603 KAR 4:035. Logo signs; placement along fully-controlled and partially-controlled access highways.

603 KAR 4:035. Logo signs; placement along fully-controlled and partially-controlled access highways.

RELATES TO: KRS 177.0734-177.0738

STATUTORY AUTHORITY: KRS 177.0736, 177.0738, 177.0739

NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.0736 and 177.0738 require the Commissioner of the Department of Highways to promulgate administrative regulations for the erection of specific service signs on fully-controlled access highways and at interchanges on partially-controlled access highways. This administrative regulation sets forth the criteria to be followed in the erection and maintenance of specific service signs designed to inform motorists where travel related goods and services are available.

Section 1. Definitions. (1) "Clear zone" means the area between the edge of the driving-lane of a fully controlled or partially-controlled access highway and an imaginary line running parallel to the highway but thirty (30) feet (9.15 meters) away from the highway.

(2) "Contractor" means the entity selected by the Department of Highways pursuant to KRS Chapter 45A and 600 KAR 6:070 to administer the specific service signing program in Kentucky. The activities of the contractor shall include marketing; determination of business eligibility; maintenance, erection, and removal of the specific service signs and installation and removal of logo signs.

(3) "Contract year" means July 1 through the following June 30.

(4) "Cover" means to place a protective shield over a logo sign to prohibit viewing of the sign.

(5) "Double exit interchange" means a grade-separated crossing of roadways having two (2) mainline off-ramps in one (1) direction to provide access to the crossroad.

(6) "Fully controlled access highway" is defined in KRS 177.0734(1).

(7) "Highway guide sign" means an official highway sign which is erected by the Department of Highways to:

(a) Give directions;

(b) Furnish advance notice of the approach to an intersection or interchange;

(d) identify routes and directions on the routes;

(e) Show distances to destinations;

(f) Indicate access to general:

1. Motorist services;

2. Rest areas;

3. Scenic areas; or

4. Recreational area; and

(g) Provide other information of assistance to the traveling public.

(8) "Interchange" means a junction of two (2) or more highways by a system of separate levels that permit traffic to pass from one (1) to another without the crossing of traffic streams.

(9) "Logo signs" are defined in KRS 177.0734(2).

(10) "Motorist service" means a place of business providing gas, food, lodging, tourist attractions, or camping facilities or a combination thereof.

(11) "MUTCD" means Manual on Uniform Traffic Control Devices incorporated by reference in 603 KAR 5:050.

(12) "Partially-controlled access highway" is defined in KRS 177.0734(4).

(13) "Ramp sign" means a sign that is placed along the ramp or at the ramp terminal for service facilities which have business logos displayed along the main roadway.

(14) "Shopping area" means a group of ten (10) or more retail and other commercial establishments located within close proximity of one another that employ a unifying theme carried out by individual shops in their architectural design or their merchandise.

(15) "Shopping mall" means a group of retail and other commercial establishments that is 400,000 square feet or more and is planned, developed, owned, and managed as a single property.

(16) "Single exit interchange" means a grade-separated crossing of roadways having one (1) mainline off-ramp per direction to provide access to the crossroad.

(17) "Specific service signs" are defined in KRS 177.0734(3).

(18) "Tourist attractions" means activities or locations that are:

(a) Natural phenomena;

(b) Historic;

(d) Scientific;

(e) Educational;

(f) Religious;

(g) Of natural beauty or naturally suited for outdoor recreation;

(h) Similar activities of interest to the traveling public; or

(i) Shopping malls or shopping areas.

(19) "Trailblazing sign" means a sign which provides directional guidance to a particular cultural or recreational site from other highways in the vicinity.

Section 2. General Provisions. (1) The Commissioner, Department of Highways, shall authorize the placement of specific service signs with logo signs within the right-of-way of fully controlled and partially-controlled access highways.

(2) The Department of Highways shall control the erection and maintenance of signs in accordance with the "Manual on Uniform Traffic Control Devices" (MUTCD) as incorporated by reference in 603 KAR 5:050 and with the provisions of this administrative regulation.

Section 3. Application and Contracts for Specific Service Signs. (1) Application for a business to place a logo relating to gas, food, lodging, camping, or tourist attractions on a specific service sign shall be on "Application for Highway Logo Signing" forms.

(2) The contract to be entered into between the participating business and the Department of Highways' contractor shall be the "Highway Logo Program Agreement" form. Addenda to this form may be included in the contract if appropriate.

