Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
KRS
175.450, 177.390-177.570,
177.9771,
186.010(8),
186.050,
189.221,
189.222,
189.2225(3),
189.270,
189.271,
189.2715,
189.2716,
189.2717,
227.550,
281.838,
23 C.F.R.
658.17, 49 C.F.R. 367,
393.11
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
189.270(6),
189.271(9)(b),
189.2715(1),
189.2716,
and
189.2717(1)
authorize the Secretary of the Kentucky Transportation Cabinet to issue permits
for the movement of motor vehicles with divisible or nondivisible loads
exceeding legal weights or dimensions. This administrative regulation
establishes the procedures and requirements for the issuance of an overweight
or overdimensional single trip or annual permit including the height, width,
and length necessary for vehicles and loads; escort safety requirements; the
requirements to move a house or building; and the criteria necessary to obtain
a permit for a sealed, containerized, ocean-going cargo unit.
Section 1. Definitions.
(1) "Axle spacing" means the measurable
distance between the axle centers of the axle unit.
(2) "Boat" means a vehicle used for movement
on the water and includes the trailer on which it is placed for transporting
the vehicle on the highway.
(3)
"Designated National Truck Network" means routes approved for use by increased
dimension as established in
KRS
189.222.
(4) "Height pole" means a vertical clearance
measuring device.
(5)
"International bill of lading" means a receipt or ticket for property tendered
for transportation by a common motor carrier or private carrier in foreign
commerce including:
(a) Consignor;
(b) Consignee;
(c) Origin and destination points;
(d) Number of packages;
(e) Description of freight or goods;
and
(f) Date.
(6) "Manufactured home" is defined by
KRS
227.550(7).
(7) "Nondivisible" means a load, cargo unit,
or vehicle that if separated into smaller loads or vehicles would:
(a) Compromise the intended use of the
vehicle, making it unable to perform the function for which it was
intended;
(b) Destroy the value of
the load or vehicle, making it unusable for its intended purpose; or
(c) Require more than four (4) or eight (8)
work hours to dismantle and reassemble contingent on the route
traveled.
(8)
"Overdimensional" means the motor vehicle exceeds the dimension limits
established in
603 KAR
5:070.
(9)
"Overweight" means the motor vehicle exceeds:
(a) The gross weight limit established in
603 KAR
5:066;
(b)
The axle weight limit established in
603 KAR
5:066;
(c)
The gross weight limits established by
KRS
177.9771 for a motor vehicle transporting
coal or coal by-products;
(d) The
bridge weight limit established by
603 KAR
5:066; or
(e) The gross weight limit posted at a bridge
or other structure.
(10)
"Permit fee" means the fee established in
KRS
189.270,
189.2715, or
189.2717
for the issuance of an overweight or overdimensional trip or annual permit, to
cover the cost of processing the permit application, including:
(a) A qualification check of the
applicant;
(b) A statutory
compliance check; and
(c) An
initial bridge and weight analysis.
(11) "Pole trailer" means a motor vehicle
without motive power that is:
(a) Designed to
be drawn by a motor vehicle and attached to the towing motor vehicle by means
of a reach or pole or by being boomed or otherwise secured to the towing motor
vehicle; and
(b) Used for
transporting long or irregularly shaped loads such as poles, pipes, or
structural members that generally are capable of sustaining themselves as beams
between the supporting connections.
(12) "Sealed, containerized, ocean-going
cargo unit" means a nondivisible unit of cargo that is part of international
trade due to importation from, or exportation to, another country.
(13) "Self-propelled specialized mobile
equipment" means every self-propelled vehicle not designed or used primarily
for the transportation of persons or property and incidentally operated or
moved over the highways.
(14)
"Steering axle" means the axle or axles of a vehicle or combination of vehicles
by which the vehicle or vehicles are guided or steered.
(15) "Tandem" means any two (2) axles with
centers forty two (42) inches or more apart but less than ninety six (96)
inches apart.
