reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:066 - Weight (mass) limits for trucks

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.222(10), 23 C.F.R.
				658
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.222(10) authorizes the
				Secretary of Transportation to establish reasonable weight (mass) limits for
				trucks using the state maintained highway system. This administrative
				regulation prescribes the maximum weight (mass) limits for each classification
				of roads in accordance with state and federal laws. These weights may only be
				exceeded if an overweight permit has been issued for the operation of a motor
				vehicle by the Transportation Cabinet.
Section
			 1. Highway Classifications and Truck Types.
(1) Trucking highways. All state maintained
			 roads are assigned a classification in
			 603
			 KAR 5:301. Unless the motor vehicle being operated has
			 been issued an overdimensional permit by the Transportation Cabinet, the
			 maximum allowable gross weight (mass) for each classification shall be as
			 follows:
(a) Class "AAA" shall have a maximum
			 allowable gross weight (mass) of 80,000 pounds (36,287.36 kilograms).
(b) Class "AA" shall have a maximum allowable
			 gross weight (mass) of 62,000 pounds (28,122.70 kilograms).
(c) Class "A" shall have a maximum allowable
			 gross weight (mass) of 44,000 pounds (20,090.05 kilograms).
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:070 - Motor vehicle dimension limits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.655,
				189.222,
				23 C.F.R. Part 658, 23 U.S.C., 49 U.S.C. 31111,
				Pub.
				L. 114-94
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.222(11) authorizes the
				Transportation Cabinet to promulgate administrative regulations implementing
				the provisions of 23 C.F.R. Part 658 relating to the length, width, and weight
				limitations of motor vehicles travelling on the Commonwealth's state primary
				road system. This administrative regulation establishes the dimensions and the
				dimension combinations for motor vehicles travelling on all classes of highways
				in Kentucky. This administrative regulation also establishes the regulatory
				provisions relating to The Fixing America's Surface Transportation Act, or the
				FAST Act,
				Pub.
				L. 114-94.
Section
			 1. Definitions.
(1) "Enforcement
			 tolerance" means an amount, usually expressed as a percentage of the total
			 length, width, or weight measurement allowed in excess of the maximum to
			 account for the differences in measuring equipment or techniques.
(2) "Length exclusion safety device" means an
			 appurtenance:
(a) That is located at the front
			 or rear of a motor vehicle semitrailer or trailer;
(b) With a function related to the safe and
			 efficient operation of a motor vehicle semitrailer or trailer; and
(c) That is not designated, designed, or used
			 for carrying cargo.
(3)"National Truck Network" means a network
			 of highways on which motor vehicles with increased dimensions could operate
			 pursuant to the Surface Transportation Assistance Act of 1982, 23
			 U.S.C.
(4) "Stinger-steered" means
			 an automobile or boat transporter configured as a semitrailer combination in
			 which the fifth wheel is located on a drop frame behind and below the rear-most
			 axle of the power unit.
(5)
			 "Towaway trailer transporter combination" means the combination of a trailer
			 transporter towing unit and two (2) trailers or semitrailers, with a total
			 weight that does not exceed 26,000 pounds and does not carry the property or
			 constitute the inventory property of the manufacturer, distributor, or dealer
			 of the trailers or semitrailers.
(6) "Trailer transporter towing unit" means a
			 power unit that is not used to carry property if operating in a towaway trailer
			 transporter combination.
(7) "Width
			 exclusion safety device" means an addition or appurtenance located at the side
			 of a motor vehicle, semitrailer, or trailer with a function related to the safe
			 and efficient operation of the vehicle and not designated, designed, or used
			 for carrying cargo.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:072 - Mandatory annual bus inspection

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.231, Chapter 281
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.231 authorizes the Secretary of
				Transportation to restrict or regulate traffic on state-maintained highways in
				such manner as is reasonably necessary to promote the safety and convenience of
				the traveling public.
				KRS
				281.600 authorizes the Department of Vehicle
				Regulation to promulgate administrative regulations regarding safety
				requirements for and method of operation of motor vehicles. This administrative
				regulation sets forth the requirement that buses undergo a safety inspection at
				least once each year. It further provides notice that the annual safety
				inspection of buses subject to
				601 KAR
				1:005 shall be performed pursuant to that
				administrative regulation rather than this one.
Section 1. Definition. "Bus" shall mean all
			 motor vehicles that are required to be registered under the terms of
			 KRS
			 186.050 or
			 186.060,
			 designed and used for carrying passengers and having provisions for more than
			 nine (9) passengers including the driver. "Bus" shall not include motor
			 vehicles operated by any common school system, motor vehicles operated under a
			 city bus certificate required by KRS Chapter 281 when operating within the
			 corporate limits of a city, and regular route bus operators operating under a
			 certificate required by KRS Chapter 281.
