Kentucky Statutes 189.230 – Reduction of load and speed limits — Fiscal court to require cooperative agreement of persons applying for permit under KRS 189.212
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(1) Except as provided in KRS § 189.221(6), 189.222, and 189.2226, the department, in respect to state and federal highways, and county judges/executive in respect to county highways, may prescribe, by notice as provided in subsection (3) of this section, load and speed limits lower than the limits prescribed in KRS § 189.221 and subsection (4) of KRS § 189.390, respectively, if in their judgment any highway may, by reason of its design, deterioration, rain, or other natural causes, be damaged or destroyed by motor trucks or semitrailer trucks, if their gross weight or speed exceeds certain limits. The department or fiscal court may, by like notice, regulate or prohibit the operation of motor trucks or semitrailer trucks on state highways or county roads for limited periods of specified days, or parts of days, if their load and speed exceed those limits, if in their judgment, the regulation or prohibition is necessary, by reason of traffic density or intensive use by the traveling public, to provide for the public safety and convenience on the highway.
(2) The department, in respect to bridges on the extended weight coal haul system defined in KRS § 177.9771, may prescribe, by notice, as provided in subsection (3) of this section, gross weight limits lower than the limits prescribed in KRS § 177.9771, when in its judgment any bridge on the extended weight coal haul road system may, by reason of its design or deterioration, be damaged or destroyed to the point of catastrophic failure by motor vehicles, if their gross weight exceeds certain limits. For the purposes of KRS § 177.9771, all bridges shall conform with KRS
177.9771(4)(a) to (d).
(3) The notice or the substance of it shall be posted at conspicuous places at the termini of and at all intermediate crossroads and road junctions with the section of the highway to which the notice applies. After a notice has been posted, a person shall not operate any motor truck or semitrailer truck contrary to its provisions.
(4) A fiscal court shall require all persons applying for a permit issued under KRS
189.212 to enter into a cooperative agreement with the fiscal court. The cooperative agreement shall provide for an equitable apportionment of the incremental costs for design, maintenance, construction, or reconstruction of those roads and bridges on which the person will be operating under the permit issued under KRS § 189.212. A fiscal court may require as part of a cooperative agreement for the person to give the fiscal court a bond to ensure payment of the equitable costs associated with the permit issued under KRS § 189.212. All funds collected under this subsection shall be expended on those roads covered by the cooperative agreement.
(5) A fiscal court shall not be relieved of expending its normal routine maintenance on all roads covered by cooperative agreements under the provisions of this section.
(6) A person who entered a cooperative agreement with a fiscal court under the provisions of subsection (4) of this section may terminate the agreement by submitting written notice to the fiscal court. If a person terminates a cooperative agreement with a fiscal court, the permit issued under KRS § 189.212 shall immediately be revoked by the fiscal court.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 124, sec. 37, effective June 24, 2003. — Amended
1998 Ky. Acts ch. 484, sec. 1, effective July 15, 1998. — Amended 1992 Ky. Acts ch.
143, sec. 3, effective July 14, 1992. — Amended 1986 Ky. Acts ch. 498, sec. 5, effective April 1, 1987. — Amended 1978 Ky. Acts ch. 384, sec. 335, effective June
17, 1978. — Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). — Amended 1958
Ky. Acts ch. 126, sec. 23, effective June 19, 1958. — Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739g-91.
(2) The department, in respect to bridges on the extended weight coal haul system defined in KRS § 177.9771, may prescribe, by notice, as provided in subsection (3) of this section, gross weight limits lower than the limits prescribed in KRS § 177.9771, when in its judgment any bridge on the extended weight coal haul road system may, by reason of its design or deterioration, be damaged or destroyed to the point of catastrophic failure by motor vehicles, if their gross weight exceeds certain limits. For the purposes of KRS § 177.9771, all bridges shall conform with KRS
Terms Used In Kentucky Statutes 189.230
- Department: means the Department of Highways. See Kentucky Statutes 189.010
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Motor truck: means any motor-propelled vehicle designed for carrying freight or merchandise. See Kentucky Statutes 189.010
- Semitrailer: means a vehicle designed to be attached to, and having its front end supported by, a motor truck or truck tractor, intended for the carrying of freight or merchandise and having a load capacity of over one thousand (1,000) pounds. See Kentucky Statutes 189.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
177.9771(4)(a) to (d).
(3) The notice or the substance of it shall be posted at conspicuous places at the termini of and at all intermediate crossroads and road junctions with the section of the highway to which the notice applies. After a notice has been posted, a person shall not operate any motor truck or semitrailer truck contrary to its provisions.
(4) A fiscal court shall require all persons applying for a permit issued under KRS
189.212 to enter into a cooperative agreement with the fiscal court. The cooperative agreement shall provide for an equitable apportionment of the incremental costs for design, maintenance, construction, or reconstruction of those roads and bridges on which the person will be operating under the permit issued under KRS § 189.212. A fiscal court may require as part of a cooperative agreement for the person to give the fiscal court a bond to ensure payment of the equitable costs associated with the permit issued under KRS § 189.212. All funds collected under this subsection shall be expended on those roads covered by the cooperative agreement.
(5) A fiscal court shall not be relieved of expending its normal routine maintenance on all roads covered by cooperative agreements under the provisions of this section.
(6) A person who entered a cooperative agreement with a fiscal court under the provisions of subsection (4) of this section may terminate the agreement by submitting written notice to the fiscal court. If a person terminates a cooperative agreement with a fiscal court, the permit issued under KRS § 189.212 shall immediately be revoked by the fiscal court.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 124, sec. 37, effective June 24, 2003. — Amended
1998 Ky. Acts ch. 484, sec. 1, effective July 15, 1998. — Amended 1992 Ky. Acts ch.
143, sec. 3, effective July 14, 1992. — Amended 1986 Ky. Acts ch. 498, sec. 5, effective April 1, 1987. — Amended 1978 Ky. Acts ch. 384, sec. 335, effective June
17, 1978. — Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). — Amended 1958
Ky. Acts ch. 126, sec. 23, effective June 19, 1958. — Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739g-91.