(16) "Tridem" means
any three (3) consecutive axles with centers forty two (42) inches or more
apart and less than 120 inches apart.
(17) "Trunnion axle" means an axle
configuration with two (2) individual axles mounted in the same transverse
plane with four (4) tires on each axle connected at a pivot point that allows
each individual axle to oscillate in a vertical plane to provide constant and
equal weight distribution on each individual axle.
Section 2. Overweight or Overdimensional
Permit Application.
(1) An application for a
Kentucky Overweight/Overdimensional Permit Worksheet, TC Form 95-10, and an
Application for Annual Overweight or Overdimensional Permit, TC Form 95-25,
shall be submitted to the Division of Motor Carriers by:
(a) Hand delivery;
(b) Mail;
(c) Fax; or
(d) The online motor carrier permitting
system at
http://drive.ky.gov/motor-carriers/Pages/Purchase-Overweight-Over-Dimensional-Permits.aspx.
(2) An applicant for an overweight
or overdimensional single trip permit shall submit a completed Kentucky
Overweight/Overdimensional Permit Worksheet, TC Form 95-10 to the Division of
Motor Carriers.
(3) An overweight
or overdimensional single trip permit shall be valid for one (1) move and a
duration of ten (10) days.
(4) An
overweight or overdimensional single trip permit application shall specify the
following information regarding the towing vehicle:
(a) The year, make, and vehicle
identification number;
(b) The
license plate number and jurisdiction;
(c) The maximum weight for which the towing
vehicle is registered;
(d) The
jurisdiction or state of the apportioned registration;
(e) The name, address, and telephone number
of the operator or owner;
(f) A
general description of the cargo;
(g) The effective date of travel;
(h) The serial number for a manufactured
home;
(i) The specific routes of
travel requested;
(j) The Kentucky
Highway Use License (KYU License) or the DOT number; and
(k) The axle spacing and axle group
configuration.
(5) An
applicant for an overweight or overdimensional annual permit shall submit a
completed Application for Annual Overweight or Overdimensional Permit, TC Form
95-25 to the Division of Motor Carriers.
(6) An overweight or overdimensional annual
permit shall be valid for an unlimited number of moves for a duration of 365
days.
(7) An overweight or
overdimensional annual permit application shall specify the following
information regarding the towing vehicle:
(a)
The year, make, and vehicle identification number;
(b) The license plate number, jurisdiction,
and unit number;
(c) The maximum
weight for which the towing vehicle is registered;
(d) The jurisdiction or state of the
apportioned registration;
(e) The
name, address, and telephone number of the operator or the owner;
(f) A general description of the
cargo;
(g) The effective date of
travel;
(h) The Kentucky Highway
Use License (KYU License) or the DOT number; and
(i) The axle spacing and axle group
configuration.
Section
3. Permit Validity and Availability.
(1)
(a) A
valid overweight or overdimensional annual or single trip permit issued by the
Division of Motor Carriers shall be carried in the overweight or
overdimensional vehicle during transit.
(b) The permit shall be presented upon
request to law enforcement or authorized personnel of the Department of Vehicle
Regulation.
(c) A modification by
the permittee to the permit that is not authenticated by the Division of Motor
Carriers shall render the permit invalid.
(2) A separate overweight or overdimensional
permit shall be required for each vehicle involved in a movement.
(3) An overweight or overdimensional permit
shall not be issued for a divisible load that if reasonably divided,
dismantled, disassembled, or rearranged would no longer be overweight or
overdimensional except as provided by
KRS 189.2715,
189.2716,
or
189.2717.
(4) A special overweight or overdimensional
annual or trip permit to allow the movement of a motor vehicle with a gross
weight or gross dimension in excess of the weights and dimensions established
in
KRS
189.270,
189.271,
189.2715, and
189.2717
may be issued by the Division of Motor Carriers if the movement is necessary to
provide transportation for specified cargo that is in the interest of the
health, welfare, or economy of the Commonwealth.
Section 4. Changes to Overweight or
Overdimensional Permits.
