601 KAR 1:018. Special overweight or overdimensional permits.

 

      RELATES TO: KRS 189.221, 189.222, 189.270, 189.2715, 189.2717, 23 C.F.R. 658.17, 49 C.F.R. 393.11

      STATUTORY AUTHORITY: KRS 189.270(6), 189.271(9)(b), 189.2715(1), 189.2717(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.270(1) to (5), 189.271(9)(b), 189.2715(1), and 189.2717(1) authorize the Secretary of the Kentucky Transportation Cabinet to issue permits for the movement of motor vehicles with divisible or nondivisible loads exceeding legal weights or dimensions. This administrative regulation establishes the procedures and requirements for the issuance of an overweight or overdimensional permit. It exempts certain farm implement movements from the requirements of obtaining an overdimensional permit, but retains the associated safety requirements.

 

      Section 1. Definitions. (1) "Boat" means a vehicle used for movement on the water and the trailer on which it is placed for transporting the vehicle on the highway.

      (2) "Divisible load" means a load which when reasonably divided, dismantled, disassembled or rearranged would no longer be overweight or overdimensional.

      (3) "Dual-wheel axle" means one (1) axle with two (2) wheels on each side of the axle.

      (4) "Farm implement or equipment" means machinery, equipment or vehicle used exclusively in a farm or agriculture operation including those items which are not required by KRS Chapter 186 to be registered.

      (5) "Fully-controlled access highway" means a highway which:

      (a) Gives preference to through traffic;

      (b) Has access only at selected public roads or streets; and

      (c) Has no highway grade crossing or intersection.

      (6) "National holiday" means:

      (a) New Year's Day;

      (b) Memorial Day (as observed on the last Monday in May);

      (c) Independence Day;

      (d) Labor Day;

      (e) Thanksgiving Day; and

      (f) Christmas Day.

      (7) "Nondivisible load" means a load or vehicle, which if separated into smaller loads would:

      (a) Compromise the intended use of the vehicle, making it unable to perform the function for which it was intended;

      (b) Destroy the value of the load or vehicle, making it unusable for its intended purpose; or

      (c) Require more than eight (8) work hours to dismantle using appropriate equipment.

      (8) "Overdimensional" means the motor vehicle exceeds the dimension limits set forth in 603 KAR 5:070.

      (9) "Overweight" means the motor vehicle exceeds:

      (a) The gross weight limit established in 603 KAR 5:066;

      (b) The axle weight limit established in 603 KAR 5:066;

      (c) The gross weight limits established by KRS 177.9771 for a motor vehicle transporting coal or coal by-products;

      (d) The bridge weight limit established by 603 KAR 5:066; or

      (e) The gross weight limit posted at a bridge or other structure.

      (10) "Permit fee" means the fee set forth in KRS 189.270, 189.2715, or 189.2717 for the issuance of an overweight or overdimensional trip or annual permit, to cover the cost of processing the permit application, including:

      (a) A qualification check of the applicant;

      (b) A statutory compliance check; and

      (c) An initial bridge and weight analysis.

      (11) "Pole trailer" means a vehicle which is:

      (a) Designed to be drawn by a motor vehicle and attached to the towing motor vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing motor vehicle; and

      (b) Used for transporting long or irregularly shaped loads such as poles, pipes, or structural members which generally are capable of sustaining themselves as beams between the supporting connections.

      (12) "Single-wheel axle" means a steering axle with one (1) wheel on each side of the axle.

      (13) "Toll road" means any project constructed under the provisions of KRS Chapter 175 or KRS 177.390 through 177.570 on which a toll is collected or was in the past collected by the Transportation Cabinet.

      (14) "Utility equipment" means the specialized equipment, including earth-moving equipment, necessary for the installation or operation of utility poles or pipes, or transformers, regulators, or other utility electrical field equipment. It shall not include any equipment necessary for the construction or operation of a power generation station.

