603 KAR | Title 603 KAR — Transportation Cabinet

Chapter 1 Construction and Materials

603 KAR 1:020 Driveway approaches, entrances; construction and maintenance {#sec-603-kar-1-020 omnilex-key=us-ky-regs-official--title-603--603 KAR 1:020}

Section 1.

(1)

(a) The owner or occupant of property, who desires to construct new or additional private farm or single family dwelling driveway approaches, shall make formal application in writing, to the District Engineer of the Department of Highways. If the District Engineer approves the application, paragraph (b) of this subsection shall apply.

(b) The applicant shall furnish at his own expense, all drainage pipe, tile, or other drainage structure required. The department will participate in the construction of the entrance in an amount not to exceed $300 by providing equipment, labor and/or materials for the installation of the drainage structure, the grading and surfacing with traffic bound material within the right-of-way limits.

(2)

(a) The owner or occupant of property, used for commercial or any purpose other than farming or single family dwelling, who desires to construct new or additional driveway entrance approaches, to relocate, or make other changes in existing driveway entrance approaches thereto, shall make application for a permit to the District Engineer of the Department of Highways upon standard forms furnished by the Transportation Cabinet.

(b) All work involved is to be done wholly at the expense of the permittee and in accordance with the approved permit and plans. A copy of the approved permit and plans authorizing the work must be in the possession of the person(s) or contractor doing the work at the work site. Failure of the person doing the work to produce the permit upon request by a representative of the department or a law enforcement officer will result in cancellation of the permit and/or appropriate legal action.

(3) Driveway entrance approaches to properties used for, or intended to be used for commercial or any purpose other than farming or single family dwelling shall be constructed in accordance with the following administrative regulations:

(a) All driveways and approaches shall be so constructed that they shall not interfere with the drainage of the highway. All drainage structures used shall meet the approval of the Department of Highways as to type, quality, size and length.

(b) Any corner island, safety island, property line island or pump island shall be so located as to insure the conduction of activities or business associated with the establishment, on private property and not on roadway right-of-way. To insure the safety of the highway user and to protect highway facilities against damage, the entrance approach shall be constructed or installed as shown on the permit, documents and plans approved by the Department of Highways.

Section 2. The District Engineer shall have authority to approve or to disapprove applications for driveway entrance approaches in accordance with such authority delegated to the District Engineer by the Secretary of the Transportation Cabinet.

Section 3.

(1) No indemnity bond or other type security will be required with permit applications for the construction of a farm or single family dwelling driveway entrance approach except when the estimated cost of the construction within the right-of-way limits exceeds $300.

(2) Indemnity bonds or other types of security will be required with applications for the construction of any driveway entrance approach that is not intended to serve farm or single family dwelling property. The amount of such security shall be determined by the District Engineer and shall be sufficient to guarantee proper restoration of the right-of-way, roadway and surfacing.

Section 4.

(1) Normally all driveway entrance approaches are to be maintained by the owner and at the expense of the owner but the Department of Highways shall do sufficient work from the edge of the roadway pavement to the normal width of the roadway shoulder only, to provide safe passage for the traveling public.

(2) In situations where a determination is made by the District Engineer, that a farm or single family dwelling driveway entrance approach is causing damage to the roadway or is dangerous to the public, the District Engineer may authorize the department to perform maintenance work and supply materials within the right-of-way beyond the normal shoulder width.

History

RELATES TO: KRS 176.050, 177.106
STATUTORY AUTHORITY: KRS 174.080, 176.050(1)(g)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 176.050(1)(g) authorizes the Department of Highways to prescribe rules and administrative regulations for the care and maintenance of roads after they have been constructed. This administrative regulation is adopted to prescribe standards for the construction and maintenance of driveway approaches and entrances on the rights-of-way of the Department of Highways.
History: 603 KAR 001:020. HIWA-319; 1 Ky.R. 809; eff. 5-14-1975; 6 Ky.R. 125; eff. 10-3-1979; Crt eff. 2-11-2019; Crt eff. 12-5-2025.

Chapter 2 Preconstruction

603 KAR 2:015 Prequalification for construction, certificate of eligibility, and contract claims dispute {#sec-603-kar-2-015 omnilex-key=us-ky-regs-official--title-603--603 KAR 2:015}

Section 1. Definitions.

(1) "Cabinet" means the Transportation Cabinet.

(2) "Contract" means a competitively bid contract between the contractor and the department pursuant to KRS Chapter 45A and 176.090 through 176.110.

(3) "Contractor" means the person, corporation, partnership, or joint venture that enters into a contract with the department for highway maintenance or construction.

(4) "Maximum eligibility amount" means the maximum amount of uncompleted prime contract work authorized at one (1) time.

Section 2. Certificate of Eligibility.

(1)

(a) A contractor bidding on a construction or maintenance project, or accepting a subcontract on a construction or maintenance project of the department, shall be prequalified and possess a certificate of eligibility issued by the department to bid on construction projects.

(b) The certificate shall state the maximum eligibility amount and types of work for which the contractor shall be qualified.

The department may, for reasons of practicality, waive the requirements established in subsection (1)(a) and (b) on a project not specifically involving the construction or maintenance of a public road in connection with the letting of a contract if the requirement is not mandated by KRS 176.130.
The waiver shall be included in the notice to contractors and the bid proposal for the project.

(2) The Commissioner of Highways shall appoint a Construction Prequalification Committee composed of department employees to review each application and make a recommendation to the State Highway Engineer concerning the eligibility of a contractor to bid on a department construction or maintenance contract.

Section 3. Application for Certificate of Eligibility.

(1) A contractor desiring to procure a certificate shall submit a completed Application for Certificate of Eligibility, TC 14-1, notarized by a notary who is not an officer of the company, to the Division of Construction Procurement. The applicant shall provide:

(a) Information regarding the applicant's ability to perform the types of work for which eligibility is requested;

(b) Construction experience resumes of the applicant's principal officers and key personnel;

(d) Financial statements prepared as of the close of the previous fiscal year for an established company, or to reflect the current financial status of a newly established contractor applicant; and

(e) A certificate of authority if required by KRS 176.150(4).

(2)

(a) An applicant desiring eligibility in excess of $1,000,000 shall submit financial statements presented in accordance with generally accepted accounting principles and audited by a certified public accounting firm.

(b) The audit shall be performed in accordance with generally accepted auditing standards.

(c) The applicant's financial statements shall include supplemental financial information if requested by the department.

(d) The financial statements for an applicant desiring eligibility of $1,000,000 or less shall be accompanied by a review report issued by a certified public accounting firm or a compilation report or balance sheet issued by a certified public accounting firm or an accountant.

(3)

(a) Pursuant to KRS 61.878(1)(c), the department shall not make the application information required in this section available to the public.

(b) Pursuant to KRS 176.210, the department may make lists of qualified bidders public.

Section 4. Method of Computing Maximum Eligibility Amount.

(1)

(a) The allowable current net assets as determined from the financial statements, plus the cash surrender value, less loans, of life insurance on which the applicant is the beneficiary, excluding policies with other beneficiaries, shall be multiplied by a factor of twelve (12) to establish the net current assets factor.

(b) The book value of owned equipment shall be multiplied by a factor of six (6) to establish the equipment factor.

(c) The equipment factor shall be added to the net current assets factor to determine the maximum capacity factor of the contractor.

(2) The contractor's percentage rating shall be established by the department by evaluating the contractor's organization and experience, plant and equipment, and prior construction performance in accordance with the maximum percentages established in paragraphs (a) through (c) of this subsection.

(a) Organization and experience shall be twenty (20) percent.

(b) Plant and equipment shall be thirty (30) percent.

(3)

(a) The maximum eligibility amount shall be determined by multiplying the contractor's percentage rating and the maximum capacity factor. The maximum capacity factor shall not exceed $1,000,000 if unaudited financials have been submitted.

(b) A contractor's current eligibility amount shall be the net difference between the contractor's maximum eligibility amount as shown on the certificate of eligibility issued by the department and the total value of uncompleted prime contract work charged to the contractor, regardless of the location and with whom the contractor is contracted.

Section 5. Issuance of Certificate of Eligibility.

(1)

(a) The Construction Prequalification Committee shall review each application for a certificate of eligibility and make a recommendation of eligibility to the State Highway Engineer.

(b) The State Highway Engineer shall issue a determination of eligibility, based on KRS 176.130 through 176.220 and this administrative regulation, within thirty (30) calendar days after receipt of the application unless the application is deferred as established in Section 6(3) of this administrative regulation.

(c) Upon receiving a separate written request from a contractor not prequalified with the department indicating the contractor's intent to bid on a specific federal-aid project that has been advertised for a bid opening within the thirty (30) day period, the department shall review the application and make a determination of eligibility, based on KRS 176.130 through 176.220 and this administrative regulation, within fifteen (15) calendar days.

(2) A certificate of eligibility shall terminate 120 calendar days after the end of the applicant's fiscal year unless the certificate is suspended or revoked prior to that time.

(a) An applicant shall file a new application pursuant to Section 3 of this administrative regulation within ninety (90) calendar days after the end of the applicant's fiscal year.

(b) The department shall review the application and approve or disapprove the issuance of a new certificate of eligibility within thirty (30) calendar days of the date of receipt by the department.

(3) The certificate of eligibility in effect as of the bid opening date shall constitute the basis for determining the eligibility of a bidder.

(4) An applicant may, in regard to the department's decision on its application:

(a) Request reconsideration of the department's decision pursuant to Section 6 of this administrative regulation; or

(b) Appeal the department's decision pursuant to Section 9 of this administrative regulation.

Section 6. Reconsideration of Decisions.

(1)

(a)

An applicant may request reconsideration of a decision of the Construction Prequalification Committee if the applicant is denied a certificate of eligibility or disagrees with the maximum eligibility amount or the types of work established in its certificate of eligibility.
An applicant may request reconsideration of a department decision to suspend or revoke the certificate of eligibility or to reduce the maximum eligibility amount.

(b) A request for reconsideration shall be submitted in writing to the department within ten (10) calendar days of the applicant's receipt of the notice of the department's action.

(c) A request for reconsideration shall state the basis of the request and be supported by information and evidence that indicates why a certificate of eligibility should be issued or why the certificate of eligibility should be amended.

(d) The Construction Prequalification Committee shall review the request and may contact the applicant for clarification or expansion of the submitted information. The committee shall make a recommendation to the State Highway Engineer.

(e) The Department of Highways shall notify the applicant of the determination within thirty (30) calendar days after receipt of the request for reconsideration.

(f) If the Department of Highways does not concur with the reconsideration request of the applicant, the applicant shall be notified of his or her right to an administrative hearing pursuant to Section 9 of this administrative regulation.

(2)

(a) An applicant denied a certificate of eligibility may submit a new application for reconsideration.

(b) The department shall consider the new application and notify the applicant of the action taken within thirty (30) calendar days after receipt of the application.

(3)

(a) An application that has been deferred by the department until the applicant settles an outstanding debt to the Commonwealth, completes a project, or satisfies prior concerns about work performance on a project shall remain in the possession of the department until the reason for deferral is resolved.

(b)

An applicant shall be notified of a deferral within ten (10) calendar days after action is taken by the department to defer the application.
The applicant shall be notified of his or her right to an administrative hearing regarding the deferral.

(4)

(a) An interim application may be submitted if there has been a substantial increase in the net current assets of the applicant and the applicant wishes to apply for an increase in the maximum eligibility shown on the certificate of eligibility.

(b) The interim application shall contain a financial statement certified in the same manner as the statements submitted by the applicant at the close of the previous fiscal year.

(c) The department shall review the interim application and notify the applicant of the department's determination within thirty (30) calendar days after receipt of the application.

(5)

(a) A certificate holder, upon receipt of a certified mail request from the department, shall submit an interim financial statement or current information relating to the applicant's organization, equipment, and work status.

(b) The information requested shall be submitted within thirty (30) calendar days after receipt of the request. Failure to provide the information requested shall constitute a basis for the suspension or revocation of a certificate of eligibility.

(6) An applicant may request an administrative hearing if the applicant is denied a certificate of eligibility, the application is deferred, or the applicant disagrees with the maximum eligibility amount or the types of work listed in the certificate of eligibility.

(7) To request an administrative hearing, an applicant shall notify the department in writing within ten (10) calendar days after receipt of the denial or certificate of eligibility.

Section 7. Revocation.

(1) A certificate of eligibility shall be subject to suspension, revocation, or a reduction in the maximum eligibility amount upon receipt of information or evidence that a holder of a certificate of eligibility has failed to perform satisfactorily by failure to comply with the laws, administrative regulations, or specifications applicable to a contract or subcontract.

(2) A notice to the certificate holder stating the grounds on which the action is proposed, shall be sent by certified mail.

(3) A request for reconsideration pursuant to Section 6 of this administrative regulation, or a request for an administrative hearing, shall be submitted by the certificate holder in writing within ten (10) calendar days of the receipt of notice of a decision by the cabinet. If a written request is not received within ten (10) calendar days, the proposed action shall become final.

Section 8. Administrative Claims Process.

(1) The cabinet shall not consider a claim for extra work as established in the edition of the Standard Specifications for Road and Bridge Construction applicable to the contract between the cabinet and the contractor unless the contractor has submitted a completed Notice of Potential Claim, TC 63-77, to the engineer before beginning the disputed work.

(2) A notice of claim against the cabinet for delay shall be submitted in writing to the engineer on a completed Notice of Potential Claim, TC 63-77 within ten (10) calendar days of the date the contractor knew or should have known of the existence of the claim as based on daily records, contractor records, or applicable correspondence. A notice of claim presented to the cabinet by the contractor after ten (10) calendar days shall not be considered for payment by the cabinet.