(1) A duplicate
overweight or overdimensional permit that is needed to replace a lost, stolen,
or destroyed annual permit or to transfer or amend the permit to another towing
vehicle shall be obtained from the Division of Motor Carriers by a payment of
ten (10) dollars.
(2) One (1)
transfer to another towing vehicle or one (1) amendment of vehicle information
shall be allowed for each overweight or overdimensional annual permit during
the permit's effective year.
(3)
The original overweight or overdimensional permit shall be returned to the
Division of Motor Carriers prior to the transfer of an annual permit.
Section 5. Travel Restrictions.
(1) In accordance with
23 C.F.R.
658.17, the Division of Motor Carriers may
deny an overweight or overdimensional permit application if:
(a) The route includes a portion of the
interstate highway system; and
(b)
The load is divisible.
(2) The cabinet shall deny or restrict an
overweight or overdimensional permit for the use of a route that may cause
damage to property or is detrimental to public safety or convenience. The
following shall be considered in making a determination on the application:
(a) The strength of bridges and structures on
the route;
(b) Traffic congestion
on the route;
(c) Horizontal and
vertical clearance on the route;
(d) The availability of alternate routes that
afford greater safety;
(e) Urban
development in residential and commercial areas on the route; and
(f) The proximity of schools to the
route.
(3)
Overdimensional restrictions shall not prohibit a utility company from working
in an emergency situation to restore utility service to an area otherwise
experiencing an outage.
(4)
(a) As needed for public safety, the
department shall prohibit movements in congested areas within the peak traffic
hours.
(b) Additional restrictions
shall be noted on the overweight or overdimensional permit upon
issuance.
(5)
(a) Travel on an overweight and
overdimensional permit shall not be permitted in Boone, Kenton, Campbell,
Fayette, Jefferson County (Louisville) or at the Owensboro, Kentucky 2155
bridge from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. Monday through
Friday.
(b) An overweight or
overdimensional load originating in Fayette County shall be exempt from traffic
rush hour restrictions on Interstate 64 and Interstate 75 in Fayette County and
on connecting routes to both interstates up to a distance of three (3) miles
from the interstates.
(6) If proof of an emergency is submitted to
the Division of Motor Carriers, a move shall be authorized during the hours
restricted by
KRS
189.270(11)(a).
(7) Each vehicle transporting a load under
the provisions of an overweight or overdimensional annual or single trip permit
shall obtain prior approval from the Division of Motor Carriers for a deviation
from the routes approved by the Transportation Cabinet.
Section 6. Height.
(1) A vehicle and load with a height in
excess of thirteen (13) feet, six (6) inches shall obtain an overweight or
overdimensional single-trip permit pursuant to
KRS
189.270(2) prior to
movement.
(2) An overweight or
overdimensional annual permit shall not be issued or used for the movement if
the height of the combination load and towing vehicle exceeds thirteen (13)
feet, six (6) inches.
(3) The
maximum height for each overweight or overdimensional single-trip permit shall
be determined by the cabinet based upon underpass and bridge height along the
designated route.
(4) A vehicle and
load exceeding (15) feet, (6) inches in height shall submit a completed
Overweight or Overdimensional Proposed Route Survey, TC Form 95-625 in addition
to TC Form 95-10 to the Division of Motor Carriers.
Section 7. Weight.
(1) Gross or axle overweight shall not be
permitted on:
(a) A unit that does not have a
registered weight of at least 80,000 lbs; or
(b) A towing vehicle whose horsepower or
braking capacity is not adequate to safely transport the overdimensional or
overweight load.
(2) The
weight on a single axle in any combination shall not exceed the product of 700
pounds times the aggregate width in inches established by the manufacturer's
stamped tire measurement of all the tires on the axle, or the following axle or
axle group weights, whichever is less:
(a)
Single axle - 24,000 pounds;
(b)
Steering axle - 20,000 pounds;
(c)
Tandem axle group if the combination vehicle has only five (5) axles total -
45,000 pounds;
(d) Tandem axle
group if the combination vehicle has six (6) or more axles total - 48,000
pounds;
(e) Tridem axle group -
60,000 pounds;
(f) Five (5) axle
combination units not exceeding 96,000 pounds gross weight;
(g) Six (6) axle combination units not
exceeding 120,000 pounds gross weight; or
(h) Seven (7) axle combination units not
exceeding 160,000 pounds gross weight.