 

      Section 2. Permit Application. (1) An applicant for an overweight or overdimensional annual or trip permit shall submit to the Division of Motor Carriers a completed "Application for Annual Overweight/Overdimensional Permit, TC 95-25". The permit application shall contain the following:

      (a) A detailed description of the equipment or load to be moved;

      (b) A description and vehicle identification number of the power unit moving the equipment;

      (c) Registration weight and license plate number of the power unit;

      (d) Equipment operator's name, telephone number and address;

      (e) Routes requested for travel; and

      (f) The period of time:

      1. A single trip shall be ten (10) days or less; or

      2. An annual permit shall be 365 days from date of issue.

      (2) A single trip permit application or request shall specify the following:

      (a) The year and make of the towing vehicle;

      (b) The towing vehicle's license plate number;

      (c) The maximum weight for which the vehicle is registered;

      (d) The state of registration of the vehicle;

      (e) Name and address of the owner;

      (f) The dates of travel;

      (g) The serial number of the manufactured home; and

      (h) The specific routes of travel requested.

      (3) If the towing vehicle for which a single trip permit is being requested is registered in a state other than Kentucky, the vehicle shall be either:

      (a) Apportioned registered to operate in Kentucky; or

      (b) In compliance with KRS 281.752.

      (4) An annual permit application or request shall specify the following information relating to the motor vehicle:

      (a) Year and make;

      (b) Vehicle identification number;

      (c) License plate number;

      (d) The maximum weight for which it is registered;

      (e) The state of apportioned registration, if not registered in Kentucky;

      (f) Name and address of the motor carrier operating or the owner of the towing vehicle; and

      (g) Whether the motor carrier operating the towing vehicle is a for-hire or private carrier.

      (6) If the towing vehicle issued an annual permit is registered in a state other than Kentucky, the vehicle shall be apportioned registered to operate in Kentucky.

      (7) The application for an annual permit shall contain a certification by the applicant that he is aware of the safety requirements in the movement of overweight/overdimensional loads and shall at all times comply with them.

      (8) Special annual or trip permits to allow the movement of motor vehicles with gross weights or gross dimensions in excess of the weights and dimensions specified by statute and administrative regulation shall be issued by the Department of Vehicle Regulation, Division of Motor Carriers when, in the discretion of the department, this movement is necessary to provide transportation for specified cargo in the interest of the health, welfare and economy of the people.

      (9) Each trip or annual permit issued shall be limited to designated portions of the state primary road system and stated periods of time.

      (10) A separate permit shall be required for each vehicle involved in a movement.

      (11) A permit shall not be issued for a divisible load which when reasonably divided, dismantled, disassembled or rearranged would no longer be overweight or overdimensional except as provided by KRS 189.2715 or 189.2717.

      (12) An overweight permit shall not be issued to the following:

      (a) A Kentucky licensed vehicle, for a gross weight exceeding that for which the truck is registered, unless registered for 80,000 pounds (36,287.36 kilograms);

      (b) A tractor-trailer combination of less than five (5) axles;

      (c) A vehicle not registered in Kentucky, unless it has met one (1) of the following conditions:

      1. Has been apportioned registered by another jurisdiction to operate in Kentucky at 80,000 pounds (36,287.36 kilograms); or

      2. Has met the provisions of KRS 281.752;

      (d) A vehicle whose axle weight would exceed the product of 700 pounds (317.51 kilograms) times the aggregate width in inches established from the manufacturer's stamped tire measurement for all tires on the axle; or

      (e) A towing vehicle whose horsepower or braking capacity is not adequate to safely transport the overdimensional or overweight load.

      (13) This administrative regulation shall not prohibit the permit issuing office from further restricting movements or denying a permit for any movement which may cause damage to property or which may be detrimental to public safety and convenience.

      (14) An annual permit shall not be issued if the vehicle is licensed with a limited or restricted registration as identified in KRS 186.050(8) and (9) for Kentucky-based vehicles.

