189.271 Special permits for hauling industrial materials -- Renewals --
635 words·~3 min read·
/ky/189-271A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Administrative regulations -- Overweight and overdimensional vehicles.
(1)Notwithstanding any other provision of laws, the Transportation Cabinet may issue
special permits to the owners, operators, or lessees of motor vehicles for the
purpose of hauling industrial materials whose gross weight or dimensions,
including vehicle and load, exceeds the limits prescribed by this chapter or which in
other respects fail to comply with the requirements of this chapter. A separate
permit shall be required for each vehicle. Permits issued in accordance with this
section shall be issued:
(a)For specified materials only and shall designate the portions of the state
primary road system over which the vehicle may operate pursuant to the
permit;
(b)For a stated period of time determined by the applicant not to exceed three
years, and an existing permit may be renewed pending an inspection by the
cabinet of the routes listed on the permit; and
(c)Upon the terms and conditions as the cabinet may, in its discretion, require in
the public interest.
(2)The cabinet may establish a system by which a current permit holder can be granted
a new permit specifying different routes or materials without having to complete a
new application or pay a separate application fee.
(3)The cabinet shall:
(a)Promulgate administrative regulations in accordance with KRS Chapter 13A
to set fees for permits established under this section; and
(b)Require that an applicant convicted under provisions of KRS 189.990(2)(a)
two
(2)or more times within a five
(5)year period give bond, with approved
surety, in an amount not to exceed six thousand dollars ($6,000) for each
vehicle to indemnify the Commonwealth of Kentucky against damage to
highways or bridges resulting from the operation of any motor vehicle under
the authorization of the permit. A bond acquired under this subsection may be
carried forward to another permit if the cabinet has not gone against the bond.
(4)The operation of any motor vehicle in accordance with the terms of the permit shall
not constitute a violation of this chapter, if the operator has the permit, or a copy of
it, authenticated as the cabinet may require, in his or her possession.
(5)The cabinet shall not issue a permit under this section for a vehicle whose gross
weight, including vehicle and load, exceeds the maximum gross weight as provided
in KRS 189.222.
(6)The cabinet shall not issue a permit under this section for a vehicle whose
dimensions, including vehicle and load, exceed the maximum dimension as
provided in KRS 189.222.
(7)A person shall not operate a motor vehicle in violation of the terms and conditions
of any permit issued by the cabinet pursuant to this section.
(8)As used in this section, industrial materials shall mean all cargo, whether divisible
or indivisible, which a motor vehicle transports in the usual and ordinary course of
business and shall specifically include, but not be limited to, agricultural products,
minerals, or natural resources transported by a motor vehicle.
(9)The cabinet may:
(a)Exercise general supervision of the administering and enforcement of this
section;
(b)Promulgate administrative regulations, subject to the limitations of this
section, with respect to the issuance of a permit, including, but not limited to,
administrative regulations concerning the duration of permits and weight
limits for various types of vehicles, materials, and highways;
(c)Promulgate administrative regulations with respect to the amount, terms and
conditions of the bond and the sufficiency of the surety of a bond required by
this section. The cabinet shall allow applicants not required to post a surety
bond under subsection
(3)of this section to self-insure to meet the bonding
requirements of this section; and
(d)Issue, continue in effect, revoke, modify, or deny, under conditions as the
cabinet may prescribe, permits provided for under this section.