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189.270 Special permits to exceed limits.
(1)
(2)
(3)
(4)
(5)
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.
Except as provided in subsection (7) 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 single-trip permit shall cost sixty dollars ($60) for each overweight or
overdimensional permit requested.
Except as provided in subsection (7) 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. The vehicle 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. Except as provided in
subsections (4) and (7) of this section, an annual permit for loads less than
fourteen (14) feet in width shall cost two hundred fifty dollars ($250). An annual
permit for loads exceeding fourteen (14) feet in width shall cost five hundred
dollars ($500).
An annual permit to transport farm equipment less than fourteen (14) feet in
width shall cost eighty dollars ($80). An annual permit to transport farm
equipment that exceeds fourteen (14) feet in width from a dealership to a farm,
from a farm to a dealership, or from a dealership to a dealership shall cost one
hundred fifty dollars ($150).
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 (11) 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.
(7) 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
189.2715 or 189.2717.
(8) 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 possession.
(9) 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.
(10) A person shall not operate any vehicle in violation of the terms of the permit
issued under this section.
(11) (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.
3.
4.
5.
6.
7.
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;
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;
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;
A lead escort vehicle on a two (2) lane highway under this
paragraph may also serve as a tow vehicle;
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
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.
Effective:April 11, 2012
History: Amended 2012 Ky. Acts ch. 114, sec. 2, effective April 11, 2012. -Amended 2011 Ky. Acts ch. 88, sec. 4, effective March 16, 2011. -- Amended
2005 Ky. Acts ch. 166, sec. 1, effective June 20, 2005. -- Amended 2003 Ky.
Acts ch. 30, sec. 2, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 306,
sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 356, sec. 1,
effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 42, sec. 7, effective July
15, 1994. Amended 1992 Ky. Acts ch. 22, sec. 1; ch. 283, sec. 1, effective
July 14, 1992; and ch. 400, sec. 1, effective July 14, 1992. -- Amended 1990 Ky.
Acts ch. 77, sec. 1, effective July 13, 1990; ch. 197, sec. 1, effective July 13,
1990; ch. 269, sec. 1, effective July 13, 1990; and ch. 292, sec. 1, effective July
13, 1990. -- Amended 1988 Ky. Acts ch. 126, sec. 1, effective July 15, 1988;
ch. 175, sec. 11, effective July 15, 1988; and ch. 245, sec. 2, effective July 15,
1988. -- Amended 1984 Ky. Acts ch. 150, sec. 1, effective July 13, 1984. -Amended 1982 Ky. Acts ch. 265, sec. 3, effective April 1, 1982; and ch. 395,
sec. 20, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 173, sec. 3. -Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). -- Amended 1942 Ky. Acts
ch. 118, sec. 1(c). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October
1, 1942, from Ky. Stat. sec. 2739g-92.
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