601 KAR 1:019 Overweight or Overdimensional Farm Equipment

Link to law: http://www.lrc.ky.gov/kar/601/001/019.htm
Published: 2015

      601 KAR 1:019. Overweight or

overdimensional farm equipment.

 

      RELATES

TO: KRS 189.222, 189.270,(4), 281.010(1)

      STATUTORY

AUTHORITY: KRS 189.270(6), 189.271(9)(b), 189.2717(1)

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 189.271(9)(b) authorizes the cabinet to

promulgate administrative regulations establishing the requirements to issue a

permit for the movement of a divisible or nondivisible load exceeding legal

weights and dimensions. KRS 189.270(6) requires the cabinet to establish safety

requirements for the escort vehicles accompanying an overweight or

overdimensional vehicle. This administrative regulation establishes the

requirements for the issuance of single and annual permits for overweight and

overdimensional farm equipment. This administrative regulation establishes the

safety requirements for escort vehicles accompanying farm equipment and exempts

certain farm equipment movements from the requirement of obtaining an

over-dimensional permit, but retains the associated safety requirements.

 

      Section

1. Definitions. (1) "Convoy" means multiple pieces of farm equipment

moving in a continuous stream and travelling together for safety and

convenience.

      (2)

"Farm equipment" means machinery, an implement, or a vehicle used

exclusively in a farm or agriculture operation including non registered self-propelled

farm equipment.

      (3)

"Fully controlled access highway" means a highway that:

      (a)

Gives preference to through traffic;

      (b)

Has access only at selected public roads or streets; and

      (c)

Has no highway grade crossing or intersection.

      (4)

"Nondivisible load" means a load or vehicle, that if separated into

smaller loads or vehicles would:

      (a)

Compromise the intended use of the vehicle, making it unable to perform the

function for which it was intended;

      (b)

Destroy the value of the load or vehicle, making it unusable for its intended

purpose; or

      (c)

Require more than eight (8) work hours to dismantle using appropriate equipment.

      (5)

"Overdimensional" means the motor vehicle exceeds the dimension

limits established in 603 KAR 5:070.

      (6)

"Overweight" means the motor vehicle exceeds:

      (a)

The gross weight limit established in 603 KAR 5:066;

      (b)

The axle weight limit established in 603 KAR 5:066;

      (c)

The gross weight limits established by KRS 177.9771 for a motor vehicle

transporting coal or coal by-products;

      (d)

The bridge weight limit established by 603 KAR 5:066; or

      (e)

The gross weight limit posted at a bridge or other structure.

      (7)

“Self-propelled farm equipment" means a non registered vehicle used exclusively

in a farm or agricultural operation that is capable of movement on its own

power.

      (8)

"Toll road" means any project constructed under the provisions of KRS

175.450 or 177.390 through 177.570 on which a toll is collected or was in the

past collected by the Transportation Cabinet.

 

      Section

2. Overweight or Overdimensional Permit Not Required. (1) An overweight or

overdimensional permit shall not be required for the transport of overweight or

overdimensional farm equipment or self-propelled farm equipment from:

      (a)

One farm to another;

      (b)

A farm to a repair shop or dealer; or

      (c)

A repair shop or dealer to a farm.

      (2)

A non permitted move shall comply with the safety requirements of this

administrative regulation.

 

      Section

3. Overweight or Overdimensional Annual or Single Trip Permit Required. (1) An overweight

or overdimensional annual or single trip permit shall be required if a move is

from a:

      (a)

Manufacturer to a dealer;

      (b)

Dealer to a manufacturer; or

      (c)

Dealer to a dealer.

      (2)

An overweight or overdimensional annual or single trip permit shall be required

for the movement of farm equipment on:

      (a)

A fully controlled access highway;

      (b)

A toll road parkway; or

      (c)

An interstate highway.

      (3)

The cabinet shall consider the following to make the determination on an

overweight or overdimensional single or annual permit application:

      (a)

The strength of bridges and structures on the route;

      (b)

Traffic congestion on the route;

      (c)

Horizontal and vertical clearance on the route;

      (d)

The availability of alternate routes that afford greater safety;

      (e)

Urban development in residential and commercial areas on the route;

      (f)

The proximity of schools to the route; and

      (g)

Another condition that would unduly compromise public safety and convenience.

 

      Section

4. Overweight or Overdimensional Single Trip Permits. (1)(a) An overweight or

overdimensional single trip permit shall be issued for the movement of farm

equipment or self propelled farm equipment if a load is non divisible farm equipment

exceeding the weight or dimensions established in KRS 189.222 or 189.270(3) and

(4). The cabinet shall restrict the movement or deny the overweight or

overdimensional permit if the movement may cause damage to property or may be

detrimental to public safety or convenience.

      (2)

The permit fee for the cabinet to issue an overweight or overdimensional single

trip permit shall be as established in KRS 189.270(2).

      (3)(a)

An applicant for an overweight or overdimensional single trip permit shall

submit to the Division of Motor Carriers a completed Kentucky Overweight or

Overdimensional Permit Worksheet, TC Form 95-10.

      (b)

An application received after 3 p.m., Eastern standard time, shall not be

processed until the following business day.

 

      Section

5. Overweight or Overdimensional Annual Permits. (1) An overweight or

overdimensional annual permit shall be issued by the cabinet for the movement

of farm equipment or self propelled farm equipment as established in KRS

189.270(3) and (4).

      (2)

The permit fee for the cabinet to issue an overweight or overdimensional annual

permit shall be as established in KRS 189.270(3) and (4).

      (3)

An applicant for an overweight or overdimensional annual permit shall submit to

the Division of Motor Carriers a completed Application for Annual Overweight or

Overdimensional Permit, TC Form 95-25.

 

      Section

6. Overweight or Overdimensional Permits for Self-propelled Farm Equipment. (1)

Self-propelled farm equipment shall not operate on a:

      (a)

Toll road;

      (b)

Parkway; or

      (c)

Interstate highway.

      (2)

Self-propelled farm equipment shall be issued an overweight or overdimensional

single trip or annual permit to operate on a fully-controlled access highway if

the movement:

      (a)

Does not create an unreasonable impedance of the flow of traffic; and

      (b)

Is accompanied by the applicable escort vehicle, if required, as established in

Section 7 of this administrative regulation.

 

      Section 7. Escort

Vehicles for Farm Equipment. (1) General escort

vehicle requirements.

      (a)

A lead escort vehicle operating on a two (2) lane highway may serve as a tow vehicle.

      (b)

The distance requirement for an escort vehicle to lead or trail an overweight

or overdimensional farm equipment shall be 300 feet (91.44 meters), but the

distance may vary if necessary due to safety or road conditions.

      (c)

An escort vehicle shall keep its

headlights on during an escort.

      (d)

A single vehicle and load that do not exceed forty-five (45) miles per hour

operating on a four (4) lane highway shall have at least one (1) trail escort.

      (2)

A single vehicle and load in

excess of twelve (12) feet in width:

      (a)

Operating on a two (2) lane highway, shall have at least one (1) lead escort

vehicle; and

      (b)

Operating on a four (4) lane highway, shall have at least one (1) trail escort vehicle.

      (3)

A single vehicle and load in excess of eighty-five (85) feet in length operating

on a two (2) lane highway, shall have at least one (1) lead vehicle.

      (4)

A single vehicle and load 120

feet in length or more operating on a four (4) lane highway, shall have at

least one (1) trail vehicle.

      (5)

Convoy. More than one (1) farm equipment vehicle and load, exceeding twelve

(12) feet in width or exceeding eighty-five (85) feet in length, being operated

as a convoy on a two (2) lane highway, shall have at least one (1) lead vehicle

for the total convoy.

 

      Section

8. Sign, Flag, and Lighting Requirements. An overweight or overdimensional

vehicle or its escort shall bear a sign declaring that the vehicle is oversized

or shall use lights, flashers, or flags.

      (1)

Signage. A sign shall:

      (a)

Be at least six (6) to eight (8) feet in width;

      (b)

State “Oversize Load”;

      (c)

Have black letters on a yellow background. The black letters shall be at least

eighteen (18) inches tall (11,612.7 millimeters) with a brushstroke of at least

one and four-tenths (1.44) inches (35.56 millimeters) wide; and

      (d)

Be displayed so that the sign shall be visible to traffic.

      (2)

Flags. A flag shall be:

      (a)

Red or fluorescent orange;

      (b)

At least eighteen (18) inches (11,612.7 millimeters) square;

      (c)

Displayed at the widest point of the load or on the escort vehicle.

      (3)

Lights.

      (a)

Lights shall be:

      1.a.

