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2017 Kentucky Revised Statutes
CHAPTER 189 - TRAFFIC REGULATIONS -- VEHICLE EQUIPMENT AND STORAGE
.270 Special permits to exceed limits.

Universal Citation: KY Rev Stat § 189.270 (2017)
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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 189.2716 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 2. 3. 4. 5. 6. 7. operated on a two (2) lane highway, no more than one (1) lead vehicle shall be required; 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: July 15, 2016 History: Amended 2016 Ky. Acts ch. 63, sec. 2, effective July 15, 2016. -- 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. Legislative Research Commission Note (6/29/2017). 2017 Ky. Acts Ch. 146, sec. 11 repealed KRS 189.2715, which was cited in KRS 189.270(7). However, no conforming amendment of KRS 189.270 was included in 2017 Ky. Acts ch. 146 to remove the reference to the repealed section. The Reviser of Statutes has made this conforming change under the authority of KRS 7.136.
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