601 KAR 1:019 Overweight or Overdimensional Farm Equipment

TRANSPORTATION CABINET

Department of Vehicle Regulation

Division of Motor Carriers

(New Administrative Regulation)

601 KAR 1:019 Overweight or overdimensional farm equipment.

RELATES TO: KRS 189.270(3); (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) requires 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. This administrative regulation also 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) "Farm supplies" means supplies, materials, or equipment necessary to carry out a farming operation engaged in the production of agricultural crop products, meats, livestock, or poultry.

(4)"Fully controlled access highway" is defined by 601 KAR 1:018, Section 1.

(5) "Nondivisible" is defined by 601 KAR 1:018, Section 1.

(6) "Overdimensional" is defined by 601 KAR 1:018, Section 1.

(7) "Overweight" is defined by 601 KAR 1:018, Section 1.

(8) "Person" is defined by KRS 281.010(1).

(9) "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.

(10) "Toll Road" is defined by 601 KAR 1:018, Section 1.

Section 2. Permit Not Required. (1) A 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

(2) A non permitted move shall comply with the safety requirements of this administrative regulation.

Section 3. Annual or single trip permit required. (1) An 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

(2) An 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;

(3) The cabinet shall consider the following when making the determination on a single or annual permit application:

(a) The strength of bridges and structures on the route;

(b) Traffic congestion 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) Any other condition that would unduly compromise public safety and convenience.

Section 4. Single Trip permits. (1)(a) A single trip permit may 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).

(2) The permit fee for the Cabinet to issue a single trip permit shall be as established in KRS 189.270(2).

(3) 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.

Section 5. Annual Permits. (1) An annual permit may 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 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. Permits for self propelled farm equipment. (1) Self propelled farm equipment shall not operate on a:

(a) Toll road;

(b) Parkway; or

(2) Self propelled farm equipment shall be issued a 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 escorts as established in Section 7 of this regulation.

Section 7. Escort Vehicles for Farm Equipment. (1) One (1) lead escort vehicle is required for a move on a two (2) lane highway where the length of vehicle and load exceed seventy-five (75) feet but is not more than eighty-five (85) feet.

(2) A lead escort may tow farm equipment or farm supplies on a two (2) lane or secondary route.

(3) One (1) trail escort is required for:

(a) A move on a four (4) lane highway where the vehicle and load do not exceed forty-five (45) miles per hour;

(b) A move on a four (4) lane or wider highway where the width of the vehicle and load exceed twelve (12) feet;

(4) One (1) lead and one (1) trail escort is required for:

(a) A move on a two (2) lane highway where the width of the farm equipment and load exceed twelve (12) feet.

(b) A move on a two (2) lane highway where the length of the farm equipment and load exceed eighty-five (85) feet;

(d) A movement of farm equipment travelling in a convoy.

Section 8. Sign, Flag, and Lighting Requirements. (1) The distance requirement for escort vehicles that accompany overdimensional farm equipment shall be as established in 601 KAR 1:018, unless due to safety or road conditions the escort vehicle is required to travel at a distance closer or farther away from the farm equipment it accompanies.

(2) The provisions of this section shall apply to farm equipment that exceeds twelve (12) feet in width.

(3) An escort vehicle shall display a warning sign six (6) to eight (8) feet in width stating "OVERSIZE LOAD" in black letters on a yellow background.

(4) The black letters shall be eighteen (18) inches high (11,612.7 millimeters) with a brush stroke of one and four tenths (1.4) inches (35.56 millimeters).

(5) A warning sign shall be mounted on an escort vehicle so that it is visible to oncoming traffic.

(6) An escort vehicle shall have amber oscillating or flashing lights and keep its headlights on at all times.

(7) A farm implement whose width exceeds twelve (12) feet shall display:

(a) Amber oscillating or flashing lights visible from the rear; and

(b) Flags displayed at the widest points of the load.

(8) A flag shall be:

(a) Red or fluorescent orange; and

(b) Eighteen (18) inches (11,612.7 millimeters) square.

Section 9. Travel Restrictions. (1) The travel restrictions for overweight and overdimensional loads established in 601 KAR 1:018 Section (2) shall apply to the movement of farm equipment and farm implements with the following exceptions:

(a) Farm equipment or a farm implement that is less than twelve (12) feet wide;

(b) Farm equipment or a farm implement that is used in part for off-road use; and

(2) 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.

