KRS § 177.979 — KY Code / Title XV / Chapter 177 / Section 177.979
177.979 Cooperative agreements between Department of Highways and transporters of coal in vehicles exceeding maximum weight limits on state-maintained system
Status: in_force

177.979 Cooperative agreements between Department of Highways and

transporters of coal in vehicles exceeding maximum weight limits on state-

maintained system.

(1) Any person engaged in the mining, processing, transporting or sale of coal that

provides for the transportation of coal in vehicles exceeding the maximum weight

limits on the state-maintained system shall enter into a cooperative agreement with

the Department of Highways, or give bond for damages as provided by KRS

189.271, if a road to be used is not part of the extended weight coal or coal by-

products haul road system. However, if a resolution issued pursuant to KRS

177.9771(9) on a road with a maximum allowable gross weight of eighty thousand

(80,000) pounds is approved by the Transportation Cabinet, a cooperative

agreement shall not be required. Such cooperative agreements shall provide for an

equitable apportionment of the incremental costs for design, maintenance,

construction, or reconstruction of those roads and bridges, except those roads and

bridges which are part of the federal interstate highway system, resulting from the

transportation of coal by trucks transporting coal in excess of the maximum weight

limits on the state-maintained system and covered by the cooperative agreement.

Nothing contained herein shall effect the continuing validity of any existing

agreement.

(2) Notwithstanding KRS Chapter 143 the total tax contributions from any person

entering into a cooperative agreement, as specified in this section, shall not exceed,

in the aggregate, the sum of five thousand dollars ($5,000) per mile per year on

those roads covered by the cooperative agreement, but shall equal a minimum of

one thousand two hundred dollars ($1,200) per motor vehicle hauling coal over

those cooperative road segments over three (3) miles in length, but such

contribution shall not exceed ten cents ($0.10) per ton of coal hauled on cooperative

roads per year from an individual coal operator unless otherwise agreed to by the

operator. The Transportation Cabinet may allow any person, under the cooperative

agreement, to provide for the design, approved maintenance, construction, or

reconstruction provided for in subsection (1) of this section in accordance with

guidelines or standards prescribed by the cabinet. In the event any person exceeds

his annual total tax contribution as authorized under a cooperative agreement, such

person may petition the commissioner of vehicle regulation for a carry over for

future years liability. All funds collected pursuant to this section shall be expended

on those roads covered by the cooperative agreement.

(3) Notwithstanding any provision of KRS 177.976 to 177.981, the Commonwealth

shall not be relieved of expending its normal routine maintenance on all roads

covered by the cooperative agreements.

(4) Any person who entered into a cooperative agreement may terminate it upon

submitted written notice to the Department of Highways.

(5) If the person requesting termination of the cooperative agreement has reported to

the Transportation Cabinet that fifty thousand (50,000) or more tons of coal have

been transported over the road covered by the cooperative agreement, the

Transportation Cabinet shall immediately, by official order or emergency

administrative regulation, add the road segment to the list of roads currently

comprising the extended weight coal or coal by-products haul road system.