Any peace officer having reason to believe that the height, length, width or weight of any motor truck, semitrailer truck, or trailer, is in excess of the maximum limits prescribed by KRS § 189.221 and subsection (1) of 189.222 or permitted by any special permit issued under KRS § 189.270 and in the possession of the operator, may measure it or weigh it either by portable or stationary scales, and may require it to be driven to the nearest scales, if such scales are within a distance of five (5) miles from the point at which the vehicle is first directed to stop. If the officer shall determine that the operation of the motor truck, semitrailer, or trailer, was unlawful, he shall require the operator of said motor truck, semitrailer truck, or trailer to unload such portion of the load as may be necessary to decrease the gross weight of the vehicle to the maximum gross weight permitted under the terms of KRS § 189.221 and subsection (1) of 189.222 or of KRS
189.270, or he may, at the election of the operator, permit the operator to move the vehicle with its load to the nearest city or nearest court having jurisdiction, at which place the excess load shall be unloaded. The excess load shall be unloaded at the sole risk of the owner. The refusal of the operator to permit his motor truck, semitrailer truck, or trailer to be measured or weighed, or to proceed to a scales, or to unload the excess load, shall constitute a violation of KRS § 189.221 to KRS § 189.228.

Terms Used In Kentucky Statutes 189.223

  • City: includes town. See Kentucky Statutes 446.010
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Motor truck: means any motor-propelled vehicle designed for carrying freight or merchandise. See Kentucky Statutes 189.010
  • Operator: means the person in actual physical control of a vehicle. See Kentucky Statutes 189.010
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • 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
  • Trailer: means any vehicle designed to be drawn by a motor truck or truck-tractor, but supported wholly upon its own wheels, intended for the carriage of freight or merchandise and having a load capacity of over one thousand (1,000) pounds. See Kentucky Statutes 189.010
  • Vehicle: includes :
    1. See Kentucky Statutes 189.010

History: Created 1950 Ky. Acts ch. 115, sec. 4.