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352.050 Permissible rating for underground machinery -- Transportation of
underground mining equipment.
(1)
(2)
After June 16, 1972, no machinery powered by an internal combustion engine shall
be placed in use in underground workings unless the equipment is rated
"permissible" as described in KRS 352.010 for underground use, and the use of the
machinery is approved by the commissioner of the Department for Natural
Resources.
Mining equipment being transported or trammed underground, where energized
trolley wires or trolley feeder wires are present, other than ordinary sectional
movements, shall be transported or trammed by qualified personnel under the
supervision of a certified foreman. When the equipment is being transported or
trammed, no person, except those persons directly engaged in moving the
equipment, shall be permitted to be inby the equipment in the ventilating split that is
passing over the equipment. To avoid accidental contact with power lines, face
equipment shall be insulated and assemblies removed, if necessary, so as to provide
clearance.
Effective: April 9, 1996
History: Amended 1996 Ky. Acts ch. 308, sec. 24, effective April 9, 1996. -- Amended
1976 (1st. Extra. Sess.) Ky. Acts ch. 8, sec. 21. -- Amended 1976 Ky. Acts ch. 174,
sec. 7. -- Amended 1972 Ky. Acts ch. 303, sec. 5, -- Amended 1952 Ky. Acts
ch. 162, sec. 17, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-19, 2739-29, 2739-30.
Legislative Research Commission Note (8/21/2008). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. One such correction that was overlooked
during codification after the 2005 Regular Session of the General Assembly has been
made in this section.
Legislative Research Commission Note (4/9/96). The action taken with respect to this
statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under
Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor's signed copy of the Act was filed with the Secretary of
State.
Legislative Research Commission Note (4/9/96). The use of KRS 352.010 in
subsection (1) of this statute results from KRS 7.136(1)(h). Section 24 of 1996 Ky.
Acts ch. 308 reads "Section 19 of this Act" here, but this internal reference was not
adjusted to reflect the addition of two new sections to House Bill 605 prior to Section
19 in the Senate Committee Substitute adopted for this bill. This fact, taken together
with the context of the citation, clearly indicates that Section 21 should have been
substituted here so that KRS 352.010 is the appropriate statute to be cited.
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