Section 4. Location and Erection of Specific Service Signs. (1) A specific service sign bearing separately attached logo signs shall not be erected less than 800 feet (244 meters) in advance of the exit direction sign at the interchange where motorist services are available.

(2) Spacing between each specific service sign shall be at a minimum of 800 feet (244 meters) and shall be spaced at least 800 feet (244 meters) from any other highway guide signs in existence or proposed for that area.

(3) A specific service sign shall not be erected:

(a) If there is insufficient space between the previous interchange and the interchange where the motorist services are available for the required highway guide signs and a specific service sign.

(b) At an interchange which intersects another limited access facility.

(4)(a) There shall not be more than one (1) specific service sign erected in each direction of an interchange or intersection for the following:

1. "GAS";

2. "FOOD";

3. "LODGING";

4. "CAMPING"; or

5. "TOURIST ATTRACTIONS ".

(b) There shall not be more than four (4) specific service signs erected in one (1) direction of travel for an interchange or intersection.

(c) In one (1) direction of travel, the successive signs shall be erected in the order of "TOURIST ATTRACTIONS" or "CAMPING", "LODGING", "FOOD", and "GAS" unless a combination specific service sign is erected in accordance with Section 5(9) or (10) of this administrative regulation.

(d) At an interchange with insufficient space available in a single direction for four (4) specific service signs, or at an interchange with requests for all five (5) type services, service signing preference shall be in the order "gas", "food", "lodging", "camping", and "tourist attractions ", with "gas" having the highest priority.

(5) The specific service signs shall be located to:

(a) Take advantage of natural terrain;

(b) Have the least impact on the scenic environment; and

(6) Unprotected sign supports located within the clear zone shall be of a breakaway design.

Section 5. Interchange Specific Service Sign Composition. (1) A specific service sign shall have a blue background with a white reflectorized border.

(2) The directional arrows and all letters and numbers used in the name of the type of service and the directional legend shall be white and reflectorized.

(3) All letters used in the name of service and the directional legend shall be ten (10)-inch (254-millimeter) capital letters.

(4) All numbers shall be ten (10) inches (254 millimeters) in height.

(5) The size of the specific service sign shall comply with the requirements of the MUTCD.

(6) An average measured retroreflectivity of fifty (50) percent or greater shall be maintained on each specific service sign.

(7)(a) For single exit interchanges, a standard full-size specific service sign shall accommodate a maximum of six (6) logo signs.

(b) If the number of businesses does not warrant a full-size sign, a half-size or combination sign may be used.

(8)(a) At a double exit interchange, the specific service sign shall consist of two (2) sections, one (1) for each exit, mounted on the same base.

(b) The top section shall display logo signs for the first exit and the lower section shall display logo signs for the second exit.

(c) Each section shall accommodate a maximum of four (4) logo signs for each service per exit, with the total number of signs not to exceed six (6).

(d) If a type of motorist service is to be signed for only one (1) exit, one (1) section of the specific service sign may be omitted or a single exit interchange sign may be used.

(9) Logo signs for two (2) types of services may be displayed on the same combination specific service sign under the following conditions:

(a) For the two (2) types of services there is a total of not more than six (6) qualified businesses at the interchange;

(b) Up to four (4) logo signs may be displayed for a type of service in combination on a sign;

(c) If four (4) logo signs are displayed for one (1) type of service on a combination specific service sign, more than two (2) logo signs for the other type of service shall not be displayed on the combination specific information sign; and

(d) The name of each type of service shall be displayed above its respective logo signs.

(10) Logo signs shall not be combined on a sign as described in subsection (9) of this section if:

(a) It is anticipated that additional service businesses shall become available in the near future; or

(b) It becomes necessary to display more than a total of six (6) logo signs for the two (2) types of services displayed in combination.

(11)(a) Except at an unnumbered exit, the exit number shall be displayed above the name of the type of service; and

(b) At an unnumbered exit, the legend "NEXT RIGHT" or "NEXT LEFT" shall be displayed above the name of the type of service.

Section 6. Ramp Signs. (1) At a single-exit interchange, an exit ramp sign shall be installed except that the logo for a facility visible from the ramp terminal may be omitted.

(2) The logo sign on a ramp sign shall be a duplicate of the corresponding logo installed along the main roadway, but reduced in size.

(3) A ramp sign for a service facility not visible from the ramp terminal may include the distance to the service facility. Direction to the service facility shall be indicated by an arrow.

(4) Ramp signing may be used on ramps at double-exit interchanges.

