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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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