Title 603 | Chapter 005 | Regulation 066REG
PROPOSED
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TRANSPORTATION CABINET
Department of Highways
Division of Traffic Operations
(Amendment)
603 KAR 5:066. Weight (mass) limits for trucks.
Section 1.
Highway Classifications and Truck Types.(1)
Trucking highways. All state maintained roads are assigned a classification(a)
Class "AAA" shall have a maximum allowable gross weight (mass) of 80,000 pounds (36,287.36 kilograms).(b)
Class "AA" shall have a maximum allowable gross weight (mass) of 62,000 pounds (28,122.70 kilograms).(c)
Class "A" shall have a maximum allowable gross weight (mass) of 44,000 pounds (20,090.05 kilograms).(2)
Truck types. For the purpose of posting bridges at the site and for listing bridge weight (mass) restrictions in this administrative regulation, the following truck types shall be used:(a)
Type 1. This shall be a single unit truck consisting of two (2) single axles.(b)
Type 2. This shall be a single unit truck consisting of one (1) steering axle and two (2) axles in tandem arrangement.(c)
Type 3. This shall be a truck consisting of one (1) steering axle and three (3) axles in tridem arrangement.(d)
Type 4. This shall be a tractor-semitrailer combination truck consisting of five (5) or more axles.(3)
Trucks with an axle combination not covered in subsection (2) of this section may be restricted by weight (mass) based on their axle spacing and weight (mass) distribution per axle in accordance with state and federal law. Information on those restrictions shall be available from the Division of Motor Carriers, Overweight and Overdimensional Permit Section.Section 2.
"AAA" Highways Except Interstates. The maximum weight (mass) limits for trucks using Class "AAA" highways, except the Interstate System, shall be as follows:(1)
Gross weight (mass), including load, shall not exceed 80,000 pounds (36,287.36 kilograms);(2)
Tire weight (force). The weight (force) transmitted to the pavement shall not exceed the product of 700 pounds (317.51 kilograms) times the aggregate width in inches (meters) established from the manufacturer's stamped tire measurement for all tires;(3)
On Class "AAA" highways if a structure or bridge has a posted load limit of less than 80,000 pounds (36,287.36 kilograms), the posted limit shall not be exceeded.Section 3.
Interstate Highways. The maximum weight (mass) limits for trucks using Class "AAA" highways which are a part of the Interstate System shall be as established in this section:(1)
Gross weight (mass), including load, shall not exceed 80,000 pounds (36,287.36 kilograms).(2)
Gross axle weight (mass) for a single axle shall not exceed 20,000 pounds (9071.84 kilograms) (with axles less than forty-two (42) inches (1.07 meters) apart to be considered as a single axle).(3)
Gross weight (mass) shall not exceed 34,000 pounds (15,422.13 kilograms) on two (2) axles in tandem arrangement which are spaced forty-two (42) inches (1.07 meters) or more apart and ninety-six (96) inches (2.44 meters) or less apart.(4)
Gross weight (mass) shall not exceed 34,000 pounds (15,422.13 kilograms) on three (3) axles in tridem arrangement if the distance between the centers of one (1) and three (3) is ninety-six (96) inches (2.44 meters) or less.(5)
Gross weight (mass) shall not exceed 48,000 pounds (21,772.42 kilograms) on three (3) axles in tridem arrangement if the distance between the centers of axles one (1) and three (3) is more than ninety-six (96) inches (2.44 meters) but less than 120 inches (3.05 meters), and the distance between any two (2) adjacent axles of the tridem is forty-two (42) inches (1.07 meters) or more, and the gross weight (mass) of the vehicle is less than or equal to 73,280 pounds (33,239.22 kilograms).(6)
The maximum gross weight (mass) allowed on two (2) consecutive sets of tandem axles shall be 34,000 pounds (15,422.13 kilograms) each, if the distance between the first and last axles of the consecutive sets of axles is thirty-six (36) feet (10.98 meters) or more.(7)
The maximum gross weight (mass) allowed on a vehicle with any other axle configuration shall be established by the bridge weight formula: W = 500 (LN/N-1 + 12N + 36) Where W equals gross weight, L equals distance in feet between the extreme axles of the group of consecutive axles under consideration and N equals the number of axles in the group. The load on any single axle in any arrangement shall not exceed 20,000 pounds (9071.84 kilograms) and the gross weight (mass) shall not exceed 80,000 pounds (36,287.36 kilograms). Any axle which is not included in one (1) of the combinations set forth in this subsection shall be steerable.(8)
Tire weight (force). The weight (force) transmitted to the pavement shall not exceed the product of 700 pounds (317.51 kilograms) times the aggregate width in inches (meters) established from the manufacturer's stamped tire measurement of all tires.(9)
On Class "AAA" highways which are part of the interstate system if a structure or bridge has a posted load limit of less than 80,000 pounds (36,287.36 kilograms), the posted limit shall not be exceeded.(10)
Tolerances shall not be allowed on gross weight (mass), axle weight (mass), or combinations of axle weights (mass) on vehicles operating over a Class "AAA" highway which is a part of the Interstate System.Section 4.