Section 7. Logo Signs. (1) Each logo sign shall have a legend and border. Except, if the business identification symbol or trademark is used alone for a logo sign, the border may be omitted.

(2) Each logo sign on the specific service sign shall be contained within a forty-eight (48)-inch (1219.2-millimeter) wide and thirty-six (36)-inch (914.4-millimeter) high rectangular background area which includes the border, if required.

(3) The principal legend shall be legible from the main traveled way of the highway under normal driving conditions.

(4) A symbol or trademark shall be reproduced in the colors and general shape consistent with customary use and an integral legend shall be in proportionate size.

(5) A message, symbol, or trademark which resembles any official traffic control device shall be prohibited.

(6) The vertical and horizontal spacing between logo signs on specific service signs shall not exceed eight (8) inches (203.2 millimeters) and twelve (12) inches (304.8 millimeters), respectively.

(7) The reflectivity, material composition, and adhesiveness of a logo sign shall comply with the "Standard Specifications for Road and Bridge Construction" (2000 Edition and 2001 Supplement).

(8) If a business ceases to exist or is not in operation for thirty (30) days, the logo sign shall be immediately covered or removed as circumstances of each closing or cessation of business dictate.

(9) Any business which operates on a seasonal basis shall make provisions for removing or covering logo signs during the off season. A business of this type shall notify the Department of Highways' contractor in writing thirty (30) days before the opening or closing occurs.

(10) In the absence of an official trademark or logo, the official name as indicated in partnership agreements, incorporation documents, or otherwise documented may be substituted on the logo sign.

(11)(a) With the exception of "Open 24 Hours" or "24 Hours", descriptive advertising words, phrases or slogans shall not be allowed on a logo sign; i.e., "Joe's 24-Hour Market", "Free Coffee", "Credit Cards Accepted", etc.

(b) Descriptive words which are part of the official name of the business shall be permitted on a logo sign; i.e., "hotel", "motel", "inn", "lodge", "restaurant", "cafe", "cafeteria", "diner", or others with a similar meaning.

(12) If there is more than one (1) eligible business at an interchange with the same business symbol, brand, trademark or logo, more than one (1) business symbol, brand, trademark or logo with the same design may be placed on a specific service sign or on a ramp sign to indicate the distances to the individual businesses.

(13)(a) The Transportation Cabinet shall review and approve the design of a "TOURIST ATTRACTIONS" logo sign prior to its placement on a panel.

(b) The Transportation Cabinet shall not approve the design of a logo sign which would be difficult to comprehend by the traveling public at highway speeds and under normal atmospheric conditions.

Section 8. Business Criteria, Eligibility, and Priority. (1) A motorist service business located at, or conveniently accessible from, an interchange or intersection of a fully-controlled and partially-controlled access highway shall be eligible for placement of a logo sign on a specific service sign if it qualifies under the following conditions:

(a) Each business shall offer written assurance that it conforms with all applicable laws and administrative regulations concerning the provision of public accommodations with regard to race, religion, color, sex, age, disability, or national origin.

(b) To qualify for a "GAS" logo sign, a business shall:

1. Be in operation seven (7) days a week, and continuously open for sixteen (16) hours a day; and

2. Have motor vehicle fuel, oil, water, drinking water, restroom facilities, and a telephone available for use by the traveling public.

1. Be licensed in accordance with KRS Chapter 219;

2. Be in continuous operation to serve three (3) meals a day, six (6) days a week;

3. Have a seating capacity for a minimum of six (6) guests at sit-down, eat-in service; and

4. Have a telephone and restroom available for use by the traveling public.

(d) To qualify for a "LODGING" logo sign, a facility shall:

1. Be licensed in accordance with KRS Chapter 219;

2. Have a minimum of two (2) rooms available for sleeping accommodations; and

3. Have a telephone available for use by the persons staying at the facility.

(e) To qualify for a "CAMPING" logo sign, a facility shall:

1. Be licensed in accordance with KRS Chapter 219; and

2. Have a minimum of ten (10) parking accommodations which have modern sanitary facilities and drinking water.

(f) To qualify for a "TOURIST ATTRACTIONS" logo sign, a facility shall:

1. Be an activity or location that is one (1) or more of the following:

a. Natural phenomena;

b. Historic site;

c. Cultural site;

d. Scientific site;

e. Educational site;

f. Religious site;

g. Area of natural beauty;

h. Area naturally suited for outdoor recreation; or

i. Shopping malls or shopping areas.

