Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
KRS
189.222,
189.270,(4),
281.010(1)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
189.271(9)(b) authorizes the
cabinet to promulgate administrative regulations establishing the requirements
to issue a permit for the movement of a divisible or nondivisible load
exceeding legal weights and dimensions.
KRS
189.270(6) requires the
cabinet to establish safety requirements for the escort vehicles accompanying
an overweight or overdimensional vehicle. This administrative regulation
establishes the requirements for the issuance of single and annual permits for
overweight and over-dimensional farm equipment. This administrative regulation
establishes the safety requirements for escort vehicles accompanying farm
equipment and exempts certain farm equipment movements from the requirement of
obtaining an over-dimensional permit, but retains the associated safety
requirements.
Section 1. Definitions.
(1) "Convoy" means multiple pieces of farm
equipment moving in a continuous stream and travelling together for safety and
convenience.
(2) "Farm equipment"
means machinery, an implement, or a vehicle used exclusively in a farm or
agriculture operation including non registered self-propelled farm
equipment.
(3) "Fully controlled
access highway" means a highway that:
(a)
Gives preference to through traffic;
(b) Has access only at selected public roads
or streets; and
(c) Has no highway
grade crossing or intersection.
(4) "Nondivisible load" means a load 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 eight (8) work hours to
dismantle using appropriate equipment.
(5) "Overdimensional" means the motor vehicle
exceeds the dimension limits established in
603 KAR
5:070.
(6)
"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.
(7)
"Self-propelled farm equipment" means a non registered vehicle used exclusively
in a farm or agricultural operation that is capable of movement on its own
power.
(8) "Toll road" means any
project constructed under the provisions of
KRS
175.450 or
177.390
through
177.570
on which a toll is collected or was in the past collected by the Transportation
Cabinet.
Section 2.
Overweight or Overdimensional Permit Not Required.
(1) An overweight or over-dimensional permit
shall not be required for the transport of overweight or overdimensional farm
equipment or self-propelled farm equipment from:
(a) One farm to another;
(b) A farm to a repair shop or dealer;
or
(c) A repair shop or dealer to a
farm.
(2) A non
permitted move shall comply with the safety requirements of this administrative
regulation.
Section 3.
Overweight or Overdimensional Annual or Single Trip Permit Required.
(1) An overweight or overdimensional annual
or single trip permit shall be required if a move is from a:
(a) Manufacturer to a dealer;
(b) Dealer to a manufacturer; or
(c) Dealer to a dealer.
(2) An overweight or overdimensional annual
or single trip permit shall be required for the movement of farm equipment on:
(a) A fully controlled access
highway;
(b) A toll road parkway;
or
(c) An interstate
highway.
(3) The cabinet
shall consider the following to make the determination on an overweight or
overdimensional single or annual permit 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;
(f) The proximity of schools to the route;
and
(g) Another condition that
would unduly compromise public safety and convenience.
Section 4. Overweight or
Overdimensional Single Trip Permits.
(1)
(a) An overweight or overdimensional single
trip permit shall be issued for the movement of farm equipment or self
propelled farm equipment if a load is non divisible farm equipment exceeding
the weight or dimensions established in
KRS
189.222 or
189.270(3) and
(4).
(b) The cabinet shall restrict the movement
or deny the overweight or overdimensional permit if the movement may cause
damage to property or may be detrimental to public safety or
convenience.
(2) The
permit fee for the cabinet to issue an overweight or overdimensional single
trip permit shall be as established in
KRS
189.270(2).
(3)
(a) An
applicant for an overweight or overdimensional single trip permit shall submit
to the Division of Motor Carriers a completed Kentucky Overweight or
Overdimensional Permit Worksheet, TC Form 95-10.
(b) An application received after 3 p.m.,
Eastern standard time, shall not be processed until the following business
day.
Section
5. Overweight or Overdimensional Annual Permits.
(1) An overweight or overdimensional annual
permit shall be issued by the cabinet for the movement of farm equipment or
self propelled farm equipment as established in
KRS 189.270(3)
and (4).
(2) The permit fee for the cabinet to issue
an overweight or overdimensional annual permit shall be as established in
KRS 189.270(3)
and (4).
(3) An applicant for an overweight or
overdimensional annual permit shall submit to the Division of Motor Carriers a
completed Application for Annual Overweight or Overdimensional Permit, TC Form
95-25.
Section 6.
Overweight or Overdimensional Permits for Self-propelled Farm Equipment.
(1) Self-propelled farm equipment shall not
operate on a:
(a) Toll road;
(b) Parkway; or
(c) Interstate highway.
(2) Self-propelled farm equipment shall be
issued an overweight or overdimensional single trip or annual permit to operate
on a fully-controlled access highway if the movement:
(a) Does not create an unreasonable impedance
of the flow of traffic; and
(b) Is
accompanied by the applicable escort vehicle, if required, as established in
Section 7 of this administrative regulation.
Section 7. Escort Vehicles for Farm
Equipment.
(1) General escort vehicle
requirements.
(a) A lead escort vehicle
operating on a two (2) lane highway may serve as a tow vehicle.
(b) The distance requirement for an escort
vehicle to lead or trail an overweight or overdimensional farm equipment shall
be 300 feet (91.44 meters), but the distance may vary if necessary due to
safety or road conditions.