Amber oscillating; or

      b.

Flashing; and

      2.

Visible from the rear.

 

      Section

9. Travel Restrictions. (1) The movement of farm equipment or self-propelled

farm implements in excess of twelve (12) feet in width shall not be made on a

highway if adverse weather or road conditions will cause the move to be

dangerous.

 

      Section

10. Height and Weight Requirements. (1) A nonexempt farm vehicle and load with

a height in excess of thirteen (13) feet, six (6) inches shall obtain a

single-trip overweight or overdimensional permit pursuant to KRS 189.270(2)

prior to movement.

      (2)

The maximum height for each single-trip overweight or overdimensional permit

shall be determined by the cabinet based on bridge and underpass height along

the designated route.

      (3)

Gross or axle overweight shall not be permitted on a nonexempt farm vehicle

with the following configuration:

      (a)

A combination unit of less than five (5) axles; or

      (b)

A single unit.

      (4)

To be issued an overweight or overdimensional permit, a vehicle shall have a

declared gross weight of at least 80,000 pounds.

      (5)

The weight on a single axle in a combination shall not exceed the product of

700 pounds times the aggregate width in inches established by the

manufacturer’s stamped tire measurement of all the tires on the axle, or the

following axle or axle group weights, whichever is less:

      (a)

Single-wheel axle: 24,000 pounds;

      (b)

Steering axle: 20,000 pounds;

      (c)

Tandem dual-wheel axle group if the combination vehicle has only five (5) axles

total: 45,000 pounds;

      (d)

Tandem dual-wheel axle group if the combination vehicle has six (6) or more

axles total: 48,000 pounds;

      (e)

Tridem dual-wheel axle group: 60,000 pounds;

      (f)

Five (5) axle combination units not exceeding 96,000 pounds gross weight;

      (g)

Six (6) axle combination units not exceeding 120,000 pounds gross weight;

      (h)

Seven (7) axle combination units not exceeding 160,000 pounds gross weight; or

      (i)

Trunnion axle group maximum gross weight as determined by the bridge weight

formula established in 603 KAR 5:066, Section 2(7).

      (6)

The maximum weight shall not be permitted, unless all bridges and roads on the

moving route have sufficient capacity to accommodate the load.

 

      Section

11. Responsibility of the Overweight or Overdimensional Permit Holder. (1)(a)

Damage to the highway, signs, guardrails, or other public or private property

caused by the transportation of the farm equipment shall be the responsibility

of the overweight or overdimensional permit holder.

      (b)

An overweight or overdimensional permit holder shall either repair the damage

incurred or pay for the repair.

      (c)

An overweight or overdimensional permit holder shall not cut, trim, remove, or

relocate a tree, shrub, guardrail highway sign, or other object on the highway

right-of-way without the written approval of the chief district engineer or

designee in the district office where the property is physically located.

      (2)

An applicant shall be responsible for providing accurate information and

reviewing the permit prior to travel on Kentucky highways.

 

      Section

12. Duplicate Overweight or Overdimensional Permits. (1) A duplicate overweight

or overdimensional permit that is needed to replace a lost, stolen, or

destroyed annual permit or to transfer the permit to another towing vehicle,

shall be obtained from the Division of Motor Carriers by a payment of ten (10)

dollars.

      (2)

One (1) transfer to another towing vehicle shall be allowed for each annual

overweight or overdimensional permit during the permit’s effective year.

      (3)

An additional transfer of an annual overweight or overdimensional permit shall

be subject to the fees established in KRS 189.270.

      (4)

An original overweight or overdimensional permit shall be returned to the

Division of Motor Carriers prior to the transfer of an annual overweight or

overdimensional permit.

 

      Section

13. Incorporation by Reference. (1) The following material is incorporated by

reference:

      (a)

"Application for Annual Overweight or Overdimensional Permit", TC

Form 95-25, December 2011; and

      (b)

"Kentucky Overweight or Overdimensional Permit Worksheet", TC Form

95-10, December 2011.

      (2)

This material may be inspected, copied, or obtained, subject to applicable

copyright law, at the Department of Vehicle Regulation, 200 Mero Street,

Frankfort, Kentucky 40622. This material may also be obtained by accessing the

cabinet’s Web site at http://transportation.ky.gov/.

(38 Ky.R. 1399; 1962; eff. 7-6-2012.)
Read Entire Law on www.lrc.ky.gov