RELATES TO: KRS 175.450, 177.390-177.570, 177.9771, 186.010(8), 186.050, 189.221, 189.222, 189.2225(3), 189.270, 189.271, 189.2715, 189.2716, 189.2717, 227.550, 281.838, 23 C.F.R. 658.17, 49 C.F.R. 367, 393.11
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.270(6), 189.271(9)(b), 189.2715(1), 189.2716, and 189.2717(1) authorize the Secretary of the Kentucky Transportation Cabinet to issue permits for the movement of motor vehicles with divisible or nondivisible loads exceeding legal weights or dimensions. This administrative regulation establishes the procedures and requirements for the issuance of an overweight or overdimensional single trip or annual permit including the height, width, and length necessary for vehicles and loads; escort safety requirements; the requirements to move a house or building; and the criteria necessary to obtain a permit for a sealed, containerized, ocean-going cargo unit.
Section 1. Definitions. (1) "Axle spacing" means the measurable distance between the axle centers of the axle unit.(2) "Boat" means a vehicle used for movement on the water and includes the trailer on which it is placed for transporting the vehicle on the highway.(3) "Designated National Truck Network" means routes approved for use by increased dimension as established in KRS 189.222.(4) "Height pole" means a vertical clearance measuring device.(5) "International bill of lading" means a receipt or ticket for property tendered for transportation by a common motor carrier or private carrier in foreign commerce including: (c) Origin and destination points;(e) Description of freight or goods; and(6) "Manufactured home" is defined by KRS 227.550(7).(7) "Nondivisible" means a load, cargo unit, 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 four (4) or eight (8) work hours to dismantle and reassemble contingent on the route traveled.(8) "Overdimensional" means the motor vehicle exceeds the dimension limits established in 603 KAR 5:070.(9) "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.(10) "Permit fee" means the fee established in KRS 189.270, 189.2715, or 189.2717 for the issuance of an overweight or overdimensional trip or annual permit, to cover the cost of processing the permit application, including: (a) A qualification check of the applicant;(b) A statutory compliance check; and(c) An initial bridge and weight analysis.(11) "Pole trailer" means a motor vehicle without motive power that is:(a) Designed to be drawn by a motor vehicle and attached to the towing motor vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing motor vehicle; and(b) Used for transporting long or irregularly shaped loads such as poles, pipes, or structural members that generally are capable of sustaining themselves as beams between the supporting connections.(12) "Sealed, containerized, ocean-going cargo unit" means a nondivisible unit of cargo that is part of international trade due to importation from, or exportation to, another country.(13) "Self-propelled specialized mobile equipment" means every self-propelled vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways.(14) "Steering axle" means the axle or axles of a vehicle or combination of vehicles by which the vehicle or vehicles are guided or steered.(15) "Tandem" means any two (2) axles with centers forty two (42) inches or more apart but less than ninety six (96) inches apart.(16) "Tridem" means any three (3) consecutive axles with centers forty two (42) inches or more apart and less than 120 inches apart.(17) "Trunnion axle" means an axle configuration with two (2) individual axles mounted in the same transverse plane with four (4) tires on each axle connected at a pivot point that allows each individual axle to oscillate in a vertical plane to provide constant and equal weight distribution on each individual axle.Section 2. Overweight or Overdimensional Permit Application.(1) An application for a Kentucky Overweight/Overdimensional Permit Worksheet, TC Form 95-10, and an Application for Annual Overweight or Overdimensional Permit, TC Form 95-25, shall be submitted to the Division of Motor Carriers by: (2) An applicant for an overweight or overdimensional single trip permit shall submit a completed Kentucky Overweight/Overdimensional Permit Worksheet, TC Form 95-10 to the Division of Motor Carriers.(3) An overweight or overdimensional single trip permit shall be valid for one (1) move and a duration of ten (10) days.(4) An overweight or overdimensional single trip permit application shall specify the following information regarding the towing vehicle: (a) The year, make, and vehicle identification number;(b) The license plate number and jurisdiction;(c) The maximum weight for which the towing vehicle is registered;(d) The jurisdiction or state of the apportioned registration;(e) The name, address, and telephone number of the operator or owner;(f) A general description of the cargo;(g) The effective date of travel;(h) The serial number for a manufactured home;(i) The specific routes of travel requested;(j) The Kentucky Highway Use License (KYU License) or the DOT number; and(k) The axle spacing and axle group configuration.