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--- version:Acts Chapter 133+++ version:(document, no version)@@ -1,471 +1,21 @@-CHAPTER 133-Legislative Research Commission PDF Version+HOUSE OF REPRESENTATIVES-1-CHAPTER 133-( SB 30 )-AN ACT relating to motor vehicles.-Be it enacted by the General Assembly of the Commonwealth of Kentucky:-Section 1. KRS 190.058 is amended to read as follows:-(1) The Motor Vehicle Commission is hereby created as an agency of the Commonwealth to carry out the-functions and duties conferred upon it by this section.-(2) The commission shall consist of twelve (12) members, eleven (11) of whom shall be appointed by the-Governor, and the twelfth shall be the commissioner of the Department of Vehicle Regulation. The appointed-members shall be:-(a) One (1) representative of an automobile manufacturer;-(b) One (1) representative of automobile wholesalers;-(c) One (1) representative of consumers who shall have no direct financial interest in the industry;-(d) Four (4) new motor vehicle dealers, but no more than two (2) shall represent the same automobile-manufacturer as a franchise dealer; and-(e) Four (4) used motor vehicle dealers.-(3) In addition to the requirements of membership on the commission in subsection (2) of this section , the-following requirements shall apply to the composition of the commission:-(a) No more than seven (7) members shall be from the same political party; and-(b) From the eight (8) members specified in subsection (2)(d) and (e) of this section , seven (7) shall be-from separate Supreme Court districts.-(4) Each member shall serve for a term of three (3) years. The staggered terms of membership dating from the-gubernatorial appointments of July 15, 1982, shall remain in effect.-(5) (a) Members of the commission shall qualify by taking the constitutional oath of office which shall, with-the certificate of appointment, be evidence of the authority of the memb er to act.-(b) Each member of the commission shall be entitled to two hundred dollars ($200) per day for each day-actually engaged in the duties of the office, including time spent in necessary travel to and from-meetings and otherwise, together with all t ravel and other necessary expenses incurred while-performing official duties.-(6) The commission shall hold a regular annual meeting in September of each year and elect a-chairperson[chairman] and vice chairperson[chairman] to serve for the ensuing year. T he commission shall-have regular meetings as the majority of the members specifies and special meetings at the request of any five-(5) members. Reasonable notice of all meetings shall be given as commission administrative regulations-prescribe.-(7) A member of the commission shall not participate in the deliberations of the commission and shall not vote on-any matter before the commission in which the member has a financial interest or is an interested party. A-member shall voluntarily disqualify himse lf or herself from deliberating or voting upon matters that affect the-member but shall not be required to disqualify from matters of general interest affecting the member, the-member's employer, or a business unit in which the member has a financial inter est as a member of a class of-persons to be affected by an administrative regulation or order of the commission.-(8) A majority of the commissioners, excluding any disqualified commissioner, shall constitute a quorum for the-transaction of any business, fo r the performance of any duty, or for the exercise of any power of the-commission. A vacancy in the commission, whether due to disqualification or otherwise, shall not impair the-right of the remaining commissioners to exercise all the powers of the commis sion.-(9) The commission shall employ an executive director who shall be the chief administrative officer of the-commission. The executive director [He] shall maintain all minutes of the commission proceedings and shall-ACTS OF THE GENERAL ASSEMBLY 2-be custodian of the files and records of the commission. The executive director shall employ the staff-authorized by the commission. The commission may, by interagency contract, utilize assistance of any state-agency.-(10) (a) There is hereby created in the state treasury a trust and agency a ccount to be known as the motor-vehicle commission fund. The fund shall consist of all license fees paid to the commission under this-chapter, state appropriations, gifts, grants, and federal funds.-(b) The fund shall be administered by the commission.-(c) Amounts deposited in the fund shall be used for carrying out the duties of the commission under this-chapter.