"AA" Highways. The maximum weight (mass) for trucks using Class "AA" highways shall be as established in this section:(1)
Gross weight (mass), including load, shall not exceed 62,000 pounds (28,122.7 kilograms).(2)
Gross axle weight (mass) for a single axle shall not exceed 20,000 pounds (9071.84 kilograms) (with axles less than forty-two (42) inches (1.07 meters) apart to be considered as a single axle).(3)
Gross weight (mass) shall not exceed 34,000 pounds (15,422.13 kilograms) on two (2) axles in tandem arrangement which are spaced forty-two (42) inches (1.07 meters) or more apart and ninety-six (96) inches (2.44 meters) or less apart.(4)
Gross weight (mass) shall not exceed 34,000 pounds (15,422.13 kilograms) on three (3) axles in tridem arrangement if the distance between the centers of axles one (1) and three (3) is ninety-six (96) inches (2.44 meters) or less.(5)
Gross weight (mass) shall not exceed 48,000 pounds (21,772.42 kilometers) on three (3) axles in tridem arrangement if the distance between axles one (1) and three (3) is more than ninety-six (96) inches (2.44 meters) but less than 120 inches (3.05 meters) apart and the distance between any two (2) adjacent axles of the tridem is forty-two (42) inches (1.07 meters) or more.(6)
Tire weight (force). The weight (force) transmitted to the pavement shall not exceed 700 pounds (317.51 kilograms) times the aggregate width in inches (meters) established from the manufacturer's stamped tire measurement of all tires.(7)
On Class "AA" highways if a structure or bridge has a posted load limit of less than 62,000 pounds (28,122.7 kilograms), the posted limit shall not be exceeded.(8)
The maximum gross weight (mass) allowed on a vehicle with any other axle configuration shall be established by the bridge weight formula: W = 500 (LN/N-1 + 12N + 36) Where W equals gross weight, L equals distance in feet between the extreme axles of the group of consecutive axles under consideration and N equals the number of axles in the group. The load on any single axle in any arrangement shall not exceed 20,000 pounds (9071.84 kilograms) and the gross weight (mass) shall not exceed 62,000 pounds (28,122.7 kilograms). Any axle which is not included in one (1) of the combinations set forth in this subsection shall be steerable.Section 5.