2. Maintain regular hours for that type of establishment;

3. Be licensed in accordance with KRS Chapter 219, if applicable;

4. Have restroom facilities available for use by the traveling public;

5. Have drinking water available for the traveling public;

6. Have an on-premise or nearby public telephone available for use by the traveling public; and

7. Have adequate parking to accommodate its traffic with a minimum of ten (10) spaces.

(2)(a) The eligible business making application for a logo of a specific service which is located nearest to the interchange or intersection shall receive first priority in the selection process.

(b) Subsequent proximities to the interchange or intersection shall establish subsequent priorities.

(c) A business further than fifteen (15) miles (24.15 kilometers) from the interchange shall not be eligible to qualify for placement of a logo sign. Except, any business at a distance greater than fifteen (15) miles (24.15 kilometers) from the interchange with a logo sign in place on January 1, 1994, may continue to display the logo sign until the business fails to meet another criterion of this administrative regulation or is bumped pursuant to Section 9 of this administrative regulation.

(3)(a) A qualifying food business which is open sixteen (16) hours a day beginning no later than 7 a.m. each day shall have priority over another qualifying food business which does not provide service for this entire time period.

(b) Distance from the interchange shall only be considered in determining priority after the business hours for a qualifying food business have been considered.

(4) A business with an outdoor advertising device determined by the Transportation Cabinet pursuant to 603 KAR 3:080 to be in violation of KRS 177.830 through 177.890 shall not be eligible to qualify for a logo sign until the violation has been removed.

(5) A business with an advertisement on an outdoor advertising device determined by the Transportation Cabinet pursuant to 603 KAR 3:080 to be in violation of KRS 177.830 through 177.890 shall not be eligible to qualify for a logo sign until the violation has been removed.

(6) An activity which is identified at an interchange by a highway guide sign pursuant to Chapter 2F of the "MUTCD" may also be identified with a logo, but shall have a lower priority for selection than any other eligible business with the same activity.

(7) A business offering more than one (1) motorist service shall not be eligible to display more than one (1) logo sign with the same logo at an interchange or intersection unless no other eligible business has applied for use of the available space on the second specific service sign.

Section 9. Bumping. (1) An eligible business with a higher priority, pursuant to Section 8 of this administrative regulation, shall be permitted to display its sign at the beginning of the next contract year, in the place of a currently displayed, lower priority business if:

(a) The specific service sign is fully utilized; and

(b) It files an application by April 1;

(2) The business with the lowest priority shall have its logo sign removed at the end of the current contract year.

Section 10. Fees. (1) The qualifying business shall pay to the department's contractor an annual fee of $600, in advance, for each logo sign placed on the fully controlled access highway for gas, food, and lodging and $300 for camping and tourist attractions.

(b) The annual fee for the first year shall accompany the initial application.

(c) If the first contract is for less than one (1) year, the first year's annual fee shall be prorated on a monthly basis with each portion of a month the logo sign is up requiring payment of one-twelfth (1/12) of the fee.

(d) The yearly renewal fee and application for renewal shall be due forty-five (45) days prior to the annual renewal date.

(e) The payment of this fee guarantees that the logo sign will be displayed for one (1) contract year or portion of the first contract year as long as the business does not violate any part of its agreement with the Department of Highways' contractor.

(2) If a sign for a business is removed or covered for any reason, a fee of $100 shall be charged for the reinstallation or uncovering of the sign for each business at each interchange.

(3) The qualifying business shall be responsible for damage to its logo sign caused by an act of vandalism or natural causes requiring repair or replacement of a logo sign.

(4) A logo sign shall provide a new or renovated logo sign if the displayed sign:

(a) Would misinform the traveling public; or

(b) Is unsightly, badly faded, or in a state of dilapidation.

Section 11. Trailblazing Signs For Campgrounds. (1) Only those campgrounds within fifteen (15) miles (24.15 kilometers) of the centerline of a fully controlled access highway shall be eligible for new trailblazing signs.

(2) Only one (1) specific service trailblazing sign shall be erected for each business with a logo. This sign shall be placed a minimum of 300 feet (91.5 meters) in advance of the intersection from which the camping service is available.

(3) A trailblazing sign shall not be erected or displayed if the business is visible from a point on the fully controlled access highway within 300 feet (91.5 meters) prior to intersection.