-(d) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse-but shall be carried forward into the nex t fiscal year [The commission shall deposit all moneys-received by it from license fees paid under this law with the State Treasurer, who shall keep them in a-separate fund to be known as the "Motor Vehicle Commission Fund." The commission may use this-fund for salaries, wages, per diem, professional and consulting fees, grants, loans, contracts, travel-expenses, equipment, office rent and expenses, and other necessary expenses incurred in carrying out its-duties under this section as provided by legislative appropriation. Notwithstanding KRS 45.229, at the-close of each biennium, the unexpended balance remaining in the motor vehicle commission fund shall-not lapse but shall be carried forward to the next biennium].-(11) The commission shall administer the pr ovisions of this section, establish the qualifications of manufacturers-and dealers, and ensure that the distribution and sale of new motor vehicles are conducted as provided in this-chapter and under the commission's administrative regulations.-(12) The c ommission may issue orders and make determinations necessary to carry out the provisions of KRS-190.010 to 190.080. The orders shall set forth the findings on which the order is based, and the reason for the-particular action taken. All orders shall be sig ned by the chairperson[chairman] or vice-chairperson[chairman] and attested by the executive director.-(13) The commission may hold hearings that shall be conducted in accordance with KRS Chapter 13B. A member-of the commission shall not participate in the deliberations of the commission and shall not vote on any matter-if the member has been disqualified on any of the grounds under KRS 13B.040.-(14) The commission may cause legal proceedings to be instituted to enforce the provisions of this section and it s-administrative regulations, orders, and decisions. If it appears from any investigation of a possible violation of-any other law or administrative regulation that a violation of the provisions of KRS 190.010 to 190.080 may-have occurred, the matter shall be referred to the commission to determine whether proceedings under KRS-190.010 to 190.080 are appropriate. The commission may make contracts and execute instruments necessary-or convenient to the exercise of its power or performance of its duties.-(15) The availability of administrative procedures under this section shall not preclude the utilization of other-remedies for violation of the provisions of this chapter which are available to the affected parties, including-actions for injunctive relief.-Section 2. KRS 189.222 is amended to read as follows:-(1) Except as provided in subsection (2) of this section, the secretary of the Transportation Cabinet in respect to-highways which are a part of the state -maintained system, by official order, may increa se on designated-highways or portions thereof, the maximum height, length, and gross weight prescribed in KRS 189.221, if in-the opinion of the secretary, the increased height, length, and weight designated by him or her are justified by-the strength, safe ty, and durability of the designated highways, and the highways do not appear susceptible to-unreasonable and unusual damage by reason of the increases and the secretary may establish reasonable-classification of state maintained roads and fix a different maximum for each classification. Any increase in-the height, length, or width of any motor truck or tractor semitrailer combinations or any other vehicle-combinations including any part of the body or load or designation of highways to be used by the vehic les,-shall not, in any way, exceed the federal law or regulations thereunder or jeopardize the allotment or-qualification for federal aid funds of the Commonwealth of Kentucky or exceed the following dimensions and-weights:-(a) 1. Height, for vehicles transporting motor vehicles, fourteen (14) feet; and-2. Height, for all other vehicles, thirteen and one-half (13-1/2) feet;-CHAPTER 133-Legislative Research Commission PDF Version+KENTUCKY GENERAL ASSEMBLY AMENDMENT FORM-3-(b) Length, semitrailers, fifty -three (53) feet; trailers, twenty -eight (28) feet; motor trucks, forty -five (45)-feet, not to exceed two (2) trailers per truck tractor;-(c) Weight, twenty thousand (20,000) pounds per single axle, with axles less than forty -two (42) inches-apart to be considered as a single axle; thirty -four thousand (34,000) pounds on two (2) axles in tandem-arrangement which are spaced forty -two (42) inches or more apart and less than ninety -six (96) inches-apart; forty-eight thousand (48,000) pounds on three (3) axles which are spaced forty -two (42) inches or-more apart and less than one hundred twenty (120) inches apart . No single axle in any arrangement-shall exceed twenty thousand (20,000) pounds or seven hundred (700) pounds per inch of the aggregate-width of all the tires on a single axle, whichever is less. The total gross weight of the vehicle and load-shall not exceed eighty thousand (80,000) pounds;-(d) Except on the interstate highway system, a tolerance of not more than five percent (5%) per axle load-shall be permitted before a carrier is deemed to have violated paragraph (c) of this subsection. The gross-weight shall not exceed eighty thousand (80,000) pounds;-(e) Except as provided for in paragraph (f) of this subsection, truck tractor, semitrailer and trailer-combinations, and other vehicle combinations may be operated only on the interstate system and on-those parts of the federal aid highway system and the state -maintained system which have been-designated by the secretary of the Transportation Cabinet by official order as safely allowing same; and-(f) A vehicle or combination of vehicles that is one hundred two (102) inches wide or less and has a gross-weight of not more than eighty thousand (80,000) pounds may be driven on any state highway, for a-distance of up to fifteen (15) miles from an interstate or parkway exit.-(2) In addition to the provisions of K RS 189.2226, vehicles with a gross weight of up to eighty thousand (80,000)-pounds may travel on any state highway in the Commonwealth without obtaining a special permit, if the-weight does not exceed any limits mandated by federal law or regulation, any p osted bridge weight limit, or-the weight limits for the size and type of vehicle established under subsection (1)(c) of this section, and if the-vehicle is transporting any of the following:-(a) Meats or agricultural crop products originating from a farm to first market;-(b) Livestock or poultry from their point of origin to first market. As used in this paragraph and in-paragraph (d) of this subsection, "livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas,-buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species;-(c) Primary forest products, including, but not limited to, sawdust, wood chips, bark, slabs, or logs-originating from their points of origin to first market; or-(d) Supplies, materials, or equipment necessary to carry out a farming operation engaged in the production-of agricultural crop products, meats, livestock, or poultry.-(3) The following vehicles registered under KRS 186.050 may exceed the gross weight provisions set forth i n-subsection (1)(c) of this section by a weight tolerance of ten percent (10%), except on the interstate highway-system:-(a) Vehicles that are engaged exclusively in the transportation of items listed in subsection (2)(a), (b), and-(c) of this section; and-(b) Vehicles that are engaged exclusively in the transportation of feed for livestock or poultry.-(4) (a) Notwithstanding KRS 189.269, vehicles with a gross weight of up to ninety thousand (90,000) pounds-transporting fluid milk originating from a farm to first market may travel on any state highway in the-Commonwealth without obtaining a special permit, except that:-1. The weight of the vehicle and load under this subsection shall not exceed any limits mandated-by federal law or regulation, or any posted bridge weight limit; and-2. A vehicle being operated on the interstate highway system shall not exceed eighty thousand-(80,000) pounds.-(b) A vehicle may exceed the weight provisions established by this subsection by a weight tolerance of ten-percent (10%), except on the interstate highway system.-ACTS OF THE GENERAL ASSEMBLY 4-(5) Vehicles exclusively engaged in the transportation of motor vehicles, unmanufactured tobacco, or-unmanufactured tobacco products may, on those highways which are a part of the state -maintained system and-which have been designated by the secretary of the Transportation Cabinet by official order as safely allowing-same, attain the maximum lengths as provided by subsection (1)(b) of this section, excluding the usual and-ordinary bumper overhang of the transported vehicles.-(6)[(5)] Vehicles engaged exclusively in the transportation of farm or primary forestry products and registered-under KRS 186.050(4) or 186.050(9) and vehicles engaged exclusively in the transportation of ready -mixed-concrete shall be excluded f rom the axle weight provisions, except on interstate highways, and subject only to-total gross weight provisions.-(7)[(6)] Vehicles registered pursuant to KRS 186.050(3)(b) and engaged in the transportation of primary forest-products, including, but not li mited to, vehicles transporting sawdust, wood chips, bark, slabs, or logs, may-exceed the axle, or gross weight provisions as set forth in accordance with subsection (1)(c) of this section by a-weight tolerance of ten percent (10%), except on the interstate highway system.-(8)[(7)] Vehicles designed for and engaged exclusively in the collection and hauling of refuse and registered-under KRS 186.050(3)(b) shall be excluded from the axle weight provisions, except when in operation on the-federal interstate system, and subject only to total gross weight provisions.