(3) After receipt of Notice of Potential Claim, TC 63-77, the cabinet shall respond to the contractor with Acknowledgement of Notice of Potential Claim, TC 63-78.

(4) For claims involving extra work, the contractor shall submit to the engineer a summary of the force account forms that identify each operation affected, and the specific locations where work is affected, no later than fourteen (14) calendar days after filing the Notice of Potential Claim TC 63-77, and on a weekly basis thereafter.

(5) If the contractor's records indicate costs that are greater than those on record with the cabinet, the engineer shall notify the contractor in writing.

(a) A contractor shall respond to the engineer within three (3) working days if he or she disagrees with the findings of the engineer.

(b) If the contractor fails to respond, the records of the cabinet shall control.

(6) For claims involving delay, the contractor shall submit the following in writing no later then fourteen (14) calendar days after filing the Notice of Potential Claim, TC 63-77, and on a weekly basis thereafter:

(a) Information regarding the potential effect to the schedule caused by the delay;

(b) Identification of the operations that have been, or will be delayed;

(d) An explanation of how the department's act or omission delayed the operation and an estimation of the amount of time necessary to complete the project; and

(e) An itemization of the extra costs incurred including:

How the extra costs relate to the delay and how they were calculated and measured;
An identification of the project employees for whom the costs are being compiled; and
An identification of the contractor's equipment by manufacturer and the numbers of the items of equipment for which costs have been compiled.

(7) A contractor may request additional time or a different submittal schedule, such as biweekly or monthly, by submitting a written request to the engineer. Approval or denial of the request shall be issued by the engineer within seven (7) calendar days of receipt of the request.

(8)

(a) If the contractor submits the claim to the engineer, the engineer, in consultation with the district transportation engineering branch manager, shall attempt to resolve the dispute with the contractor within sixty (60) calendar days of the date of receipt of the submitted claim from the contractor

(b) If the claim is not resolved by the engineer, then the claim shall be submitted to the director, Division of Construction, who shall have ninety (90) calendar days from the date of submission to make the final determination.

(c) If the matter is not resolved by the engineer and the contractor and prior to making a final determination on the matter, the director, Division of Construction shall convene an informal settlement conference with the contractor for the purpose of either settling the dispute or identifying the issues that need resolution. If the settlement conference is unsuccessful, the director, Division of Construction, shall notify the contractor in writing of the cabinet's decision regarding the contractor's claim.

(d) If the engineer or the director, Division of Construction, fails to render a decision within the time limits established in this section, the inaction shall be deemed a denial of the claim by the cabinet, and the contractor may proceed with the administrative hearing process pursuant to Section 9 of this administrative regulation. If a decision is not rendered within the time limits established in paragraphs (a) and (b) of this subsection, the cabinet shall bear all costs associated with the hearing officer.

(9) The contractor shall request an administrative hearing pursuant to KRS Chapter 13B within thirty (30) calendar days of the date of the notification of the decision by the cabinet.

(10)

(a) Upon the agreement in writing of both parties, the parties may engage in formal nonbinding mediation of the dispute with a mediator agreeable to both parties.

(b) The parties participating in the mediation shall each pay one-half (1/2) of the costs associated with the mediator.

(11) If mediation is agreed upon by the parties, all time limits related to the continuing administrative process shall be stayed until either the cabinet or the contractor submits written notice to the other that they are terminating the mediation process. The time limits previously stayed shall commence to run upon the date of the written notice.

Section 9. Hearing Procedure.

(1) A request for an administrative hearing pursuant to the provisions of this administrative regulation shall be in writing and mailed to the Kentucky Transportation Cabinet, State Highway Engineer, Department of Highways, 200 Mero Street, Frankfort, Kentucky 40622.

(2) A written request for an administrative hearing shall be submitted to the State Highway Engineer within thirty (30) calendar days of the date of the decision by the director, Division of Construction.

(3) A request for an administrative hearing that is not submitted timely to the cabinet shall be denied, and the decision by the director, Division of Construction, shall stand.

(4) The secretary of the Transportation Cabinet, after receiving the report and recommendation of the hearing examiner, may accept the report and recommendation in its entirety, or reject or modify the findings and recommendations of the hearing examiner as established in a final order pursuant to KRS Chapter 13B.

(5) The contractor shall be notified by final order of the secretary's decision.

(6) The contractor shall have appeal rights pursuant to KRS Chapter 13B.

(7) The contractor shall reimburse the cabinet one-half (1/2) of the expenses of the hearing officer within thirty (30) calendar days after the date of the entry of the final order by the Secretary of Transportation. If a contractor fails to pay its portion of the hearing officer expenses, the cabinet shall withhold an amount due to the contractor from a current or future project.

(8) Pursuant to KRS 45A.245, a contractor may forego the KRS Chapter 13B hearing and file a lawsuit in Frankfort, Kentucky in the Franklin County Circuit Court.

Section 10. Material Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Certificate of Eligibility", TC 14-1, February, 2017;

(b) "Notice of Potential Claim", TC 63-77, November, 2018;

(d) "Standard Specifications for Road and Bridge Construction", March 1, 2004;

(e) "Standard Specification for Road and Bridge Construction", December 14, 2008;

(f) "Standard Specification for Road and Bridge Construction", June 15, 2012;

(g) "Standard Specifications for Road and Bridge Construction, January 1, 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Transportation Cabinet, Department of Highways, Division of Construction Procurement, 200 Mero Street, Frankfort, Kentucky 40622. The office hours are 8 a.m. to 4:30 p.m. on weekdays. The office telephone number is (502) 564-3500.

(3) This material may also be found on the cabinet's website at https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx.

History

RELATES TO: KRS 13B, 45A.245, 61.878(1)(c), 176.090-176.110, 176.130-176.220
STATUTORY AUTHORITY: KRS 174.080, 176.140(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 176.140 requires the cabinet to establish administrative regulations in order to determine the eligibility of bidders for construction contracts with the Department of Highways. This administrative regulation establishes the requirements for an applicant to obtain a certificate of eligibility with the cabinet. This administrative regulation also establishes the hearing procedures for a contract claims dispute.
History: HIWA-CE; 1 Ky.R. 809; eff. 5-14-1975; 3 Ky.R. 538; eff. 3-2-1977; 5 Ky.R. 686; eff. 8-6-80; 11 Ky.R. 1869; eff. 7-9-1985; 14 Ky.R. 171; eff. 9-10-1987; 1645; eff. 3-10-1988; 23 Ky.R. 1014; 1596; eff. 10-1-1996; 26 Ky.R. 1700; eff. 5-22-2000; 45 Ky.R. 2173, 2665; eff. 4-5-2019; Crt eff. 3-20-2026.

603 KAR 2:020 Public-private partnerships {#sec-603-kar-2-020 omnilex-key=us-ky-regs-official--title-603--603 KAR 2:020}

Section 1. Definitions.

(1) "Best value" is defined by KRS 45A.070.

(2) "Cabinet" is defined by KRS 175B.010(3).

(3) "Director" means the director of the Division of Construction Procurement.

(4) "Evaluation committee" means a committee designated by the secretary of the Transportation Cabinet to review and evaluate proposals.

(5) "Financial plan" means a plan submitted to, or proposed by, the state authority pursuant to KRS 175B.030 or KRS 175B.035.

(6) "Project" is defined by KRS 175B.010(11).

(7) "Public-private partnership" is defined by KRS 175B.010(14).

(8) "Request for proposals" is defined by KRS 45A.070(5).

(9) "State authority" is defined by KRS 175B.010(16).

Section 2. Procurement Process.

(1) If a public-private partnership is included in an approved or recommended financial plan, and the project is contained in the Enacted Biennial Highway Plan and the State Transportation Improvement Program, the cabinet, the state authority, and another state if involved in the project shall undertake a competitive, best value procurement to obtain a private partner.

(2) A request for proposals shall be issued by the cabinet pursuant to KRS 45A.085.

(3) A proposal submitted in response to the cabinet's request for proposals shall include:

(a) The name, address, telephone number, and electronic mail address of the contact person for the proposing entity;

(b) A demonstration of financial responsibility for the proposing entity or, if the proposing entity is made up of more than one (1) legal entity, a demonstration of financial responsibility for each member of the proposing team;

(c) A copy of a current insurance policy indicating all coverage including Kentucky workers' compensation for the type of work described in the request for proposals;

(d) Information indicating work on similar projects and resumes of principal officers and key personnel; and

(e) Evidence by the response due date that the proposing entity, or that each member of the proposing team, is registered as a business and in good standing with the Kentucky Secretary of State, and is prequalified with the cabinet pursuant to KRS 176.140.

(4) A bond or check shall accompany each bid pursuant to KRS 176.080(1) and (3).

(5) A proposal shall be forwarded to the Kentucky Transportation Cabinet, Division of Construction Procurement. A proposal shall be addressed to the attention of the director.

(6) A proposal received outside of the time designated in the request for proposal shall be rejected.

Section 3. Proposal Review.

(1) The secretary of the cabinet shall designate a committee of engineers and cabinet professionals to review and evaluate proposals based on a qualification basis selection, on specifications that are unique to the proposal, or on a combination of both.

(2) The director and the evaluation committee may conduct meetings or accept written questions from a potential proposing entity to ask for clarification.

(3) A written confirmation of the questions from the proposing entity and the answers of the director and evaluation committee shall become an official addendum to the request for proposals and shall be provided to potential proposing entities.

(4) Written proposals received in response to a request for proposal shall be kept secure and unopened until the date and hour established for opening proposals. If a proposal is not clearly marked, it shall be deemed nonresponsive.

(5) At the close of the proposal submission deadline, a proposal received by the director shall be examined for general conformity with the terms of the procurement.

(6) If acceptable proposals are not submitted:

(a) New proposals may be requested based on the same or revised terms; or

(b) The procurement may be canceled.

(7)

(a) If, after a request for of proposals to enter into competitive negotiations, only one (1) proposal responsive to the request for proposal solicitation is received, the director may commence negotiations with the single offeror and a contract entered into with that offeror shall be valid.

(b) The terms and conditions of the contract with a single offeror shall not deviate from the terms and conditions established in the request for proposals.

(c) Subject to the requirements and conditions of the request for proposal, if a non-selected submitted response to a request for proposal is retained by the cabinet, a stipend shall be paid to an unsuccessful bidder. The amount of the stipend shall be based upon:

Project complexity;
Estimated proposal costs; and
The anticipated degree of competition.

(8) The pricing information and financing terms and conditions shall be kept separate and secure until they are combined with the evaluation committee aggregate qualitative scoring to achieve the final score for the procurement process as established in the request for proposals.

(9) A contract shall be awarded to the highest scoring entity submitting a responsive proposal based upon the pricing and qualitative evaluation factors established in the request for proposals.

(10)

(a) Discussions with proposing entities by a member of the evaluation committee regarding the procurement shall be prohibited except during the selection committee interview process. The evaluation committee may meet with proposers to discuss the technical aspects of the project in greater detail prior to submission by the proposers.

(b) If an ex parte communication occurs, the proposing entity shall be disqualified if the ex parte communication creates an unfair advantage or an appearance of impropriety.

(c) Each ex parte communication shall be documented with a written summary that shall become part of the procurement file. The documentation shall include the date and general substance of the communication.

History

RELATES TO: KRS 45A.070, 45A.077, 45A.085, 45A.494, 175B.005, 175B.010, 175B.020, 175B.030, 175B.035, 175B.037, 176.080, 176.140
STATUTORY AUTHORITY: KRS 175B.037(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 175B.037(7) requires the Transportation Cabinet to promulgate administrative regulations establishing the procurement and proposal review processes for a public-private partnership related to a project undertaken by the state authority. This administrative regulation establishes the requirements for a private business or entity to submit a proposal to the Transportation Cabinet and the review processes for the proposal.
History: 43 Ky.R. 856, 1418, 1561; eff. 3-31-2017; Cert eff. 3-22-2024.

Chapter 3 Maintenance

603 KAR 3:030 Primary road system classifications {#sec-603-kar-3-030 omnilex-key=us-ky-regs-official--title-603--603 KAR 3:030}

Section 1. As authorized by KRS 177.020 the following classification of roads is established as the State Primary Road System:

(1) State primary system.

(a) Interstate highways: those routes designated as interstate routes.

(b) Parkways (tollroads): those routes designated as parkways on which toll is paid.

(c) Other state primary highways: those routes which are considered to be long distance, high volume intrastate routes that are of statewide significance. The routes have mobility as their prime function and are distinguished by high traffic-carrying capacity. These routes link major urban centers within the state and/or serve as major interregional corridors.

(2) State secondary system. These highways are shorter distance routes of regional significance with both access to land use activity and mobility as their functions. They generally have less traffic-carrying capacity and a more impeded traffic flow than the state primary system highways. These routes serve the smaller cities and county seats within a region and link important traffic generators to most of the developed areas within the region.

(3) Rural secondary system. These roads are routes of subregional significance with access to land use activity as their prime function. These routes link locally important traffic generators with their service areas, are usually considered to be farm-to-market roads, urban arterial streets and other collector facilities.

(4) Supplemental roads. These roads are routes and unnumbered roadways which are being maintained by the Transportation Cabinet and which are not included in one (1) of the higher system classifications because they fail to meet the functional classification criteria of that system. These routes and roadways are generally of short distance and may begin and end without regard to road junctions.

Section 2. All roads or city streets or segments thereof adopted as a part of the state primary road system and all eliminations of such roads or city streets from said system shall be indicated by an official order which shall, upon being signed by the Commissioner, Department of Highways, or his designated representative, be kept on file in the Transportation Cabinet, Department of Highways, Frankfort, Kentucky 40622.