(3) Trunnion axle group maximum gross weights
shall be determined by a route and bridge analysis performed by the cabinet's
Bridge Preservation Branch.
(4)
Maximum weights shall not be permitted unless each of the bridges and roads on
the moving route have sufficient capacity to accommodate the load.
(5) Self-propelled specialized mobile
equipment shall not exceed the following axle, axle group, or gross weight:
(a) Single axle: 23,000 pounds;
(b) Tandem axle group: 46,000 pounds;
and
(c) Tridem axle group: 69,000
pounds.
(6) The maximum
gross weight for a four (4) axle self-propelled specialized mobile equipment
shall be 92,000 pounds.
(7) The
maximum gross weight for a five (5) axle self-propelled specialized mobile
equipment shall be 115,000 pounds.
Section 8. Manufacturers of Self-Propelled
Specialized Mobile Equipment.
(1)
(a) A manufacturer of self-propelled
construction equipment that is not licensed as a motor vehicle may obtain an
annual permit for the sole purpose of road-testing the equipment prior to its
sale.
(b) Operation of the
equipment during the road-testing shall be limited to employees of the
manufacturer upon designated routes within the Commonwealth.
(2) The annual permit issued to a
manufacturer of self-propelled construction equipment shall be limited to
equipment that is:
(a) A maximum width of ten
(10) feet; and
(b) A gross vehicle
weight not in excess of 160,000 pounds.
(3)
(a) A
manufacturer desiring to road test equipment shall submit a completed
Application for Annual Overweight or Overdimensional Permit, TC Form 95-25 to
the Division of Motor Carriers.
(b)
The application for a permit shall designate the model of the equipment and the
requested or intended route. A separate TC Form 95-25 shall be submitted or
required for each model, and each requested or intended route.
(c) The cost of each annual permit shall be
$250 dollars.
(d) A permit issued
to the manufacturer of self-propelled construction equipment shall be valid for
twenty-four (24) hours a day except that pursuant to the concerns cited in
Section 5 of this administrative regulation, the department may restrict
operation under the permit on Monday through Friday between 7 a.m. and 9 a.m.
and between 4 p.m. and 6 p.m.
Section 9. Length.
(1) A front overhang on a combination vehicle
shall be prohibited.
(2) A
manufactured home that has a combined length of the manufactured home and
towing vehicle greater than 120 feet shall not be towed upon a Kentucky
highway.
(3) A manufactured home
shall not exceed ninety (90) feet in length.
Section 10. Width.
(1) Prior to movement, a vehicle and load
with a width in excess of eight and a half (8 1/2) feet shall obtain an
overweight or overdimensional permit pursuant to
KRS
189.270(2).
(2) Prior to movement, a vehicle and load
with a width in excess of eight (8) feet traveling on routes not included on
the Designated National Truck Network shall obtain an overweight or
overdimensional permit except as provided in
KRS
189.2225(3).
(3) An annual permit shall not be issued for
the movement of an overweight or overdimensional load in excess of sixteen (16)
feet in width.
(4)
(a) A move of an overweight or
overdimensional load more than twelve (12) feet wide shall not be made on a
highway if a wind advisory has been issued by the National Weather Service;
or
(b) If adverse weather
conditions or road conditions would cause the move to be dangerous.
(5) A move of an overweight or
overdimensional load that is more than twelve (12) feet wide operating pursuant
to an annual permit shall be limited to highways of four (4) or more lanes and
to the shortest and best two (2) lane route designated by the Division of Motor
Carriers.
Section 11.