-(9)[(8)] The secretary of the Transportation Cabinet may by order increase the weight and height limits-prescribed by this chapter for motor vehicles while being operated exclusively on roads or high ways being-constructed, reconstructed, or repaired under contract with the Transportation Cabinet by the contractor or-subcontractor, agent, or employee thereof.-(10)[(9)] Except as otherwise provided in this chapter, the secretary of the Transportation Ca binet shall not-authorize the operation of any vehicle or combination of vehicles, upon any part of the federal aid highway-system or state parkway system, which exceeds the following dimensions and weights:-(a) Width, one hundred two (102) inches, including any part of the body or load; or-(b) Weight, twenty thousand (20,000) pounds per single axle, with axles less than forty -two (42) inches-apart to be considered as a single axle; thirty -four thousand (34,000) pounds on two (2) axles in tandem-arrangement which are spaced forty -two (42) inches or more apart and less than ninety -six (96) inches-apart; forty-eight thousand (48,000) pounds on three (3) axles which are spaced forty -two (42) inches or-more apart and less than one hundred twenty (120) inches apa rt. The total gross weight of the vehicle-and load shall not exceed eighty thousand (80,000) pounds. If any federal law or laws or regulations-thereunder are hereafter enacted authorizing weights and dimensions in excess of those set out in-paragraphs (a) and (b) of this subsection, the secretary of the Transportation Cabinet may by official-order increase the maximum weights and dimensions but the increased weights and dimensions shall-not exceed those set out in this section.-(11)[(10)] Except on the interstate highway system, vehicles engaged exclusively in the transportation of crushed-stone, fill dirt and rock, soil, bulk sand, coal, phosphate muck, asphalt, concrete, solid waste, tankage or animal-residues, livestock, feed for livestock or poultry, and agricultural products shall be permitted a tolerance of ten-percent (10%) of the axle weight provisions before a carrier is deemed to have violated subsection (1)(c) of-this section.-(12)[(11)] For any vehicle which is equipped with an auxiliary power unit, the weight limits set forth in this-section shall be increased by four hundred (400) pounds.-(13)[(12)] The Transportation Cabinet may promulgate administrative regulations in accordance with[pursuant to]-KRS Chapter 13A, relating to the implementat ion of 23 C.F.R. pt. 658 as it relates to state -maintained or-locally maintained roads. The enforcement of the provisions of KRS 189.221 and this section on locally-maintained roads shall not be the responsibility of the law enforcement officers of the Tra nsportation Cabinet,-unless the head of the corresponding local government unit has requested, in writing, enforcement assistance-from the Transportation Cabinet.-Section 3. KRS 189.010 is amended to read as follows:-As used in this chapter:-(1) "Department" means the Department of Highways;-(2) "Crosswalk" means:-CHAPTER 133-Legislative Research Commission PDF Version+2026 REGULAR SESSION-5-(a) That part of a roadway at an intersection within the connections of the lateral lines of the sidewalks on-opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the-traversable roadway; or-(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by-lines or other markings on the surface;-(3) "Highway" means any public road, street, avenue, a lley or boulevard, bridge, viaduct, or trestle and the-approaches to them and includes private residential roads and parking lots covered by an agreement under-KRS 61.362, off -street parking facilities offered for public use, whether publicly or privately owned, except-for-hire parking facilities listed in KRS 189.700;-(4) "Intersection" means:-(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the-lateral boundary lines of the roadways of two (2) highwa ys which join one another, but do not-necessarily continue, at approximately right angles, or the area within which vehicles traveling upon-different highways joining at any other angle may come into conflict; or-(b) Where a highway includes two (2) roadwa ys thirty (30) feet or more apart, then every crossing of each-roadway of such divided highway by an intersecting highway shall be regarded as a separate-intersection. If the intersecting highway also includes two (2) roadways thirty (30) feet or more apar t,-every crossing of two (2) roadways of the highways shall be regarded as a separate intersection. The-junction of a private alley with a public street or highway shall not constitute an intersection;-(5) "Manufactured home" has the same meaning as defined in KRS 186.650;-(6) "Motor truck" means any motor -propelled vehicle designed for carrying freight or merchandise. It