 

      Section 3. Height. (1) A vehicle and load with a height in excess of thirteen (13) feet, six (6) inches shall obtain a single-trip overdimensional permit, pursuant to KRS 189.270(2), prior to movement.

      (2) The maximum height for each single-trip overdimensional permit shall be determined by the cabinet, based upon underpass and bridge height along the designated route.

 

      Section 4. Weight. (1) Gross or axle overweight shall not be permitted:

      (a) On combination units of less than five (5) axles; or

      (b) On a single unit except off-road equipment such as scraper, mobile cranes or other self-propelled units.

      (2) Kentucky licensed vehicles shall not be permitted for weights exceeding that for which licensed unless licensed for the maximum of 80,000 pounds.

      (3) The weight on any single axle in any combination shall not exceed the product of 700 pounds times the aggregate width in inches established by the manufacturer's stamped tire measurement of all the tires on the axle, or the following axle or axle group weights, whichever is less:

      (a) Single axle - 24,000 pounds;

      (b) Tandem axle group if the combination vehicle has only five (5) axles total - 45,000 pounds (minimum of forty-two (42) inches spacing between the center of each of the axles of the tandem axle group);

      (c) Tandem axle group if the combination vehicle has six (6) or more axles total - 48,000 pounds (minimum of forty-two (42) inches spacing between the center of each of the axles of the tandem axle group);

      (d) Tridem axle group - 60,000 pounds (minimum of forty-two (42) inches spacing between the center of each of the axles of the tridem axle group);

      (e) Five (5) axle combination units shall not exceed 96,000 pounds gross weight;

      (f) Six (6) axle combination units shall not exceed 120,000 pounds gross weight;

      (g) Seven (7) axle combination units shall not exceed 160,000 pounds gross weight.

      (4) Since bridge capacity is the weight-controlling factor in most instances, these maximum weights shall not be permitted unless all bridges involved have sufficient capacity to accommodate the load.

 

      Section 5. Responsibility of Permit Holder. (1) Any damage to the highway, signs, guardrail or other public or private property caused by the transportation of the specialized equipment shall be the responsibility of the permit holder. The permit holder shall either repair all damage incurred or pay for the repair.

      (2) A permit holder shall not cut, trim, remove or relocate any tree, shrub, guardrail, highway sign or other object on the highway right-of-way without the written approval of the chief district engineer having jurisdiction over the property involved.

      (3) The applicant shall be responsible for providing accurate information and reviewing the permit prior to travel on Kentucky highways.

 

      Section 6. Permit Availability. (1) The original of the annual permit shall be carried in the overweight or overdimensional vehicle at all times.

      (2) The original or facsimile copy of a single trip permit shall be carried in the overweight or overdimensional vehicle or equipment at all times.

      (3) The annual or the single trip permit shall be presented, upon request, to any law enforcement officer or authorized personnel of the Department of Vehicle Regulation.

      (4) An unauthenticated photocopy of the annual permit shall not be valid.

 

      Section 7. Duplicate Permits. A duplicate permit which is needed to replace a lost, stolen or destroyed annual permit or to transfer the permit to another towing vehicle may be obtained from the Division of Motor Carriers by a payment of ten (10) dollars. Only one (1) transfer to another towing vehicle shall be allowed for each annual permit during its effective year. Any additional transfer of the annual permit requested shall be subject to the fees set forth in KRS 189.270. The original permit shall be returned prior to the transfer of an annual permit.

 

      Section 8. Travel Restrictions. (1) A single trip permit shall be valid for a period not to exceed ten (10) days. A time extension shall only be granted if the permit holder proves extenuating circumstances. An annual permit shall be valid for 365 days from date of issuance.

      (2) The department may further prohibit movements in congested areas within the peak traffic hours. The additional restrictions shall be noted on the permit when issued.

      (3) Overdimensional restrictions shall not prohibit a utility company from working in an emergency situation to restore utility service to an area otherwise experiencing an outage.

 

      Section 9. Farm Implements. (1) Unless the movement occurs on an interstate highway, toll road, or fully-controlled access highway, a permit shall not be required for transport of overdimensional farm implements for the following trips:

      (a) From one (1) farm to another;

      (b) From a farm to a repair shop or dealer; or

      (c) From a repair shop or dealer to a farm.

      (2) A permit holder or other operator moving overdimensional farm implements shall comply with the safety requirements set forth in this administrative regulation.

      (3) The following movements of farm implements shall only be made under the authority of an overdimensional permit:

      (a) Manufacturer to dealer;

      (b) Dealer to manufacturer;

      (c) Dealer to dealer; or

      (d) Moves on an interstate highway, toll road, or fully-controlled access highway.

      (4) On an interstate highway, toll road, or fully-controlled access highway, a self-propelled farm implement shall not be:

      (a) Operated; or

      (b) Issued a permit for movement.

      (5) If the farm equipment to be transported exceeds twelve (12) feet in width, the farm equipment dealer who holds the annual permit shall, prior to the proposed move, survey the entire route proposed to be used for the movement of the overdimensional farm equipment to confirm the roads are adequate to safely accommodate the load.

      (6) If there is any doubt of the adequacy of the highway to safely accommodate the overdimensional farm equipment, the dealer shall:

      (a) Select a different route; or

      (b) Contact the appropriate highway district office for clearance to move the equipment over that specific route.

      (7) If the highway district office does not issue clearance for the use of a particular route whose adequacy is in doubt, that route shall not be used.

 

      Section 10. Escort Vehicle, Safety and Flag Requirements. (1) Required escort vehicles shall accompany the overdimensional vehicle at a distance of 300 feet (91.44 meters) on open highways and shall:

      (a) Maintain radio contact with the load;

      (b) Post appropriate signs on the vehicle;

      (c) Have amber strobe lights or flashing light on the escort vehicle; and

      (d) Keep its headlamps lit at all times.

      (2) In cities or congested areas, the escort vehicle shall travel at a distance closer than 300 feet as necessary to protect other traffic.

      (3) On a two (2) lane highway, a vehicle and load with a width in excess of ten (10) feet, six (6) inches (three and two-tenths (3.2) meters) but twelve (12) feet (3.66 meters) or less shall have one (1) lead escort.

      (4) On a two (2) lane highway, a vehicle and load with a width exceeding twelve (12) feet (3.66 meters) shall have one (1) lead escort and one (1) trail escort.

      (5) On a two (2) lane highway, a vehicle and load traveling at speeds below the average driving speed of traffic on its route shall have one (1) trail escort.

      (6) On a four (4) lane or wider highway, a vehicle and load shall have one (1) trail escort if:

      (a) Its width exceeds twelve (12) feet (3.66 meters); or

      (b) It does not maintain a speed of forty-five (45) miles per hour (72.42 kilometers per hour).

      (7) On a two (2) lane highway:

      (a) A vehicle and load with a length in excess of seventy-five (75) feet (22.86 meters) but not more than eighty-five (85) feet (25.91 meters) shall have one (1) lead escort; and

      (b) A vehicle and load with a length in excess of eighty-five (85) feet (25.91 meters) shall have one (1) lead and one (1) trail escort.

      (8) On a four (4) lane or wider highway:

      (a) A vehicle and load with a length of 120 feet shall have one (1) trail escort; and

      (b) A vehicle and load with a length of over 120 feet shall have a front and rear escort.

      (9) Red or orange fluorescent flags which are a minimum of eighteen (18) inches square (11,612.7 millimeters square) shall be displayed on each vehicle and load operating under the auspices of either an overlength or an overwidth permit.

      (a) Vehicles operating overwidth shall display four (4) warning flags; one (1) at each of the four (4) corners, and if any portion of the load extends beyond the four (4) corners, additional flags shall be displayed at the widest points of the load.

