601 KAR 1:018. Special overweight or overdimensional motor vehicle load permits.

 

      RELATES TO: KRS 175.450, 177.390-177.570, 177.9771, 186.010(8), 186.050, 189.221, 189.2225(3), 189.270, 189.271, 189.2715, 189.2717, 281.838, 23 C.F.R. 658.17, 49 C.F.R. 367, 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(6), 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.

 

      Section 1. Definitions. (1) "Axle spacing" means the measurable distance between the axle centers of the axle unit.

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

      (3) "Cosignor" means a shipper of goods.

      (4) "Cosignee" means a recipient of goods.

      (5) "Divisible load" means a load that if divided, dismantled, disassembled, or rearranged would no longer be overweight or overdimensional.

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

      (7) "Height pole" means a vertical clearance measuring device.

      (8) "International bill of lading" means a receipt or ticket for property tendered for transportation by a common motor carrier or private carrier in foreign commerce containing the following information:

      (a) Cosignor;

      (b) Cosignee;

      (c) Origin and destination points;

      (d) Number of packages;

      (e) Description of freight or goods; and

      (f) Date.

      (9) "Nondivisible load" means a load or vehicle, that if separated into smaller loads or vehicles 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.

      (10) "Overdimensional" means the motor vehicle exceeds the dimension limits established in 603 KAR 5:070.

      (11) "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.

      (12) "Permit fee" means the fee established 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.

      (13) "Pole trailer" means a motor vehicle without motive power that 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 that generally are capable of sustaining themselves as beams between the supporting connections.

      (14) "Sealed, containerized, ocean-going cargo unit" means a nondivisible unit of cargo that is part of international trade due to importation from, or exportation to another country.

      (15) "Steering axle" means the axle or axles of a vehicle or combination of vehicles by which the vehicle or vehicles are guided or steered.

      (16) "Tandem" means any two (2) axles with centers forty two (42) inches or more apart but less than ninety six (96) inches apart.

      (17) "Tridem" means any three (3) consecutive axles with centers forty two (42) inches or more apart and less than 120 inches apart.

      (18) "Trunnion axle" means an axle configuration with two (2) individual axles mounted in the same transverse plane with four (4) tires on each axle connected at a pivot point that allows each individual axle to oscillate in a vertical plane to provide constant and equal weight distribution on each individual axle.

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

 

      Section 2. Overweight or Overdimensional Permit Application. (1) An applicant for an overweight or overdimensional single trip permit shall submit a completed Kentucky Overweight or Overdimensional Permit Worksheet, TC Form 95-10 to the Division of Motor Carriers.

      (2) An applicant for an overweight or overdimensional annual permit shall submit a completed Application for Annual Overweight or Overdimensional Permit, TC Form 95-25 to the Division of Motor Carriers.

      (3) An application for an overweight or overdimensional single trip or annual permit shall be submitted to the Division of Motor Carriers by:

      (a) Hand delivery;

      (b) Mail;

      (c) Fax; or

      (d) The online motor carrier permitting system.

      (4) An overweight or overdimensional single trip permit shall be valid for:

      (a) One (1) move; and

      (b) A duration of ten (10) days.

      (5) An overweight or overdimensional annual permit shall be valid for 365 days from date of issue.

      (6) An overweight or overdimensional single trip permit application or request shall specify the following:

      (a) The year, make, and vehicle identification number 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) The name, address, and telephone number of the owner;

      (f) The dates of travel;

      (g) The serial number for a manufactured home;

      (h) The specific routes of travel requested;

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

      (j) The Kentucky Highway Use License (KYU License) or the DOT number; and

      (k) Axle spacing.

      (7) If the towing vehicle for which an overweight or overdimensional 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 281.838.

      (8) An overweight or overdimensional 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 and unit number;

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

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

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

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

      (h) A general description of cargo;

      (i) Axle spacing; and

      (j) The Kentucky Highway Use License (KYU License) or the DOT number.

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

      (10) A special overweight or overdimensional annual or trip permit to allow the movement of a motor vehicle with a gross weight or gross dimension in excess of the weights and dimensions established in KRS 189.270, 189.271, 189.2715, and 189.2717 shall be issued by the Division of Motor Carriers if the movement is necessary to provide transportation for specified cargo in the interest of the health, welfare, or economy of the people.