Section
			 2. Annual Inspections.
(1) All
			 buses be inspected annually by Transportation Cabinet, Department of Vehicle
			 Regulation personnel for compliance with the minimum vehicle safety equipment
			 standards established under Federal Motor Carrier Safety Regulations adopted by
			 the United States Department of Transportation as 49 Code of Federal
			 Regulations, Part 393, and adopted by Kentucky Administrative Regulation
			 601 KAR
			 1:005.
(2)
			 The annual inspection shall be performed by the Division of Motor Vehicle
			 Enforcement. The inspection may take place at any of Kentucky's weigh stations
			 or arrangements may be made by contacting the Division of Motor Vehicle
			 Enforcement at (502) 564-3276.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:077 - Motor vehicles prohibited on Louisville Hill, Frankfort

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.231
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.231 authorizes the Secretary of
				Transportation to restrict or regulate traffic on state-maintained highways in
				a manner as is reasonably necessary to promote the safety and convenience of
				the traveling public. The purpose of this administrative regulation is to
				promote the public safety by restricting and regulating the use of a portion of
				a state-maintained highway by certain types of motor vehicles and by motor
				vehicles hauling hazardous materials.
Section
			 1. Definitions.
(1) "Flammable
			 material" means liquid or gaseous petroleum products.
(2) "Hazardous material" means a substance or
			 material defined as or meeting the criteria of a hazardous material by KRS
			 Chapter 174 or
			 601 KAR
			 1:025.
(3)
			 "Motor vehicle combination" means a motor vehicle of any type or size operated
			 in combination with any trailer or towed load.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:115 - Coal-haul highway system; reporting requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				42.455(8),
				177.977,
				177.9771
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				174.080(2) and
				177.977(2)
				authorize the Transportation Cabinet to promulgate administrative regulations
				regarding the designation of the official coal-haul highway system. Reporting
				by shippers or owners of coal or coal by-products is necessary for the annual
				preparation and publication of the report of the coal-haul highway system. This
				administrative regulation designates the procedures and intervals by which
				information shall be reported to the cabinet by a shipper or owner.
Section 1. Definitions.
(1) "Coal by-product" means:
(a) Bottom ash;
(b) Burned coal waste known as red
			 dog;
(c) Coal cinders;
(d) Coal slag;
(e) Fly ash;
(f) Scrubber sludge; or
(g) Wet bottom boiler slag.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:120 - Access control of highways

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				175.450(7), (9),
				176.050(1)(i),
				177.106,
				177.230,
				177.240(1),
				177.315,
				177.410(8),
				177.440
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 177 provides
				the authority to define, design, construct, and maintain highways whereby the
				access is controlled. This administrative regulation sets forth procedures to
				designate or modify the type of control to be utilized.
Section 1. Definitions.
(1) "Access by permit" means all highways
			 designated as access by permit on the department's plans.
(2) "Access control" means the condition
			 where the privilege to access a highway by abutting owners, occupants, or other
			 persons is controlled by public authority. Types of access control include
			 access by permit, fully-controlled access, and partially-controlled
			 access.
(3) "Commissioner" means
			 the Commissioner of Highways.
(4)
			 "Department" is defined by
			 KRS
			 176.010(1).
(5) "Department's plans" means the
			 department's current plans which are based upon plans made at the time of
			 contract letting together with any subsequent changes in access control made in
			 conformance with applicable laws and administrative regulations.
(6) "Fully-controlled access" means all
			 highways which give preference to through traffic and which shall have access
			 only at selected public roads or streets and which shall have no highway at
			 grade crossings or intersections. The termini for control of access shall be as
			 shown on the department's plans.
(7) "Partially-controlled access" means all
			 highways which give preference to through traffic. However, access to selected
			 public roads and streets may be provided and there may be some highway at grade
			 intersections and private driveway connections as shown on the department's
			 plans. The termini for control of access shall be as shown on the department's
			 plans.
(8) "Railroad access" means
			 an approved access point to a highway which is used for railroad maintenance
			 purposes only and which is specifically shown on the department's
			 plans.
(9) "Rural" means all areas
			 other than urban.
(10) "Urban"
			 means areas of residential, commercial or industrial developments of sufficient
			 concentration that they constitute or are characteristic of a city which
			 necessitates, for safety reasons, reduced highway speed limits to forty-five
			 (45) MPH or less, excluding speed limits on interstate systems.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:150 - Encroachment permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				176.050(1)(i),
				177.047,
				177.103,
				177.106
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				176.050(1)(i) requires the
				Department of Highways to promulgate administrative regulations for the care
				and maintenance of roads after they have been constructed.
