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-CHAPTER 133
-Legislative Research Commission PDF Version
+HOUSE OF REPRESENTATIVES
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-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;
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-(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.
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-(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:
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-(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;
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-(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;
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-(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
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-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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