Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
177.9771,
177.979,
189.230,
351.175(6),
350.060(11)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
177.979 provides for the Department of
Highways to enter into cooperative agreements for the transportation of coal.
This administrative regulation is necessary to define procedures, requirements,
and limitations for cooperative agreements.
Section
1. Applications for Cooperative Agreements.
(1) Any person engaged in the mining,
processing, transporting, or sale of coal who desires to enter into a
cooperative agreement pursuant to
KRS
177.979 for the transportation of coal in
vehicles exceeding the maximum weight limits on state-maintained highways shall
apply to the Department of Highways for a cooperative agreement. Application
forms shall be prescribed by the Department of Highways and may be obtained
from any highway district office or the department's Division of Maintenance in
Frankfort, Kentucky.
(2) The
application form prescribed by the Department of Highways shall require such
information as is necessary to identify the applicant and each segment of state
maintained highway which the applicant proposes to utilize. The application
shall be accompanied by a copy of the certified transportation plan obtained by
the applicant pursuant to
601 KAR
35:020 for the route or routes to be included in the
agreement. The application must also be accompanied by a list of vehicles to be
used to transport coal pursuant to the cooperative agreement. The following
information must be provided for each vehicle:
(a) Vehicle owner;
(b) Current registration number;
(c) Vehicle identification number;
(d) Vehicle make and year;
(e) Vehicle type (tandem, tridem, or
tractor).
(3) The
application shall be submitted to the chief district engineer for the highway
district in which the transportation of coal originates.
Section 2. Negotiation of Cooperative
Agreements.
(1) Upon receipt of proper
application the Department of Highways shall meet with the applicant to
negotiate the terms and conditions of the agreement. An equitable apportionment
of the incremental costs to the Department of Highways of the proposed coal
transportation shall be provided by the agreement based upon, but not limited
to, the following factors:
(a) The cost of
surface design, maintenance, construction and reconstruction;
(b) The cost of shoulder design, maintenance,
construction and reconstruction;
(c) The cost of bridge design, maintenance,
construction and reconstruction;
(d) The tonnage of coal to be
shipped;
(e) The types and number
of vehicles to be used;
(f) Other
pertinent factors related to the transportation of coal at extended weights on
the roads to be included in the agreement.
(2) When agreement is reached, the Department
of Highways shall enter into the cooperative agreement with the applicant. Upon
execution of the agreement the Department of Highways shall issue a certificate
of identification to the applicant for each vehicle to be operated pursuant to
the agreement.
Section
3. Limitations and Requirements.
(1) Cooperative agreements are applicable
only for the transportation of coal.
(2) All trucks operating pursuant to
cooperative agreements must be registered with a declared gross weight of
80,000 pounds.
(3) Any vehicle
being operated pursuant to a cooperative agreement must at all times contain a
copy of the certificate of identification issued pursuant to Section 2 of this
administrative regulation.
(4) If a
truck is exempted from the payment of registration and decal fees pursuant to
KRS
177.9771(4)(g), it may be
operated on the roads covered by the agreement in accordance with the terms of
the agreement; it may be operated on roads not covered by the agreement only if
empty.
(5) No person shall load or
knowingly cause to be loaded or operate or knowingly cause to be operated any
vehicle in excess of the weight limits specified in the cooperative
agreement.
(6) No person shall
operate or knowingly cause to be operated, on any bridge posted pursuant to
KRS
189.230, any vehicle which weighs in excess
of the posted weight limit of said bridge.
(7) Only state maintained roads may be
included in cooperative agreements with the Department of Highways.
Section 4. Existing Cooperative
Agreements. The Department of Highways will honor all existing cooperative
agreements entered into by the Department of Vehicle Regulation pursuant to
KRS
177.979 prior to April 1, 1987.
Section 5. Effective Date. The effective date
of this administrative regulation is April 1, 1987.
STATUTORY AUTHORITY:
KRS
177.9771