(5) An applicant for an overweight or overdimensional annual permit shall submit a completed Application for Annual Overweight or Overdimensional Permit, TC Form 95-25 to the Division of Motor Carriers.(6) An overweight or overdimensional annual permit shall be valid for an unlimited number of moves for a duration of 365 days.(7) An overweight or overdimensional annual permit application shall specify the following information regarding the towing vehicle:(a) The year, make, and vehicle identification number;(b) The license plate number, jurisdiction, and unit number;(c) The maximum weight for which the towing vehicle is registered;(d) The jurisdiction or state of the apportioned registration;(e) The name, address, and telephone number of the operator or the owner;(f) A general description of the cargo;(g) The effective date of travel;(h) The Kentucky Highway Use License (KYU License) or the DOT number; and(i) The axle spacing and axle group configuration.Section 3. Permit Validity and Availability. (1)(a) A valid overweight or overdimensional annual or single trip permit issued by the Division of Motor Carriers shall be carried in the overweight or overdimensional vehicle during transit.(b) The permit shall be presented upon request to law enforcement or authorized personnel of the Department of Vehicle Regulation.(c) A modification by the permittee to the permit that is not authenticated by the Division of Motor Carriers shall render the permit invalid.(2) A separate overweight or overdimensional permit shall be required for each vehicle involved in a movement.(3) An overweight or overdimensional permit shall not be issued for a divisible load that if reasonably divided, dismantled, disassembled, or rearranged would no longer be overweight or overdimensional except as provided by KRS 189.2715, 189.2716, or 189.2717.(4) A special overweight or overdimensional annual or trip permit to allow the movement of a motor vehicle with a gross weight or gross dimension in excess of the weights and dimensions established in KRS 189.270, 189.271, 189.2715, and 189.2717 may be issued by the Division of Motor Carriers if the movement is necessary to provide transportation for specified cargo that is in the interest of the health, welfare, or economy of the Commonwealth.Section 4. Changes to 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 or amend 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 or one (1) amendment of vehicle information shall be allowed for each overweight or overdimensional annual permit during the permit's effective year.(3) The original overweight or overdimensional permit shall be returned to the Division of Motor Carriers prior to the transfer of an annual permit.Section 5. Travel Restrictions. (1) In accordance with 23 C.F.R. 658.17, the Division of Motor Carriers may deny an overweight or overdimensional permit application if: (a) The route includes a portion of the interstate highway system; and(b) The load is divisible.(2) The cabinet shall deny or restrict an overweight or overdimensional permit for the use of a route that may cause damage to property or is detrimental to public safety or convenience. The following shall be considered in making a determination on the 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; and(f) The proximity of schools to the route.(3) Overdimensional restrictions shall not prohibit a utility company from working in an emergency situation to restore utility service to an area otherwise experiencing an outage.(4)(a) As needed for public safety, the department shall prohibit movements in congested areas within the peak traffic hours.(b) Additional restrictions shall be noted on the overweight or overdimensional permit upon issuance.(5)(a) Travel on an overweight and overdimensional permit shall not be permitted in Boone, Kenton, Campbell, Fayette, Jefferson County (Louisville) or at the Owensboro, Kentucky 2155 bridge from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. Monday through Friday.(b) An overweight or overdimensional load originating in Fayette County shall be exempt from traffic rush hour restrictions on Interstate 64 and Interstate 75 in Fayette County and on connecting routes to both interstates up to a distance of three (3) miles from the interstates.(6) If proof of an emergency is submitted to the Division of Motor Carriers, a move shall be authorized during the hours restricted by KRS 189.270(11)(a).