				KRS
				177.047 requires that any person who intends
				to lay conduit, pipes, poles, or wires over or under a city street that is part
				of the state-maintained system of highways do so in accordance with
				administrative regulations of the Department of Highways.
				KRS
				177.106 requires any person to obtain a
				permit for any encroachment to the right-of-way of any state highway. This
				administrative regulation provides the policies and procedures in maintenance
				of highways to allow encroachments onto a highway or right-of-way.
Section 1. Incorporation by Reference.
(1) Kentucky Transportation Cabinet, Permits
			 Manual, as revised and effective May 2, 2019 is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained subject to applicable copyright law Monday
			 through Friday between 8 a.m. and 4:30 p.m. at:
(a) Kentucky Transportation Cabinet, Office
			 of Human Resource Management, Organizational Management Branch, Frankfort,
			 Kentucky 40622;
(b) Kentucky
			 Transportation Cabinet, Division of Maintenance, Permits Branch, 200 Mero
			 Street, 3rd Floor East, Frankfort, Kentucky 40622; or
(c) Any of the twelve (12) highway district
			 offices.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:155 - Vegetation management

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 176.010(2), 176.050(1), 177.106, 177.830(5),
				177.990(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 176.050(1)(i) requires
				the department to promulgate administrative regulations concerning the care and
				maintenance of roads in the Commonwealth. This administrative regulation
				establishes a vegetation management permitting process for the removal and
				pruning of vegetation on department right-of-way.
Section 1. Definitions.
(1) "Advertising device" is defined by KRS 177.830(5).
(2) "Department" is
			 defined by KRS 176.010(2).
(3)
			 "Person" means any individual, firm, co-partnership, joint venture,
			 association, social club, fraternal organization, corporation, estate, trust,
			 business trust, receiver, syndicate, cooperative, or any other group or
			 combination acting as an individual or unit.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:220 - Cooperative agreements for transportation of coal

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				177.9771,
				177.979,
				189.230,
				351.175(6),
				350.060(11)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.979 provides for the Department of
				Highways to enter into cooperative agreements for the transportation of coal.
				This administrative regulation is necessary to define procedures, requirements,
				and limitations for cooperative agreements.
Section
			 1. Applications for Cooperative Agreements.
(1) Any person engaged in the mining,
			 processing, transporting, or sale of coal who desires to enter into a
			 cooperative agreement pursuant to
			 KRS
			 177.979 for the transportation of coal in
			 vehicles exceeding the maximum weight limits on state-maintained highways shall
			 apply to the Department of Highways for a cooperative agreement. Application
			 forms shall be prescribed by the Department of Highways and may be obtained
			 from any highway district office or the department's Division of Maintenance in
			 Frankfort, Kentucky.
(2) The
			 application form prescribed by the Department of Highways shall require such
			 information as is necessary to identify the applicant and each segment of state
			 maintained highway which the applicant proposes to utilize. The application
			 shall be accompanied by a copy of the certified transportation plan obtained by
			 the applicant pursuant to
			 601 KAR
			 35:020 for the route or routes to be included in the
			 agreement. The application must also be accompanied by a list of vehicles to be
			 used to transport coal pursuant to the cooperative agreement. The following
			 information must be provided for each vehicle:
(a) Vehicle owner;
(b) Current registration number;
(c) Vehicle identification number;
(d) Vehicle make and year;
(e) Vehicle type (tandem, tridem, or
			 tractor).
(3) The
			 application shall be submitted to the chief district engineer for the highway
			 district in which the transportation of coal originates.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:240 - Naming of roads and bridges

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				177.074
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.074 allows roads and bridges to be named
				after an individual, historic event or any other name of historical
				significance. This administrative regulation sets forth the steps to be
				followed when petitioning the transportation secretary requesting a road or
				bridge name. It further sets forth the standards for design and placement of
				signs denoting the name of the road or bridge.
Section 1. A person, organization or
			 governmental unit who is petitioning the transportation cabinet to name a road
			 segment or bridge shall submit the petition in writing. The petition shall
			 contain at least the following information:
(1) Exact identification and location of the
			 road segment or bridge;
(2)
			 Specific civic or historic significance of the proposed name;
(3) Identification of the petitioner
			 including spokesperson's name, address, telephone number and position with
			 organization or government unit; and
(4) A statement of whether the petitioner
			 wishes to reimburse the transportation cabinet for preparation and erection of
			 the commemorative signs or wishes to prepare signs and place them as approved
			 by the department of highways.