History

RELATES TO: KRS 177.020
STATUTORY AUTHORITY: KRS 177.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.020 authorizes the Department of Highways to establish, construct, reconstruct and maintain public roads as a part of the State Primary Road System as defined by KRS 177.020(1). This administrative regulation is adopted to establish and classify the State Primary Road System.
History: 603 KAR 003:030. HIWA-SPRS; 1 Ky.R. 814; eff. 5-14-1975; 12 Ky.R. 357; eff. 10-8-1985; Crt eff. 11-26-2019; Crt eff. 12-5-2025.

603 KAR 3:051 Recyclers {#sec-603-kar-3-051 omnilex-key=us-ky-regs-official--title-603--603 KAR 3:051}

Section 1. Definitions.

(1) "Automobile, vehicle or machinery recycler" shall have the same meaning as KRS 177.905(2).

(2) "Material recycler" shall have the same meaning as KRS 177.905(4) except any containers, such as trash dumpsters, which are maintained, operated or used for storing or keeping garbage, trash and other waste material are excluded.

(3) "Operator or operators" shall have the same meaning as KRS 177.905(5).

(4) "Person" shall have the same meaning as KRS 177.905(6).

(5) "Recycling establishment" or "place of business" means any place operated, maintained or allowed to exist by any automobile, vehicle or machinery recycler or any material recycler.

(6) "Road" shall have the same meaning as KRS 177.905(1).

(7) "Business" shall have the same meaning as KRS 177.905(3).

Section 2. General Provisions.

(1) No junked, wrecked or inoperable automobiles, vehicles, machinery or material scrap or parts shall be placed, deposited or otherwise located on the right-of-way of any road.

(2) Every recycling establishment or place of business shall be completely hidden from view of the traveling motorist, for 1,000 feet in each direction from the outer limits of the premises or storage area, and to a depth of 1,000 feet from the right-of-way line, along all roads.

(3) Any recycling establishment or place of business required by KRS 177.910 to obtain a permit which cannot as a practical matter be screened from view of the traveling motorist on all roads shall not be issued a permit and shall be removed.

(4) If an operator begins a recycling establishment or place of business in a new location, the location shall be screened to comply with provisions of this administrative regulation and the operator shall have applied for and obtained a current permit prior to its operation.

Section 3. Measurements.

(1) In determining the 1,000 feet control distance from the right-of-way required by KRS 177.910, the measurements shall be taken horizontally along a line at the same elevation and at a right angle to the center line of the highway.

(2) In measuring the 1,000 feet from the outer limits of the premises or storage area, in each direction, on all roads, two (2) lines shall be drawn perpendicular to the center line of the main traveled way of the road, so as to cause the two (2) lines to embrace the greatest longitude along the center line of the main traveled way of the road.

Section 4. Standards for Screening.

(1) Completed screening shall completely hide all junked, wrecked, or inoperable automobiles, vehicles, machinery, and materials from view of the traveling public on all roads on a year-round basis.

(2) Materials for screening shall present an attractive appearance. No wrinkled or bent metal shall be accepted.

(3) The completed screening shall present a neat and clean appearance.

(4) The piecing together of metal or wood panels or other patchwork type screening shall not be accepted.

(5) Unless a continuous overall neat design is created, all metal or wood panels shall be erected vertically.

(6) Fencing used for screening shall be of uniform height and alignment unless a variation is applied for and approved by the Department of Highways.

(7) Completed screening shall blend with the surrounding area as much as possible.

(8) If fencing materials must be painted in order to blend with the surrounding area, the colors and shades of buildings and other structures in the area may be taken into account in determining the color and shade to be used on such fencing materials.

(9) If a building or other structure is to be used as a portion of the screening, the building or structure may be required by the Department of Highways to be painted in order to blend with the other portions of screening and the surrounding area.

(10) If screening is to be effected by the use of plantings of trees or shrubs, the plantings to be used shall be of sufficient height and density at planting to screen the recycling establishment or place of business from view of the traveling motorists on a year-round basis on all roads where control is exercised.

(11) Any operator of a recycling establishment or place of business shall file with his application for a permit a plat detailing the area to be used for the storing or keeping of recycling material, automobiles, vehicles or machinery, the location, height, length, kind of material to be used for screening and color of paint if required.

(12) Approval of a screening proposal shall be obtained from the Department of Highways prior to the erection of fencing or the planting of trees or shrubs to effect the screening required to hide the storage area from view of the traveling public. Failure to obtain such approval in advance may result in the necessity of removing and reerecting part or all screening in order to comply with standards for screening as set forth in this section.

Section 5. Requirements for Permit and Fee.

(1) An application for a permit required by KRS 177.910 for the operation of a recycling establishment or place of business shall be made on forms prescribed and furnished by the Department of Highways.

(2) The completed application form shall be filed with the Highway District Office serving the county in which the proposed business lies. Permits shall be issued in the following manner:

(a) Permits shall be issued for a two (2) year period, or portion thereof, beginning on July 1 of even numbered years.

(b) Any recycling establishment or place of business existing or in operation on July 1 of an even numbered year shall remit the full permit fee regardless of the date of compliance with Kentucky law and administrative regulations.

(c) Any new recycling establishment or place of business which comes into existence after July 1 of an even numbered year shall remit a permit fee on a prorated basis based on the beginning date of the operation regardless of the date of compliance with Kentucky law and administrative regulations.

(d) Even though the permit fee set by KRS 177.920 is fifty (50) dollars for a two (2) year period if a new business begins operation the permit fee shall be two (2) dollars and eight (8) cents per month for each month remaining in the two (2) year period.

(e) Permit fees paid in the form of a check or money order shall be made payable to the "Treasurer, Commonwealth of Kentucky."

(f) Permit fees shall not be accepted by the Department of Highways until the recycling establishment or place of business is in full compliance with Kentucky law and administrative regulations at which time the applicant shall be billed.

Section 6. Revocation of Permits.

(1) Failure to comply with Kentucky law and administrative regulations shall be cause for the revocation of a permit.

(2) If a recycling establishment or place of business is found to not be in compliance, a reasonable time period may be allowed for the operator to comply with Kentucky law and administrative regulations.

Section 7. Appeal of Permit Revocation.

(1) Any business or person aggrieved by an action taken by the Department of Highways in administering this administrative regulation or the referenced Kentucky Revised Statutes may request a formal hearing. The request for the hearing shall be filed in writing with the Commissioner, Department of Highways and shall set forth the nature of the complaint and the grounds for the appeal.

(2) Within sixty (60) days of receipt of the hearing request, the Department of Highways shall notify the complainant of the date, time, and location of the hearing.

(3) At the time and place set for the hearing, the complainant may present any evidence relevant to the disposition of his complaint.

(4) Within thirty (30) days after the hearing an order on the complaint shall be issued by the Commissioner of the Department of Highways. A copy shall immediately be mailed to the complainant.

History

RELATES TO: KRS 177.905-177.950
STATUTORY AUTHORITY: KRS 177.935
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.935 authorizes the Department of Highways to exercise general supervision of the administration and enforcement of KRS 177.905 to 177.950. This administrative regulation pertaining to the operation of automobile, vehicle, machinery or material recycling establishments has been adopted to enable the Transportation Cabinet's Department of Highways to administer and enforce the recycler program requirements.
History: 5 Ky.R. 565; 6 Ky.R. 51; eff. 7-17-1979; 11 Ky.R. 450; eff. 10-9-1984; 15 Ky.R. 544; eff. 10-4-1988; Crt eff. 3-18-2019; Crt eff. 4-1-2019; Crt eff. 3-20-2026.

603 KAR 3:100 Noxious weeds and invasive plants to be eradicated from rights-of-way {#sec-603-kar-3-100 omnilex-key=us-ky-regs-official--title-603--603 KAR 3:100}

Section 1.

(1) Noxious weeds and invasive plants shall be added to the list established in KRS 176.051(1), including:

(a) Spotted knapweed; and

(b) Cutleaf teasel.

(2) Giant foxtail shall be deleted from the list established in KRS 176.051(1).

Section 2. Review. The department shall review the list of noxious weeds and invasive plants in this administrative regulation as established in KRS 176.051(4)(b).

History

RELATES TO: KRS 176.051
STATUTORY AUTHORITY: KRS 176.051
NECESSITY, FUNCTION, AND CONFORMITY: KRS 176.051 requires the Transportation Cabinet to eradicate noxious weeds and invasive plants from state-owned rights-of-way and establishes a list of noxious weeds and invasive plants that shall be eradicated by the department. KRS 176.051(4)(a) authorizes the cabinet to promulgate an administrative regulation to add or remove noxious weeds and invasive plants from the list established in KRS 176.051(1). This administrative regulation adds and deletes noxious weeds and invasive plants from the list established in KRS 176.051(1) in consideration of the criteria established in KRS 176.051(4)(a)1. through 4.
History: 48 Ky.R. 1434, 2075; eff. 1-25-2022.

Chapter 4 Right-of-way

603 KAR 4:035 Logo signs; placement along fully controlled and partially controlled access highways {#sec-603-kar-4-035 omnilex-key=us-ky-regs-official--title-603--603 KAR 4:035}

Section 1. Definitions.

(1) "Clear zone" means the area beginning at the edge of the traveled way that is available for safe use by errant vehicles.

(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 a contractor include:

(a) Marketing;

(b) Determining business eligibility;

(d) Installation and removal of logo signs.

(3) "Contract year" means a fiscal year that is 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) "Fully controlled access highway" is defined by KRS 177.0734(1).

(6) "Highway guide sign" means an official highway sign that 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 a route;

(e) Indicate the distance to a destination; or

(f) Provide information or assistance to the traveling public including:

Motorist services;
Rest areas;
Scenic areas; or
Recreational areas.

(7) "Interchange" means a system of interconnecting roadways providing for traffic movement between two (2) or more highways that do not intersect at grade.

(8) "Logo signs" is defined by KRS 177.0734(2).

(9) "Motorist service" means a place of business providing one (1) or more MUTCD eligible service such as gas, food, lodging, tourist attractions, or camping facilities.

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

(11) "Partially controlled access highway" is defined by KRS 177.0734(4).

(12) "Specific service signs" is defined by KRS 177.0734(3).

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

Section 2. General Provisions.

(1) The Commissioner of the 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 specific service and logo signs in accordance with the MUTCD.

Section 3. Application and Contracts for Specific Service Signs. A business shall apply with the cabinet's contractor for a logo or specific service sign.

Section 4. Location and Erection of Specific Service Signs.

(1) A specific service sign shall be located and erected according to the MUTCD in Section 2J

(2) At an interchange with a request for more types of services than signs permitted by the MUTCD, service signing priority shall be in the order "gas", "food", and "lodging", with the remaining services and attractions determined by distance from the interchange.

(3) If there is sufficient space available in a single direction for the maximum number of specific signs permitted by the MUTCD, the signs closest to the interchange shall be for "gas", "food", and "lodging".

(4) A specific service sign shall be located to avoid visual conflict with other signs within the highway right-of-way.

(5) Specific service signs that have unprotected sign supports located within the clear zone shall be of a breakaway design.

(6) If a business ceases to exist or is not in operation for thirty (30) days, the logo sign shall be immediately covered or removed by the contractor.

(7) A business that operates on a seasonal basis shall remove or cover a permitted logo sign during the off season and shall notify the Department of Highways' contractor in writing thirty (30) days before the opening or closing occurs.

Section 5. Business Criteria, Eligibility, and Priority.

(1) A motorist service business shall be eligible for placement of a logo sign on a specific service sign as established in the MUTCD, Section 2J.

(2) An applicant that applies for a FOOD logo and meets MUTCD requirements shall be designated a tier two (2) applicant.

(3) In an urban area where space for a logo sign is limited or where logo signs are full, an applicant for a logo sign that meets all the following requirements shall be designated a tier one (1) applicant:

(a) Is in continuous operation fourteen (14) hours a day, six (6) days a week;

(b) Has a seating capacity for a minimum of fifty (50) guests at sit-down, eat-in service; and

(4)

(a) An application for a logo shall be processed in the order received if space is available on the specific service sign.

(b) If a logo sign is full, an applicant shall be placed on a waiting list.

(c) A business that is fifteen (15) miles (24.15 kilometers) or more from the interchange shall not qualify for placement of a logo sign.

(d) A business that is fifteen (15) miles (24.15 kilometers) or more 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 MUTCD criteria.

(5) A business offering more than one (1) motorist service may display a LOGO on more than one (1) specific service sign if space is available.

Section 6. Duration.

(1) A motor service vendor, except for a food vendor, that obtains a logo shall retain that logo until the motor service vendor no longer pays its annual fee or no longer meets MUTCD requirements.

(2) An eligible food business with a higher tier pursuant to Section 5 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 tiered business if:

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

(b) It files an application by April 1;

(3) The food business with the lower tier that is the greatest distance from the interchange shall have its logo sign removed at the end of the current contract year.

(4) If more than one (1) applicant applies for an available space for a food logo, the applicant who applied first shall receive the logo.

Section 7. Fees.

(1)

(a) The qualifying business shall pay to the cabinet's contractor an annual fee of $600 per direction, 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 annual fee and application for renewal shall be due forty-five (45) days prior to the annual renewal date.

(e) The payment of this fee shall guaranty that the logo sign shall be displayed for one (1) contract year or portion of the first contract year as long as the business is not in violation of its agreement with the Department of Highways' contractor or the criteria established in the MUTCD.