Power Unit Flag and Sign Requirements
(1) Red
or orange fluorescent flags that are a minimum of eighteen (18) inches square
(11,612.7 millimeters square) shall be displayed on each vehicle and load
operating under the provisions an overweight or overdimensional permit.
(a) A vehicle operating overwidth shall
display four (4) warning flags, one (1) at each of the four (4) corners. If a
portion of the load extends beyond the four (4) corners, additional flags shall
be displayed at the widest points of the load.
(b) A vehicle operating overlength, or with a
rear overhang, shall display two (2) warning flags located to indicate the
maximum width at the extreme rear of the vehicle or load.
(2) A vehicle exceeding twelve (12) feet
(3.65 meters) in width, or having front overhang shall display two (2) warning
signs.
(a) A warning sign shall be six (6) to
eight (8) feet in width stating "OVERSIZE LOAD" in black letters on a yellow
background.
(b) The black letters
shall be at least eighteen (18) inches high (11,612.7 millimeters) with a brush
stroke of at least one and four tenths (1.4) inches (35.56
millimeters).
(c) A warning sign
shall be displayed at the:
1. Front of the
power unit;
2. Rear of the towed
unit; or
3. Rear of the
load.
(3) If
a front overhang exceeds ten (10) feet (3.05 meters), an amber strobe or
flashing light shall be placed on the power unit of the towing vehicle and
shall be in use while the power unit is in operation.
(4) The lighting devices and reflectors
established in
49 C.F.R.
393.11 for pole trailers and projecting loads
shall be required.
(5) As a special
provision of the permit, and due to safety considerations, the Division of
Motor Carriers may require additional lighting or warning
flags.
Section 12.
Braking Requirements.
(1) The number, type,
size, and design of brake assemblies required to assist the towing vehicle in
controlling and stopping a manufactured home or boat shall be sufficient to
assure that the maximum stopping distance from an initial velocity of twenty
(20) miles per hour shall not exceed forty (40) feet.
(2) If required, a manufactured home not
equipped with brakes on all axles shall certify to law enforcement that the
towing unit has sufficient brake assemblies to meet the braking distance
specified in this section by producing:
(a) A
manufacturer's statement;
(b)
Documented technical data; or
(c)
An engineering analysis or its equivalent stating that the braking distance has
been met.
(3) The
certification shall be carried in the towing unit and presented upon request to
law enforcement.
Section
13. Escort Vehicle Safety Requirements.
(1) A required escort vehicle shall accompany
the overweight or overdimensional vehicle at a distance of 300 feet (91.44
meters) on open highways unless it is necessary to travel at a distance closer
or farther away from the vehicle accompanied for safety or due to road
conditions. An escort vehicle shall:
(a)
Maintain radio contact with the load;
(b) Have amber strobe lights or flashing
lights;
(c) Keep its headlamps lit
during transit; and
(d) Use a
height pole front escort if the escorted load is in excess of fourteen (14)
feet eleven (11) inches.
(2) A warning sign stating "OVERSIZE LOAD"
shall be displayed on a lead escort vehicle so that it is visible to oncoming
traffic for a vehicle and load with a width in excess of twelve (12)
feet.
Section 14.
Escorts required.
(1) A lead escort shall be
required on two (2) lane routes of travel if:
(a) The vehicle and load width is in excess
of twelve (12) feet.
(b) The
vehicle and load length is in excess of seventy five (75) feet; or
(c) The vehicle and load height is in excess
of fourteen (14) feet eleven (11) inches.
(2) A trail escort shall be required on two
(2) lane routes of travel if:
(a) The vehicle
and load width is in excess of twelve (12) feet;
(b) The vehicle and load length is in excess
of eighty five (85) feet; or
(c)
The vehicle and load do not maintain the posted speed limit.
(3) A lead escort shall be
required on four (4) lane routes of travel if:
(a) The vehicle and load width is in excess
of fourteen (14) feet; or
(b) The
vehicle and load height is in excess of fourteen (14) feet eleven (11)
inches.