(5)
			 Summary of the results of a public comment hearing held on the petition by the
			 petitioner or a unit of local government.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:250 - Selection of National Truck Network highways and reasonable access to these highways

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.221,
				189.222,
				23 C.F.R. Part 658
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.222 authorizes the Secretary of
				Transportation to establish reasonable size limits for motor vehicles using the
				State Primary Road System. 23 CFR Part 658 requires the states to establish
				access review procedures certified by the Federal Highway Administration (FHWA)
				for purposes of allowing the operation of specified vehicles beyond the
				original limits of the National Truck Network as authorized by the Surface
				Transportation Appropriations Act of 1982. This administrative regulation is
				promulgated in order to provide for the procedures for the selection of
				additional highway segments to be included in the National Truck Network and
				terminal and service facility access review procedures to be administered by
				the Department of Highways.
Section 1.
			 Definitions.
(1) "STAA vehicle" shall mean a
			 vehicle which exceeds the dimension limits set forth in
			 603 KAR
			 5:070, Section 1, but which does not exceed the
			 dimensions prescribed by
			 603 KAR
			 5:070, Section 2(2). This includes the larger vehicles
			 authorized by the Surface Transportation Assistant Act of 1980 as amended and
			 23 CFR Part 658.
(2) "National
			 Truck Network (NTN)" shall mean the system of highway routes in Kentucky
			 described in
			 603 KAR
			 5:070, Section 3, and Appendix A to 23 CFR Part 658
			 .
(3) "Reasonable access" shall
			 mean the right for an STAA vehicle to access a terminal or service facility
			 under the provisions of 23 CFR Part 658.19 .
(4) "Service facility" shall mean any
			 commercial facility that provides repair, fuel, food, or rest to an STAA
			 vehicle or its operator.
(5)
			 "Terminal" shall mean any location where freight either originates, terminates,
			 or is handled in the transportation process, or where commercial motor carriers
			 maintain operating facilities.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:320 - Safety in highway work zones

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 189.232,
				189.2325,
				189.390(4)(b),
				189.394(6)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.2325 requires the Transportation Cabinet
				to promulgate administrative regulations governing the posting of signs
				advising motorists that penalties are increased for traffic violations
				occurring on state-maintained streets or highways in a highway work zone.
				KRS
				189.390(4)(b) authorizes the
				Transportation Cabinet to temporarily reduce established speed limits in a
				highway work zone without an engineering or traffic investigation. This
				administrative regulation establishes guidelines for the posting of signs in
				highway work zones and addresses the maximum reduction in speed limit the
				Transportation Cabinet may be able to effect without an engineering or traffic
				investigation.
Section 1. Definition.
			 "Highway work zone" is defined by
			 KRS 189.232.
Section 2. Double Fine Signs.
(1) At the beginning of that portion of a
			 highway work zone where the fines for traffic violations are to be doubled, the
			 Department of Highways shall place a sign with the following message: "Fine
			 Doubled in Work Zone".
(2) At the
			 end of that portion of a highway work zone where the fines for traffic
			 violations are to be doubled, the Department of Highways shall place a sign
			 with the following message: "End Double Fine".
(3) The construction or manufacture of double
			 fine signs shall be governed by the criteria set forth in the Department of
			 Highways document "Double Fine Signs Specifications".
(4) The signs required by subsections (1) and
			 (2) of this section shall be removed or covered so that the required message is
			 not visible or legible to the traveling public or a law enforcement officer
			 when the highway work zone does not have a worker present for more than a two
			 (2) hour period of time.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:350 - Off-highway vehicles, safety, and routes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				12.020,
				148.0222,
				174.020,
				189.281,
				189.390,
				189.515,
				189.520,
				304.39-110,
				16 C.F.R. sec.
				1420.3
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.281 requires the cabinet to promulgate
				administrative regulations relating to the local government pilot program for
				off-highway vehicles (OHV). This administrative regulation establishes the
				criteria for OHV ordinances, petitions, and the rescinding thereof, OHV
				enforcement requirements, and OHV safety plan requirements and establishes the
				OHV safety requirements and the safety equipment verification protocol. This
				administrative regulation shall expire on July 1, 2024, pursuant to
				KRS
				189.281.
Section
			 1. Definitions.
(1) "Agreement"
			 means the written document executed by the designees of the local government
			 and the cabinet, detailing the terms and conditions of OHV use on designated
			 state owned or maintained highways.
(2) "Business district" is defined by
			 KRS
			 189.390(1)(a).
(3) "Cabinet" means the Transportation
			 Cabinet.
(4) "Local government" is
			 defined by KRS
			 189.281(1)(a).
(5) "Off-highway vehicle" or "OHV" is defined
			 by KRS
			 189.281(1)(b).
(6) "Regional authority" is defined by
			 KRS
			 189.281(1)(c).
(7) "State highway" is defined by
			 KRS
			 189.390(1)(c).
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:360 - Transportation Cabinet use of interstate and parkway signs to locate missing persons

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39F.180, 29F.200
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39F.180(2)(e) requires the
				duty officer of the Division of Emergency Management to provide notice to the
				Transportation Cabinet of certain missing persons in order to carry out prompt
				publication by message boards on all interstates and parkways in the
				Commonwealth of Kentucky.
				KRS
				39F.180(6) requires the
				Transportation Cabinet to promulgate administrative regulations relating to
				reporting requirements from the Division of Emergency Management to the
				Transportation Cabinet. This administrative regulation establishes the
				requirements to request the use of interstate and parkway signs related to
				missing persons.
Section 1.
			 Definitions.
(1) "Duty officer" means an
			 officer on duty at the Division of Emergency Management, Emergency
			 Communications Information Center or ECIC, at the time the notice of missing
			 person is received.
(2) "Missing
			 person" means a person missing, lost, or overdue as established in
			 KRS
			 39F.180(1) and
			 (2).
(3) "Missing person report" means, pursuant
			 to
			 KRS
			 39F.180(2)(a) through (d), a
			 written or electronic report containing information to appropriately identify
			 the missing person if the person is seen or discovered by a third
			 party.
(4) "Notice" means
			 information provided at the point in time a local search and rescue coordinator
			 contacts the Division of Emergency Management with a request and required
			 information to establish the basis for a missing person report.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 7 - Mass Transportation › Section 603 KAR 7:020 - Nonurbanized Public Transportation Program and Elderly and Handicapped Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 96A.010-96A.370,
				96A.090,
				96A.095
NECESSITY, FUNCTION, AND CONFORMITY: The Nonurbanized Public
				Transportation Program is authorized and governed by Section 18 of the Urban
				Mass Transportation Act of 1964, as amended; 49 USC 1601 et seq. and 49 CFR
				825. The Elderly and Handicapped Public Transportation Program is authorized
				and governed by Section 16(b)(2) of the same Act. The Transportation Cabinet is
				authorized by
				KRS
				96A.095 to accept funds from the Commonwealth
				and any of its agencies and from federal agencies appropriations and grants to
				accomplish the promotion and development of mass transit services in Kentucky.
				The function of this administrative regulation is to implement the procedures
				required to administer the Nonurbanized Public Transportation Program and the
				Elderly and Handicapped Public Transportation Program in accordance with
				applicable state and federal laws and regulations.
Section 1. In order to facilitate the
			 administration of the Nonurbanized Public Transportation Program as authorized
			 by Section 18 of the Urban Mass Transportation Act and KRS Chapter 96A and the
			 Elderly and Handicapped Public Transportation Program as authorized by Section
			 16(b)(2) of the Urban Mass Transportation Act and KRS Chapter 96A, the
			 following are adopted by reference:
(1) The
			 "State Management Plan" for the Section 18 and Section 16(b)(2) Programs issued
			 April, 1981 and last revised September, 1988, by the Transportation Cabinet.
			 This management plan is a document designed to facilitate both the
			 Transportation Cabinet and the Urban Mass Transportation Administration (UMTA).
			 It outlines the cabinet's procedures and policies for administering both the
			 Section 18 and Section 16(b)(2) programs. It also includes guidelines to inform
			 all prospective and continuing grantees for public transportation assistance in
			 nonurbanized areas of the federal and state requirements for a grant.
(2) The Section 16(b)(2) Application
			 Guidelines issued October, 1988 by the Transportation Cabinet. It includes
			 guidelines to inform all prospective and continuing grantees for elderly or
			 handicapped public transportation assistance of the federal and state
			 requirements for a grant.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 7 - Mass Transportation › Section 603 KAR 7:090 - Railroads

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				174.057,
				174.130,
				177.120,
				277.060,
				277.070,
				277.170,
				277.240,
				277.300
NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to
				KRS
				174.057, the Transportation Cabinet has
				authority to regulate railroads and assume powers previously vested with the
				Railroad Commission. This administrative regulation establishes reporting
				requirements that will provide a means for review of railroad activity within
				the Commonwealth of Kentucky.
Section
			 1. Definition. "Railroad" means any person or entity engaged in
			 the transportation of persons or property for compensation within this state by
			 rail except street, suburban or inter-urban railway companies.
Section 2. Annual Reports.
(1) Any railroad that passes on rail within
			 this Commonwealth shall file annual reports with the Office of Intermodal
			 Programs in the Transportation Cabinet.
(2) Annual reports shall be filed on or
			 before March 31 of each year.
(3)
			 Annual reports shall include the following information:
(a) A copy of information contained in the
			 annual report filed with the United States Surface Transportation Board or
			 other proper federal agency relative to Kentucky including:
1. Summary of road property and equipment and
			 improvements to leased property and equipment within the state;
2. Railway operating revenues earned within
			 the state;
3. Railway operating
			 expenses within the state;
4.