(2) If a sign for a business is removed or covered, 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) The qualifying business shall provide a new or renovated logo sign if the displayed sign:

(a) Would misinform the traveling public;

(b) Is badly faded or in a state of dilapidation; or

Section 8. Trailblazing Signs for Campgrounds.

(1) A campground fifteen (15) miles (24.15 kilometers) or less from the centerline of a fully controlled access highway shall be eligible for a new trailblazing sign.

(2) One (1) specific service trailblazing sign with a logo may be erected for each business, and the 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 applicant business is visible within 300 feet (91.5 meters) of the intersection on the fully controlled access highway.

Section 9. Measurements. Measurements shall be taken from the end of the exit ramp to the main entrance of the business in the selection of a qualified business for a logo sign.

Section 10. Logo Sign Contract.

(1)

(a) A logo sign and contract shall be subject to review by the Transportation Cabinet.

(b) A contract shall be revoked for a failure to comply with the requirements established in the MUTCD or in this administrative regulation including nonpayment by a participating business.

(2) The Department of Highways' contractor shall notify the business in writing of a violation.

(3) The Department of Highways contractor shall take immediate action to cancel the contract and remove, replace, or cover the logo signs if a business has been issued a second notice of noncompliance within a single contract year.

Section 11. Appeal to the Commissioner of Highways for Exemption.

(1) The Commissioner of Highways shall grant an exemption to a business from the necessity of complying with a requirement established in this administrative regulation if:

(a) The exemption is in the public interest; and

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

(2) In qualifying for a logo sign, a business that conforms to MUTCD requirements and the requirements established in this administrative regulation shall be given a preference over a business not conforming to the requirements.

(3) An appeal by a business of the denial of a request for an exemption shall be filed as established in Section 13 of this administrative regulation.

Section 12. Encroachment Permits. The Department of Highways' contractor shall apply for an encroachment permit pursuant to 603 KAR 5:150 for a specific service sign proposed to be erected, modified, or removed from state-owned right-of-way.

Section 13. 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 a formal hearing shall:

(a) Be filed in writing to the Commissioner, Department of Highways, 200 Mero Street, Frankfort, Kentucky 40622; and

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

(3)

(a) The Office of Legal Services for the Transportation Cabinet shall assign the matter to a hearing officer.

(b) The hearing officer shall issue a 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. The appeal shall be in accordance with the provisions of KRS 13B.140.

History

RELATES TO: KRS Chapter 45A,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 establishes the criteria to be followed in the erection and maintenance of specific service signs and attached logo signs.
History: 9 Ky.R. 578; 678; eff. 11-3-1982; 11 Ky.R. 246; 588; eff. 10-9-1984; 20 Ky.R. 3104; 21 Ky.R. 41; eff. 7-13-1994; 22 Ky.R. 984; 1318; 1463; eff. 1-22-1996; 23 Ky.R. 3413; 3821; 4119; eff. 6-2-1997; 25 Ky.R. 2195; 2882; 26 Ky.R. 58; eff. 6-1-1999; 29 Ky.R. 1682; 2674; eff. 5-15-2003; 38 Ky.R. 1218; 1443; .eff. 2-15-2012; Crt eff. 10-8-2018; Crt eff. 3-5-2019; Crt eff. 2-23-2026.

603 KAR 4:040 TODS signs; placement on public roads other than interstates or parkways {#sec-603-kar-4-040 omnilex-key=us-ky-regs-official--title-603--603 KAR 4:040}

Section 1. Definitions.

(1) "Clear zone" means the area between the edge of the driving lane of a public road and an imaginary line running parallel to the road but thirty (30) feet (9.12 meters) away from the road.

(2) "Contractor" means the entity selected by the Department of Highways pursuant to KRS Chapter 45A and 600 KAR Chapter 6 to administer the tourist oriented directional signs program in Kentucky. The activities of the contractor shall include but not be limited to marketing, determination of business eligibility, maintenance, erection and removal of the information panels and TODS.

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

(4) "Cover" means a protective shield over a TODS sign which prohibits viewing of the sign.

(5) "Department" is defined by KRS 189.010(1).

(6) "Eligibility distance" means the distance from the at-grade intersection of the state highway at the point where the directional sign is located to the entrance driveway to the business.

(7) "Fully-controlled access highway" means a highway that:

(a) Gives preference to through traffic;

(b) Has access only at selected public roads; and

(8) "Illegal sign" means an advertising device which has been determined to be illegal according to the provisions of 603 KAR 3:080.

(9) "Information panel" means an official sign placed within the highway right-of-way with space for one (1) or more individual TODS to be attached to it and which may display the legend "TOURIST ACTIVITIES".

(10) "Intersection" is defined by KRS 189.010(4).

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

(12) "MUTCD" means the Federal Highway Administration's Manual On Uniform Traffic Control Devices incorporated by reference in 603 KAR 5:050.

(13) "Public road" means all state-maintained roads other than interstate or parkway highways.

(14) "Ramp" means the on- or off-access road from the interstate highway or parkway to or from the first public road.

(15) "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.

(16) "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.

(17) "TOD trailblazer" means a reduced-sized TODS used in areas where the speed limit is posted with a limit of forty-five (45) miles per hour or less (seventy-two and four-tenths (72.4) kilometers per hours) to direct the traveling public to a tourist attraction.

(18) "Tourist activity" means a public or private activity which provides a tourist attraction or motorist service to the traveling public.

(19) "Tourist attraction" means:

(a) A cultural, historical, recreational, agricultural, educational, or entertainment activity;

(b) A shopping mall or shopping area; or

(20) "Tourist oriented directional sign" or "TODS" means an individual tourist information sign paid for and owned by the tourist activity and fabricated to the standards set forth in this administrative regulation and located on an information panel on the right-of-way of a public road. The TODS may provide the official name, directional information, and distance to a specific tourist activity.

Section 2. General Provisions. The Department of Highways shall control the erection and maintenance of information panels and TODS in accordance with the MUTCD and the provisions of this administrative regulation.

Section 3. Applications and Contracts for TODS.

(1) An application for an activity or business to place a TODS or TOD trailblazer sign on an information panel shall be made on an "Application for Highway Tourist Oriented Directional Signage (TODS)" form prepared by the Kentucky Logos, Inc.

(2) The contract to be entered into between the participating activity or business and the Department of Highways' contractor shall be the "Highway TODS Program Agreement" form prepared by the Kentucky Logos, Inc. Addenda to this form may be included in the contract if appropriate.

Section 4. Information Panels for TODS.

(1) General requirements for information panels.

(a) The information panels shall be located to:

Take advantage of natural terrain;
Have the least impact on the scenic environment; and
Avoid visual conflict with other signs within the highway right-of-way.

(b) Information panels for TODS shall not be erected:

On a fully-controlled access highway;
On the on/off ramps of a fully-controlled access highway;
Where there is insufficient space to locate both other traffic control devices and the information panels;
So that the traffic is directed onto a fully-controlled access highway; and
Except for TOD trailblazers, on those sections of public road with a speed limit of forty-five (45) miles (seventy-two and four-tenths (72.4) kilometers) per hour or less.

(d) An information panel may be located laterally outside the normal longitudinal alignment of other traffic control signs, but shall be erected within the highway right-of-way.

(e) The location of any other traffic control device shall at all times take precedence over the location of an information panel.

(2) Intersection approach information panels.

(a) Information panels may be erected at the approach of an intersection on a public road.

(b) Except as provided in paragraph (g) of this subsection, each intersection approach information panel shall be located at least 200 feet (sixty and eight-tenths (60.8) meters) from the intersection.

(c) Except as provided in paragraph (g) of this subsection, an intersection approach information panel shall be spaced at least 200 feet (sixty and eight-tenths (60.8) meters) from any other traffic control device including another intersection approach information panel.

(d) A separate information panel shall be installed for each of the directions of traffic on an approach to an intersection at which TODS will be placed for the identification of tourist activities. The directions of traffic are the following:

A right turn;
A left turn; and
No turn if the activity or business is located ahead if allowed by the provisions set forth in Section 6 of this administrative regulation.

(e) In the direction of traffic, the order of placement for separate information panels shall be for facilities to the left, to the right and straight ahead.

(f) If the AHEAD sign is used pursuant to the provisions of Section 6 of this administrative regulation, an attempt shall be made to locate it to the far right corner of the intersection, but it shall not obstruct the driver's critical viewing of other traffic control devices.

(g) The spacing requirements set forth in paragraphs (b) and (c) of this subsection may be waived by the State Highway Engineer's Office if, based on sound engineering judgment, it is determined that the intersection can safely accommodate the reduced spacing.

(3) Advance information panels.

(a) Advance information panels may be installed only in situations where sight distance, intersection vehicle maneuvers or other vehicle operation characteristics require advance notification of the service to reduce vehicle conflicts and improve highway safety;

(b) The last of the advance information panels to be driven past shall be located at least one-half (1/2) mile (eight-tenths (0.8) kilometers) from the intersection.

(d) A separate advance information panel shall be installed for each of the directions of traffic on and prior to the approach to an intersection at which TODS will be placed for the identification of tourist activities. The directions of traffic are the following:

A right turn;
A left turn; and
No turn if the activity or business is located ahead and if allowed by the provisions set forth in Section 6 of this administrative regulation.

(e) In the direction of traffic, the order of placement for separate advance information panels shall be for facilities to the left, to the right and straight ahead.

(f) If the AHEAD sign is used pursuant to the provisions of Section 6 of this administrative regulation, an attempt shall be made to locate it to the far right corner of the intersection, and it shall not obstruct the driver's critical viewing of other traffic control devices.

Section 5. TODS Design and Composition.

(1) Each TODS shall:

(a) Be rectangular in shape;

(b) Have a white legend and border on a blue background;

(d) Contain the name of the business in not more than two (2) lines of legend which shall not include promotional advertising.

(2) Each TODS on an intersection approach information panel shall have:

(a) A separate directional arrow as set forth in Section 2D-8 of the MUTCD;

(b) The distance to the activity or business shown beneath the arrow;

(d) Arrows pointing to the left or up at the extreme left of the TODS.

(3)

(a) The arrangement of the tourist oriented directional signs on the advance information panel shall be the same as the arrangement on the intersection information panel except the directional arrows and distance shall be omitted.

(b) The appropriate legend NEXT RIGHT, NEXT LEFT, or AHEAD in letters of the same letter height as the other word messages shall be placed on the information panels above the TODS.

(c) The legend "RIGHT X MILE", "LEFT X KILOMETERS", or similarly worded legend may be used if there are intervening minor roads.

(4) More than four (4) TODS shall not be installed on a single information panel.

(5) TODS shall be arranged vertically on an information panel and if appropriate located so that the right turn signs are closer to the intersection. If not more than four (4) TODS are to be installed on an approach to an intersection, the TODS may be combined on the same information panel with the TODS for left turns placed above the TODS for right turns.

(6) The standard lettering for tourist oriented directional signs shall be in upper case letters of the type provided in the "Standard Alphabets for Highway Signs" book. Capital letters shall be six (6) inches (152.4 millimeters) in height. Spacing between characters shall conform to the tables in the metric edition of "Standard Alphabets for Highway Signs and Pavement Markings" published in 1966 by the U.S. Department of Transportation.

(7)

(a) A TODS sign shall not exceed seventy-two (72) inches (1828.8 millimeters) wide and eighteen (18) inches (457.2 millimeters) tall.

(b) The TODS signs on the same information panel shall all be the same width.

(c) The directional arrow with the distance to the activity or business underneath shall not exceed sixteen (16) inches (406.4 millimeters) wide and sixteen (16) inches (406.4 millimeters) tall.

(d) There shall be a one (1) inch (twenty-five and four-tenths (25.4) millimeters) white border surrounding the sign and separating the directional arrow and legend.

(e) There shall be a one (1) inch (twenty-five and four-tenths (25.4) millimeters) spacing between the border and legend and two (2) inch (fifty and eight-tenths (50.8) millimeters) spacing between lines of legend.

(f) The maximum length of the legend shall be five feet four inches (5'4") (1.64 meters) per line.

(8) Clearance of panels shall be governed by Sections 2A and 2D of the MUTCD.

Section 6. AHEAD Signing.

(1) The legend "AHEAD" may be used in lieu of the up directional arrow set forth in Section 5(2)(d) of this administrative regulation.

(2) Signing for tourist activities in the AHEAD direction shall be considered only under the following circumstances:

(a) There is signing for a similar facility in either the right or left direction;

(b) Through traffic is not the normal traffic pattern; or

Section 7. Trailblazer Signs.

(1) At each turn required to be made by the traveling public when proceeding from a TODS to the tourist attraction, a legal sign shall be in place directing the turn. This may be accomplished by purchasing an additional TODS or TOD trailblazer sign.

(2) The Transportation Cabinet, based on engineering judgment, shall establish the size and location of each TOD trailblazer sign.

(3) The Transportation Cabinet shall approve the proposed trailblazing route for each tourist activity seeking trailblazing signs prior to the submission of the application for permit is required by Section 16 of this administrative regulation.

Section 8. Tourist Activity Eligibility. A tourist activity shall meet the following requirements to qualify for tourist oriented directional signing. A TODS sign shall not be erected until the tourist activity or site has been approved in accordance with this administrative regulation.

(1) A tourist activity shall be of significant interest to the traveling public. The types of activities or sites which are of significant interest to the traveling public are gas, food, lodging, camping, and tourist attractions, if at least one-third (1/3) of the income or visitors at the tourist activity are derived during the normal business season from visitors not residing within twenty (20) miles (32.18 kilometers) of the activity.

(2) The tourist activity shall be open to the general public during regular and reasonable hours, and not by appointment or reservation only.