"A" Highways. The maximum weight (mass) limit for trucks using Class "A" highways shall be as established in this section:(1)
Gross weight (mass), including load, shall not exceed 44,000 pounds (20,090.05 kilograms).(2)
Gross axle weight (mass) for a single axle shall not exceed 20,000 pounds (9071.84 kilograms) (with axles less than forty-two (42) inches (1.07 meters) apart to be considered as a single axle).(3)
Gross weight shall not exceed 34,000 pounds (15,422.13 kilograms) on two (2) axles in tandem arrangement which are spaced forty-two (42) inches (1.07 meters) or more apart and ninety-six (96) inches (2.44 meters) or less apart.(4)
Tire weight (force). The weight (force) transmitted to the pavement shall not exceed the product of 700 pounds (317.51 kilograms) times the aggregate width in inches (meters) established from the manufacturer's stamped tire measurement of all tires.(5)
On Class "A" highways if a structure or bridge has a posted load limit of less than 44,000 pounds (20,090.05 kilograms), the posted limit shall not be exceeded.(6)
The maximum gross weight (mass) allowed on a vehicle with any other axle configuration shall be established by the bridge weight formula:| W = 500 (LN/N-1 + 12N + 36) |
| Where W equals gross weight, L equals distance in feet between the extreme axles of the group of consecutive axles under consideration and N equals the number of axles in the group. The load on any single axle in any arrangement shall not exceed 20,000 pounds (9071.84 kilograms) and the gross weight (mass) shall not exceed 44,000 pounds (20,090.05 kilograms). Any axle which is not included in one (1) of the combinations set forth in this subsection shall be steerable. |
Section 6.
Tolerance. There shall not be a tolerance allowed on gross weight (mass), however, a tolerance of not more than five (5) percent shall be allowed on axle weight (mass) on all state-maintained highways which are not a part of the interstate system.Section 7.
(1)
As long as a highway remains a part of the state-maintained system, as established in 603 KAR 3:030, the classification of that highway(2)
City ordinances which impose less stringent limits than this administrative regulation shall not apply to the state-maintained highways, including bridges, unless specific relinquishment of this responsibility to a city is made by the Secretary of Transportation.JIM GRAY, Secretary
JAMES E. BALLINGER, State Highway Engineer
APPROVED BY AGENCY: September 13, 2024
FILED WITH LRC: September 13, 2024 at 11:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 21, 2024, at 10:00 a.m. EST, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) working days prior to the hearing, of their intent to attend. If you have a disability for which the Transportation Cabinet needs to provide accommodations, please notify us of your requirement five working days prior to the hearing. This request does not have to be in writing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. EST on November 30, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jon Johnson, Staff Attorney Manager / Assistant General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, Telephone: (502) 782-8180, Fax: (502) 564-5238, Email: Jon.Johnson@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jon Johnson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301 which has been repealed.
(b) The necessity of this administrative regulation:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301 which has been repealed.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301 which has been repealed.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301 which has been repealed.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301 which has been repealed.
(b) The necessity of the amendment to this administrative regulation:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301, which has been repealed.
(c) How the amendment conforms to the content of the authorizing statutes:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301, which has been repealed.
(d) How the amendment will assist in the effective administration of the statutes:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301, which has been repealed.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Kentucky Transportation Cabinet.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No actions are needed.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No costs will be incurred.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The amendment will correct statutory reference.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No costs to implement.
(b) On a continuing basis:
No costs on a continuing basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
N/A.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
N/A.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
N/A. There are no fee increases.
(9) TIERING: Is tiering applied?
No tiering is required under any law nor is it necessary for proper application of the law.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 189.222.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
(a) Estimate the following for the first year:
Expenditures:
No expenditures.
Revenues:
No revenue.
Cost Savings:
No cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
No changes to expenditures, revenues, or costs.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
(a) Estimate the following for the first year:
Expenditures:
N/A.
Revenues:
N/A.
Cost Savings:
N/A.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A.
(4) Identify additional regulated entities not listed in questions (2) or (3):
N/A.
(a) Estimate the following for the first year:
Expenditures:
N/A.
Revenues:
N/A.
Cost Savings:
N/A.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
No changes to expenditures, revenues, or costs.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
N/A.
(b) Methodology and resources used to determine the fiscal impact:
N/A.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
N/A.
(b) The methodology and resources used to reach this conclusion:
N/A.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
23 C.F.R. 658.
(2) State compliance standards.
KRS 189.222.
(3) Minimum or uniform standards contained in the federal mandate.
Amendment conforms to federal requirements.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
: N/A.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
: N/A.
TRANSPORTATION CABINET
Department of Highways
Division of Traffic Operations
(Amendment)
603 KAR 5:066. Weight (mass) limits for trucks.
Section 1.