(c) An
escort vehicle shall keep its headlights on during an escort.
(d) A single vehicle and load that do not
exceed forty-five (45) miles per hour operating on a four (4) lane highway
shall have at least one (1) trail escort.
(2) A single vehicle and load in excess of
twelve (12) feet in width:
(a) Operating on a
two (2) lane highway, shall have at least one (1) lead escort vehicle;
and
(b) Operating on a four (4)
lane highway, shall have at least one (1) trail escort vehicle.
(3) A single vehicle and load in
excess of eighty-five (85) feet in length operating on a two (2) lane highway,
shall have at least one (1) lead vehicle.
(4) A single vehicle and load 120 feet in
length or more operating on a four (4) lane highway, shall have at least one
(1) trail vehicle.
(5) Convoy. More
than one (1) farm equipment vehicle and load, exceeding twelve (12) feet in
width or exceeding eighty-five (85) feet in length, being operated as a convoy
on a two (2) lane highway, shall have at least one (1) lead vehicle for the
total convoy.
Section 8.
Sign, Flag, and Lighting Requirements. An overweight or overdimensional vehicle
or its escort shall bear a sign declaring that the vehicle is oversized or
shall use lights, flashers, or flags.
(1)
Signage. A sign shall:
(a) Be at least six (6)
to eight (8) feet in width;
(b)
State "Oversize Load";
(c) Have
black letters on a yellow background. The black letters shall be at least
eighteen (18) inches tall (11,612.7 millimeters) with a brushstroke of at least
one and four-tenths (1.44) inches (35.56 millimeters) wide; and
(d) Be displayed so that the sign shall be
visible to traffic.
(2)
Flags. A flag shall be:
(a) Red or fluorescent
orange;
(b) At least eighteen (18)
inches (11,612.7 millimeters) square;
(c) Displayed at the widest point of the load
or on the escort vehicle.
(3) Lights. Lights shall be:
(a)
1. Amber
oscillating; or
2. Flashing;
and
(b) Visible from the
rear.
Section
9. Travel Restrictions.
(1) The
movement of farm equipment or self-propelled farm implements in excess of
twelve (12) feet in width shall not be made on a highway if adverse weather or
road conditions will cause the move to be dangerous.
Section 10. Height and Weight Requirements.
(1) A nonexempt farm vehicle and load with a
height in excess of thirteen (13) feet, six (6) inches shall obtain a
single-trip overweight or overdimensional permit pursuant to
KRS
189.270(2) prior to
movement.
(2) The maximum height
for each single-trip overweight or overdimensional permit shall be determined
by the cabinet based on bridge and underpass height along the designated
route.
(3) Gross or axle overweight
shall not be permitted on a nonexempt farm vehicle with the following
configuration:
(a) A combination unit of less
than five (5) axles; or
(b) A
single unit.
(4) To be
issued an overweight or overdimensional permit, a vehicle shall have a declared
gross weight of at least 80,000 pounds.
(5) The weight on a single axle in a
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-wheel axle:
24,000 pounds;
(b) Steering axle:
20,000 pounds;
(c) Tandem
dual-wheel axle group if the combination vehicle has only five (5) axles total:
45,000 pounds;
(d) Tandem
dual-wheel axle group if the combination vehicle has six (6) or more axles
total: 48,000 pounds;
(e) Tridem
dual-wheel 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;
(h) Seven (7) axle combination units not
exceeding 160,000 pounds gross weight; or
(i) Trunnion axle group maximum gross weight
as determined by the bridge weight formula established in
603 KAR
5:066, Section 2(7).
(6) The maximum weight shall not be
permitted, unless all bridges and roads on the moving route have sufficient
capacity to accommodate the load.
Section 11. Responsibility of the Overweight
or Overdimensional Permit Holder.
(1)
(a) Damage to the highway, signs, guardrails,
or other public or private property caused by the transportation of the farm
equipment shall be the responsibility of the overweight or overdimensional
permit holder.
(b) An overweight or
overdimensional permit holder shall either repair the damage incurred or pay
for the repair.
(c) An overweight
or overdimensional permit holder shall not cut, trim, remove, or relocate a
tree, shrub, guardrail highway sign, or other object on the highway
right-of-way without the written approval of the chief district engineer or
designee in the district office where the property is physically
located.
(2) An
applicant shall be responsible for providing accurate information and reviewing
the permit prior to travel on Kentucky highways.
Section 12. Duplicate 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 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 shall be allowed for each annual overweight or
overdimensional permit during the permit's effective year.
(3) An additional transfer of an annual
overweight or overdimensional permit shall be subject to the fees established
in
KRS
189.270.
(4) An original overweight or overdimensional
permit shall be returned to the Division of Motor Carriers prior to the
transfer of an annual overweight or overdimensional permit.
Section 13. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Application
for Annual Overweight or Overdimensional Permit", TC Form 95-25, December 2011;
and
(b) "Kentucky Overweight or
Overdimensional Permit Worksheet", TC Form 95-10, December 2011.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622.
This material may also be obtained by accessing the cabinet's Web site at
http://transportation.ky.gov/.
STATUTORY AUTHORITY:
KRS
189.270(6),
189.271(9)(b),
189.2717(1)