      (b) Vehicles operating overlength or with a rearend overhang shall display two (2) warning flags at the extreme rear of the vehicle or load. These flags shall be located to indicate maximum width of the rearend.

      (10) All vehicles exceeding ten (10) feet, six (6) inches, three and two-tenths (3.2) meters in width or having front overhang shall display two (2) warning signs. The warning signs shall:

      (a) State in black letters on a yellow background, "OVERSIZE LOAD";

      (b) Not be less than seven (7) feet (2.13 meters) long and eighteen (18) inches (0.46 meters) high;

      (c) Have a brush stroke of one and four-tenths (1.4) inches (35.56 millimeters); and

      (d) Be fastened at the front of the power unit and the rearend of the towed unit or at the rear of the load.

      (11) If the utility equipment, pole, or pipe being transported exceeds fifty-five (55) feet (16.76 meters) in length, a front escort vehicle shall accompany the vehicle required to be permitted. If the front overhang exceeds ten (10) feet (3.05 meters), an amber strobe or flashing light shall be placed on the power unit of the towing vehicle and shall be in use any time the power unit is in operation.

      (12)(a) The lighting devices and reflectors set forth in 49 C.F.R. 393.11 for pole trailers and projecting loads shall be required.

      (b) Each lamp or light shall be used at all times the vehicle is on or beside a highway.

      (c) A front overhang shall not be allowed on a combination vehicle.

      (13) As a special provision of the permit, the Department of Vehicle Regulation may require additional escort vehicles, lighting or warning flags.

      (14) The provisions of this section shall not apply if the vehicle or equipment is less than twelve (12) feet wide and the vehicle or equipment is:

      (a) Used in part for off-road use;

      (b) Not required to be registered or licensed; and

      (c) Not transporting cargo.

 

      Section 11. House or Building Permits. (1) Permits for movement of houses or other buildings shall be issued by the Department of Vehicle Regulation, Division of Motor Carriers. An application for a permit to move a house or building shall be made on TC 95-310, House Moving Application, and submitted to the Division of Motor Carriers via mail or hand delivery at 3rd Floor, State Office Building, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m., or via fax at (502) 564-0992.

      (2) House moving permits shall not be issued unless the movement is done during off-peak hours when other traffic will be least affected. The mover shall be required to furnish all escorts and flagmen required in the interest of public safety.

      (3) A permit shall not be issued for movement of any permanent building other than portable storage units on either parkways, or interstate highways.

      (4) The Division of Motor Carriers shall contact the appropriate Department of Highways' district office for specific routing restrictions or local highway conditions prior to the issuance of the permit. Specific restrictions shall be identified on the permit. Deviation from the restrictions shall void the permit

 

      Section 12. Route Deviation. All vehicles transporting a load under an annual or trip permit shall obtain prior approval from the Division of Motor Carriers for any deviation from the routes approved by the Transportation Cabinet for the towing vehicle.

 

      Section 13. Permit Required. Until a special written permit has been issued by the Department of Vehicle Regulation, Division of Motor Carriers under the provisions of this administrative regulation and KRS 189.270:

      (1) An overweight/overdimensional load of a width greater than eight and one-half (8 1/2) feet shall not be towed on any state-maintained highway;

      (2) An overweight/overdimensional load with a width greater than eight (8) feet shall not be towed on any state-maintained highway not included on the Transportation Cabinet's list of roads approved for passage of motor vehicles with increased dimensions pursuant to 603 KAR 5:070, except as provided in KRS 189.2225(3); and

      (3) A manufactured home with a combined length of manufactured home and towing vehicle greater than 120 feet shall not be towed upon any Kentucky highway. The manufactured home shall not exceed eighty-five (85) feet in length.

 

      Section 14. Annual Permits. (1) A permit shall not be issued for the movement of an overweight/overdimensional load in excess of sixteen (16) feet in width inclusive of the usual and ordinary overhang. Mirrors on the towing vehicle shall not be considered in making the determination of width.