shall not-include self -propelled vehicles designed primarily for passenger transportation but equipped with frames,-racks, or bodies having a load capacity of not exceeding one thousand (1,000) pounds;-(7) "Operator" means the person in actual physical control of a vehicle;-(8) "Pedestrian" means any person afoot or in a wheelchair;-(9) "Right-of-way" means the right of one (1) vehicle or p edestrian to proceed in a lawful manner in preference to-another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to-give rise to danger of collision unless one grants precedence to the other;-(10) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel,-exclusive of the berm or shoulder. If a highway includes two (2) or more separate roadways, the term-"roadway" as used herein shall refer to any roadway separately but not to all such roadways collectively;-(11) "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians-and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while-set apart as a safety zone;-(12) "Semitrailer" means a vehicle designed to be attached to, and having its front end supported by, a motor truck-or truck tractor, intended for the carrying of freight or merchandise and having a load capa city of over one-thousand (1,000) pounds;-(13) "Truck tractor" means any motor -propelled vehicle designed to draw and to support the front end of a-semitrailer. The semitrailer and the truck tractor shall be considered to be one (1) unit;-(14) "Sharp curve" means a curve of not less than thirty (30) degrees;-(15) "State Police" includes any agency for the enforcement of the highway laws established pursuant to law;-(16) "Steep grade" means a grade exceeding seven percent (7%);-(17) "Trailer" means any vehicle designed to be drawn by a motor truck or truck -tractor, but supported wholly upon-its own wheels, intended for the carriage of freight or merchandise and having a load capacity of over one-thousand (1,000) pounds;-(18) "Unobstructed highway" means a str aight, level, first -class road upon which no other vehicle is passing or-attempting to pass and upon which no other vehicle or pedestrian is approaching in the opposite direction,-closer than three hundred (300) yards;-ACTS OF THE GENERAL ASSEMBLY 6-(19) (a) "Vehicle" includes:-1. All agencies for the transportation of persons or property over or upon the public highways of the-Commonwealth; and-2. All vehicles passing over or upon the highways.-(b) "Motor vehicle" includes all vehicles, as defined in paragraph (a) of this subsection, ex cept:-1. Road rollers;-2. Road graders;-3. Farm tractors;-4. Vehicles on which power shovels are mounted;-5. Construction equipment customarily used only on the site of construction and which is not-practical for the transportation of persons or property upon the highways;-6. Vehicles that travel exclusively upon rails;-7. Vehicles propelled by electric power obtained from overhead wires while being operated within-any municipality or where the vehicles do not travel more than five (5) miles beyon d the city-limits of any municipality;-8. Vehicles propelled by muscular power; and-9. Electric low-speed scooters;-(20) "Reflectance" means the ratio of the amount of total light, expressed in a percentage, which is reflected-outward by the product or material to the amount of total light falling on the product or material;-(21) "Sunscreening material" means a product or material, including film, glazing, and perforated sunscreening,-which, when applied to the windshield or windows of a motor vehicle, redu ces the effects of the sun with-respect to light reflectance or transmittance;-(22) "Transmittance" means the ratio of the amount of total light, expressed in a percentage, which is allowed to-pass through the product or material, including glazing, to the amount of total light falling on the product or-material and the glazing;-(23) "Window" means any device designed for exterior viewing from a motor vehicle, except the windshield, any-roof-mounted viewing device, and any viewing device having less than on e hundred fifty (150) square inches-in area;-(24) "All-terrain vehicle" means any motor vehicle used for recreational off-road use;-(25) "Nondivisible load," as pertains to:-(a) State highways that are not part of the national truck network established pu rsuant to 23 C.F.R. pt. 658,-means a load or vehicle, that if separated into smaller loads or vehicles:-1.[(a)] Compromises the intended use of the vehicle, making it unable to perform the function for which-it was intended;-2.[(b)] Destroys the value of the load or vehicle, making it unusable for its intended purpose; or-3.[(c)] Requires more than four (4) work hours to dismantle and reassemble using appropriate-equipment; or-(b) Any highway that is part of the national truck network established pursuant t o 23 C.F.R. pt. 658,-includes fluid milk products in accordance with 23 U.S.C. sec. 127(a)(13);-(26) "Electric low-speed scooter" means a device that:-(a) Weighs less than one hundred (100) pounds;-(b) Is equipped with wheels;-(c) Is equipped with handlebars;-(d) Is equipped with a brake adequate enough to stop and park the device;-CHAPTER 133-Legislative Research Commission PDF Version+Amend printed copy of SB 30/GA+TITLE AMENDMENT-7-(e) Is designed to be stood or sat upon;-(f) Is propelled by an electric motor, human power, or both; and-(g) Is designed to operate at a maximum speed of twenty (20) miles per hour, on a paved level surface, with-or without human propulsion; and-(27) "Highway work zone" means that portion of a highway and the affected area adjacent to a lane, berm, or-shoulder, including a sidewalk, upon which construction, reconstruction, r esurfacing, maintenance, inspection,-or other work of that nature is being conducted by a government agency, private contractor, or utility-company.-Section 4. KRS 189.270 is amended to read as follows:-(1) (a) The department may issue permits for the o peration of motor vehicles, manufactured homes,-recreational vehicles, boats, or any other vehicle transporting a nondivisible load, whose gross weight-including load, height, width, or length exceeds the limits prescribed by this chapter or which in other-respects fail to comply with the requirements of this chapter. Permits may be issued by the department-for stated periods, special purposes, and unusual conditions, and upon terms in the interest of public-safety and the preservation of the highways as the department may require.-(b) Subject to the limitations in subsection (4) of this section, the department shall promulgate-administrative regulations in accordance with KRS Chapter 13A to set fees for permits established-under this section.-(2) Except as provided in subsection (8) of this section, the department may, at the request of an applicant, issue a-single-trip permit regardless of the type of vehicle or equipment being transported that exceeds the weight or-dimension limits established by this chapter if the load being transported is a nondivisible load.-(3) (a) Except as provided in subsection (8) of this section, the department may, at the request of an applicant,-issue an annual permit regardless of the type of vehicle or equipment being transpor ted that exceeds the-weight or dimension limits established by this chapter if the load being transported is a nondivisible-load.-(b) Except as provided in paragraph (c) of this subsection, a [The] vehicle operating under a permit issued-under this subsecti on shall not exceed sixteen (16) feet in width exclusive of usual and ordinary-overhang, one hundred twenty (120) feet in length including a towing vehicle and trailer combination,-thirteen (13) feet six (6) inches in height, or one hundred sixty thousand (160,000) pounds.-(c) Notwithstanding KRS 189.269, a vehicle transporting fluid milk products under a permit issued-under this subsection shall not exceed one hundred thousand (100,000) pounds.-(4) The department shall establish the following annual permit s to transport farm equipment, with the listed fee-limits:-(a) For equipment less than or equal to fourteen (14) feet in width, eighty dollars ($80); and-(b) For equipment that exceeds fourteen (14) feet in width, when transported from a dealership to a f arm,-from a farm to a dealership, or from a dealership to a dealership, one hundred fifty dollars ($150).-(5) Permits issued under this section shall be for nondivisible loads and shall be valid statewide; however, the-department may, as a condition of iss uing an annual or single -trip permit, limit the overweight or-overdimensional vehicle to specified routes, exclude certain highways, or even cancel an applicant's permit if-an unreasonable risk of accident or an unreasonable impedance of the flow of traffi c would result from the-presence of the overweight or overdimensional vehicle. A person who applies for, and accepts, a permit issued-under this section is acknowledging that the Kentucky Transportation Cabinet is not guaranteeing safe passage-of vehicles by issuing the permit. A person who applies for, and accepts, a permit issued under this section-agrees to measure all clearances of highway structures, both laterally and vertically, prior to passage of the-person's vehicles along the routes specified in the permit. A person who applies for, and accepts, a permit-issued under this section is classified as a bare licensee whose duty is to assume sole risk involved in using-Kentucky's highways without warranty of accuracy.-(6) Subject to the limitations of s ubsection (12) of this section, the department shall promulgate administrative-regulations under KRS Chapter 13A to establish requirements for escort vehicles, safety markings, and other-safety restrictions governing the operation of an overweight or overd imensional vehicle. The department shall-ACTS OF THE GENERAL ASSEMBLY 8-provide each applicant for an annual or single -trip permit issued under this section a copy of all restrictions-associated with the overweight or overdimensional permit at no charge to the applicant. The department shall-be prohibited from raising the permit fee established in subsections (2) and (3) of this section by levying-additional fees for an overweight or overdimensional permit through the administrative regulation process.-(7) (a) Notwithstanding KRS 189.269 , the department may, at the request of an applicant who is a transporter-of manufactured housing, issue an annual permit that exceeds the weight or dimension limits-established by this chapter if the load being transported is a nondivisible load.-(b) The vehicle operated shall not exceed sixteen (16) feet in width exclusive of usual and ordinary-overhang, one hundred twenty (120) feet in length including a towing vehicle and trailer combination,-fifteen (15) feet in height, or one hundred sixty thousand (160,000) pounds.-(c) The holder of a permit issued under this subsection shall, when transporting a manufactured home:-1. Abide by all escort requirements, safety markings, and other safety restrictions governing-overweight and overdimensional vehicles; and-2. Equip each truck operating under a permit with global positioning system technology that keeps-a record of locations traveled. The travel records of trucks operating under a permit shall be open-to inspection by the Transportation Cabinet.-(d) Any person with a permit under this subsection who operates a vehicle greater than thirteen (13) feet six-(6) inches in height while operating in a restricted area designated by the Transportation Cabinet shall-be fined one thousand dollars ($1,000).-(8) The cabinet shall not issue an annual permit under this section if the person applying for the permit is eligible-for an annual permit issued under KRS 189.2716 or 189.2717.-(9) The department may require the applicant to give bond, with approved surety, to indemni fy the state or-counties against damage to highways or bridges resulting from use by the applicant. The operation of vehicles-in accordance with the terms of the permit issued under this section shall not constitute a violation of this-chapter if the operator has the permit, or an authenticated copy of it, in his or her possession.-(10) Any person transporting a parade float which exceeds the dimensional limits on a highway over which it is-transported shall be required to obtain a permit as required in sub section (2) of this section. If the float is being-used in conjunction with a parade to be held within the boundaries of the Commonwealth, a fee shall not be-assessed by the department to issue the permit.-(11) A person shall not operate any vehicle in violation of the terms of the permit issued under this section.-(12) (a) The cabinet shall not promulgate administrative regulations pursuant to this section that restrict the time-or days of the week when a permit holder may operate on the highway, except that travel may be-limited from 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. Monday through Friday. In addition to the restrictions-established in this paragraph, any manufactured home being transported by permit issued under this-section shall not travel on any highway after daylight hours Monday through Saturday, or at any time-on Sunday.-(b) The cabinet shall allow a permit holder who has obtained a permit to transport equipment to a work site-to return to the permit holder's place of business immediatel y after work is completed at the job site,-subject to the limitations of paragraph (a) of this subsection.-(c) The cabinet shall not promulgate administrative regulations pursuant to this section setting forth escort-vehicle requirements for overdimensiona l farm implements or vehicles towing overdimensional farm-implements that are more stringent than the following:-1. For a single vehicle and load in excess of twelve (12) feet in width being operated on a two (2)-lane highway, no more than one (1) lead vehicle shall be required;-2. For a single vehicle and load in excess of twelve (12) feet in width being operated on a four (4)-lane highway, no more than one (1) trail vehicle shall be required;-3. For a single vehicle and load in excess of eighty -five (85) feet in length being operated on a two-(2) lane highway, no more than one (1) lead vehicle shall be required;-CHAPTER 133-Legislative Research Commission PDF Version+Amendment No. TITLE Rep. Rep. J.T. Payne-9-4. For more than one (1) vehicle and load in excess of twelve (12) feet in width or eighty -five (85)-feet in length being operated as a convoy on a two (2) lane highway, no more than one (1) lead-vehicle shall be required;-5. A lead escort vehicle on a two (2) lane highway under this paragraph may also serve as a tow-vehicle;-6. Any distance for lead or trail escort vehicles shall contain provisions allowing for a variance-from that distance due to safety or road conditions; and-7. A vehicle or its escort shall be required to bear a sign declaring that the vehicle is oversized or be-required to use lights, flashers, or flags, but a vehicle or its esc ort shall not be required to do-both.