(4) A trail
escort shall be required on four (4) lane routes of travel if:
(a) The vehicle and load width is in excess
of twelve (12) feet;
(b) The
vehicle and load length is in excess of 110 feet; or
(c) The vehicle and load width is in excess
of twelve (12) feet and does not maintain a speed of forty five (45) miles per
hour.
(5) Due to safety
considerations, the Division of Motor Carriers may require additional escort
vehicles as a special provision of the permit.
Section 15. House or Building Permits.
(1)
(a) An
application for a permit to move a house or building shall be made on House
Moving Application, TC Form 95-310, and submitted to the Division of Motor
Carriers via mail, hand delivery, or the motor carrier online permitting system
at the Division of Motor Carriers, Transportation Cabinet Building, 200 Mero
Street Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4 p.m., or
via fax at (502) 564-0992.
(b) The
mover shall provide all escorts and flagmen deemed necessary during the move to
ensure the safety of the public.
(2) A house moving permit shall not be issued
for the movement of a permanent building other than a portable storage unit on
a parkway or an interstate highway.
(3)
(a) The
Division of Motor Carriers shall contact the appropriate cabinet district
office for specific routing restrictions or local highway conditions prior to
the issuance of a house moving permit.
(b) Specific restrictions shall be identified
on the house moving permit and a deviation from the restrictions shall void the
house moving permit.
Section 16. Building Materials. A vehicle
hauling building materials to a home or home site may travel fifteen (15) miles
off of a state highway for purpose of delivery if the highway is classified to
carry the registered weight of the vehicle.
(1) The vehicle shall meet the requirements
and limits of its registration and also be within the axle weight limits. The
vehicle shall not be required to have a permit for overweight or over-length
dimensions.
(2) An operator shall
be required to provide a bill of lading either to vehicle enforcement, or to a
cabinet designee, while engaged in the transportation of home building
materials.
Section 17.
Permits for sealed, containerized, ocean-going cargo units.
(1) A vehicle moving a sealed, containerized,
ocean-going cargo unit that meets the requirements and limitations established
in
KRS
189.222,
189.270,
and Section 7 of this administrative regulation shall be eligible for an
overweight single trip or annual permit.
(2) An applicant for an overweight or
overdimensional single trip permit shall submit the following to the Division
of Motor Carriers:
(a) A completed Kentucky
Overweight or Overdimensional Permit Worksheet, TC Form 95-10;
(b) A payment of sixty (60) dollars pursuant
to
KRS
189.270(2);
(c)
1.
Either a copy of an international bill of lading signed by a custom's official;
or
2. An international bill of
lading with an equipment interchange and inspection report; and
(d) The seal number and container
number for the load.
(3)
An applicant for an overweight or overdimensional annual permit shall submit
the following to the Division of Motor Carriers:
(a) A completed Kentucky
Overweight/Overdimensional Permit Worksheet, TC Form 95-25;
(b) A payment of 250 dollars pursuant to
KRS
189.270(3); and
(c)
1.
Either an acknowledgement of possession of a copy of an international bill of
lading signed by a custom's official; or
2. An international bill of lading with an
equipment interchange and inspection report containing the seal number and
container number for each load.
(4) During transit, an operator shall have in
his or her possession either a copy of the international bill of lading signed
by a custom's official, or an international bill of lading with an equipment
interchange and inspection report containing the seal number and container
number for the load.
Section
18. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) " Kentucky
Overweight/Overdimensional Permit Worksheet", TC Form 95-10, February, 2017;
and
(b) "Application for Annual
Overweight or Overdimensional Permit", TC Form 95-25, September,
2014;
(c) "House Moving
Application", TC Form 95-310, August, 2012;
(d) "Overweight or Overdimensional Proposed
Route Survey", TC Form 95-625, February, 2017.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of Motor
Carriers, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky
40622, Monday through Friday, 8 a.m. to 4 p.m.
STATUTORY AUTHORITY:
KRS
189.270(6),
189.271(9)(b),
189.2715(1),
189.2717(1)