      (2) Prior to a movement of an overweight/overdimensional load under the provisions of an annual permit, the permit holder shall survey the route and evaluate the entire route proposed to be used for the movement of the overweight/overdimensional load. The evaluation shall include the following:

      (a) Highway width;

      (b) Shoulder width and surface type;

      (c) Bridge width and posted weights;

      (d) Curves;

      (e) Turns to be negotiated;

      (f) Construction zones;

      (g) Obstructions;

      (h) Access control;

      (i) Traffic volume; and

      (j) Other routes available that might be safer even if not as convenient.

      (3) The permit holder shall use the results of the evaluation to determine the safest route available to transport the overweight/overdimensional load. The permit holder shall determine if there would be any place on the proposed route which would be too narrow, have curves or turns too sharp or have other obstacles which would prevent the route from safely accommodating the move. The route selected by the permit holder shall be the safest available.

      (4) If there is any doubt about the adequacy of the highway to safely accommodate the overweight/overdimensional load, the permit holder shall either:

      (a) Select a different route; or

      (b) Contact the appropriate highway district office for clearance to move that overweight/overdimensional load over that specific route.

      (5) If the highway district office does not issue clearance for the use of a route whose adequacy is in doubt, that route shall not be used.

      (6) An annual permit shall not be issued or used for the movement if the height of the combination load and towing vehicle exceeds thirteen (13) feet, six (6) inches.

      (7) Acceptance and use of the annual permit shall indicate the permit holder's acceptance of the liability associated with the move.

      (8) Moves of overweight/overdimensional loads more than twelve (12) feet wide shall be limited to highways of four (4) or more lanes and to the shortest and best two (2) lane route designated by the Department of Vehicle Regulation, Division of Motor Carriers to be used to the unit's ultimate destination. The department shall deny movements on any routes deemed unsuitable for move.

      (9) The issuance cost of an annual and trip permit shall be that established by KRS 189.270.

 

      Section 15. Traffic Control. (1) If an overweight/overdimensional load while crossing a bridge would encroach on any other lane of traffic:

      (a) All approaching traffic shall be stopped; and

      (b) All trailing traffic shall be prevented from attempting to pass the overweight/overdimensional load until the load has cleared the bridge and has moved sufficiently to the right to safely allow following traffic to pass.

      (2) An overweight/overdimensional load shall slow the movement of other traffic as little as possible. If traffic backs up either behind or in front of the load being moved, the escort vehicles and load shall exit the highway if there is sufficient space to do so.

 

      Section 16. Permit Validity. (1) Any vehicle hauling building materials to a home or home site shall be allowed to travel fifteen (15) miles off of any state highway classified to carry the registered weight of the vehicle for purpose of delivery.

      (a) The vehicle shall:

      1. Not be required to have a permit for overweight or overlength; and

      2. Be within the limits of the registration and within axle weight limits.

      (b) An operator shall be required to provide a bill of lading when engaged in the transportation of home building materials.

      (2) Travel on all overweight and overdimensional permits shall not be permitted in Boone, Kenton, Campbell, Fayette, Jefferson County (Louisville) or at the Owensboro, Kentucky 2155 bridge from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. Monday through Friday.

      (3) If satisfactory proof of an emergency is furnished to the Division of Motor Carriers, moves may be authorized during the hours restricted pursuant to KRS 189.270(11)(a).

      (4) The provisions of this section shall not apply to farm implements or equipment as defined in Section 1(4) of this administrative regulation if the farm implement or equipment:

      (a) Is less than twelve (12) feet wide;

      (b) Is used in part for off-road use; and

      (c) Is not transporting cargo.

      (5) Travel shall not be made in excess of the posted limitations on any bridge or other highway structure.