Highway Classifications and Truck Types.(1)
Trucking highways. All state maintained roads are assigned a classification. Unless the motor vehicle being operated has been issued an overdimensional permit by the Transportation Cabinet, the maximum allowable gross weight (mass) for each classification shall be as follows:(a)
Class "AAA" shall have a maximum allowable gross weight (mass) of 80,000 pounds (36,287.36 kilograms).(b)
Class "AA" shall have a maximum allowable gross weight (mass) of 62,000 pounds (28,122.70 kilograms).(c)
Class "A" shall have a maximum allowable gross weight (mass) of 44,000 pounds (20,090.05 kilograms).(2)
Truck types. For the purpose of posting bridges at the site and for listing bridge weight (mass) restrictions in this administrative regulation, the following truck types shall be used:(a)
Type 1. This shall be a single unit truck consisting of two (2) single axles.(b)
Type 2. This shall be a single unit truck consisting of one (1) steering axle and two (2) axles in tandem arrangement.(c)
Type 3. This shall be a truck consisting of one (1) steering axle and three (3) axles in tridem arrangement.(d)
Type 4. This shall be a tractor-semitrailer combination truck consisting of five (5) or more axles.(3)
Trucks with an axle combination not covered in subsection (2) of this section may be restricted by weight (mass) based on their axle spacing and weight (mass) distribution per axle in accordance with state and federal law. Information on those restrictions shall be available from the Division of Motor Carriers, Overweight and Overdimensional Permit Section.Section 2.
"AAA" Highways Except Interstates. The maximum weight (mass) limits for trucks using Class "AAA" highways, except the Interstate System, shall be as follows:(1)
Gross weight (mass), including load, shall not exceed 80,000 pounds (36,287.36 kilograms);(2)
Tire weight (force). The weight (force) transmitted to the pavement shall not exceed the product of 700 pounds (317.51 kilograms) times the aggregate width in inches (meters) established from the manufacturer's stamped tire measurement for all tires;(3)
On Class "AAA" highways if a structure or bridge has a posted load limit of less than 80,000 pounds (36,287.36 kilograms), the posted limit shall not be exceeded.Section 3.
Interstate Highways. The maximum weight (mass) limits for trucks using Class "AAA" highways which are a part of the Interstate System shall be as established in this section:(1)
Gross weight (mass), including load, shall not exceed 80,000 pounds (36,287.36 kilograms).(2)
Gross axle weight (mass) for a single axle shall not exceed 20,000 pounds (9071.84 kilograms) (with axles less than forty-two (42) inches (1.07 meters) apart to be considered as a single axle).(3)
Gross weight (mass) shall not exceed 34,000 pounds (15,422.13 kilograms) on two (2) axles in tandem arrangement which are spaced forty-two (42) inches (1.07 meters) or more apart and ninety-six (96) inches (2.44 meters) or less apart.(4)
Gross weight (mass) shall not exceed 34,000 pounds (15,422.13 kilograms) on three (3) axles in tridem arrangement if the distance between the centers of one (1) and three (3) is ninety-six (96) inches (2.44 meters) or less.(5)
Gross weight (mass) shall not exceed 48,000 pounds (21,772.42 kilograms) on three (3) axles in tridem arrangement if the distance between the centers of axles one (1) and three (3) is more than ninety-six (96) inches (2.44 meters) but less than 120 inches (3.05 meters), and the distance between any two (2) adjacent axles of the tridem is forty-two (42) inches (1.07 meters) or more, and the gross weight (mass) of the vehicle is less than or equal to 73,280 pounds (33,239.22 kilograms).(6)
The maximum gross weight (mass) allowed on two (2) consecutive sets of tandem axles shall be 34,000 pounds (15,422.13 kilograms) each, if the distance between the first and last axles of the consecutive sets of axles is thirty-six (36) feet (10.98 meters) or more.(7)
The maximum gross weight (mass) allowed on a vehicle with any other axle configuration shall be established by the bridge weight formula: W = 500 (LN/N-1 + 12N + 36) Where W equals gross weight, L equals distance in feet between the extreme axles of the group of consecutive axles under consideration and N equals the number of axles in the group. The load on any single axle in any arrangement shall not exceed 20,000 pounds (9071.84 kilograms) and the gross weight (mass) shall not exceed 80,000 pounds (36,287.36 kilograms). Any axle which is not included in one (1) of the combinations set forth in this subsection shall be steerable.(8)
Tire weight (force). The weight (force) transmitted to the pavement shall not exceed the product of 700 pounds (317.51 kilograms) times the aggregate width in inches (meters) established from the manufacturer's stamped tire measurement of all tires.(9)
On Class "AAA" highways which are part of the interstate system if a structure or bridge has a posted load limit of less than 80,000 pounds (36,287.36 kilograms), the posted limit shall not be exceeded.(10)
Tolerances shall not be allowed on gross weight (mass), axle weight (mass), or combinations of axle weights (mass) on vehicles operating over a Class "AAA" highway which is a part of the Interstate System.Section 4.