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

      (12) A separate overweight or overdimensional permit shall be required for each vehicle involved in a movement.

      (13) An overweight or overdimensional permit shall not be issued for a divisible load that if reasonably divided, dismantled, disassembled, or rearranged would no longer be overweight or overdimensional except as provided by KRS 189.2715 or 189.2717.

      (14) An overweight or overdimensional permit shall not be issued to the following:

      (a) A Kentucky licensed vehicle with 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. The vehicle has been apportioned registered by another jurisdiction to operate in Kentucky at 80,000 pounds (36,287.36 kilograms); or

      2. The vehicle has met the provisions of KRS 281.838;

      (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.

      (15) The cabinet shall further restrict the movement or deny the overweight or overdimensional permit for a movement that may cause damage to property or that may be detrimental to public safety or convenience.

      (16) An overweight or overdimensional 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 an overweight or overdimensional single-trip permit pursuant to KRS 189.270(2) prior to movement.

      (2) The maximum height for each overweight or overdimensional single-trip 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 a combination unit of less than five (5) axles; or

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

      (2) A vehicle shall not be issued an overweight or overdimensional permit that does not have a declared gross weight of at least 80,000 lbs.

      (3) The weight on a 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 wheel axle - 24,000 pounds;

      (b) Steering axle - 20,000 pounds;

      (c) Tandem dual-wheel axle group if the combination vehicle has only five (5) axles total - 45,000 pounds;

      (d) Tandem dual-wheel axle group if the combination vehicle has six (6) or more axles total - 48,000 pounds;

      (e) Tridem dual-wheel axle group - 60,000 pounds;

      (f) Five (5) axle combination units not exceeding 96,000 pounds gross weight;

      (g) Six (6) axle combination units not exceeding 120,000 pounds gross weight;

      (h) Seven (7) axle combination units not exceeding 160,000 pounds gross weight; or

      (i) Trunnion axle group maximum gross weight as determined by the formula established in 603 KAR 5:066, Section 3(7).

      (4) Maximum weights shall not be permitted unless all bridges and roads on the moving route have sufficient capacity to accommodate the load.

      (5) A self propelled truck crane shall not exceed the following axle, axle group weights, or gross weight:

      (a) Single wheel axle: 23,000 pounds;

      (b) Tandem dual-wheel axle group: 46,000 pounds; and

      (c) Tridem dual-wheel axle group: 69,000 pounds.

      (6) The maximum gross weight for a four (4) axle self-propelled truck crane shall be 92,000 pounds.

      (7) The maximum gross weight for a five (5) axle self-propelled truck crane shall be 115,000 pounds.

 

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

      (2) An overweight or overdimensional permit holder shall not cut, trim, remove, or relocate a tree, shrub, guardrail, highway sign, or other object without the written approval of the landowner or the chief district engineer or designee in the district office where the property is physically located.

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

 

      Section 6. Overweight or Overdimensional Permit Availability. (1) A valid overweight or overdimensional permit issued by the Division of Motor Carriers shall be carried in the overweight or overdimensional vehicle during transit.

      (2) A valid overweight or overdimensional annual or single trip permit shall be presented upon request to law enforcement or authorized personnel of the Department of Vehicle Regulation.

      (3) An overweight or overdimensional annual permit not authenticated by the Division of Motor Carriers shall not be valid.

 

      Section 7. Duplicate Overweight or Overdimensional Permits. (1) A duplicate overweight or overdimensional permit that is needed to replace a lost, stolen, or destroyed annual permit or to transfer the permit to another towing vehicle shall be obtained from the Division of Motor Carriers by a payment of ten (10) dollars.

      (2) One (1) transfer to another towing vehicle shall be allowed for each overweight or overdimensional annual permit during its effective year.

      (3) An additional transfer of the overweight or overdimensional annual permit requested shall be subject to the permit fees established in KRS 189.270.

      (4) The original overweight or overdimensional permit shall be returned to the Division of Motor Carriers prior to the transfer of an annual permit.

 

      Section 8. Travel Restrictions. (1) A time extension shall only be granted if the overweight or overdimensional permit holder proves extenuating circumstances, such as weather, fire, natural disaster, or unforeseen emergency.

      (2)(a) As needed for public safety, the department shall further prohibit movements in congested areas within the peak traffic hours.

      (b) The additional restrictions shall be noted on the overweight or overdimensional permit upon issuance.

      (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. Escort Vehicle Safety Requirements. (1) The provisions of this section shall not apply if the vehicle or equipment is less than twelve (12) feet wide and:

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

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

      (c) Not transporting cargo.

      (2) A required escort vehicle shall accompany the overweight or overdimensional vehicle at a distance of 300 feet (91.44 meters) on open highways unless it is necessary to travel at a distance closer or farther away from the vehicle accompanied for safety or due to road conditions.

      (3) An escort vehicle shall:

      (a) Maintain radio contact with the load;

      (b) Post appropriate signs on the vehicle;

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

      (d) Keep its headlamps lit during transit; and

      (e) Use a height pole if the escorted load is fifteen (15) feet or greater.

      (4) One (1) lead escort shall be required for:

      (a) 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 in width travelling on a two (2) lane highway;

      (b) 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);

      (c) Utility equipment, a pole, or pipe being transported that exceeds fifty-five (55) feet (16.76 meters) in length.

      (5) One (1) trail escort shall be required for:

      (a) A vehicle and load with a width exceeding twelve (12) feet (3.66 meters) that does not maintain a speed of forty-five (45) miles per hour (72.42 kilometers per hour) on a highway that is four (4) lanes or wider;

      (b) A vehicle and load traveling on a two (2) lane highway at speeds below the posted speed limit on its route; and

      (c) A vehicle and load with a length of 120 feet or less traveling on a four (4) lane or wider highway.

      (6) One (1) lead and one (1) trail escort shall be required for:

      (a) A vehicle and load with a length in excess of eighty-five (85) feet (25.91 meters traveling on a two (2) lane highway);

      (b) A vehicle and load with a width exceeding twelve (12) feet (3.66 meters) on a two (2) lane highway; and

      (c) A vehicle and load with a length in excess of 120 feet traveling on a four (4) lane or wider highway.

 

      Section 10. Flag and Sign Requirements for Escort Vehicles. (1) Red or orange fluorescent flags that 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) A vehicle 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) A vehicle operating overlength or with a rearend overhang shall display two (2) warning flags located to indicate maximum width at the extreme rear of the vehicle or load.

      (2) A vehicle 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.

      (a) A warning sign shall be six (6) to eight (8) feet in width stating "OVERSIZE LOAD" in black letters on a yellow background.

      (b) The black letters shall be at least eighteen (18) inches high (11,612.7 millimeters) with a brush stroke of at least one and four tenths (1.4) inches (35.56 millimeters).

      (c) A warning sign shall be displayed on a lead escort vehicle so that it is visible to oncoming traffic.

      (d) A warning sign shall be displayed at the:

      1. Front of the power unit;

      2. Rear of the towed unit; or

      3. Rear of the load.

      (3) If a 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 while the power unit is in operation.

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

      (b) A front overhang on a combination vehicle shall be prohibited.

      (5) As a special provision of the permit and due to safety considerations, the Division of Motor Carriers may require additional escort vehicles, lighting, or warning flags.

 

      Section 11. House or Building Permits. (1) An application for a permit to move a house or building shall be made on House Moving Application, TC Form 95-310, and submitted to the Division of Motor Carriers via mail, hand delivery, or the motor carrier online permitting system at the Division of Motor Carriers, Transportation Cabinet Building, 200 Mero Street Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4 p.m., or via fax at (502) 564-0992.

      (2)(a) House moving permits shall be issued for movements that occur during off-peak traffic hours.

      (b) The mover shall furnish all escorts and flagmen required to protect the public.

      (3) A house moving permit shall not be issued for the movement of a permanent building other than a portable storage unit on a parkway or an interstate highway.

      (4)(a) 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 a house moving permit.

      (b) Specific restrictions shall be identified on the house moving permit, and deviation from the restrictions shall void the house moving permit.

 

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

 

      Section 13. Overweight or Overdimensional Permit Required. Until an authorized overweight or overdimensional permit has been issued by the Division of Motor Carriers under the provisions of this administrative regulation and KRS 189.270:

      (1) An overweight or 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 or 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. Overweight or Overdimensional Annual Permits. (1)(a) A permit shall not be issued for the movement of an overweight or overdimensional load in excess of sixteen (16) feet in width inclusive of the usual overhang.

