KRS § 189.270 — KY Code / Title XVI / Chapter 189 / Section 189.270
189.270 Special permits to exceed limits -- Administrative regulations
Status: in_force

189.270 Special permits to exceed limits -- Administrative regulations.

(1) (a) The department may issue permits for the operation 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 transported that exceeds the weight or dimension

limits established by this chapter if the load being transported is a nondivisible

load.

(b) The vehicle operating under a permit issued under this subsection 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.

(4) The department shall establish the following annual permits 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 farm, 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 issuing 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 traffic

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 subsection (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 overdimensional vehicle. The

department shall 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

indemnify 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 subsection (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

immediately 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 overdimensional 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;

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 escort shall not be required to do both.