"AA" Highways. The maximum weight (mass) for trucks using Class "AA" highways shall be as established in this section:(1)
Gross weight (mass), including load, shall not exceed 62,000 pounds (28,122.7 kilograms).(2)
Gross axle weight (mass) for a single axle shall not exceed 20,000 pounds (9071.84 kilograms) (with axles less than forty-two (42) inches (1.07 meters) apart to be considered as a single axle).(3)
Gross weight (mass) shall not exceed 34,000 pounds (15,422.13 kilograms) on two (2) axles in tandem arrangement which are spaced forty-two (42) inches (1.07 meters) or more apart and ninety-six (96) inches (2.44 meters) or less apart.(4)
Gross weight (mass) shall not exceed 34,000 pounds (15,422.13 kilograms) on three (3) axles in tridem arrangement if the distance between the centers of axles one (1) and three (3) is ninety-six (96) inches (2.44 meters) or less.(5)
Gross weight (mass) shall not exceed 48,000 pounds (21,772.42 kilometers) on three (3) axles in tridem arrangement if the distance between axles one (1) and three (3) is more than ninety-six (96) inches (2.44 meters) but less than 120 inches (3.05 meters) apart and the distance between any two (2) adjacent axles of the tridem is forty-two (42) inches (1.07 meters) or more.(6)
Tire weight (force). The weight (force) transmitted to the pavement shall not exceed 700 pounds (317.51 kilograms) times the aggregate width in inches (meters) established from the manufacturer's stamped tire measurement of all tires.(7)
On Class "AA" highways if a structure or bridge has a posted load limit of less than 62,000 pounds (28,122.7 kilograms), the posted limit shall not be exceeded.(8)
The maximum gross weight (mass) allowed on a vehicle with any other axle configuration shall be established by the bridge weight formula: W = 500 (LN/N-1 + 12N + 36) Where W equals gross weight, L equals distance in feet between the extreme axles of the group of consecutive axles under consideration and N equals the number of axles in the group. The load on any single axle in any arrangement shall not exceed 20,000 pounds (9071.84 kilograms) and the gross weight (mass) shall not exceed 62,000 pounds (28,122.7 kilograms). Any axle which is not included in one (1) of the combinations set forth in this subsection shall be steerable.Section 5.
