall be required to obtain a permit as required

2   in subsection (2) of this section. If the float is being used in conjunction with a

3   parade to be held within the boundaries of the Commonwealth, a fee shall not be

4   assessed by the department to issue the permit.

5 (11) A person shall not operate any vehicle in violation of the terms of the permit issued

6   under this section.

7 (12) (a) The cabinet shall not promulgate administrative regulations pursuant to this

8   section that restrict the time or days of the week when a permit holder may

9   operate on the highway, except that travel may be limited from 6 a.m. to 9

10  a.m. and 3 p.m. to 6 p.m. Monday through Friday. In addition to the

11  restrictions established in this paragraph, any manufactured home being

12  transported by permit issued under this section shall not travel on any

13  highway after daylight hours Monday through Saturday, or at any time on

14  Sunday.

15  (b) The cabinet shall allow a permit holder who has obtained a permit to transport

16  equipment to a work site to return to the permit holder's place of business

17  immediately after work is completed at the job site, subject to the limitations

18  of paragraph (a) of this subsection.

19  (c) The cabinet shall not promulgate administrative regulations pursuant to this

20  section setting forth escort vehicle requirements for overdimensional farm

21  implements or vehicles towing overdimensional farm implements that are

22  more stringent than the following:

23  1. For a single vehicle and load in excess of twelve (12) feet in width being

24  operated on a two (2) lane highway, no more than one (1) lead vehicle

25  shall be required;

26  2. For a single vehicle and load in excess of twelve (12) feet in width being

27  operated on a four (4) lane highway, no more than one (1) trail vehicle

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1   shall be required;

2   3. For a single vehicle and load in excess of eighty-five (85) feet in length

3   being operated on a two (2) lane highway, no more than one (1) lead

4   vehicle shall be required;

5   4. For more than one (1) vehicle and load in excess of twelve (12) feet in

6   width or eighty-five (85) feet in length being operated as a convoy on a

7   two (2) lane highway, no more than one (1) lead vehicle shall be

8   required;

9   5. A lead escort vehicle on a two (2) lane highway under this paragraph

10  may also serve as a tow vehicle;

11  6. Any distance for lead or trail escort vehicles shall contain provisions

12  allowing for a variance from that distance due to safety or road

13  conditions; and

14  7. A vehicle or its escort shall be required to bear a sign declaring that the

15  vehicle is oversized or be required to use lights, flashers, or flags, but a

16  vehicle or its escort shall not be required to do both.

17  Section 5. KRS 189.2717 is amended to read as follows:

18 (1) (a) Subject to the provisions of KRS 189.222, the department may promulgate

19  administrative regulations pursuant to KRS Chapter 13A governing the

20  issuance of annual permits for the operation of motor vehicles transporting

21  nondivisible loads in this Commonwealth whose gross weight exceeds the

22  limits prescribed by this chapter.

23  (b) Except as provided in paragraph (c) of this subsection, the gross weight of a

24  motor vehicle operating pursuant to this section shall not exceed one hundred

25  twenty thousand (120,000) pounds.

26  (c) Notwithstanding KRS 189.269, the gross weight of a motor vehicle

27  transporting fluid milk products under a permit issued under this section

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1   shall not exceed one hundred thousand (100,000) pounds.

2   (d) The movement of the overweight motor vehicle shall be limited to a specific

3   route set forth on the annual permit.

4 (2) Except as provided is subsection (3) of this section, the following axle weights

5   shall not be exceeded in the loading of a nondivisible load:

6   (a) Single axle with axles less than forty-two (42) inches apart and being the

7   steering axle with one (1) wheel on each side of the axle to be considered a

8   single axle shall not be more than fifteen thousand (15,000) pounds;

9   (b) Two (2) axles in tandem arrangement which are spaced forty-two (42) inches

10  or more apart and less than ninety-six (96) inches apart shall not be more than

11  forty thousand (40,000) pounds;

12  (c) Three (3) axles in tridem arrangement which are spaced forty-two (42) or

13  more inches apart and less than one hundred twenty (120) inches apart shall

14  not be more than sixty-five thousand (65,000) pounds; and

15  (d) Dual wheel axle with one (1) axle with two (2) wheels on each side of the axle

16  to be considered a dual wheel axle shall not be more than twenty thousand

17  (20,000) pounds each.

18 (3) Notwithstanding KRS 189.269, the axle weight limits in subsection (2) of this

19  section shall not apply to a vehicle transporting fluid milk products under a

20  permit issued under this section.

21 (4) Each motor vehicle operating pursuant to this section shall comply with the safety

22  provisions set forth in the administrative regulations promulgated by the department

23  pursuant to this section.

24 (5)[(4)] The department shall promulgate administrative regulations in accordance

25  with KRS Chapter 13A to set fees for permits established under this section.

26 (6)[(5)] The department may refuse to issue a permit for a requested route because of

27  the inadequacies of the roadway or a structure on that route.

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1   Section 6. KRS 189.221 is amended to read as follows:

2 A person shall not operate on any highway, except those highways designated by the

3 secretary of transportation under the provisions of KRS 189.222, or those locally

4 maintained highways under the provisions of KRS 189.222(13)[(12)] or 189.230(4), any

5 of the following trucks, trailers, manufactured homes, or vehicles:

6 (1) Any motor truck, semitrailer, trailer, manufactured home, or vehicle which exceeds

7   eleven and one-half (11-1/2) feet in height or ninety-six (96) inches in width,

8   including any part of the body or load;

9 (2) Any motor truck, except a semitrailer truck, which exceeds twenty-six and one half

10  (26-1/2) feet in length, including any part of the body or load;

11 (3) Any semitrailer truck which exceeds thirty (30) feet in length, including any part of

12  the body or load;

13 (4) Any truck, semitrailer truck, or truck and trailer unit which exceeds 36,000 pounds

14  gross weight, including the load;

15 (5) Any truck, semitrailer truck, or tractor-trailer unit which exceeds a gross weight

16  equal to the sum of six hundred (600) pounds per inch of the combined width of the

17  tires upon which the vehicle may be propelled, but no more than thirty-six thousand

18  (36,000) pounds; and

19 (6) Notwithstanding the provisions of this section, any truck hauling building materials

20  under KRS 189.2226, or to a road construction project on a highway rated less than

21  the maximum weight provided above, may haul up to eighty thousand (80,000)

22  pounds gross weight, including the load, without a permit.

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