      (b) Mirrors on a towing vehicle shall not be considered in determining the width of an overweight or overdimensional load.

      (2) Prior to a movement of an overweight or overdimensional load under the provisions of an annual permit, the permit holder shall evaluate the entire route proposed to be used for the movement of the overweight or 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 may 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 or overdimensional load.

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

      (a) Select a different route; or

      (b) Contact the Division of Motor Carriers for approval to move the overweight or overdimensional load over that specific route.

      (5) An overweight or overdimensional 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.

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

      (7) Moves of overweight or 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 Division of Motor Carriers. The cabinet shall deny movements on a route unsuitable for move.

 

      Section 15. Traffic Control. (1) If an overweight or 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 or 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 or overdimensional load shall slow the movement of other traffic as little as possible. If traffic backs up behind the load being moved, the escort vehicles and load shall exit the highway if there is sufficient space to do so.

 

      Section 16. Overweight or Overdimensional Permit Validity. (1) A vehicle hauling building materials to a home or home site shall be allowed to travel fifteen (15) miles off of a 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 while engaged in the transportation of home building materials.

      (2)(a) 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.

      (b) An overweight or overdimensional load originating in Fayette County shall be exempt from traffic rush hour restrictions on Interstate 64 and Interstate 75 in Fayette County and on connecting routes to both interstates up to a distance of three (3) miles from the interstates.

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

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

 

      Section 17. Weather Conditions. (1) A move of an overweight or overdimensional load more than twelve (12) feet wide shall not be made on a highway if a wind advisory has been issued by the National Weather Service; 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 shall not exceed forty (40) feet.

      (2) A manufactured home not equipped with brakes on all axles shall certify that the towing unit has sufficient brake assemblies to meet the braking distance specified in this section. Certification shall be in the form of:

      (a) A manufacturer's statement;

      (b) Documented technical data; or

      (c) An engineering analysis or its equivalent stating that the braking distance has been met.

      (3) The certification shall be carried in the towing unit and shall be presented upon request to law enforcement.

 

      Section 19. Permits for Sealed, Containerized, Ocean-going Cargo Units. (1) A vehicle moving a sealed, containerized, ocean-going cargo unit shall be eligible for an overweight or oversized single trip permit.

      (2) A vehicle eligible for an overweight or oversized permit shall meet the specifications and limitations established in KRS 189.222 and Section 4 of this administrative regulation.

      (3) An applicant for an overweight or overdimensional permit shall submit the following to the Division of Motor Carriers:

      (a) A completed Kentucky Overweight or Overdimensional Permit Worksheet, TC Form 95-10;

      (b) A payment of sixty (60) dollars pursuant to KRS 189.270(2); and

      (c) A copy of an international bill of lading signed by a custom's official, or an international bill of lading with an equipment interchange and inspection report.

      (4) An overweight or overdimensional permit shall be valid for:

      (a) One (1) move;

      (b) A duration of ten (10) days; and

      (c) Twenty four (24) hour continuous movement during the duration of the overweight or overdimensional permit.

      (5) During transit, an operator shall have in his or her possession a copy of the documents established in subsection (3)(c) of this section.

 

      Section 20. Denial of Overweight or Overdimensional Permit Application. (1) In accordance with 23 C.F.R. 658.17, the Division of Motor Carriers shall deny an overweight or overdimensional permit application if:

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

      (b) The load is divisible.

      (2) The Transportation Cabinet shall deny or restrict an overweight or overdimensional permit for the use of a route if it is detrimental to public safety or convenience. The Transportation Cabinet shall consider the following while making a 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 clearance on 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) A condition that would unduly compromise public safety and convenience.

 

      Section 21. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for Annual Overweight or Overdimensional Permit", TC Form 95-25, August 2010;

      (b) "House Moving Application", TC Form 95-310, November 2007;

      (c) "Kentucky Overweight or Overdimensional Permit Worksheet", TC Form 95-10, February 2011.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Carriers, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4 p.m. (26 Ky.R. 1308; 1582; 1947; eff. 5-22-2000; 28 Ky.R. 459; 1119; eff. 11-12-2001; 30 Ky.R. 1349; 2145; eff. 4-12-2004; 37 Ky.R. 808; 2000; eff. 2-9-2011; 38 Ky.R. 1487; 1957; eff. 7-6-2012.)