"A" Highways. The maximum weight (mass) limit for trucks using Class "A" highways shall be as established in this section:(1)
Gross weight (mass), including load, shall not exceed 44,000 pounds (20,090.05 kilograms).(2)
Gross axle weight (mass) for a single axle shall not exceed 20,000 pounds (9071.84 kilograms) (with axles less than forty-two (42) inches (1.07 meters) apart to be considered as a single axle).(3)
Gross weight shall not exceed 34,000 pounds (15,422.13 kilograms) on two (2) axles in tandem arrangement which are spaced forty-two (42) inches (1.07 meters) or more apart and ninety-six (96) inches (2.44 meters) or less apart.(4)
Tire weight (force). The weight (force) transmitted to the pavement shall not exceed the product of 700 pounds (317.51 kilograms) times the aggregate width in inches (meters) established from the manufacturer's stamped tire measurement of all tires.(5)
On Class "A" highways if a structure or bridge has a posted load limit of less than 44,000 pounds (20,090.05 kilograms), the posted limit shall not be exceeded.(6)
The maximum gross weight (mass) allowed on a vehicle with any other axle configuration shall be established by the bridge weight formula:| W = 500 (LN/N-1 + 12N + 36) |
| Where W equals gross weight, L equals distance in feet between the extreme axles of the group of consecutive axles under consideration and N equals the number of axles in the group. The load on any single axle in any arrangement shall not exceed 20,000 pounds (9071.84 kilograms) and the gross weight (mass) shall not exceed 44,000 pounds (20,090.05 kilograms). Any axle which is not included in one (1) of the combinations set forth in this subsection shall be steerable. |
Section 6.
Tolerance. There shall not be a tolerance allowed on gross weight (mass), however, a tolerance of not more than five (5) percent shall be allowed on axle weight (mass) on all state-maintained highways which are not a part of the interstate system.Section 7.
(1)
As long as a highway remains a part of the state-maintained system, as established in 603 KAR 3:030, the classification of that highway shall constitute a designation by the Secretary of Transportation as contemplated by KRS 189.280.(2)
City ordinances which impose less stringent limits than this administrative regulation shall not apply to the state-maintained highways, including bridges, unless specific relinquishment of this responsibility to a city is made by the Secretary of Transportation.JIM GRAY, Secretary
JAMES E. BALLINGER, State Highway Engineer
APPROVED BY AGENCY: September 13, 2024
FILED WITH LRC: September 13, 2024 at 11:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 21, 2024, at 10:00 a.m. EST, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) working days prior to the hearing, of their intent to attend. If you have a disability for which the Transportation Cabinet needs to provide accommodations, please notify us of your requirement five working days prior to the hearing. This request does not have to be in writing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. EST on November 30, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jon Johnson, Staff Attorney Manager / Assistant General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, Telephone: (502) 782-8180, Fax: (502) 564-5238, Email: Jon.Johnson@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jon Johnson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301 which has been repealed.
(b) The necessity of this administrative regulation:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301 which has been repealed.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301 which has been repealed.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301 which has been repealed.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301 which has been repealed.
(b) The necessity of the amendment to this administrative regulation:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301, which has been repealed.
(c) How the amendment conforms to the content of the authorizing statutes:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301, which has been repealed.
(d) How the amendment will assist in the effective administration of the statutes:
Corrects statutory reference from KRS 189.222(10) to KRS 189.222(11). Amendment also deletes reference to 603 KAR 5:301, which has been repealed.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Kentucky Transportation Cabinet.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No actions are needed.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No costs will be incurred.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The amendment will correct statutory reference.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No costs to implement.
(b) On a continuing basis:
No costs on a continuing basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
N/A.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
N/A.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
N/A. There are no fee increases.
(9) TIERING: Is tiering applied?
No tiering is required under any law nor is it necessary for proper application of the law.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 189.222.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
(a) Estimate the following for the first year:
Expenditures:
No expenditures.
Revenues:
No revenue.
Cost Savings:
No cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
No changes to expenditures, revenues, or costs.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
(a) Estimate the following for the first year:
Expenditures:
N/A.
Revenues:
N/A.
Cost Savings:
N/A.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A.
(4) Identify additional regulated entities not listed in questions (2) or (3):
N/A.
(a) Estimate the following for the first year:
Expenditures:
N/A.
Revenues:
N/A.
Cost Savings:
N/A.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
No changes to expenditures, revenues, or costs.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
N/A.
(b) Methodology and resources used to determine the fiscal impact:
N/A.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
N/A.
(b) The methodology and resources used to reach this conclusion:
N/A.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
23 C.F.R. 658.
(2) State compliance standards.
KRS 189.222.
(3) Minimum or uniform standards contained in the federal mandate.
Amendment conforms to federal requirements.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
: N/A.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
: N/A.