SB 297 (BR 2045) - K. Nelson
AN ACT relating to motor vehicles.
Create a new section of KRS Chapter 177, relating to state and federal highways, to define "brake system", "cargo", "coal by-products", economic interest", "lift axle", "motor vehicle", "natural resource", "natural resource by-product", "owner", "single axle", "steering axle", "tandem axle", and "tridem axle"; create a new section of KRS Chapter 177 to establish the maximum weight that may be transported on the extended weight road system and to establish an annual natural resource extended weight users' fee based upon the type of vehicle and weight being transported; provide for the natural resource extended weight users' fee to be in addition to all other fees including registration fees under KRS 186.050; require all revenues generated from the natural resource extended weight users' fee to be deposited into the road fund; create a new section of KRS Chapter 177 to require the Transportation Cabinet to promulgate regulations to carry out the provisions of the Act; require regulations to include a requirement for visual identification of motor vehicles; create a new section of KRS Chapter 177 to require every law enforcement agency to report all citations issued to the division of motor vehicle enforcement; require the division to report biannually by July 1 of odd-numbered years to the Governor and General Assembly on the disposition of citations issued for violating this Act; amend KRS 177.9771, relating to the extended weight coal or coal by-products haul road system, to delete references to coal and coal by-products and create the "extended weight road system"; maintain fee for overweight permits to transport coal and name the fee the "coal transporters extended weight users' fee; increase maximum weight that may be transported under a coal transporters extended weight users' fee from 120,000 pounds to 156,000 pounds; amend KRS 177.9772, relating to the extended weight coal haul road system, to delete references to coal and insert the term cargo; provide for overweight vehicles to be in violation of state weight limits established in KRS 189.221 or 189.222 if they are operating on roads that are not included in the extended weight road system or if they are not being operated under a cooperative agreement; set forth documentation that must be carried in a vehicle transporting cargo under this Act; permit documentation to be used in lieu of physically weighing a vehicle; require owners of motor vehicles transporting cargo under this Act to maintain documentation for 2 years and produce upon demand to a law enforcement officer or authorized representative of the Transportation Cabinet; establish a civil assessment of $0.10 per pound for each pound a vehicle exceeds weight limits under KRS 189.221 or 189.222; establish a $5,000 fine for each month an owner fails to comply with record keeping an reporting requirements; establish additional penalties that may be imposed if an owner fails to appear to a summons or fails to pay a civil assessment; amend KRS 189.090, relating to brake requirements for motor vehicles, to require motor vehicles transporting cargo to be equipped with a brake system that meets the stopping requirements of 49 Code of Federal Regulations Part 393.52; amend KRS 189.394, relating to fines for speeding, to require the fine for speeding to be tripled for persons convicted of speeding 10 miles or more over the speed limit when transporting cargo; amend KRS 189.990, relating to penalties for violating traffic regulations, to require that persons who violate the brake system requirements of the Act to be fined between $100 and $250 for a first offense and $500 for a second or subsequent offense; amend KRS 177.990, relating to penalties for violating state laws governing state and federal highways; amend KRS 177.979 relating to cooperative agreements to transport coal; amend KRS 189.230, relating to reduction of loads and speed limits; amend KRS 211.504, relating to the spinal cord and head injury research trust fund; and amend KRS 431.451 relating to prepayment of minimum fines for designated offenses to conform.
Feb 11-introduced in Senate
Feb 12-to Transportation (S)