Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
177.9771,
189.230
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
177.9771(10) authorizes the
Secretary of the Transportation Cabinet to promulgate administrative
regulations necessary to administer the provisions of
KRS
177.9771,
177.9772,
177.979,
and
189.230.
KRS
177.9771(2) requires the
Secretary of the Transportation Cabinet to certify those public highways that
meet certain criteria as the extended weight coal or coal by-products haul road
system.
KRS
177.9771(1) requires that
roads that are currently, or have been in the past, state-maintained toll roads
always be included on the extended weight coal or coal by-products haul road
system.
KRS
189.230(2) authorizes the
Department of Highways to prescribe a gross vehicle weight limit for a bridge
lower than a limit prescribed in
KRS
177.9771 on a bridge that may be damaged or
destroyed to the point of catastrophic failure if gross vehicle weights exceed
certain limits.
KRS
177.9771(9) requires the
Transportation Cabinet Secretary to meet with certain local governing bodies
and consider the concerns of those bodies before adding to or deleting from the
extended weight coal or coal byproducts haul road system. This administrative
regulation establishes requirements for the extended weight coal or coal
by-products haul road system and associated bridge weight limits.
Section 1. Definitions.
(1) "AASHTO" means the American Association
of State Highway and Transportation Officials.
(2) "Catastrophic failure" means a failure
that is marked by sudden or unpredictable extreme damage.
(3) "CO" means county.
(4) "Coal by-product" means fly ash, bottom
ash, wet bottom boiler slag, scrubber sludge, burned coal waste (red dog), coal
slag, or coal cinders.
(5) "CR"
means a public highway, road, or street not maintained by the Kentucky
Department of Highways.
(6) "FROM"
means the beginning milepoint and terminus of a road segment on the extended
weight coal or coal by-product haul road system.
(7) "I" means an interstate and defense
highway maintained by the Kentucky Department of Highways.
(8) "KY" means a state numbered highway
maintained by the Kentucky Department of Highways.
(9) "LN" means line.
(10) "Local governing body" means the fiscal
court of a county, the city council or commission of a city of the first
through fourth classes, or the council of an urban county government.
(11) "P" means parallel bridge.
(12) "PKWY" means parkway.
(13) "TO" means the ending milepoint and
terminus of a road segment on the extended weight coal or coal by-product haul
road system.
(14) "TY I" means a
single unit truck consisting of two (2) single axles.
(15) "TY II" means a single unit truck
consisting of one (1) steering axle and two (2) axles in tandem
arrangement.
(16) "TY III" means a
single unit truck consisting of one (1) steering axle and three (3) axles in
tridem arrangement.
(17) "TY IV"
means a tractor-semitrailer combination with five (5) or more axles.
(18) "US" means a United States numbered
highway maintained by the Kentucky Department of Highways.
Section 2. Evaluation of Bridges.
(1) The department shall determine which
bridges on the extended weight coal or coal by-products haul road system may be
damaged or destroyed to the point of catastrophic failure by a vehicle
operating at the weight authorized by
KRS
177.9771 by using The Manual for Bridge
Evaluation.
(2) The load factor
method of analysis shall be used if a bridge is known to have been designed by
this method.
(3) If the allowable
stress method of analysis is used, the maximum allowable stress in steel
members shall not exceed seventy-five (75) percent of the yield strength of the
steel.
(4) If neither the load
factor nor allowable stress method of analysis can be used, the Department of
Highways shall conduct an on-site inspection to determine if the bridge shows
appreciable signs of deterioration or distress or otherwise poses a significant
hazard to the traveling public.
Section 3. Limiting Weight on Bridges. The
department shall use the guidelines in The Manual for Bridge Evaluation to set
a weight limit for a bridge deemed at risk of catastrophic failure pursuant to
KRS
189.230(2).
Section 4. Dimension Limits on the Extended
Weight Coal Haul Road System. A motor vehicle displaying a valid extended
weight coal haul decal or cooperative license plate issued pursuant to
KRS
177.9771 and being operated on a road segment
that is part of the Extended Weight Coal or Coal By-product Haul Road System
(EWCHRS) shall not exceed the dimension limits established in
603 KAR
5:070, Sections 3 and 4.
Section 5. The Extended Weight Coal and Coal
By-product Highway System and Limited Bridges.
(1)
(a) The
EWCHRS shall be:
1. Updated annually by
official order of the secretary and amended as necessary by official order;
and
(b) The cabinet shall provide a
copy of the list in paper form upon request.
(c) A paper copy may be viewed at a
Department of Highways district office or may be viewed, copied, or purchased
for ten (10) cents per page from the Division of Maintenance, Third Floor,
Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622.
The telephone number for the Division of Maintenance is (502) 564-4556, and the
hours of operation are 8 a.m. until 4:30 p.m., Eastern Time, Monday through
Friday.
(2) The bridges
identified on the Transportation Cabinet Web site and by official order of the
secretary shall:
(a) Be those bridges that
have been determined by the department to be at risk of damage or destruction
to the point of catastrophic failure; and
(b) Have a weight limit
established.
Section
6. Restricted Bridge Use. A person shall not operate, or knowingly
cause to be operated, a vehicle on a bridge listed on the Web site and in the
official order if the vehicle's gross weight exceeds the weight limit
established for that bridge.
Section
7. Bridge Posted Weight Limits. In accordance with
KRS
189.230(3), the Department
of Highways shall post the gross vehicle weight limits for each bridge included
on the EWCHRS.
Section 8.
Additional Bridge Restrictions. A person shall not operate, or knowingly cause
to be operated, a vehicle on a bridge on the extended weight coal or coal
by-products haul road system if the vehicle's gross weight exceeds the limit
established by a notice posted pursuant to
KRS
189.230(3).
Section 9.
(1) A resolution of a local governing body
making a recommendation to the secretary, pursuant to
KRS
177.9771(9), shall be
submitted to Secretary of Transportation, Transportation Cabinet Building, 200
Mero Street, Frankfort, Kentucky 40622.
(2) The resolution shall set forth:
(a) A specific description of the road or
road segment under consideration; and
(b)
1. A
specific description of the inherent and definite hazardous condition; or
2. The factors that may create a
special condition.
Section 10. Incorporation by Reference.
(1) "The Manual for Bridge Evaluation", 2008
edition, is incorporated by reference.
(2)
(a) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Transportation Cabinet, Department of Highways, Division of
Maintenance, Third Floor, Transportation Cabinet Building, 200 Mero Street,
Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. until 4:30 p.m.,
eastern time.
(b) A copy of "The
Manual for Bridge Evaluation", 2008 edition, may also be obtained, subject to
applicable copyright law, from the American Association of State Highway and
Transportation Officials, 444 North Capitol Street, N.W., Suite 225,
Washington, D.C. 20001.
STATUTORY AUTHORITY:
KRS
177.9771(1), (2), (9),(10),
189.230(2)