(3) Approval shall not be granted if the tourist activity is using an illegal sign any place in the Commonwealth of Kentucky.

(4) Each tourist activity shall comply with all applicable local, state, and federal statutes and administrative regulations including those prohibiting discrimination based on race, religion, color, sex, age, disability, or national origin. Each tourist activity identified on a tourist oriented directional sign shall provide assurance of its conformance with all applicable federal, state or local laws and administrative regulations. If a tourist activity is in noncompliance of any of these laws or administrative regulations, it may be considered ineligible for participation in this program and its signs may be removed, with no return of any fees.

(5) The tourist activity shall be conducted in an appropriate building or area. The activity shall not be conducted in a building principally used as a residence unless there is a convenient, separate and well-marked entrance or the tourist activity is a bed and breakfast lodging. The building or area shall be maintained in a manner consistent with standards generally accepted for that type of business or activity.

(6) Any tourist activity which operates on a seasonal basis shall make provisions with the department's contractor to remove or cover the tourist activity's TODS sign during the off season. The tourist activity shall in writing notify the department's contractor at least thirty (30) days before the opening or closing occurs.

(7) A TODS shall not be displayed which would misinform the traveling public or is unsightly, badly faded, or in a state of dilapidation. In these instances the business shall make arrangements for a new TODS.

(8) The department shall have no responsibility for business lost due to TODS or information panels becoming temporarily out of service.

(9) The display of the tourist activity sign on the department's TODS structure shall not be considered an endorsement or recommendation by the State of Kentucky on behalf of the tourist activity.

(10) To qualify for a "GAS" TODS sign, a business shall:

(a) Be in continuous operation at least twelve (12) hours per day, six (6) days a week, twelve (12) months a year;

(b) Provide motor vehicle fuel, oil, air and water;

(d) Have an eligibility distance of three (3) miles (4.83 kilometers) or less.

(11) To qualify for a "FOOD" TODS sign, a business shall:

(a) Be in continuous operation to serve two (2) meals a day, twelve (12) hours a day, six (6) days a week, anytime the TODS sign is displayed;

(b) Provide a telephone and restroom facilities for the traveling public; and

(12) To qualify for a "LODGING" TODS sign, a business shall:

(a) Have off-street parking and at least two (2) rooms for sleeping accommodations;

(b) Be in operation anytime the TODS sign is displayed;

(d) Have a private bathroom for each sleeping room with the exception of bed and breakfast establishments.

(13) To qualify for a "CAMPING" TODS sign, a business shall:

(a) Have a minimum of ten (10) individual campsites and parking space for each;

(b) Have modern sanitary facilities and telephone available to its guests;

(d) Have an eligibility distance of fifteen (15) miles (24.14 kilometers) or less.

(14) To qualify for a "TOURIST ATTRACTION" TODS sign, a business or activity shall:

(a) Be open a minimum of eight (8) hours a day, five (5) days a week, one (1) of which is a weekend, any time the TODS sign is displayed;

(b) Have adequate parking for the facility with a minimum of fifteen (15) spaces;

(d) Have an eligibility distance of fifteen (15) miles (24.14 kilometers) or less.

Section 9. Priority of Eligible Tourist Activities. At an intersection with insufficient space available to accommodate all of the applications for TODS:

(1) The first priority shall be any tourist attractions. Any motorist services shall have second priority according to sign type with preference shown in the following order:

(a) "Camping";

(b) "Lodging";

(d) "Fuel".

(2) Any tourist attractions, including seasonal, shall have priority if they are located in a building or district which is on the state or national Register of Historic Sites.

(3) The next tourist activity priority shall be any year-round facilities having a higher priority than any seasonal facilities.

(4) The last prioritization factor for any tourist activity shall be the distance from the intersection with priority given to the applicant which is located closest to the intersection.

Section 10. Bumping. A nonparticipating tourist activity with a higher priority established pursuant to Section 9 of this administrative regulation than one (1) which already has a tourist activity sign displayed on a fully utilized information panel may apply to have its sign displayed at the beginning of the next contract year, if it files an application by April 1. The tourist activity with the lowest priority shall have its TODS removed at the end of the contract year.

Section 11. Changes.

(1) When a participation business changes ownership, a new contract shall be signed at no additional cost to the business for the remainder of the contract year.

(2) When a participating business is sold and the new owner changes its name, if the new owner wants to continue on the program, a new application and contract shall be completed. This is considered a new business and the applicant shall pay the annual fee, prorated according to time remaining in the contract year.

(3) If a participating business changes its name, a new application and contract may be completed.

(4) If a participating business changes its name only, a new application and contract shall not be required.

(5) A reinstallation fee shall be charged for the placement of a new TODS, if needed.

Section 12. Fees.

(1)

(a) Except as provided by in paragraph (c) of this subsection, the qualifying business shall pay to the department's contractor an annual fee of $216, in advance, for each TODS placed on the right-of-way.

(b) Except as provided in paragraph (c) of this subsection, the qualifying business shall pay to the department's contractor an annual fee of $216, in advance for each TOD trailblazer placed on the right-of-way.

(c) If the qualifying business has a "tourist attraction" logo as set forth in 603 KAR 4:035, the annual fee for each TOD trailblazing sign or TODS from the logo to the tourist activity shall be $150.

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

(3) The first year's annual fee may be prorated on a monthly basis with each portion of a month the TODS is in place on the information panel requiring payment of one-twelfth (1/12) of the fee.

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

(5) The payment of the initial or renewal fee guarantees that the TODS or TOD trailblazer 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 and is approved by the Transportation Cabinet.

(6) If the signs for a seasonal tourist activity are removed or covered by the department's contractor, a fee of $200 shall be charged for the removal or covering of all of the TODS or TOD trailblazer signs for the specific business.

(7) If the signs for a tourist activity are removed for any reason, a fee of $200 shall be charged for the reinstallation of all of the TODS for the specific business.

(8) The fee for the reinstallation, removal, or covering of TODS shall be paid to the department's contractor within thirty (30) days of the postmarked date of the invoice.

(9) The tourist activity shall be responsible for damages to its TODS or TOD trailblazer signs caused by acts of vandalism or natural causes which require repair or replacement of the TODS or TOD trailblazer sign.

Section 13. Revocation or Suspension. The contract between the department's contractor and the tourist activity may be revoked or suspended if:

(1) The activity no longer meets the eligibility requirements set forth in this administrative regulation;

(2) The owner or responsible operator of the activity willfully makes a false, deceptive, or fraudulent statement in its application or in other information submitted for review;

(3) The owner or responsible operator of the activity or an agent thereof revises or modifies a TODS sign erected by the department or its agents;

(4) The owner or responsible operator of the business or activity has engaged in a deceptive or fraudulent business practice;

(5) An illegal billboard advertising device advertising the business is located in the state of Kentucky;

(6) Payment is not received on time or is otherwise delinquent;

(7) The owner or responsible operator of the business or activity fails to notify the department's contractor of its seasonal closing; or

(8) The owner or responsible operator of the business or activity is a habitual violator of the provisions of this administrative regulation.

Section 14. Measurements.

(1) Measurements taken to determine the qualifications or priority of tourist activities shall be from the juncture of the center line of the highway, measured between the center edges of the main traveled way of the route on which the sign is to be placed and the center line of the crossroad.

(2) Measurements for the qualification of tourist activities for display of TODS 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 to the particular tourist activity.

Section 15. TODS Contract.

(1)

(a) A TODS contract between a particular tourist activity and the department's contractor shall be approved by the Transportation Cabinet prior to the erection of the TODS.

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

(c) Failure to comply with any of the requirements of this administrative regulation including nonpayment by the participating tourist activity shall be cause for the revocation of the TODS contract.

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

(2) If the Department of Highways or its contractor determines that a tourist activity does not comply with the requirement of this administrative regulation, the Department of Highways' contractor shall notify the tourist activity in writing of the violations.

(3) If the tourist activity 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 TODS.

Section 16. Permits. The Department of Highways' contractor shall apply for an encroachment permit pursuant to 603 KAR 5:150 for each new information panel proposed to be erected or removed from the state-owned right-of-way.

Section 17. Appeal of the Department of Highways Action.

(1) Any 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 of the Department of Highways, 200 Mero Street, Frankfort, Kentucky 40622; and

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

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

(4) The hearing and subsequent procedures shall be conducted in accordance with the provisions of KRS Chapter 13B.

Section 18. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Highway Tourist Oriented Directional Signing (TODS)" form prepared by the Kentucky Logos, Inc., February 1997 edition;

(b) "Highway TODS Program Agreement" form prepared by the Kentucky Logos, Inc., February 1997 edition;

(c) The metric edition of "Standard Alphabets for Highway Signs" published by the U.S. Department of Transportation, 1966 edition: and

(d) "Standard Highway Signs," published by the U.S. Department of Transportation, 1979 edition.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Transportation Cabinet, Department of Highways, Division of Maintenance, Permits Branch, 200 Mero Street, Mail code 3-9, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) The material in subsection (1)(a) and (b) of this section also may be inspected, copied, or obtained, subject to applicable copyright law, at the 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.

(4) The document incorporated by reference in subsection (1)(c) of this section may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. by referring to document number 620-809/71.

History

RELATES TO: KRS 189.337
STATUTORY AUTHORITY: KRS 189.337
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.337 requires the Department of Highways to establish standards for the placement of signs within highway right-of-way of a public road. The Transportation Cabinet has promulgated 603 KAR 5:050 which deals with all traffic control devices by incorporating the Manual on Uniform Traffic Control Devices by reference. The Manual on Uniform Traffic Control Devices allows for the erection of tourist oriented directional signs (TODS) to provide directional information for tourist activities offering goods and services that are of significant interest to the traveling public within certain parameters, but requires each jurisdiction to establish policies for those areas not covered in the manual. This administrative regulation sets forth the criteria to be followed in the erection and maintenance of TODS. The criteria included in this administrative regulation are consistent with the guidelines set forth in the Manual on Uniform Traffic Control Devices.
History: 21 Ky.R. 1195; 1511; 1723; eff. 1-9-1995; 23 Ky.R. 178; eff. 9-3-1996; 24 Ky.R. 1936; 2395; eff. 6-15-1998; 29 Ky.R. 1686; 2678; eff. 5-15-2003; 31 Ky.R. 217; eff. 9-7-2004; Crt eff. 3-5-2019; Crt eff 2-23-2026.

603 KAR 4:050 Limited supplemental guide signs {#sec-603-kar-4-050 omnilex-key=us-ky-regs-official--title-603--603 KAR 4:050}

Section 1. Definitions.

(1) "Activity" means an historical site, tourist area or attraction, or family entertainment center.

(2) "Cabinet" means the Transportation Cabinet.

(3) "Clear zone" means the area between the edge of the driving-lane of a public road and an imaginary line running parallel to the road a certain distance from the edge of the traveled way.

(4) "Eligibility distance" means the distance from the at-grade intersection of the state highway at the point where the directional sign is located to the entrance driveway to the activity.

(5) "Family entertainment center" is defined in KRS 177.076(7).

(6) "Interagency Committee" means the Transportation and Tourism Interagency Committee established by KRS 177.107.

(7) "MUTCD" means the Federal Highway Administration's "Manual on Uniform Traffic Control Devices" incorporated by reference in 603 KAR 5:050.

(8) "Ramp" means the on- or off-access road from an interstate highway or parkway to or from the first public road.

(9) "Spacing" means the distance between the limited supplemental sign and all other traffic control devices or signs located within the right of way. This spacing shall be controlled by the MUTCD.

(10) "TODS" means Tourist Oriented Directional Signing as used in the MUTCD.

Section 2. General Provisions. The Transportation Cabinet shall control the erection and maintenance of Limited Supplemental Guide 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 for Limited Supplemental Guide Signs.

(1) An application from an historical site, tourist area or attraction, or family entertainment center for the erection of a limited supplemental guide sign shall be made to the Transportation Cabinet.

(2) The application shall be processed as follows:

(a) The cabinet shall notify the applicant in writing of the date and time for any hearings regarding the application within thirty (30) days of receipt of an application;

(b) The Division of Traffic shall review proposed signing for compliance and review the proposed location to determine if there is an appropriate location for the erection of the sign;

(c) The cabinet shall consider recommendations from the Division of Traffic, the Interagency Committee, and local and regional comments, and approve or disapprove the erection of the limited supplemental guide sign within ninety (90) days after the receipt of an application; and

(d) The cabinet shall notify the applicant whether the application has been approved or denied.

(3) Upon approval of the application the applicant shall enter into a contractual agreement with the cabinet.

(4) Any fees shall be paid by check made payable to the Kentucky State Treasurer.

Section 4. Criteria for Approval. The cabinet shall approve an application for a limited supplemental guide sign in accordance with the criteria set out in KRS 177.077(2). If multiple applications are received for the same location and lack of space prohibits approval of every application, the cabinet shall consider the following criteria to determine the favorable eligibility for the erection of a limited supplemental guide sign:

(1) Activities between one (1) mile and fifteen (15) miles from the interchange with consideration given to number of visitors;

(2) Activities between sixteen (16) miles and fifty (50) miles from the interchange with considerations;

(3) Federal parks and recreation areas;

(4) Historical sites;

(5) Local and regional support; and

(6) State parks and recreation areas.

Section 5. Limited Supplemental Guide Signs.

(1) General requirements for limited supplemental guide signs:

(a) A limited supplemental guide sign shall be located to:

Take advantage of natural terrain;
Have the least impact on the scenic environment; and
Avoid visual conflict with the other signs within the highway right of way.