Section 12. Measurements. (1) Measurements in the selection of qualified businesses for logo signs shall be from the juncture of the center line, measured between the center edges of the main traveled way of the fully controlled or partially-controlled access road and the center line of a nonlimited access crossroad.

(2) Selection of businesses for display of logo signs shall begin at the point of measurement described in subsection (1) of this section to the nearest point of vehicle travel to the exit from the crossroad or public thoroughfare to the particular motorist service.

Section 13. Logo Sign Contract. (1)(a) A Highway Logo Program Agreement between a participating business and the department's contractor shall be approved by the Transportation Cabinet prior to the erection of a logo sign.

(b) Each logo sign and contract shall be subject to review by the Transportation Cabinet at any time.

(c) Failure to comply with any of the requirements set forth in this administrative regulation including nonpayment by the participating business shall be cause for the revocation of a logo sign contract.

(d) If the contract is revoked for cause, the prepaid fees for a contract year or portion thereof, shall not be refunded.

(2) If the Department of Highways or its contractor determines that a contract, business, or logo sign does not comply with the requirements of this administrative regulation, the Department of Highways' contractor shall notify the business in writing of the violation.

(3) If the business fails to comply with the requirements of this administrative regulation within fifteen (15) days after receiving the notification, the Department of Highways' contractor shall take immediate action to cancel the contract and remove, replace, or cover the logo signs.

(4) If, in a single contract year, a business has been issued a notice pursuant to subsection (2) of this section and is again in noncompliance with this administrative regulation, the Department of Highways' contractor shall take immediate action to cancel the contract and remove, replace, or cover the logo signs.

Section 14. Appeal to the Commissioner of Highways for Exemption. (1) The Commissioner of Highways may grant an exemption to a business from the necessity of complying with a requirement set forth in this administrative regulation if:

(a) It is determined by the commissioner that the exemption is in the public interest;

(b) The business conforms to the Federal Highway Administration standards for specific service signs; and

(2) A business which conforms to all the requirements set forth in this administrative regulation shall be given a preference over a business not conforming to all of the requirements in qualifying for placement of a logo sign on a specific service sign.

(3) An appeal of the denial of a request for an exemption by a business to the Commissioner of Highways shall be filed in the form of an appeal as prescribed for in Section 16 of this administrative regulation.

Section 15. Encroachment Permits. The Department of Highways' contractor shall apply for an encroachment permit pursuant to 603 KAR 5:150 for each new specific service sign proposed to be erected, modified, or removed from state-owned right-of-way.

Section 16. Appeal of Department of Highways Action. (1) A business or person aggrieved by the action taken by the Department of Highways or its contractor in administering this administrative regulation may request a formal hearing before the Commissioner of the Department of Highways.

(2) The request for the formal hearing shall:

(a) Be filed in writing with the Commissioner, Department of Highways, 501 High Street, Frankfort, Kentucky 40622; and

(b) Set forth the nature of the complaint and the grounds for the appeal.

(3)(a) Upon receipt of a request for a hearing, the general counsel of the Transportation Cabinet shall assign the matter to a hearing examiner.

(b) The hearing officer shall issue his recommended order to the Commissioner of the Department of Highways.

(4) A party aggrieved by the final order of the Department of Highways may appeal pursuant to the provisions of KRS 13B.140.

Section 17. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Application for Highway Logo Signing" forms prepared by Kentucky Logos, Inc. in March 1997;

(b) "Highway Logo Program Agreement" form prepared by Kentucky Logos, Inc. in March 1997; and

(c) "Standard Specifications for Road and Bridge Construction," published by the Kentucky Transportation Cabinet (2000 Edition and 2001 Supplement)

(2)(a) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Transportation Cabinet, Department of Highways, Division of Traffic, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. The telephone number is (502) 564-4105.

(b) The material in subsection (1)(a) and (b) of this section also may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky Logos, Inc., Suite 6, State National Bank Building, 305 Ann Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The telephone number is 1-800-469-5646 or (502) 227-0802. The fax number is (502) 227-7286. (9 Ky.R. 578; Am. 678; eff. 11-3-82; 11 Ky.R. 246; 588; eff. 10-9-84; 20 Ky.R. 3104; 21 Ky.R. 41; eff. 7-13-94; 22 Ky.R. 984; 1318; 1463; eff. 1-22-96; 23 Ky.R. 3413; 3821; 4119; eff. 6-2-97; 25 Ky.R. 2195; 2882; 26 Ky.R. 58; eff. 6-1-99; 29 Ky.R. 1682; 2674; eff. 5-15-03.)