(7) Each vehicle transporting a load under the provisions of an overweight or overdimensional annual or single trip permit shall obtain prior approval from the Division of Motor Carriers for a deviation from the routes approved by the Transportation Cabinet.Section 6. Height. (1) A vehicle and load with a height in excess of thirteen (13) feet, six (6) inches shall obtain an overweight or overdimensional single-trip permit pursuant to KRS 189.270(2) prior to movement.(2) An overweight or overdimensional annual permit shall not be issued or used for the movement if the height of the combination load and towing vehicle exceeds thirteen (13) feet, six (6) inches.(3) The maximum height for each overweight or overdimensional single-trip permit shall be determined by the cabinet based upon underpass and bridge height along the designated route.(4) A vehicle and load exceeding (15) feet, (6) inches in height shall submit a completed Overweight or Overdimensional Proposed Route Survey, TC Form 95-625 in addition to TC Form 95-10 to the Division of Motor Carriers.Section 7. Weight. (1) Gross or axle overweight shall not be permitted on:(a) A unit that does not have a registered weight of at least 80,000 lbs; or(b) A towing vehicle whose horsepower or braking capacity is not adequate to safely transport the overdimensional or overweight load.(2) The weight on a single axle in any 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 axle - 24,000 pounds;(b) Steering axle - 20,000 pounds;(c) Tandem axle group if the combination vehicle has only five (5) axles total - 45,000 pounds;(d) Tandem axle group if the combination vehicle has six (6) or more axles total - 48,000 pounds;(e) Tridem 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; or(h) Seven (7) axle combination units not exceeding 160,000 pounds gross weight.(3) Trunnion axle group maximum gross weights shall be determined by a route and bridge analysis performed by the cabinet's Bridge Preservation Branch.(4) Maximum weights shall not be permitted unless each of the bridges and roads on the moving route have sufficient capacity to accommodate the load.(5) Self-propelled specialized mobile equipment shall not exceed the following axle, axle group, or gross weight: (a) Single axle: 23,000 pounds;(b) Tandem axle group: 46,000 pounds; and(c) Tridem axle group: 69,000 pounds.(6) The maximum gross weight for a four (4) axle self-propelled specialized mobile equipment shall be 92,000 pounds.(7) The maximum gross weight for a five (5) axle self-propelled specialized mobile equipment shall be 115,000 pounds.Section 8. Manufacturers of Self-Propelled Specialized Mobile Equipment.(1)(a) A manufacturer of self-propelled construction equipment that is not licensed as a motor vehicle may obtain an annual permit for the sole purpose of road-testing the equipment prior to its sale.(b) Operation of the equipment during the road-testing shall be limited to employees of the manufacturer upon designated routes within the Commonwealth.(2) The annual permit issued to a manufacturer of self-propelled construction equipment shall be limited to equipment that is:(a) A maximum width of ten (10) feet; and(b) A gross vehicle weight not in excess of 160,000 pounds.(3)(a) A manufacturer desiring to road test equipment shall submit a completed Application for Annual Overweight or Overdimensional Permit, TC Form 95-25 to the Division of Motor Carriers.(b) The application for a permit shall designate the model of the equipment and the requested or intended route. A separate TC Form 95-25 shall be submitted or required for each model, and each requested or intended route.(c) The cost of each annual permit shall be $250 dollars.(d) A permit issued to the manufacturer of self-propelled construction equipment shall be valid for twenty-four (24) hours a day except that pursuant to the concerns cited in Section 5 of this administrative regulation, the department may restrict operation under the permit on Monday through Friday between 7 a.m. and 9 a.m. and between 4 p.m. and 6 p.m.Section 9. Length. (1) A front overhang on a combination vehicle shall be prohibited.(2) A manufactured home that has a combined length of the manufactured home and towing vehicle greater than 120 feet shall not be towed upon a Kentucky highway.(3) A manufactured home shall not exceed ninety (90) feet in length.Section 10. Width. (1) Prior to movement, a vehicle and load with a width in excess of eight and a half (8 1/2) feet shall obtain an overweight or overdimensional permit pursuant to KRS 189.270(2).(2) Prior to movement, a vehicle and load with a width in excess of eight (8) feet traveling on routes not included on the Designated National Truck Network shall obtain an overweight or overdimensional permit except as provided in KRS 189.2225(3).