189.270 Special permits to exceed limits -- Administrative regulations.
1,440 words·~7 min read·
/ky/chapter-189/189-270A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The department may issue permits for the operation of motor vehicles,
manufactured homes, recreational vehicles, boats, or any other vehicle
transporting a nondivisible load, whose gross weight including load, height,
width, or length exceeds the limits prescribed by this chapter or which in other
respects fail to comply with the requirements of this chapter. Permits may be
issued by the department for stated periods, special purposes, and unusual
conditions, and upon terms in the interest of public safety and the preservation
of the highways as the department may require.
(b)Subject to the limitations in subsection
(4)of this section, the department shall
promulgate administrative regulations in accordance with KRS Chapter 13A
to set fees for permits established under this section.
(2)Except as provided in subsection
(8)of this section, the department may, at the
request of an applicant, issue a single-trip permit regardless of the type of vehicle or
equipment being transported that exceeds the weight or dimension limits
established by this chapter if the load being transported is a nondivisible load.
(a)Except as provided in subsection
(8)of this section, the department may, at
the request of an applicant, issue an annual permit regardless of the type of
vehicle or equipment being transported that exceeds the weight or dimension
limits established by this chapter if the load being transported is a nondivisible
load.
(b)The vehicle operating under a permit issued under this subsection shall not
exceed sixteen
(16)feet in width exclusive of usual and ordinary overhang,
one hundred twenty
(120)feet in length including a towing vehicle and trailer
combination, thirteen
(13)feet six
(6)inches in height, or one hundred sixty
thousand (160,000) pounds.
(4)The department shall establish the following annual permits to transport farm
equipment, with the listed fee limits:
(a)For equipment less than or equal to fourteen
(14)feet in width, eighty dollars
($80); and
(b)For equipment that exceeds fourteen
(14)feet in width, when transported from
a dealership to a farm, from a farm to a dealership, or from a dealership to a
dealership, one hundred fifty dollars ($150).
(5)Permits issued under this section shall be for nondivisible loads and shall be valid
statewide; however, the department may, as a condition of issuing an annual or
single-trip permit, limit the overweight or overdimensional vehicle to specified
routes, exclude certain highways, or even cancel an applicant's permit if an
unreasonable risk of accident or an unreasonable impedance of the flow of traffic
would result from the presence of the overweight or overdimensional vehicle. A
person who applies for, and accepts, a permit issued under this section is
acknowledging that the Kentucky Transportation Cabinet is not guaranteeing safe
passage of vehicles by issuing the permit. A person who applies for, and accepts, a
permit issued under this section agrees to measure all clearances of highway
structures, both laterally and vertically, prior to passage of the person's vehicles
along the routes specified in the permit. A person who applies for, and accepts, a
permit issued under this section is classified as a bare licensee whose duty is to
assume sole risk involved in using Kentucky's highways without warranty of
accuracy.
(6)Subject to the limitations of subsection
(12)of this section, the department shall
promulgate administrative regulations under KRS Chapter 13A to establish
requirements for escort vehicles, safety markings, and other safety restrictions
governing the operation of an overweight or overdimensional vehicle. The
department shall provide each applicant for an annual or single-trip permit issued
under this section a copy of all restrictions associated with the overweight or
overdimensional permit at no charge to the applicant. The department shall be
prohibited from raising the permit fee established in subsections
(2)and
(3)of this
section by levying additional fees for an overweight or overdimensional permit
through the administrative regulation process.
(a)Notwithstanding KRS 189.269, the department may, at the request of an
applicant who is a transporter of manufactured housing, issue an annual
permit that exceeds the weight or dimension limits established by this chapter
if the load being transported is a nondivisible load.
(b)The vehicle operated shall not exceed sixteen
(16)feet in width exclusive of
usual and ordinary overhang, one hundred twenty
(120)feet in length
including a towing vehicle and trailer combination, fifteen
(15)feet in height,
or one hundred sixty thousand (160,000) pounds.
(c)The holder of a permit issued under this subsection shall, when transporting a
manufactured home:
1. Abide by all escort requirements, safety markings, and other safety
restrictions governing overweight and overdimensional vehicles; and
2. Equip each truck operating under a permit with global positioning
system technology that keeps a record of locations traveled. The travel
records of trucks operating under a permit shall be open to inspection by
the Transportation Cabinet.
(d)Any person with a permit under this subsection who operates a vehicle greater
than thirteen
(13)feet six
(6)inches in height while operating in a restricted
area designated by the Transportation Cabinet shall be fined one thousand
dollars ($1,000).
(8)The cabinet shall not issue an annual permit under this section if the person
applying for the permit is eligible for an annual permit issued under KRS 189.2716
or 189.2717.
(9)The department may require the applicant to give bond, with approved surety, to
indemnify the state or counties against damage to highways or bridges resulting
from use by the applicant. The operation of vehicles in accordance with the terms of
the permit issued under this section shall not constitute a violation of this chapter if
the operator has the permit, or an authenticated copy of it, in his or her possession.
(10)Any person transporting a parade float which exceeds the dimensional limits on a
highway over which it is transported shall be required to obtain a permit as required
in subsection
(2)of this section. If the float is being used in conjunction with a
parade to be held within the boundaries of the Commonwealth, a fee shall not be
assessed by the department to issue the permit.
(11)A person shall not operate any vehicle in violation of the terms of the permit issued
under this section.
(a)The cabinet shall not promulgate administrative regulations pursuant to this
section that restrict the time or days of the week when a permit holder may
operate on the highway, except that travel may be limited from 6 a.m. to 9
a.m. and 3 p.m. to 6 p.m. Monday through Friday. In addition to the
restrictions established in this paragraph, any manufactured home being
transported by permit issued under this section shall not travel on any
highway after daylight hours Monday through Saturday, or at any time on
Sunday.
(b)The cabinet shall allow a permit holder who has obtained a permit to transport
equipment to a work site to return to the permit holder's place of business
immediately after work is completed at the job site, subject to the limitations
of paragraph
(a)of this subsection.
(c)The cabinet shall not promulgate administrative regulations pursuant to this
section setting forth escort vehicle requirements for overdimensional farm
implements or vehicles towing overdimensional farm implements that are
more stringent than the following:
1. For a single vehicle and load in excess of twelve
(12)feet in width being
operated on a two
(2)lane highway, no more than one
(1)lead vehicle
shall be required;
2. For a single vehicle and load in excess of twelve
(12)feet in width being
operated on a four
(4)lane highway, no more than one
(1)trail vehicle
shall be required;
3. For a single vehicle and load in excess of eighty-five
(85)feet in length
being operated on a two
(2)lane highway, no more than one
(1)lead
vehicle shall be required;
4. For more than one
(1)vehicle and load in excess of twelve
(12)feet in
width or eighty-five
(85)feet in length being operated as a convoy on a
two
(2)lane highway, no more than one
(1)lead vehicle shall be
required;
5. A lead escort vehicle on a two
(2)lane highway under this paragraph
may also serve as a tow vehicle;
6. Any distance for lead or trail escort vehicles shall contain provisions
allowing for a variance from that distance due to safety or road
conditions; and
7. A vehicle or its escort shall be required to bear a sign declaring that the
vehicle is oversized or be required to use lights, flashers, or flags, but a
vehicle or its escort shall not be required to do both.