Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 45A,177.0734-177.0738
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
177.0736 and
177.0738
require the Commissioner of the Department of Highways to promulgate
administrative regulations for the erection of specific service signs on fully
controlled access highways and at interchanges on partially controlled access
highways. This administrative regulation establishes the criteria to be
followed in the erection and maintenance of specific service signs and attached
logo signs.
Section 1. Definitions.
(1) "Clear zone" means the area beginning at
the edge of the traveled way that is available for safe use by errant
vehicles.
(2) "Contractor" means
the entity selected by the Department of Highways pursuant to KRS Chapter 45A
and
600
KAR 6:070 to administer the specific service signing
program in Kentucky. The activities of a contractor include:
(a) Marketing;
(b) Determining business
eligibility;
(c) Maintenance,
erection, and removal of the specific service signs; and
(d) Installation and removal of logo
signs.
(3) "Contract
year" means a fiscal year that is July 1 through the following June
30.
(4) "Cover" means to place a
protective shield over a logo sign to prohibit viewing of the sign.
(5) "Fully controlled access highway" is
defined by
KRS
177.0734(1).
(6) "Highway guide sign" means an official
highway sign that is erected by the Department of Highways to:
(a) Give directions;
(b) Furnish advance notice of the approach to
an intersection or interchange;
(c)
Direct drivers into appropriate lanes;
(d) Identify a route;
(e) Indicate the distance to a destination;
or
(f) Provide information or
assistance to the traveling public including:
1. Motorist services;
2. Rest areas;
3. Scenic areas; or
4. Recreational areas.
(7) "Interchange" means a system
of interconnecting roadways providing for traffic movement between two (2) or
more highways that do not intersect at grade.
(8) "Logo signs" is defined by
KRS
177.0734(2).
(9) "Motorist service" means a place of
business providing one (1) or more MUTCD eligible service such as gas, food,
lodging, tourist attractions, or camping facilities.
(10) "MUTCD" means Manual on Uniform Traffic
Control Devices incorporated by reference in
603 KAR
5:050.
(11) "Partially controlled access highway" is
defined by
KRS
177.0734(4).
(12) "Specific service signs" is defined by
KRS
177.0734(3).
(13) "Trailblazing sign" means a sign that
provides directional guidance to a particular cultural or recreational site
from other highways in the vicinity.
Section 2. General Provisions.
(1) The Commissioner of the Department of
Highways shall authorize the placement of specific service signs with logo
signs within the right-of-way of fully controlled and partially controlled
access highways.
(2) The Department
of Highways shall control the erection and maintenance of specific service and
logo signs in accordance with the MUTCD.
Section 3. Application and Contracts for
Specific Service Signs. A business shall apply with the cabinet's contractor
for a logo or specific service sign.
Section
4. Location and Erection of Specific Service Signs.
(1) A specific service sign shall be located
and erected according to the MUTCD in Section 2J
(2) At an interchange with a request for more
types of services than signs permitted by the MUTCD, service signing priority
shall be in the order "gas", "food", and "lodging", with the remaining services
and attractions determined by distance from the interchange.
(3) If there is sufficient space available in
a single direction for the maximum number of specific signs permitted by the
MUTCD, the signs closest to the interchange shall be for "gas", "food", and
"lodging".
(4) A specific service
sign shall be located to avoid visual conflict with other signs within the
highway right-of-way.
(5) Specific
service signs that have unprotected sign supports located within the clear zone
shall be of a breakaway design.
(6)
If a business ceases to exist or is not in operation for thirty (30) days, the
logo sign shall be immediately covered or removed by the contractor.
(7) A business that operates on a seasonal
basis shall remove or cover a permitted logo sign during the off season and
shall notify the Department of Highways' contractor in writing thirty (30) days
before the opening or closing occurs.
Section 5. Business Criteria, Eligibility,
and Priority.
(1) A motorist service business
shall be eligible for placement of a logo sign on a specific service sign as
established in the MUTCD, Section 2J.
(2) An applicant that applies for a FOOD logo
and meets MUTCD requirements shall be designated a tier two (2)
applicant.
(3) In an urban area
where space for a logo sign is limited or where logo signs are full, an
applicant for a logo sign that meets all the following requirements shall be
designated a tier one (1) applicant:
(a) Is in
continuous operation fourteen (14) hours a day, six (6) days a week;
(b) Has a seating capacity for a minimum of
fifty (50) guests at sit-down, eat-in service; and
(c) Is located within three (3) miles of the
interchange.
(4)
(a) An application for a logo shall be
processed in the order received if space is available on the specific service
sign.
(b) If a logo sign is full,
an applicant shall be placed on a waiting list.
(c) A business that is fifteen (15) miles
(24.15 kilometers) or more from the interchange shall not qualify for placement
of a logo sign.
(d) A business that
is fifteen (15) miles (24.15 kilometers) or more from the interchange with a
logo sign in place on January 1, 1994, may continue to display the logo sign
until the business fails to meet MUTCD criteria.
(5) A business offering more than one (1)
motorist service may display a LOGO on more than one (1) specific service sign
if space is available.
Section
6. Duration.
(1) A motor service
vendor, except for a food vendor, that obtains a logo shall retain that logo
until the motor service vendor no longer pays its annual fee or no longer meets
MUTCD requirements.