 

      Section 17. Weather Conditions. Moves of overdimensional loads more than twelve (12) feet wide shall not be made on any highway:

      (1) If wind velocity exceeds twenty-five (25) MPH; or

      (2) If adverse weather conditions or road conditions would cause these moves to be dangerous.

 

      Section 18. Brakes. (1) The number, type, size and design of brake assemblies required to assist the towing vehicle in controlling and stopping a manufactured home or boat shall be sufficient to assure that the maximum stopping distance from an initial velocity of twenty (20) miles per hour does not exceed forty (40) feet.

      (2) Manufactured homes which are not equipped with brakes on all axles shall certify that the towing unit has sufficient brake assembles to meet the braking distance specified in this section.

      (a) This certification shall be in the form of a manufacturer's statement, documented technical data, or adequate engineering analysis or its equivalent, specifying that the braking distance requirement has been met.

      (b) This certificate shall be carried in the towing unit at all times and shall be presented upon request, to any law enforcement officer.

 

      Section 19. Annual Farm Equipment Permits. (1) An annual permit shall not be issued for the movement of the following:

      (a) Self-propelled farm equipment which exceeds thirteen (13) feet eleven (11) inches in width;

      (b) Motor vehicle transporting farm equipment if the vehicle or load exceeds thirteen (13) feet eleven (11) inches in width unless the transporter is a farm equipment dealer transporting farm equipment from his dealership to a farm or from a farm to his dealership;

      (c) A motor vehicle transporting farm equipment which exceeds sixteen (16) feet in width;

      (d) Farm equipment if the length of the trailer and towing unit combined exceeds ninety-five (95) feet in length;

      (e) Farm equipment if the length of the straight truck and load exceeds fifty-five (55) feet; or

      (f) A motor vehicle transporting farm equipment if the power unit does not have sufficient horsepower or braking capacity to safely handle the load being transported.

      (2) A permit for the movement of farm equipment with a width greater than twelve (12) feet but which does not exceed sixteen (16) feet shall only be:

      (a) Issued to a farm equipment dealer; and

      (b) Valid when he is transporting the farm equipment from his dealership to a farm or from a farm to his dealership.

      (3) A motor vehicle for which a permit was issued to a farm equipment dealer to transport farm equipment with a width greater than thirteen (13) feet eleven (11) inches shall be:

      (a) Titled, registered and licensed in Kentucky; or

      (b) Apportioned licensed in another jurisdiction to operate in Kentucky.

 

      Section 21. Denial of Permit Application. (1) In accordance with 23 C.F.R. 658.17, the Transportation Cabinet, Division of Motor Carriers shall deny a permit application if:

      (a) The route includes any portion of the interstate highway system; and

      (b) The load is divisible.

      (2) The Transportation Cabinet may deny or restrict a permit for the use of any route if it would be detrimental to public safety or convenience. The Transportation Cabinet shall consider the following when making the determination on the application:

      (a) The strength of all bridges and structures on the route;

      (b) Traffic congestion on the route;

      (c) Horizontal and vertical alignment of the route;

      (d) The availability of alternate routes that afford greater safety;

      (e) Urban development in residential and commercial areas on the route;

      (f) The proximity of schools to the route; and

      (g) Any other condition that would unduly compromise public safety and convenience.

 

      Section 22. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) 23 C.F.R. 658.17, Truck Size and Weight, Route Designations - Length, Width and Weight Limitations, April 1, 2000;

      (b) 49 C.F.R. 393.11, Lighting Devices, Reflectors, and Electrical Equipment, October 1, 2000;

      (c) Application for Annual Overweight/Overdimensional Permit, TC 95-25, July 1998; and

      (d) Form TC 95-310, House Moving Application, July 2003 edition.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Carriers, 3rd Floor State Office Building, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. The telephone number is (502) 564-4540. (26 Ky.R. 1308; Am. 1582; 1947; eff. 5-22-2000; 28 Ky.R. 459; 1119; eff. 11-12-2001; 30 Ky.R. 1349; 2145; eff. 4-12-04.)