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189.271 Special permits for hauling industrial materials -- Renewals -Overweight and overdimensional vehicles.
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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. Such permits shall be
issued for specified materials only and shall designate the portions of the state
primary road system over which such vehicle may operate pursuant to the
permit. Such permit shall be issued for a stated period of time determined by
the applicant not to exceed three (3) years, and an existing permit may be
renewed pending an inspection by the cabinet of the routes listed on the
permit. Permits under this section shall be upon such terms and conditions as
the cabinet may, in its discretion, require in the public interest.
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.
The cabinet shall require, as a condition to the issuance of the permit, that the
applicant pay a reasonable fee, to be fixed by the cabinet, and shall 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 such permit. A bond acquired under this subsection may be
carried forward to another permit if the cabinet has not gone against the bond.
The operation of any motor vehicle in accordance with the terms of any such
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
possession.
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.
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.
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.
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.
The cabinet may:
(a) Exercise general supervision of the administering and enforcement of this
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section.
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.
Promulgate administrative regulations with respect to the amount, terms
and conditions of the bond and the sufficiency of the surety of such 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.
Issue, continue in effect, revoke, modify, or deny, under such conditions
as the cabinet may prescribe, permits provided for under this section.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 481, sec. 1, effective July 14, 2000. -Amended 1994 Ky. Acts ch. 132, sec. 1, effective July 15, 1994. -- Amended
1978 Ky. Acts ch. 232, sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts
ch. 258, sec. 4.
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