(3) As a special provision of the permit, the Department of Vehicle Regulation may require additional escort vehicles, lighting, or warning flags.

Section 10. Height and Weight Requirements. (1) Height requirements for farm equipment shall be as established in 601 KAR 1:018 Section 3(1) and

(2). Weight requirements for farm equipment shall be as established in 601 KAR 1:018 Section 4.

Section 11. Responsibility of Permit Holder. (1) The Responsibility of a permit holder for a permit issued for farm equipment shall be as established in 601 KAR 1:018 Section 5.

Section 12. Duplicate Permits. (1) A duplicate permit shall be obtained as established in 601 KAR 1:018 Section 7.

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;

(b) "Kentucky Overweight or Overdimensional Permit Worksheet", TC Form 95-10, December, 2011.

THOMAS O. ZAWACKI, Commissioner

MIKE HANCOCK, Secretary

APPROVED BY AGENCY: December 5, 2011

FILED WITH LRC: December 5, 2011 at 3 p.m.

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 24, 2011 at 10:00 a.m. local time at the Transportation Cabinet, Transportation Cabinet Building, Hearing Room C121, 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 wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the close of business January 31, 2011. 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: D. Ann DAngelo, Asst. General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, phone (502) 564-7650, fax (502) 564-5238.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Ann DAngelo

(1) Provide a brief summary of:

(a) What this administrative regulation does: This administrative regulation establishes the requirements for the issuance of single trip and annual permits for overweight and overdimensional farm equipment. This regulation establishes the conditions under which self propelled farm equipment can be operated. This regulation also establishes safety requirements for escort vehicles accompanying farm equipment.

(b) The necessity of this administrative regulation: This regulation is necessary to establish the procedures for persons involved in the agricultural industry to obtain permits to move overweight and overdimensional farm equipment. It is also necessary to establish the safety requirements that must be followed in order to move overweight and overdimensional farm equipment.

(c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 189.271(9)(b) requires the cabinet to promulgate administrative regulations establishing the requirements to issue a permit for the movement of divisible or nondivisible loads exceeding legal weights and dimensions.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will clarify and establish requirements and procedures relating to the issuance of overweight and overdimensional permits to farm equipment. This regulation will also clarify the safety escort requirements for farm vehicles including the signage and lighting requirements.

(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: This is a new administrative regulation.

(b) The necessity of the amendment to this administrative regulation: This is a new administrative regulation.

(d) How the amendment will assist in the effective administration of the statutes: This is a new administrative regulation.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This regulation affects persons involved in the agricultural industry in Kentucky including both farmers and farm implement dealers who regularly transport large loads and supplies.

(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: If necessary, persons hauling overweight or overdimensional farm equipment will have to obtain a single or annual permit from the cabinet. They will also be required to follow the safety requirements relating to escort vehicles for farm equipment.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are no fees involved with this administrative regulation.

(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The regulation informs and clarifies requirements relating to the movement of overweight and over dimensional farm equipment and supplies. This regulation also clarifies safety requirements including sign, flag, and lighting requirements for overweight and overdimensional farm equipment.

(5) Provide an estimate of how much it will cost the administrative body to implement the administrative regulation: At this time, there are no known costs associated with implementing this new administrative regulation.

(a) Initially:

(b) On a continuing basis:

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: No funding is required.

(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: There is no need for the cabinet to increase fees or funding.

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No fees are established by this regulation either directly or indirectly.

(9) TIERING: Is tiering applied? Yes. Tiering is applied because restrictions on travel vary depending on the length of trip (single or annual) and safety issues involved in the movement.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

Contact Person: Ann DAngelo

1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, or school districts)? Yes

2. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation impacts procedures in the Transportation Cabinet's Department of Vehicle Regulation.

3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 189.270(6), 189.271(9)(b), 189.2717(1)

4. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. There should not be any effect on the expenditures of a state or local agency.

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation will not generate additional revenue.

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation will not generate additional revenue.

(c) How much will it cost to administer this program for the first year? No administrative costs are required or expected.

(d) How much will it cost to administer this program for subsequent years? No subsequent administrative costs are anticipated.

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

Revenues (+-):

Expenditures (+-):

Other Explanation: