Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
189.221,
189.222,
189.271
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
189.271 empowers the Transportation Cabinet
to promulgate administrative regulations to implement the provisions as set
forth therein for the issuance of a special permit to the owner, operator, or
lessee of a motor vehicle for the purpose of hauling industrial materials whose
gross weight, or dimensions, including vehicle and load, exceeds the limits set
forth in or fails to comply with the requirements of KRS Chapter 189.
Section 1. Application.
(1) All applications for an industrial haul
permit authorized by
KRS
189.271 shall be on forms prescribed and
furnished by the Transportation Cabinet. Such forms shall be available at any
highway district office.
(2) An
application for an industrial haul permit shall be submitted to the highway
district office having jurisdiction over the major portion of the proposed haul
routes and shall be accompanied by a transportation plan.
(3) The transportation plan shall be prepared
and submitted by the applicant and shall indicate and identify by route number
the highways on the state maintained road system over which the applicant will
transport industrial materials.
Section 2. Bond Requirements.
(1) Industrial haul permit applicants who are
and remain in good standing with the cabinet shall not be required to post
bond.
(2) An industrial haul permit
applicant shall not be in good standing and shall be subject to the performance
bond requirement set forth in subsection (4) of this section if any of the
following occurs:
(a) If any operator of a
vehicle owned or leased by an industrial haul permit holder deviates from an
existing transportation plan or violates any of the safety provisions
identified in Section 5 of this administrative regulation; or
(b) If any operator of a vehicle owned or
leased by an industrial haul permit holder is convicted under
KRS
189.990(2)(a) two (2) or
more times within a five (5) year period.
(3) If an applicant is required to post a
performance bond, the following shall apply:
(a) The applicant shall be the principal
obligor on any required industrial haul performance bond and the Commonwealth
of Kentucky shall be the obligee.
(b) The bond amount shall be determined by
the cabinet and shall not exceed $6,000 per vehicle.
(c) The applicant may file a surety bond,
corporate bond or self-insured bond subject to the following:
1. An applicant wishing to post a corporate
or self-insured bond shall submit an affidavit from an independent financial
institution verifying that the applicant has permanent net assets located in
Kentucky with a total value of $500,000 or more;
2. In the event the applicant's liability is
discharged upon a performance bond, the cabinet may require the filing of a new
bond; and
3. An existing industrial
haul permit bond may be carried forward and applied to a revised or renewed
industrial haul permit provided the cabinet has not gone against the bond, and
provided there has not been a violation of the safety provisions set forth in
Section 5 of this administrative regulation.
Section 3. Permit Terms and
Conditions.
(1) An industrial haul permit
shall be valid for a period not to exceed three (3) years from the date of
issuance.
(2) A separate permit
shall be issued for each vehicle upon receipt of the permit fee.
(a) A twenty (20) dollar annual fee shall be
paid in advance for each truck at the time the permit application is filed. The
applicant shall have the option of taking a permit for a one (1), two (2), or
three (3) year period, but shall pay the annual fee for all years covered by
the permit in advance (sixty (60) dollar fee for a three (3) year permit);
and
(b) The fee set forth in
paragraph (a) of this subsection shall be made payable to the
cabinet.
(3) An existing
industrial haul permit may be renewed provided the permit holder and all
operators of vehicles owned or leased by the applicant have complied with all
the terms and conditions of the original industrial haul permit, permit
application, and transportation plan.
(4) An industrial haul permit transportation
plan may be revised at any time during the permit period, by sending a revised
transportation plan to the same highway district office where the original
application was filed subject to the requirements in subsection (5) of this
section and Section 5 of this administrative regulation.
(5) Vehicles permitted pursuant to this
administrative regulation shall comply with legal bridge weight limits. A
permitted vehicle may exceed the legal bridge weight limits only upon approval
from the cabinet. This requirement is applicable to a revised plan as well as
the original transportation plan.
(a) A permit
holder wishing to exceed legal bridge weights on the submitted transportation
plan shall:
1. Submit a written request
attached to the permit application form; and
2. Set forth the specific bridge or bridges
whose limits they wish to exceed by route and mile-points.
(b) The cabinet shall:
1. Analyze the bridge weight capacity;
and
2. Issue the permit or notify
the applicant it has been denied based on bridge weight capacity within
fourteen (14) days from the date the application is received in the highway
district office.
(6) An industrial haul permit holder may
change the designated industrial material to be hauled anytime at no additional
cost.
Section 4. Weight
Restriction. A holder of an industrial haul permit issued by the cabinet shall
not allow a vehicle owned or leased by them to exceed the gross weight for a
vehicle as provided for in
KRS
189.222.
Section 5. Additional Conditions. Any
industrial haul permit issued by the cabinet allowing for a variance in either
height, width or length dimensions from the provisions in
KRS
189.222, shall be restricted to use on the
roads set forth in
603 KAR
5:070 and shall be conditioned upon compliance with
KRS Chapter 189,
601 KAR
1:005 and
601
KAR 1:018. The cabinet may deny or revoke a permit if
an owner or operator of the permitted vehicle is in violation of any of these
provisions.
Section 6. Any
deviation from the transportation plan as submitted by the permit holder,
without notice to the cabinet, shall be sufficient cause for the cabinet to
revoke an industrial haul permit.
Section
7. Incorporation by Reference.
(1) The following forms are incorporated by
reference:
(a) TC 71-201, Industrial Haul
Permit Application, revised February 2001, one (1) page;
(b) TC 71-202, Industrial Haul Permit
Performance Bond, revised February 2001, one (1) page;
(c) TC 71-203, Industrial Haul Permit Release
from Bond, revised February 2001, one (1) page;
(d) TC 71-204, Truck Information, revised
February 2001, one (1) page;
(e) TC
71-207, Industrial Haul Permit Self-insured Performance Bond, revised February
2001, one (1) page; and
(f) TC
71-208, Industrial Haul Permit Self-insured Performance Bond Affidavit, revised
July 2000, one (1) page.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of Motor
Carriers, State Office Building, 3rd Floor, 501 High Street, Frankfort,
Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. The telephone number
is (502) 564-4540.
STATUTORY AUTHORITY:
KRS
174.080,
189.271
