Section 189.271 - [Effective ninety days after adjournment] Special permits for hauling industrial materials - Renewals - Overweight and overdimensional vehicles(1) Notwithstanding any other provision of laws, the Transportation Cabinet may issue special permits to the owners, operators, or lessees of motor vehicles for the purpose of hauling industrial materials whose gross weight or dimensions, including vehicle and load, exceeds the limits prescribed by this chapter or which in other respects fail to comply with the requirements of this chapter. A separate permit shall be required for each vehicle.Permits issued in accordance with this section shall be issued: (a)For specified materials only and shall designate the portions of the state primary road system over which the vehicle may operate pursuant to the permit; (b) For a stated period of time determined by the applicant not to exceed three (3) years, and an existing permit may be renewed pending an inspection by the cabinet of the routes listed on the permit; and (c) Upon the terms and conditions as the cabinet may, in its discretion, require in the public interest.(2) The cabinet may establish a system by which a current permit holder can be granted a new permit specifying different routes or materials without having to complete a new application or pay a separate application fee.(3) The cabinet shall: (a) Promulgate administrative regulations in accordance with KRS Chapter 13A to set fees for permits established under this section; and (b)Require that an applicant convicted under provisions of KRS 189.990(2)(a) two (2) or more times within a five (5) year period give bond, with approved surety, in an amount not to exceed six thousand dollars ($6,000) for each vehicle to indemnify the Commonwealth of Kentucky against damage to highways or bridges resulting from the operation of any motor vehicle under the authorization of the permit. A bond acquired under this subsection may be carried forward to another permit if the cabinet has not gone against the bond.(4) The operation of any motor vehicle in accordance with the terms of the permit shall not constitute a violation of this chapter, if the operator has the permit, or a copy of it, authenticated as the cabinet may require, in his or her possession.(5) The cabinet shall not issue a permit under this section for a vehicle whose gross weight, including vehicle and load, exceeds the maximum gross weight as provided in KRS 189.222.(6) The cabinet shall not issue a permit under this section for a vehicle whose dimensions, including vehicle and load, exceed the maximum dimension as provided in KRS 189.222.(7) A person shall not operate a motor vehicle in violation of the terms and conditions of any permit issued by the cabinet pursuant to this section.(8) As used in this section, industrial materials shall mean all cargo, whether divisible or indivisible, which a motor vehicle transports in the usual and ordinary course of business and shall specifically include, but not be limited to, agricultural products, minerals, or natural resources transported by a motor vehicle.(9) The cabinet may:(a) Exercise general supervision of the administering and enforcement of this section; (b) Promulgate administrative regulations, subject to the limitations of this section, with respect to the issuance of a permit, including, but not limited to, administrative regulations concerning the duration of permits and weight limits for various types of vehicles, materials, and highways; (c) Promulgate administrative regulations with respect to the amount, terms and conditions of the bond and the sufficiency of the surety of a bond required by this section. The cabinet shall allow applicants not required to post a surety bond under subsection (3) of this section to self-insure to meet the bonding requirements of this section; and (d) Issue, continue in effect, revoke, modify, or deny, underconditions as the cabinet may prescribe, permits provided for under this section.Amended by 2024 Ky. Acts ch. TBD,§ 8, eff. ninety days after adjournment.Effective:7/14/2000
Amended 2000, Ky. Acts ch. 481, sec. 1, effective7/14/2000. -- Amended 1994 Ky. Acts ch. 132, sec. 1, effective 7/15/1994. -- Amended 1978 Ky. Acts ch. 232, sec. 1, effective 6/17/1978. -- Created 1974 Ky. Acts ch. 258, sec. 4.This section is set out more than once due to postponed, multiple, or conflicting amendments.