(3) An annual permit shall not be issued for the movement of an overweight or overdimensional load in excess of sixteen (16) feet in width.(4)(a) A move of an overweight or overdimensional load more than twelve (12) feet wide shall not be made on a highway if a wind advisory has been issued by the National Weather Service; or(b) If adverse weather conditions or road conditions would cause the move to be dangerous.(5) A move of an overweight or overdimensional load that is more than twelve (12) feet wide operating pursuant to an annual permit shall be limited to highways of four (4) or more lanes and to the shortest and best two (2) lane route designated by the Division of Motor Carriers.Section 11. Power Unit Flag and Sign Requirements(1) Red or orange fluorescent flags that are a minimum of eighteen (18) inches square (11,612.7 millimeters square) shall be displayed on each vehicle and load operating under the provisions an overweight or overdimensional permit. (a) A vehicle operating overwidth shall display four (4) warning flags, one (1) at each of the four (4) corners. If a portion of the load extends beyond the four (4) corners, additional flags shall be displayed at the widest points of the load.(b) A vehicle operating overlength, or with a rear overhang, shall display two (2) warning flags located to indicate the maximum width at the extreme rear of the vehicle or load.(2) A vehicle exceeding twelve (12) feet (3.65 meters) in width, or having front overhang shall display two (2) warning signs.(a) A warning sign shall be six (6) to eight (8) feet in width stating "OVERSIZE LOAD" in black letters on a yellow background.(b) The black letters shall be at least eighteen (18) inches high (11,612.7 millimeters) with a brush stroke of at least one and four tenths (1.4) inches (35.56 millimeters).(c) A warning sign shall be displayed at the:1. Front of the power unit;2. Rear of the towed unit; or(3) If a front overhang exceeds ten (10) feet (3.05 meters), an amber strobe or flashing light shall be placed on the power unit of the towing vehicle and shall be in use while the power unit is in operation.(4) The lighting devices and reflectors established in 49 C.F.R. 393.11 for pole trailers and projecting loads shall be required.(5) As a special provision of the permit, and due to safety considerations, the Division of Motor Carriers may require additional lighting or warning flags.Section 12. Braking Requirements.(1) The number, type, size, and design of brake assemblies required to assist the towing vehicle in controlling and stopping a manufactured home or boat shall be sufficient to assure that the maximum stopping distance from an initial velocity of twenty (20) miles per hour shall not exceed forty (40) feet.(2) If required, a manufactured home not equipped with brakes on all axles shall certify to law enforcement that the towing unit has sufficient brake assemblies to meet the braking distance specified in this section by producing:(a) A manufacturer's statement;(b) Documented technical data; or(c) An engineering analysis or its equivalent stating that the braking distance has been met.(3) The certification shall be carried in the towing unit and presented upon request to law enforcement.Section 13. Escort Vehicle Safety Requirements. (1) A required escort vehicle shall accompany the overweight or overdimensional vehicle at a distance of 300 feet (91.44 meters) on open highways unless it is necessary to travel at a distance closer or farther away from the vehicle accompanied for safety or due to road conditions. An escort vehicle shall:(a) Maintain radio contact with the load;(b) Have amber strobe lights or flashing lights;(c) Keep its headlamps lit during transit; and(d) Use a height pole front escort if the escorted load is in excess of fourteen (14) feet eleven (11) inches.(2) A warning sign stating "OVERSIZE LOAD" shall be displayed on a lead escort vehicle so that it is visible to oncoming traffic for a vehicle and load with a width in excess of twelve (12) feet.Section 14. Escorts required.(1) A lead escort shall be required on two (2) lane routes of travel if: (a) The vehicle and load width is in excess of twelve (12) feet.(b) The vehicle and load length is in excess of seventy five (75) feet; or(c) The vehicle and load height is in excess of fourteen (14) feet eleven (11) inches.(2) A trail escort shall be required on two (2) lane routes of travel if:(a) The vehicle and load width is in excess of twelve (12) feet;(b) The vehicle and load length is in excess of eighty five (85) feet; or(c) The vehicle and load do not maintain the posted speed limit.(3) A lead escort shall be required on four (4) lane routes of travel if: (a) The vehicle and load width is in excess of fourteen (14) feet; or(b) The vehicle and load height is in excess of fourteen (14) feet eleven (11) inches.(4) A trail escort shall be required on four (4) lane routes of travel if: (a) The vehicle and load width is in excess of twelve (12) feet;(b) The vehicle and load length is in excess of 110 feet; or(c) The vehicle and load width is in excess of twelve (12) feet and does not maintain a speed of forty five (45) miles per hour.(5) Due to safety considerations, the Division of Motor Carriers may require additional escort vehicles as a special provision of the permit.Section 15. House or Building Permits. (1)(a) An application for a permit to move a house or building shall be made on House Moving Application, TC Form 95-310, and submitted to the Division of Motor Carriers via mail, hand delivery, or the motor carrier online permitting system at the Division of Motor Carriers, Transportation Cabinet Building, 200 Mero Street Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4 p.m., or via fax at (502) 564-0992.(b) The mover shall provide all escorts and flagmen deemed necessary during the move to ensure the safety of the public.(2) A house moving permit shall not be issued for the movement of a permanent building other than a portable storage unit on a parkway or an interstate highway.(3)(a) The Division of Motor Carriers shall contact the appropriate cabinet district office for specific routing restrictions or local highway conditions prior to the issuance of a house moving permit.(b) Specific restrictions shall be identified on the house moving permit and a deviation from the restrictions shall void the house moving permit.Section 16. Building Materials. A vehicle hauling building materials to a home or home site may travel fifteen (15) miles off of a state highway for purpose of delivery if the highway is classified to carry the registered weight of the vehicle. (1) The vehicle shall meet the requirements and limits of its registration and also be within the axle weight limits. The vehicle shall not be required to have a permit for overweight or over-length dimensions.(2) An operator shall be required to provide a bill of lading either to vehicle enforcement, or to a cabinet designee, while engaged in the transportation of home building materials.Section 17. Permits for sealed, containerized, ocean-going cargo units. (1) A vehicle moving a sealed, containerized, ocean-going cargo unit that meets the requirements and limitations established in KRS 189.222, 189.270, and Section 7 of this administrative regulation shall be eligible for an overweight single trip or annual permit.(2) An applicant for an overweight or overdimensional single trip permit shall submit the following to the Division of Motor Carriers:(a) A completed Kentucky Overweight or Overdimensional Permit Worksheet, TC Form 95-10;(b) A payment of sixty (60) dollars pursuant to KRS 189.270(2);(c)1. Either a copy of an international bill of lading signed by a custom's official; or2. An international bill of lading with an equipment interchange and inspection report; and(d) The seal number and container number for the load.(3) An applicant for an overweight or overdimensional annual permit shall submit the following to the Division of Motor Carriers: (a) A completed Kentucky Overweight/Overdimensional Permit Worksheet, TC Form 95-25;(b) A payment of 250 dollars pursuant to KRS 189.270(3); and(c)1. Either an acknowledgement of possession of a copy of an international bill of lading signed by a custom's official; or2. An international bill of lading with an equipment interchange and inspection report containing the seal number and container number for each load.(4) During transit, an operator shall have in his or her possession either a copy of the international bill of lading signed by a custom's official, or an international bill of lading with an equipment interchange and inspection report containing the seal number and container number for the load.Section 18. Incorporation by Reference. (1) The following material is incorporated by reference:(a) " Kentucky Overweight/Overdimensional Permit Worksheet", TC Form 95-10, February, 2017; and(b) "Application for Annual Overweight or Overdimensional Permit", TC Form 95-25, September, 2014;(c) "House Moving Application", TC Form 95-310, August, 2012;(d) "Overweight or Overdimensional Proposed Route Survey", TC Form 95-625, February, 2017.(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Carriers, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4 p.m.26 Ky.R. 1308; 1582; 1947; eff. 5-22-2000; 28 Ky.R. 459; 1119; eff. 11-12-2001; 30 Ky.R. 1349; 2145; eff. 4-12-2004; 37 Ky.R. 808; 2000; eff. 2-9-2011; 38 Ky.R. 1487; 1957; eff. 7-6-2012; 43 Ky.R. 1890; eff. 7-7-2017; Crt. 2-18-2019.STATUTORY AUTHORITY: KRS 189.270(6), 189.271(9)(b), 189.2715(1), 189.2717(1)