(2) An eligible
food business with a higher tier pursuant to Section 5 of this administrative
regulation, shall be permitted to display its sign at the beginning of the next
contract year, in the place of a currently displayed, lower tiered business if:
(a) The specific service sign is fully
utilized; and
(b) It files an
application by April 1;
(3) The food business with the lower tier
that is the greatest distance from the interchange shall have its logo sign
removed at the end of the current contract year.
(4) If more than one (1) applicant applies
for an available space for a food logo, the applicant who applied first shall
receive the logo.
Section
7. Fees.
(1)
(a) The qualifying business shall pay to the
cabinet's contractor an annual fee of $600 per direction, in advance, for each
logo sign placed on the fully controlled access highway for gas, food, and
lodging and $300 for camping and tourist attractions.
(b) The annual fee for the first year shall
accompany the initial application.
(c) If the first contract is for less than
one (1) year, the first year's annual fee shall be prorated on a monthly basis
with each portion of a month the logo sign is up requiring payment of
one-twelfth (1/12) of the fee.
(d)
The annual fee and application for renewal shall be due forty-five (45) days
prior to the annual renewal date.
(e) The payment of this fee shall guaranty
that the logo sign shall be displayed for one (1) contract year or portion of
the first contract year as long as the business is not in violation of its
agreement with the Department of Highways' contractor or the criteria
established in the MUTCD.
(2) If a sign for a business is removed or
covered, a fee of $100 shall be charged for the re-installation or uncovering
of the sign for each business at each interchange.
(3) The qualifying business shall be
responsible for damage to its logo sign caused by an act of vandalism or
natural causes requiring repair or replacement of a logo sign.
(4) The qualifying business shall provide a
new or renovated logo sign if the displayed sign:
(a) Would misinform the traveling
public;
(b) Is badly faded or in a
state of dilapidation; or
(c) Is in
need of repair or replacement due to natural causes or an act of
vandalism.
Section
8. Trailblazing Signs for Campgrounds.
(1) A campground fifteen (15) miles (24.15
kilometers) or less from the centerline of a fully controlled access highway
shall be eligible for a new trailblazing sign.
(2) One (1) specific service trailblazing
sign with a logo may be erected for each business, and the sign shall be placed
a minimum of 300 feet (91.5 meters) in advance of the intersection from which
the camping service is available.
(3) A trailblazing sign shall not be erected
or displayed if the applicant business is visible within 300 feet (91.5 meters)
of the intersection on the fully controlled access highway.
Section 9. Measurements.
Measurements shall be taken from the end of the exit ramp to the main entrance
of the business in the selection of a qualified business for a logo
sign.
Section 10. Logo Sign
Contract.
(1)
(a) A logo sign and contract shall be subject
to review by the Transportation Cabinet.
(b) A contract shall be revoked for a failure
to comply with the requirements established in the MUTCD or in this
administrative regulation including nonpayment by a participating
business.
(c) If a contract is
revoked for cause, the prepaid fees for a contract year or a portion thereof
shall not be refunded.
(2) The Department of Highways' contractor
shall notify the business in writing of a violation.
(3) The Department of Highways contractor
shall take immediate action to cancel the contract and remove, replace, or
cover the logo signs if a business has been issued a second notice of
noncompliance within a single contract year.
Section 11. Appeal to the Commissioner of
Highways for Exemption.
(1) The Commissioner
of Highways shall grant an exemption to a business from the necessity of
complying with a requirement established in this administrative regulation if:
(a) The exemption is in the public interest;
and
(b) The business conforms to
the Federal Highway Administration standards for specific service
signs.
(2) In qualifying
for a logo sign, a business that conforms to MUTCD requirements and the
requirements established in this administrative regulation shall be given a
preference over a business not conforming to the requirements.
(3) An appeal by a business of the denial of
a request for an exemption shall be filed as established in Section 13 of this
administrative regulation.
Section
12. Encroachment Permits. The Department of Highways' contractor
shall apply for an encroachment permit pursuant to
603 KAR
5:150 for a specific service sign proposed to be
erected, modified, or removed from state-owned right-of-way.
Section 13. Appeal of Department of Highways
Action.
(1) A business or person aggrieved by
the action taken by the Department of Highways or its contractor in
administering this administrative regulation may request a formal hearing
before the Commissioner of the Department of Highways.
(2) The request for a formal hearing shall:
(a) Be filed in writing to the Commissioner,
Department of Highways, 200 Mero Street, Frankfort, Kentucky 40622;
and
(b) State the nature of the
complaint and the grounds for the appeal.
(3)
(a) The
Office of Legal Services for the Transportation Cabinet shall assign the matter
to a hearing officer.
(b) The
hearing officer shall issue a recommended order to the Commissioner of the
Department of Highways.
(c) The
Commissioner of the Department of Highways shall issue a final order in the
matter.
(4) A party
aggrieved by the final order of the Department of Highways may appeal. The
appeal shall be in accordance with the provisions of
KRS
13B.140.
STATUTORY AUTHORITY:
KRS
177.0736,
177.0738,
177.0739
The
repealed version of this section by
48
Ky.R. 1359; eff. 12/13/2021 is not yet
available.