			 Mileage operated at close of year within the state;
5. Statistics of rail-line operations within
			 the state;
6. Revenue freight
			 carried during the year within the state; and
7. Highway-rail grade crossing within the
			 state; or
(b) In the
			 event the company is not required to file the report referenced in subsection
			 (3)(a) pursuant to federal law, a copy of the Kentucky form State Statistics,
			 incorporated by reference.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 8 - Transportation Scholarship Program › Section 603 KAR 8:010 - Transportation Scholarship Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 176, 1986 Acts ch. 401
NECESSITY, FUNCTION, AND CONFORMITY: An adequate staff is
				essential to the efficient operation of the engineering functions within the
				Transportation Cabinet. The purpose of the Transportation Scholarship Program
				is to provide highly qualified individuals to fill the cabinet's needs and
				improve the overall engineering expertise available within the cabinet. This
				administrative regulation provides policy and procedure for the Transportation
				Scholarship Program for civil engineers and civil engineering technologists, or
				other branches of engineering if approved by the Secretary of
				Transportation.
Section 1.
			 Responsibilities.
(1) The Secretary of
			 Transportation shall be responsible for approving scholarships in civil
			 engineering or engineering technology, or other branches of engineering when a
			 need exists in the Transportation Cabinet.
(2) The State Highway Engineer, subject to
			 the approval of the Secretary of Transportation, shall be responsible for the
			 overall policies, guidance, administration, and proper utilization of the
			 Transportation Scholarship Program.
(3) Universities participating in the program
			 shall enter into a written agreement with the Transportation Cabinet in which
			 the university agrees to accept the following responsibilities:
(a) Appoint a scholarship selection committee
			 from the faculty of the university department affected. That committee will
			 receive and review applications for scholarships to attend their university and
			 make recommendations for awards to the State Highway Engineer.
(b) Notify all successful applicants of
			 requirements for enrollment and attendance at the university.
(c) Provide academic guidance and counseling
			 to each scholarship recipient.
(d)
			 Provide to the Transportation Cabinet semester grades, semester grade point
			 averages, and overall grade point averages for each scholarship
			 student.
(e) Aid the cabinet in
			 overall coordination of the program and provide space for meetings.
(f) Notify the cabinet immediately if any
			 scholarship student fails to enroll or attend the university, or leaves the
			 university.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 9 - Division of Planning › Section 603 KAR 9:010 - Railroad crossing closure procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 177.120-177.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.120 requires the Transportation Cabinet
				to promulgate administrative regulations that contain standards governing the
				closure of public railway/highway grade crossings. This administrative
				regulation sets forth procedures the Transportation Cabinet shall follow
				regarding the production of a list of railroad crossings which shall be
				considered for closure, the evaluation of the candidate list with respect to
				possible closure, and the ultimate decision to recommend closure.
				KRS
				177.120 considers that public safety will be
				enhanced by the closure of redundant and inherently dangerous crossings.
Section 1. Candidate Lists.
(1) The Transportation Cabinet shall compose
			 a list of candidate railroad crossings for possible closure or other
			 appropriate action drawn from the following sources:
(a) Responses to a letter sent to each county
			 or local government in the Commonwealth through which railroad rights-of-way
			 pass requesting a list of railroad crossings suggested for closure;
(b) Responses to a letter sent to each
			 railroad company operating in the Commonwealth requesting a list of railroad
			 crossings suggested for closure;
(c) Recommendations from other public or
			 private agencies or individuals; and
(d) Railroad crossings which the
			 Transportation Cabinet considers candidates for closure.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 9 - Division of Planning › Section 603 KAR 9:020 - Automatic gates at public grade crossings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.561
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.561 requires the Transportation Cabinet
				to investigate any public grade crossing not equipped with automatic crossing
				gates, which has an average daily traffic volume of 4000 or more vehicles and
				at which two (2) or more accidents involving a train and other vehicle have
				occurred within a five (5) year period. Excluded are nonfatal accidents caused
				by mechanical failure of the motor vehicle, accidents in which the operator of
				the highway motor vehicle was in violation of KRS Chapter 189A, or other
				nonwarning signal related cause as set forth by the Transportation Cabinet in
				administrative regulation. This administrative regulation sets forth the list
				of nonwarning signal related accidents.
Section
			 1. Definition. "Public grade crossing" means as defined in
			 KRS
			 177.010(4).