(b) A limited supplemental guide sign shall not be erected where there is insufficient space to locate both traffic control devices and the limited supplemental guide sign.

(d) A limited supplemental guide sign may be located laterally outside the normal longitudinal alignment of other traffic control signs, but shall be erected within the highway right of way as long as the spacing requirements of the MUTCD are met.

(e) The location of any other traffic control device shall at all times take precedence over the location of a limited supplemental guide sign.

(2) Before a limited supplemental guide sign may be erected for an activity that is not visible from the interchange ramp, a legal trailblazing sign shall be erected at each location where a turn is required to arrive at the activity site. This may be in the form of TODS, cultural or recreational signing or billboard advertising.

Section 6. Limited Supplemental Guide Sign Eligibility. An activity shall meet the following requirements to qualify for limited supplemental signing. A limited supplemental guide sign shall not be erected until the activity or site has been approved in accordance with this administrative regulation.

(1) Each activity shall be of significant interest to the traveling public with at least one-third (1/3) of the income or one-third (1/3) of the visitors at the activity derived during the normal business season from visitors not residing within twenty (20) miles of the activity.

(2) Each activity shall be open to the general public during regular and reasonable hours, and not by appointment or reservation only.

(3) Each activity shall comply with all applicable local, state, and federal statutes and regulations including those prohibiting discrimination based on race, religion, color, sex, age, disability, or national origin.

(4) Each activity identified on a limited supplemental sign shall provide assurance of its conformance with all applicable federal, state or local laws and regulations and have necessary and proper licenses.

(5) If an activity is in violation of any federal, state, or local laws and regulations, it shall be considered ineligible for participation in this program and its signs removed.

(6) The activity shall be conducted in a building or area that complies with state and local building code requirements for safety.

(7) The activity shall not be conducted in a building principally used as a residence unless there is a convenient, separate, and well-marked entrance. The building or area shall be maintained in a manner consistent with standards generally accepted for that type of business or activity.

(8) Any activity which operates on a seasonal basis shall make provisions with the cabinet for the removal of the activity's sign during the off season. The activity shall, in writing, notify the cabinet at least thirty (30) days before the opening or closing occurs.

(9) The cabinet shall not be responsible for business lost due to signs or limited supplemental panels becoming temporarily out of service.

(10) The display of the activity sign on the limited supplemental structure shall not be considered an endorsement or recommendation by the Commonwealth of Kentucky on behalf of the activity.

Section 7. Review of Eligibility. Subject to KRS 177.077(8), the cabinet may review the status of individual sign eligibility for continuance in the program.

Section 8. Measurements. A measurement taken to determine the qualifications of activities shall be from the juncture of the center line of the highway, measured between the center edges of the main traveled way of the route or routes on which travel is necessary to locate the activity.

Section 9. Incorporation by Reference.

(1) "Limited Supplemental Guide Signs Application", TC 99-200, (1/99 Edition), Transportation Cabinet, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Division of Traffic, First Floor, State Office Building, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 177.076, 177.077, 177.078, 177.079
STATUTORY AUTHORITY: KRS 177.077(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.077(1) requires the Transportation Cabinet to prescribe by administrative regulation standards and procedures for approval of applications for limited supplemental guide signs. This administrative regulation sets forth the application procedure and standards for approval, erection, and maintenance of limited supplemental guide signs.
History: 25 Ky.R. 1765; 2419; 2568; eff. 6-1-1999; 28 Ky.R. 925; 1385; eff. 12-19-2001; Crt eff 3-5-2019; Crt eff. 2-23-2026.

603 KAR 4:055 Scenic highways and byways {#sec-603-kar-4-055 omnilex-key=us-ky-regs-official--title-603--603 KAR 4:055}

Section 1. "Kentucky Scenic Highways and Byways Guidelines and Application" Form TC 52-200 shall govern the Transportation Cabinet's Scenic Highways and Byways Program.

Section 2. Removal of Scenic Highway and Byway Designation.

(1) When the Transportation Cabinet is notified that a road or road segment meets the criteria required to remain in the system, the Transportation Cabinet shall research the claim and make a determination on the removal of the scenic designation.

(2) The Transportation Cabinet shall notify interested individuals of the decision.

(3) Appeal procedures.

(a)

A party aggrieved by the action of the Transportation Cabinet pursuant to the provisions of this administrative regulation within twenty (20) days of the date of the action may file a written appeal with the Transportation Tourism Interagency Committee.
The appeal shall set forth in detail, the nature of the complaint and the grounds for the appeal.

(b) The appeal shall be placed on the agenda for the next Transportation Tourism Interagency Committee (TTIC) meeting. The Transportation Tourism Interagency Committee shall issue a recommendation on the appeal within sixty (60) days to the Secretary of Transportation.

(4) The Secretary of Transportation shall issue a decision on the appeal within ten (10) days.

Section 3. Incorporation by Reference.

(1) "Scenic Highways and Byways Guidelines and Application" TC 52-200, (2/99 Edition), Transportation Cabinet, is incorporated by reference.

(2) It may be inspected, copied, or obtained at Transportation Cabinet, Department of Highways, Division of Transportation Planning, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 177.571, 177.572, 177.573, 177.574, 177.575, 177.576
STATUTORY AUTHORITY: KRS 177.573
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.573 requires the Transportation Cabinet to prescribe by administrative regulation, criteria for scenic highways and byways designation and a process for the nomination, review, designation and removal of a road as a scenic highway and byway.
History: 603 KAR 004:055. 25 Ky.R. 1767; 2420; 2888; eff. 6-1-1999; Crt eff. 11-26-2019; Crt eff. 12-5-2025.

Chapter 5 Traffic

603 KAR 5:025 Fully controlled access highways {#sec-603-kar-5-025 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:025}

Section 1. Definitions.

(1) "Farm equipment" is defined by 601 KAR 1:019.

(2) "Fully controlled access highway" is defined by 601 KAR 1:019.

(3) "Moped" is defined by KRS 186.010(5).

(4) "Motor scooter" means a motor vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three (3) wheels with a motor that is five (5) horsepower or less.

(5) "Pedestrian" is defined by KRS 189.010(8).

Section 2. Unidirectional Nature of Traffic Lanes and Ramps.

(1) On a fully controlled access highway with four (4) or more lanes, a vehicle shall not be operated or moved in a direction that is against the normal flow of traffic on a traffic lane, deceleration lane, acceleration lane, ramp, shoulder, or other traveled way of the highway.

(2) On a two (2) lane, two (2) way fully controlled access highway, a vehicle shall not be operated or moved in a direction that is against the normal flow of traffic on a traffic lane where passing is prohibited by signs or markings, or on a deceleration lane, acceleration lane, ramp, or shoulder.

Section 3. Prohibition of U-turns. The making of a U-turn on a fully controlled access highway shall be prohibited with the exception of maintenance, emergency, and police vehicles.

Section 4. Limitations. The following shall be prohibited within the right-of-way of a fully controlled access highway:

(1) Bicycles or motor scooters;

(2) Vehicles drawn by animals;

(3) Animals led, ridden, or driven on hoof;

(4) Vehicles with improperly secured loads, or loaded with animals not properly confined;

(5) Vehicles with metal treads or caterpillar treads;

(6) Farm equipment that is not being transported on a straight truck or truck trailer combination or a semitrailer;

(7) Construction equipment other than motor trucks, except by special permit;

(8) Mopeds; and

(9) Pedestrians.

History

RELATES TO: KRS 186.010(5), 189.010(8), 189.231, 189.340, 433.750, 433.753
STATUTORY AUTHORITY: KRS 174.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 174.080 authorizes the Secretary of the Transportation Cabinet to promulgate administrative regulations to carry out the requirements of Chapters 175, 176, 177, and 178 relating to highways in the Commonwealth. This administrative regulation establishes requirements and limitations of public use for fully controlled access highways.
History: HIWA-LIM ACC; 1 Ky.R. 152; eff. 12-11-1974; Am. 6 Ky.R. 282; eff. 1-2-1980; 14 Ky.R. 271; eff. 9-10-1987; 17 Ky.R. 1832; eff. 1-6-1991; 44 Ky.R. 1405, 1830; eff. 2-28-2018; Cert eff. 12-12-2024.

603 KAR 5:040 Use of rest areas {#sec-603-kar-5-040 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:040}

Section 1. Time Limit; Restricted Uses.

(1) Except as provided in Section 3 of this administrative regulation, the use of a safety rest area located within the right-of-way of limited access facilities, as defined in KRS 177.220, shall be limited to a maximum of four (4) hours during any twenty-four (24) hour period for the same person or group of persons.

(2) Rest areas shall not be used as a relay station or transfer point for trailers in transit. No cargo trailer or mobile home shall be uncoupled from the power unit in a rest area except in case of fire or explosion.

(3) Safety rest areas shall not be used by any person for the purpose of displaying, selling or offering for sale, any merchandise, wares, produce, services or any other items, except as authorized by section 153 of the Surface Transportation Assistance Act of 1978 (PL 95-599; 23 USC 111 note).

Section 2. Animals shall not be allowed within buildings in such safety rest areas.

Section 3. The Transportation Cabinet may grant permits to exceed the limit in Section 1(1) of this administrative regulation upon application therefore showing that such permission will contribute to the safety of motorists. Persons actually engaged in work on such limited access facility requiring their presence at such safety rest area are excluded from the application of Section 1 of this administrative regulation.

Section 4. The Transportation Cabinet shall erect and maintain appropriate signs to adequately notify the public of the limitations provided for in this administrative regulation.

Section 5. "Safety rest areas" does not include service areas where commercial facilities are provided.

Section 6. Violators of any provision of this administrative regulation are subject to the penalty provided for in KRS 177.990(1).

History

RELATES TO: KRS 177.230
STATUTORY AUTHORITY: KRS 174.080, 177.230
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is considered necessary to preserve the original purpose of safety rest areas and to avoid dangerous traffic and pedestrian congestion within and around the safety rest areas.
History: HIWA-RA-1; 1 Ky.R. 152; eff. 12-11-1974; 5 Ky.R. 928; eff. 7-17-1979; Crt eff. 4-1-2019; Crt eff. 3-20-2026.

603 KAR 5:050 Uniform traffic control devices {#sec-603-kar-5-050 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:050}

Section 1. Definition. "Private road open to public travel" means a private toll road or road, including any adjacent sidewalk that generally runs parallel to the road, within a shopping center, airport, sports arena, or other similar business or recreation facility that:

(1) Is privately owned, but on which the public is allowed to travel without access restrictions; and

(2) Does not include a road within private gated property, except for a gated toll road, in which access is restricted at all times, a parking area, driving aisle within a parking area, or a private grade crossing.

Section 2. Traffic Control Devices. The MUTCD published by the Federal Highway Administration shall be the standard for all traffic control devices installed on any street, highway, bicycle trail, or private road open to public travel in Kentucky.

Section 3. Incorporation by Reference.

(1) "Manual on Uniform Traffic Control Devices for Streets and Highways 11th edition", Federal Highway Administration, December 2023, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Department of Highways, Division of Traffic Operations, 200 Mero Street, Third Floor, in Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be obtained at the cabinet's Web site at www.transportation.ky.gov.

History

RELATES TO: KRS 189.337, 23 C.F.R. 655.601-655.603
STATUTORY AUTHORITY: KRS 189.337(2), 23 C.F.R. 655.601-655.603
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.337(2) requires the Transportation Cabinet, Department of Highways, to promulgate and adopt a manual of standards and specifications for a uniform system of traffic control devices. The Federal Highway Administration in 23 C.F.R. 655.603 recognizes the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) as the national standard for all traffic control devices installed on any street, highway, bicycle trail, or private road open to public travel. This administrative regulation establishes that the MUTCD shall be the uniform system of traffic control devices in Kentucky.
History: HIWA-UTCD-1; 1 Ky.R. 815; eff. 5-14-1975; 5 Ky.R. 814; 6 Ky.R. 53; eff. 7-17-1979; 11 Ky.R. 1159; eff. 3-12-1985; 1660; eff. 6-4-1985; 13 Ky.R. 940; eff. 12-2-1986; 16 Ky.R. 862; 1355; eff. 1-12-1990; 19 Ky.R. 2490; eff. 7-6-1993; 20 Ky.R. 3310; eff. 7-13-1994; 24 Ky.R. 403; eff. 10-7-1997; 28 Ky.R. 927; 1386; eff. 12-19-2001; 32 Ky.R. 736; 1243; eff. 1-18-2006; 38 Ky.R. 1055; 1318; eff. 1-25-2012; 39 Ky.R. 1318; eff. 4-5-2013; Crt eff. 3-5-2019; 51 Ky.R. 785; eff. 2-18-2025.

603 KAR 5:061 Intrastate toll bridges and toll ferries {#sec-603-kar-5-061 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:061}

Section 1. Application for Certificate of Convenience and Necessity.

(1) Any bridge company or ferry company, except any which can prove to the department that it holds a perpetual and irrevocable franchise for such operation, who seeks to operate a toll bridge or toll ferry connected to the state primary road system shall make application at the highway district office of the highway district in which the toll bridge or toll ferry is located for the certificate of convenience and necessity required by KRS 280.020. Application forms are available in all highway district offices and from the Transportation Cabinet, Division of Traffic, Frankfort, Kentucky 40622.

(2) The application form must be completed in its entirety and contain at a minimum, the information required by KRS 280.030.

(3) Upon receipt of the application, the department shall fix a date for hearing the application and shall immediately notify the applicant of the date, time and location of the hearing.

(4) The applicant shall present proof as to the applicant's general ability, experience, organization and equipment. The applicant shall, at the hearing, submit any additional proof that the public convenience and necessity require the applicant's toll bridge or toll ferry operation.

