Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 35 - Coal Transportation › Section 601 KAR 35:020 - Transportation plans

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				42.455(8),
				177.977,
				350.060(11),
				351.175(6)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				351.175(6) requires that
				mine operators submit with their application for mining licenses a
				transportation plan certified by the Department of Vehicle Regulation. Further,
				KRS
				350.060(11) requires that
				mine operators submit with their application for mining licenses a
				transportation plan certified by the Transportation Cabinet. In conjunction
				with one another
				KRS
				42.455(8) and
				177.977
				designate the Transportation Cabinet as the agency responsible for the
				identification of public highways, roads, streets, and bridges that comprise
				the official coal haul highway system. This administrative regulation is
				adopted to provide for and regulate the gathering of pertinent information from
				all coal shippers or owners regarding the movement of coal, and to specify the
				procedures to be used to obtain a certified transportation plan.
Section 1. Application for Transportation
			 Plan. Every person subject to
			 KRS
			 351.175,
			 350.060,
			 42.455
			 and
			 177.977
			 shall apply to the Department of Highways for a certified transportation plan
			 for each route whereby the applicant proposes to transport materials.
			 Applications may be obtained from any highway district office.
Section 2. Form of Application. The
			 application form prescribed and furnished by the Department of Highways shall
			 require such information as is necessary to identify the origin of highway
			 transportation and the roads, streets, and bridges requested by the applicant,
			 and to adequately identify the applicant. The application must be accompanied
			 by a map designating the desired route. Copies of maps may be obtained from the
			 Department of Highways, Division of Planning, 419 Ann Street, Frankfort,
			 Kentucky, or from the district highway office of the district in which the
			 roads, streets and bridges are located. The specified form is available from
			 any district highway office.
Section
			 3. Filing of the Application. The original and two (2) copies of
			 the application for a certified transportation plan shall be submitted to the
			 Department of Highways district office for the county in which the haul route
			 originates. A separate application must be filed for each origin and
			 destination between which materials are to be transported.
Section 4. Reporting Requirements. Any person
			 issued a transportation plan for coal must file quarterly reports with the
			 Department of Highways pursuant to
			 603 KAR
			 5:115.
Section
			 5. Certification of Transportation Plans. The Chief District
			 Engineer for the Department of Highways district in which the haul route
			 originates shall certify the transportation plan on behalf of the Department of
			 Vehicle Regulation and the Transportation Cabinet.
Section 6. The effective date of this
			 administrative regulation is April 1, 1987.
STATUTORY AUTHORITY:
				  KRS
				  42.455(8),
				  174.080,
				  177.9771,
				  177.977,
				  177.979