Section 2. Qualifying Accident. In evaluating
			 the public grade crossing accident reports, the Transportation Cabinet shall
			 exclude the reports showing the following causes or circumstances associated
			 with the highway vehicle/train collision which are not related to a warning
			 device:
(1) The highway vehicle was not
			 performing a railroad/highway crossing maneuver at the time of the
			 collision;
(2) The driver of the
			 highway vehicle made a willful decision to disregard the warning that a train
			 was approaching and to place self at risk;
(3) The driver of the highway vehicle was
			 warned of the approach of the train but was unable to stop the highway vehicle
			 because of excessive speed or adverse highway conditions;
(4) The driver of the highway vehicle left
			 the scene of the accident prior to the investigation;
(5) The driver of the highway vehicle was
			 stopped on the railroad tracks prior to the approach of a train because of
			 traffic congestion on the highway;
(6) The highway vehicle was struck by another
			 vehicle and propelled into the crossing; or
(7) The driver of the highway vehicle did not
			 hold an operator's license of the type necessary for the operation of that
			 highway vehicle; or
(8) The driver
			 of the highway vehicle was not in control of the vehicle due to external
			 circumstances such as illness.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 10 - Billboards › Section 603 KAR 10:002 - Definitions for 603 KAR Chapter 10

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 177.572-177.576, 177.830-177.890, 23 C.F.R.
				Part 750, 23 U.S.C. 103, 131
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.860 requires the Commissioner of the
				Department of Highways to promulgate administrative regulations establishing
				standards for advertising devices.
				KRS
				177.890 authorizes the Commissioner of the
				Department of Highways to enter into agreements with the United States
				Secretary of Transportation in order to carry out national policy relating to
				interstate, defense, and federal-aid primary highways within the state.
				23 U.S.C.
				131, the Highway Beautification Act,
				authorizes retention of additional federal funding on the establishment of
				controls over the placement of outdoor advertising devices. This administrative
				regulation defines the terms used in 603 KAR Chapter 10.
Section 1. Definitions.
(1) "Abandoned" or "discontinued" means that
			 for a period of one (1) year or more an advertising device has:
(a) Not displayed advertising
			 matter;
(b) Displayed obsolete
			 advertising matter;
(c) Needed
			 substantial repairs due to lack of maintenance; or
(d) Only advertised for the sale, rent, or
			 lease of the advertising device.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 10 - Billboards › Section 603 KAR 10:040 - Advertising devices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				177.572 - 177.576, 177.830 - 177.890,
				177.990(2), 23 C.F.R. Part 750,
				23 U.S.C.
				131
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.860 requires the Commissioner of the
				Department of Highways to promulgate administrative regulations establishing
				standards for advertising devices.
				KRS
				177.890 authorizes the Commissioner of the
				Department of Highways to enter into agreements with the United States
				Secretary of Transportation in order to carry out national policy relating to
				interstate, defense, and federal-aid primary highways within the state.
				23 U.S.C.
				131, the Highway Beautification Act,
				authorizes retention of additional federal funding on the establishment of
				controls over the placement of outdoor advertising devices. This administrative
				regulation establishes the standards for static and electronic advertising
				devices.
Section 1. Definitions.
(1) "Abandoned" means that, for a period of
			 one (1) year or more, an advertising device previously lawfully erected has:
(a) Not displayed advertising;
(b) Displayed obsolete advertising;
			 or
(c) Needed substantial repairs
			 due to lack of maintenance.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 10 - Billboards › Section 603 KAR 10:040E - Advertising devices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				177.572 - 177.576, 177.830 - 177.890,
				177.990(2), 23 C.F.R. Part 750,
				23 U.S.C.
				131
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.860 requires the Commissioner of the
				Department of Highways to promulgate administrative regulations establishing
				standards for advertising devices.
				KRS
				177.890 authorizes the Commissioner of the
				Department of Highways to enter into agreements with the United States
				Secretary of Transportation in order to carry out national policy relating to
				interstate, defense, and federal-aid primary highways within the state.
				23 U.S.C.
				131, the Highway Beautification Act,
				authorizes retention of additional federal funding on the establishment of
				controls over the placement of outdoor advertising devices. This administrative
				regulation establishes the standards for static and electronic advertising
				devices.
Section 1. Definitions.
(1) "Abandoned" means that, for a period of
			 one (1) year or more, an advertising device previously lawfully erected has:
(a) Not displayed advertising;
(b) Displayed obsolete advertising;
			 or
(c) Needed substantial repairs
			 due to lack of maintenance.
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:020 - Motor vehicle auction dealer title transfer requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 186A, 190
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.020 grants the Motor Vehicle Commission
				authority to supervise its licensees with respect to all provisions of
				KRS
				190.010 to
				190.080,
				under administrative regulations promulgated by it.
				KRS
				190.030 requires a dealer license of anyone
				engaging in the business of motor vehicle dealer within this state.
				KRS 190.073 gives the
				commission authority to promulgate appropriate and reasonable administrative
				regulations for the purpose of carrying out the provisions of KRS Chapter 190.
				This administrative regulation is designed to make it incumbent upon motor
				vehicle auction dealers licensed by the Motor Vehicle Commission to insure that
				members of the general public who sell or purchase motor vehicles through an
				auction do so in a legal manner.
Section
			 1. A motor vehicle auction dealer, defined in
			 KRS
			 190.010(10), before offering
			 a motor vehicle at auction by any person other than a licensed motor vehicle
			 dealer, defined in
			 KRS
			 190.010(2), shall have in
			 his possession, unencumbered, all documents required by
			 KRS
			 186A.215 properly endorsed and executed by
			 the person proposing to sell the vehicle.
Section 2. No motor vehicle auction dealer
			 shall engage in the offering or sale, by any person other than a licensed motor
			 vehicle dealer, of any motor vehicle when the documents required by KRS 186.215
			 are not made available to the purchaser of the motor vehicle, prior to
			 accepting payment for same.
Section
			 3. No motor vehicle auction dealer, after the sale of a motor
			 vehicle through the auction to a person other than a licensed motor vehicle
			 dealer, shall allow to be taken out of the possession of the auction dealer the
			 documents required by
			 KRS
			 186A.215 until such documents have been
			 properly executed by the purchaser of said vehicle.
STATUTORY AUTHORITY:
				  KRS
				  190.020,
				  190.030(1),
				  190.073
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:030 - Applications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 190.010-190.080
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.030 provides for the issuance of various
				licenses to engage in the activity of a motor vehicle dealer.
				KRS
				190.020 requires the commission, under
				administrative regulations promulgated by it, to issue the licenses provided
				for by
				KRS
				190.010 to
				190.080.
				KRS 190.073 requires
				the commission to promulgate appropriate and reasonable administrative
				regulations for the purpose of carrying out the provisions of KRS Chapter 190.
				This administrative regulation allows the Motor Vehicle Commission to provide
				for an orderly procedure for the submission and content of applications to
				facilitate processing of applications and the issuance of the license.
Section 1. Application and Renewal.
(1) An Application for Motor Vehicle Dealer
			 License, form TC 98-1, shall be submitted on behalf of an individual or entity
			 wishing to obtain a license using a name that is not the name of a current
			 licensee. Applicants shall provide additional information in support of the
			 application if requested by the commission or its staff. The application shall
			 not be considered complete until the additional information is
			 received.
(2) Renewal of a dealer
			 license shall be submitted by completing a Dealer License Renewal Application
			 available on the commission's Web site at
https://mvc.ky.gov/Pages/Online-Renewal.aspx
.
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:031 - Automotive mobility dealer requirements and licensing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 186A, 190.010 (13), (26), (27), (28),
				190.031
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				190.031 requires the Motor Vehicle Commission
				to establish requirements for initial application for and renewal of a license
				to be an automotive mobility dealer and directs the commission to establish
				relevant requirements which must include provisions for automotive mobility
				dealers to meet reasonable and appropriate quality assurance standards. This
				administrative regulation sets forth those requirements and standards.
Section 1.
(1) In addition to the application
			 requirements, which shall include compliance with the following:
(a)
										KRS
			 189.010 to
			 189.221
			 regarding the equipment and function of vehicles operated in
			 Kentucky;
(b)49 C.F.R. 567
			 regarding modification and alteration of vehicles;
(c)49 C.F.R. 571, Federal Motor Vehicle
			 Safety Standards; and
(d)49 C.F.R.
			 595 regarding make inoperative exemptions contained in
			 605 KAR 1:030, an
			 automotive mobility dealer applicant shall certify that its operations will
			 meet reasonable and appropriate quality assurance requirements.
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:035 - Facilities requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				190.010(19),
				190.035
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.035 provides for dealers to have an
				established place of business with sufficient space and attributes consistent
				with the activity of the license applied for as established by regulations
				issued by the commission.
				KRS 190.073 requires
				the commission to promulgate appropriate and reasonable administrative
				regulations for the purpose of carrying out the provisions of KRS Chapter 190.
				This administrative regulation establishes those requirements and
				standards.
Section 1. In addition to
			 the requirements of
			 KRS
			 190.010(19), the established
			 place of business of a dealership shall:
(1)
			 Have a business office which:
(a) Is
			 underpinned and on a permanent foundation. The dealership business office need
			 not be a separate walled enclosure;
(b) Has electricity;
(c) Has adequate facilities for the physical
			 or electronic storage of business records;
(d) Has a working business telephone used
			 exclusively for the sale of motor vehicles;
(e) Has a desk and chairs for the use of the
			 business;
(f) Has at least 100
			 square feet of floor space;
(g) Is
			 located on or immediately adjacent to the vehicle storage or display
			 lot;
(h) Is not part of a
			 residence;
(i) Is used exclusively
			 as a licensee business office and has a separate postal street
			 address.