(5) Department representatives may inspect the applicant's equipment prior to the issuance of a certificate of public convenience and necessity.

(6) The department shall issue a decision on any application within thirty (30) days of the hearing.

(7) The applicant may appeal the decision of the department in accordance with KRS 280.110.

Section 2. Annual Report. On forms furnished by the department, every toll bridge and toll ferry company which does not hold a perpetual and irrevocable franchise shall submit an annual report of the previous year's operation on or before March 1 of each year to the chief district engineer of the highway district in which the toll bridge or toll ferry is located. The company president, secretary, treasurer, superintendent or manager shall under oath make and sign a statement on the annual report that the information contained in the annual report is correct. The report shall include the information required in KRS 280.030 and also the following:

(1) The number, by class, of vehicles accommodated during the report year and the toll schedule for each class of vehicle;

(2) For toll ferries, a description of the barges and power units in use during the year;

(3) The schedule of hours of service and trips made; and

(4) Any additional relevant information required by the department.

Section 3. Toll Rates.

(1) No change in toll rates charged may be made by a toll bridge or toll ferry company including one which holds a perpetual and irrevocable franchise without the approval of the department.

(2) To request a change in toll rates, the company must apply, in writing, to the department's chief district engineer of the highway district in which the toll bridge or toll ferry is located. The request shall include the reasons for the requested change and the toll bridge or toll ferry company shall make available to the department's chief district engineer all financial reports of the company.

(3) The company shall give notice to the public of the filing of the rate change request by publication of the proposed rate schedule and information for filing a formal protest of the proposed rate change with the department in accordance with the requirements of KRS Chapter 424.

(4) If a formal protest is filed within two (2) weeks of the final publication of the notice or the department has reservations about the proposed rate increase, the department's chief district engineer shall fix a date between thirty (30) and forty-five (45) days of final publication of the notice for hearing the application for a toll rate change.

(5) The department shall give notice of the hearing by means of publication of a notice in accordance with the requirements of KRS Chapter 424.

(6) The department shall issue a decision on any request for a toll rate change within thirty (30) days of the hearing or within thirty (30) days of final publication of the notice.

(7) The company may appeal the decision of the department in accordance with KRS 280.110.

Section 4. Operation of a Toll Ferry or Toll Bridge.

(1) A copy of the irrevocable franchise or the certificate of public convenience and necessity shall be posted on all ferry boats and in the toll booths of all bridges affected by this administrative regulation.

(2) A toll bridge or toll ferry company holding a certificate of public convenience and necessity shall not operate over any bridge or stream other than those specified in the certificate.

(3) Hours of operation, toll rates, services to be performed, and the safety of operation as set forth by the department in the certificate of public convenience and necessity shall be strictly complied with by all certificate holders. The hours of operation shall be posted on the ferry dock or apron and at both ends of a toll bridge.

(4) If a toll bridge or toll ferry company including one holding a perpetual and irrevocable franchise is found, during an inspection, to be in noncompliance with any administrative regulation, statute or order, it shall have ten (10) days, following the inspection to correct the noncompliance. If at the end of the ten (10) days the company is still in noncompliance the department shall fix a hearing date on the noncompliance. The hearing date will be upon ten (10) days written notice to the toll bridge or toll ferry company.

(5) The department's determination shall be issued within thirty (30) days of the hearing.

Section 5. Safety Devices.

(1) Safety devices as required by KRS 280.120 and 280.130 shall be provided and properly maintained by each toll ferry company. In addition, the department may require any toll bridge or toll ferry company including any holding a perpetual and irrevocable franchise to place and maintain other traffic control devices such as, but not limited to, signs, signals, lighting, pavement markings, and barricades that may be necessary for the safety of the motoring public. All such devices required shall conform to the specifications set forth in 603 KAR 5:050.

(2) Each toll ferry company shall provide and maintain in reasonable condition the number of life preservers or floats, fire extinguishers, axes, and yawls or life boats as required by the U.S. Coast Guard in their regulations governing the operation of ferries.

Section 6. The administrative regulation of the department as herein outlined is intended to supplement the specific requirements contained in KRS Chapter 280 and regulations of appropriate agencies of the federal government. In all cases where the department's administrative regulations conflict with the regulations of such agencies, or where the regulations of other governing agencies are more stringent than those of the department, the regulations of the other agency shall prevail.

History

RELATES TO: KRS 280.010-280.130
STATUTORY AUTHORITY: KRS 280.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 280.080 requires the Department of Highways to make such administrative regulations for the control of toll bridges or toll ferries, as defined in KRS 280.010, as the department deems necessary.
History: 11 Ky.R. 1223; 1369; eff. 3-12-1985; 14 Ky.R. 55; eff. 8-5-1987; Crt eff. 3-11-2019; Crt eff. 2-23-2026.

603 KAR 5:066 Weight (mass) limits for trucks {#sec-603-kar-5-066 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:066}

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).

(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 shall be a single unit truck consisting of two (2) single axles.

(b) Type 2 shall be a single unit truck consisting of one (1) steering axle and two (2) axles in tandem arrangement.

(d) Type 4 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 that are a part of the Interstate System shall be as follows:

(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 that 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 that 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 that 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 that is a part of the Interstate System.

Section 4. "AA" Highways. The maximum weight (mass) for trucks using Class "AA" highways shall be as follows:

(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).

(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 that 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 follows:

(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 that 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:

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 that 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 that 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.

History

RELATES TO: KRS 189.222, 23 C.F.R. 658
STATUTORY AUTHORITY: KRS 174.080, 189.222, 23 C.F.R. 658
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.222(1) authorizes the Secretary of Transportation to establish reasonable weight (mass) limits for trucks using the state maintained highway system. This administrative regulation prescribes the maximum weight (mass) limits for each classification of roads in accordance with state and federal laws. These weights may only be exceeded if an overweight permit has been issued for the operation of a motor vehicle by the Transportation Cabinet.
History: 2 Ky.R. 312; 3 Ky.R. 3; eff. 7-7-1976; 7 Ky.R. 915; eff. 7-1-1981; 14 Ky.R. 272; eff. 9-10-1987; 2061; eff. 7-1-1988; 17 Ky.R. 2835; eff. 6-4-1991; 18 Ky.R. 2370; eff. 3-7-1992; 23 Ky.R. 183; eff. 9-3-1996; 30 Ky.R. 1359; 2151; eff. 4-12-2004; Crt eff. 11-26-2019; 51 Ky.R. 787, 1285; eff. 2-18-2025.

603 KAR 5:070 Motor vehicle dimension limits {#sec-603-kar-5-070 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:070}

Section 1. Definitions.

(1) "Enforcement tolerance" means an amount, usually expressed as a percentage of the total length, width, or weight measurement allowed in excess of the maximum to account for the differences in measuring equipment or techniques.

(2) "Length exclusion safety device" means an appurtenance:

(a) That is located at the front or rear of a motor vehicle semitrailer or trailer;

(b) With a function related to the safe and efficient operation of a motor vehicle semitrailer or trailer; and

(3) "National Truck Network" means a network of highways on which motor vehicles with increased dimensions could operate pursuant to the Surface Transportation Assistance Act of 1982, 23 U.S.C.

(4) "Stinger-steered" means an automobile or boat transporter configured as a semitrailer combination in which the fifth wheel is located on a drop frame behind and below the rear-most axle of the power unit.

(5) "Towaway trailer transporter combination" means the combination of a trailer transporter towing unit and two (2) trailers or semitrailers, with a total weight that does not exceed 26,000 pounds and does not carry the property or constitute the inventory property of the manufacturer, distributor, or dealer of the trailers or semitrailers.

(6) "Trailer transporter towing unit" means a power unit that is not used to carry property if operating in a towaway trailer transporter combination.

(7) "Width exclusion safety device" means an addition or appurtenance located at the side of a motor vehicle, semitrailer, or trailer with a function related to the safe and efficient operation of the vehicle and not designated, designed, or used for carrying cargo.

Section 2. Width Exclusion Safety Devices.

(1) Items designated as width exclusion safety devices shall include:

(a) Rearview mirrors;

(b) Turn signal lamps;

(d) Splash and spray suppressant devices; and

(e) Load-induced tire bulges.

(2) The following items shall be designated as width exclusion safety devices if they do not extend beyond three (3) inches (0.0762 meter) on either side of the vehicle:

(a) Corner caps;

(b) Rear or side door hinges and their protective hardware;

(d) Side marker lamps;

(e) Lift pads for a piggyback trailer;

(f) Hazardous materials placards;

(g) Tarp and tarp hardware;

(h) A tie-down assembly on a platform trailer;

(i) Wall variation from true flat; and

(j) Weevil pins or sockets on a low bed trailer.

Section 3. Dimensions of Vehicles.

(1) The maximum dimensions for a motor vehicle or combination motor vehicle shall be:

(a) A height, including body and load, not to exceed thirteen (13) feet and six (6) inches (4.115 meters);

(b) A width, including body and load, not to exceed eight (8) feet (2.44 meters), excluding a width exclusion safety device;

(c) Except as established in subsection (2) of this section, a length not exceeding forty-five (45) feet (13.716 meters) of a single unit motor vehicle, including a part of the body or load, but excluding a length exclusion safety device; and

(d) Except as established in subsection (2) of this section, a length not exceeding sixty-five (65) feet (19.812 meters) of a motor vehicle and trailer or semitrailer combination, including a part of the body or load, and excluding a length exclusion safety device.

(2) The exceptions established in paragraphs (a) through (d) of this subsection shall be made to the lengths established in (1)(c) and (d) of this section.

(a) A truck trailer or semitrailer unit that is configured as a motor vehicle or boat transporter shall not have a load overhang of more than three (3) feet (0.915 meters) on the front and four (4) feet (1.22 meters) on the rear, if hauling only motor vehicles or boats. The overhangs shall not be included in the sixty-five (65) feet (19.812 meters) length limit established in (1)(d) of this section.

(b) A truck tractor or semitrailer unit that is configured as a stinger-steered motor vehicle or boat transporter shall not have a load overhang of more than four (4) feet (1.22 meters) on the front and six (6) feet (1.83 meters) on the rear, if hauling only motor vehicles or boats. The overhangs shall not be included in the measurement of the eighty (80) feet (24.384 meters) overall length limit.

(c) A single unit motor vehicle transporting utility poles or pipes shall not exceed forty-five (45) feet (13.716 meters).

(d) A towaway trailer transporter combination shall not exceed eighty-two (82) feet (24.994 meters).

Section 4. Exceptions to Permit Requirement.

(1) With the exception of buses, a motor vehicle or a combination motor vehicle with dimensions greater than those established in Section 3 of this administrative regulation may be operated without an overweight or overdimensional permit on the following highways:

(a) The National Truck Network;

(b) The fifteen (15) mile (24.14 kilometers) access established in KRS 189.222(1)(f);

(d) The one (1) mile (1.61 kilometers) access established in Section 5(3) of this administrative regulation.

(2) If operating on the National Truck Network, a motor vehicle, combination motor vehicle, or towed unit, including a part of the body and load and excluding a length or width exclusion safety device, shall require an overdimensional permit if the width and length dimensions exceed:

(a) A width of 102 inches (2.59 meters);

(b) A towed unit length of fifty-three (53) feet (16.154 meters) if operated in a single semitrailer combination; or

(c) Twenty-eight (28) feet (8.53 meters) if operated in a tractor-semitrailer-trailer combination or a tractor-semitrailer-semitrailer combination not exceeding two (2) towed units per combination.

(3) In a tractor-semitrailer combination vehicle if the two (2) trailing units are connected with a rigid frame extension attached to the rear frame of the first semitrailer allowing for a fifth wheel connection point for the second semitrailer, the length of the extension shall be excluded from the measurement of semitrailer length.

(4) If a second semitrailer is not mounted to the fifth wheel of the rear frame of a semitrailer, the length of the extension shall be included in the length measurement of the semitrailer.

(5) The gross vehicle weight limit for a motor vehicle with the dimensions established in this subsection, and operating on a highway included in the National Truck Network, shall be 80,000 pounds (36,287.36 kilograms).

(6) The dimensions and weights established in this section shall not be subject to an enforcement tolerance.

Section 5. Increased Dimensions.

(1) Motor vehicles with increased dimensions that do not exceed the limitations established in Section 4 of this administrative regulation may travel the highways included in the National Truck Network.

(2) A motor vehicle with an increased dimension pursuant to Section 4 of this administrative regulation may travel up to five (5) driving miles (8.05 kilometers) on a state-maintained highway from a highway segment established as part of the National Truck Network, and up to fifteen (15) miles (24.14 kilometers) from an interstate or parkway exit, to attain reasonable access to a terminal or facility for food, fuel, repairs, or rest.

(3) A motor vehicle with an increased dimension pursuant to Section 4 of this administrative regulation may travel up to one (1) driving mile (1.61 kilometers) on a nonstate maintained, public-owned and public use highway from a National Truck Network highway to attain reasonable access to a terminal or facility for food, fuel, repair, or rest.

Section 6.

(1) Household Goods Transporters. A motor vehicle with an increased dimension as established in Section 4 of this administrative regulation that is certified by either the Federal Motor Carrier Safety Administration or the Kentucky Transportation Cabinet to transport household goods shall have access to any public roadway in the Commonwealth of Kentucky.

(2) Single unit semitrailers. A truck tractor and single semitrailer that do not exceed twenty-eight (28) feet excluding a length exclusion safety device shall have access to any public roadway in the Commonwealth of Kentucky.

Section 7. Nonstate Maintained Exceptions.