-Section 5. KRS 189.2717 is amended to read as follows:-(1) (a) Subject to the provisions of KRS 189.222, the department may promulgate administrative regulations-pursuant to KRS Chapter 13A governing the issuance of annual permits for the operation of motor-vehicles transporting nondivisible loads in this Commonwealth whose gross weight exceeds the limits-prescribed by this chapter.-(b) Except as provided in paragraph (c) of this subsection, the gross weight of a mot or vehicle operating-pursuant to this section shall not exceed one hundred twenty thousand (120,000) pounds.-(c) Notwithstanding KRS 189.269, the gross weight of a motor vehicle transporting fluid milk products-under a permit issued under this section shall not exceed one hundred thousand (100,000) pounds.-(d) The movement of the overweight motor vehicle shall be limited to a specific route set forth on the-annual permit.-(2) Except as provided is subsection (3) of this section, the following axle weights s hall not be exceeded in the-loading of a nondivisible load:-(a) Single axle with axles less than forty -two (42) inches apart and being the steering axle with one (1)-wheel on each side of the axle to be considered a single axle shall not be more than fifte en thousand-(15,000) pounds;-(b) Two (2) axles in tandem arrangement which are spaced forty -two (42) inches or more apart and less-than ninety-six (96) inches apart shall not be more than forty thousand (40,000) pounds;-(c) Three (3) axles in tridem arrang ement which are spaced forty -two (42) or more inches apart and less-than one hundred twenty (120) inches apart shall not be more than sixty -five thousand (65,000) pounds;-and-(d) Dual wheel axle with one (1) axle with two (2) wheels on each side of the axl e to be considered a dual-wheel axle shall not be more than twenty thousand (20,000) pounds each.-(3) Notwithstanding KRS 189.269, the axle weight limits in subsection (2) of this section shall not apply to a-vehicle transporting fluid milk products under a permit issued under this section.-(4) Each motor vehicle operating pursuant to this section shall comply with the safety provisions set forth in the-administrative regulations promulgated by the department pursuant to this section.-(5)[(4)] The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to set-fees for permits established under this section.-(6)[(5)] The department may refuse to issue a permit for a requested route because of the inadequacies o f the-roadway or a structure on that route.-Section 6. KRS 189.221 is amended to read as follows:-A person shall not operate on any highway, except those highways designated by the secretary of transportation under-the provisions of KRS 189.222, or those locally maintained highways under the provisions of KRS 189.222 (13)[(12)]-or 189.230(4), any of the following trucks, trailers, manufactured homes, or vehicles:-(1) Any motor truck, semitrailer, trailer, manufactured home, or vehicle which exceeds el even and one -half (11--1/2) feet in height or ninety-six (96) inches in width, including any part of the body or load;-ACTS OF THE GENERAL ASSEMBLY 10-(2) Any motor truck, except a semitrailer truck, which exceeds twenty -six and one half (26 -1/2) feet in length,-including any part of the body or load;-(3) Any semitrailer truck which exceeds thirty (30) feet in length, including any part of the body or load;-(4) Any truck, semitrailer truck, or truck and trailer unit which exceeds 36,000 pounds gross weight, including the-load;-(5) Any truc k, semitrailer truck, or tractor -trailer unit which exceeds a gross weight equal to the sum of six-hundred (600) pounds per inch of the combined width of the tires upon which the vehicle may be propelled,-but no more than thirty-six thousand (36,000) pounds; and-(6) Notwithstanding the provisions of this section, any truck hauling building materials under KRS 189.2226, or-to a road construction project on a highway rated less than the maximum weight provided above, may haul up-to eighty thousand (80,000) pounds gross weight, including the load, without a permit.-Signed by Governor April 13, 2026.+Committee Amendment Signed:++Floor Amendment LRC Drafter:++Adopted: Date:++Rejected: Doc. ID: XXXX++Page 1 of 1+ By amending the title to read: "AN ACT relating to motor vehicles.".
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