(1) The city of Anchorage in Jefferson County, Kentucky has adopted ordinances that exempt due to safety reasons certain locally maintained roadways from the automatic one (1) mile (1.61 kilometers) access provision of Section 5(3) of this administrative regulation.

(2) The following streets located within the corporate city limits of Anchorage and listed in the city ordinance shall not be used by a motor vehicle with an increased dimension as established in Section 4 of this administrative regulation:

(a) Evergreen Road;

(b) Bellewood Road;

(d) Old Harrods Creek Road.

Section 8. State Maintained Exceptions.

(1) Based on safety concerns to the travelling public, specific road segments shall be exempt from the five (5) mile (8.05 kilometers) and fifteen (15) mile (24.14 kilometers) automatic access on a state maintained highway.

(2) The following road segments shall not be used by a vehicle with increased dimensions pursuant to Section 4 of this administrative regulation:

(a) Kentucky Highway 146 from the west boundary of the city of Anchorage in Jefferson County, beginning at the junction with Old Harrods Creek Road at milepoint 4.198 to the east boundary of the city of Anchorage at milepoint 5.784;

(b) Kentucky Highway 418 from milepoint 2.864 at the intersection with the Blue Sky Parkway, just southeast of the I-75 interchange in Fayette County, to milepoint 6.089 at the Fayette and Clark County line;

(c) Kentucky Highway 1973 in Fayette County from milepoint 0.000 at the intersection with U.S. 25 to milepoint 1.866 at its intersection with Kentucky 418; and

(d) U.S. 119 from its junction with Kentucky Highway 932 (Mile point 8.837) northeast of Oven Fork, to Kentucky Highway 15 (Milepoint 15.772) in Whitesburg, Letcher County, Kentucky.

(3) The list of state maintained and non state maintained exempted road segments established in subsection (2) of this section may be located on the cabinet's Web site at https://transportation.ky.gov/planning/pages/national-truck-network.aspx, or at the Transportation Cabinet, Division of Planning, 200 Mero Street, Frankfort, Kentucky 40622.

History

RELATES TO: KRS 186.655, 189.222, 23 C.F.R. Part 658, 23 U.S.C., 49 U.S.C. 31111, Pub. L. 114-94
STATUTORY AUTHORITY: KRS 189.222, 23 C.F.R. Part 658
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.222(11) authorizes the Transportation Cabinet to promulgate administrative regulations implementing the provisions of 23 C.F.R. Part 658 relating to the length, width, and weight limitations of motor vehicles travelling on the Commonwealth's state primary road system. This administrative regulation establishes the dimensions and the dimension combinations for motor vehicles travelling on all classes of highways in Kentucky. This administrative regulation also establishes the regulatory provisions relating to The Fixing America's Surface Transportation Act, or the FAST Act, Pub. L. 114-94.
History: 603 KAR 005:070. 1 Ky.R. 817; eff. 5-14-1975; 2 Ky.R. 193; eff. 12-10-1975; 8 Ky.R. 12; eff. 8-5-1981; 782; eff. 3-1-1982; 10 Ky.R. 828; eff. 1-4-1984; 12 Ky.R. 231; eff. 9-10-1985; 14 Ky.R. 2202; eff. 8-5-1988; 15 Ky.R. 549; 963; eff. 10-4-1988; 2119; eff. 5-2-1989; 16 Ky.R. 863; 1376; eff. 2-3-1990; 17 Ky.R. 1834; eff. 2-7-1991; 18 Ky.R. 460; 1008; 1335; eff. 10-1-1991; 2372; eff. 3-7-1992; 19 Ky.R. 231; 891; eff. 10-8-1992; 2309; 2644; eff. 5-26-1993; 22 Ky.R. 620; 1077; eff. 11-1-1995; 24 Ky.R. 1390; 1671; eff. 1-22-1998; 28 Ky.R. 929; 1387; eff. 12-19-2001; 30 Ky.R. 1362; 2153; eff. 4-12-2004; 45 Ky.R. 1405, 2089; eff. 2-1-2019; Crt eff. 3-18-2019; Crt eff. 2-23-2026.

603 KAR 5:071 Bus dimension limits {#sec-603-kar-5-071 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:071}

Section 1. Except as provided in Sections 2 and 3 of this administrative regulation the maximum dimensions for buses having a seating capacity of ten (10) or more, including the driver, operated on any state maintained highway shall be as set forth in KRS 189.265.

Section 2. Buses which do not exceed a width of 102 inches (2.5925 meters), exclusive of any required safety equipment and tire bulge due to load, may be operated on those highways designated for the operation of motor vehicle with increased dimensions by Section 5 of 603 KAR 5:070.

Section 3. Buses which are allowed the increased width under the authority of Section 2 of this administrative regulation shall be allowed to operate within five (5) driving miles (8.05 kilometers) on state maintained highways from the designated routes for the purpose of attaining reasonable access to terminals; facilities for food, lodging, and rest; facilities for fuel and repairs; and points of loading and unloading of passengers and freight.

Section 4. Buses which are allowed the increased width under the authority of Section 2 of this administrative regulation shall be allowed to operate within one (1) driving mile (1.61 kilometers) on locally maintained highways from the designated routes for the purpose of attaining reasonable access to terminals; facilities for food, lodging, and rest; facilities for fuel and repairs; and points of loading and unloading of passengers and freight.

History

RELATES TO: KRS 189.221, 189.222, 189.265, 281.735, 23 C.F.R. Part 658
STATUTORY AUTHORITY: KRS 189.221, 189.222, 189.265, 281.735, 23 C.F.R. Part 658
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.222 authorizes the Secretary of Transportation to increase the dimension limits prescribed in KRS 189.221 for vehicles operated on designated state maintained highways or portions thereof up to specified limits if the increase is justified by the safety of the designated highways. KRS 189.222(6)(b) authorizes the Secretary of Transportation to increase the width limit for vehicles on the Federal Aid Highway System and the State Parkway System when authorized by federal law or laws or regulations up to a specified limit. KRS 189.265 establishes length and width limits for buses and authorizes the Secretary of Transportation to increase the width limits of motor buses, except for those operated by transit authorities created pursuant to KRS Chapter 96A, on state maintained highways if the increase is justified by the width of the designated highways. KRS 281.735(3) establishes a width limit for city and suburban buses and authorizes the Secretary of Transportation to increase the width limit on state maintained highways for all other buses only as provided by law. Federal regulation 23 CFR Part 658 requires the establishment of a system of roads both state maintained and locally maintained over which motor vehicles with increased dimensions are allowed to operate. This administrative regulation is adopted to set the maximum dimension limits for buses.
History: 603 KAR 005:071. 13 Ky.R. 1011; eff. 12-2-1986; 17 Ky.R. 1838; 2442; eff. 2-7-1991; 18 Ky.R. 464; eff. 10-1-1991; 22 Ky.R. 624; eff. 11-1-1995; Crt eff. 11-26-2019; Crt eff. 12-5-2025.

603 KAR 5:072 Mandatory annual bus inspection {#sec-603-kar-5-072 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:072}

Section 1. Definition. "Bus" shall mean all motor vehicles that are required to be registered under the terms of KRS 186.050 or 186.060, designed and used for carrying passengers and having provisions for more than nine (9) passengers including the driver. "Bus" shall not include motor vehicles operated by any common school system, motor vehicles operated under a city bus certificate required by KRS Chapter 281 when operating within the corporate limits of a city, and regular route bus operators operating under a certificate required by KRS Chapter 281.

Section 2. Annual Inspections.

(1) All buses be inspected annually by Transportation Cabinet, Department of Vehicle Regulation personnel for compliance with the minimum vehicle safety equipment standards established under Federal Motor Carrier Safety Regulations adopted by the United States Department of Transportation as 49 Code of Federal Regulations, Part 393, and adopted by Kentucky Administrative Regulation 601 KAR 1:005.

(2) The annual inspection shall be performed by the Division of Motor Vehicle Enforcement. The inspection may take place at any of Kentucky's weigh stations or arrangements may be made by contacting the Division of Motor Vehicle Enforcement at (502) 564-3276.

Section 3. Proof of Inspection.

(1) When a bus passes an inspection, the Transportation Cabinet shall issue to the bus owner a decal and a document showing that the bus has passed.

(2) The decal shall be affixed to the lower right-hand corner of the front windshield of the bus.

(3) The document showing the bus has passed inspection shall be carried in the bus at all times.

(4) Any law enforcement officer can require the operator of a bus to produce the current document showing the bus has passed inspection.

Section 4. Out-of-service Sticker.

(1) If a bus is determined to be out of compliance with the minimum safety requirements, employees of the Transportation Cabinet may affix to it an out-of-service sticker pursuant to the provisions of 601 KAR 1:005.

(2) Correction of the noncompliance item shall be required before the bus is further operated.

Section 5. Exceptions.

(1) Buses subject to the annual mandatory Motor Carrier Safety Inspection Program set forth in 601 KAR 1:005, Section 2(9) shall be exempt from the requirements of this administrative regulation.

(2) Buses subject to any of the provisions of 601 KAR 1:005 shall continue to be governed by that administrative regulation.

History

RELATES TO: KRS 189.231, Chapter 281
STATUTORY AUTHORITY: KRS 189.231, 281.600
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.231 authorizes the Secretary of Transportation to restrict or regulate traffic on state-maintained highways in such manner as is reasonably necessary to promote the safety and convenience of the traveling public. KRS 281.600 authorizes the Department of Vehicle Regulation to promulgate administrative regulations regarding safety requirements for and method of operation of motor vehicles. This administrative regulation sets forth the requirement that buses undergo a safety inspection at least once each year. It further provides notice that the annual safety inspection of buses subject to 601 KAR 1:005 shall be performed pursuant to that administrative regulation rather than this one.
History: 15 Ky.R. 101; 806; eff. 9-2-1988; 1915; eff. 3-7-1989; 22 Ky.R. 348; eff. 10-3-1995; Crt eff. 3-18-2019; Crt eff. 2-23-2026.

603 KAR 5:077 Motor vehicles prohibited on Louisville Hill, Frankfort {#sec-603-kar-5-077 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:077}

Section 1. Definitions.

(1) "Flammable material" means liquid or gaseous petroleum products.

(2) "Hazardous material" means a substance or material defined as or meeting the criteria of a hazardous material by KRS Chapter 174 or 601 KAR 1:025.

(3) "Motor vehicle combination" means a motor vehicle of any type or size operated in combination with any trailer or towed load.

Section 2. Prohibited Vehicles. The following vehicles shall be prohibited from operating eastbound on US 60 between Leawood Drive and KY 1211 (Taylor Avenue) within the city of Frankfort:

(1) Any motor vehicle with more than two (2) axles;

(2) Any motor vehicle having a licensed gross weight or total gross weight in excess of 18,000 pounds;

(3) Any motor vehicle combination;

(4) Any motor vehicle transporting flammable or hazardous material; and

(5) Any motor vehicle upon which wrecker cranes or other equipment suitable for wrecker service have been mounted while that motor vehicle has a vehicle in tow.

Section 3. Exceptions. Exceptions to the prohibition set forth in Section 2 of this administrative regulation shall be the following:

(1) Emergency vehicles responding to emergencies;

(2) Utility company vehicles responding to emergencies; and

(3) Highway maintenance or construction equipment operating in response to emergency road conditions or performing maintenance, construction, or reconstruction operations on Lafayette Drive or the section of US 60 normally prohibited to those vehicles.

History

RELATES TO: KRS 189.231
STATUTORY AUTHORITY: KRS 189.231
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.231 authorizes the Secretary of Transportation to restrict or regulate traffic on state-maintained highways in a manner as is reasonably necessary to promote the safety and convenience of the traveling public. The purpose of this administrative regulation is to promote the public safety by restricting and regulating the use of a portion of a state-maintained highway by certain types of motor vehicles and by motor vehicles hauling hazardous materials.
History: 7 Ky.R. 521; eff. 1-6-1981; 16 Ky.R. 1247; eff. 2-3-1990; Crt eff. 3-5-2019; Crt eff. 2-23-2026.

603 KAR 5:115 Coal-haul highway system; reporting requirements {#sec-603-kar-5-115 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:115}

Section 1. Definitions.

(1) "Coal by-product" means:

(a) Bottom ash;

(b) Burned coal waste known as red dog;

(d) Coal slag;

(e) Fly ash;

(f) Scrubber sludge; or

(g) Wet bottom boiler slag.

(2) "First interval" means January 1 through June 30.

(3) "Interval" means a semiannual reporting period.

(4) "Owner" means an individual, partnership, joint venture, association or corporation that owns the coal at the time of transport.

(5) "Second interval" means July 1 through December 31.

Section 2. Reporting Requirements.

(1) An owner shall file with the cabinet form TC 59-100, "Coal Shipment Route and Tonnage Report", within thirty (30) days after the interval in which coal is shipped over a:

(a) Road; or

(b) Rural and secondary road.

(2) A form TC 59-100 shall be filed for the shipment of coal to or from the following:

(a) Mine mouth or pit;

(b) Processing plant;

(d) Loading dock; or

(e) Customer.

(3) Form TC 59-100 shall be completed by providing the following information about the coal being reported:

(a) Origin;

(b) Destination;

(d) Specific route used for transportation of the coal with approximate mileage.

(4) Form TC 59-100 shall be mailed semiannually in December and June by the Division of Planning, Transportation Cabinet to various entities involved with mining, processing, transporting, or brokering coal.

(5) Nonreceipt of Form TC 59-100 shall not excuse the failure to submit the required information.

Section 3. Reporting Responsibility.

(1) It shall be the exclusive responsibility of an owner of coal transported over a road or rural and secondary road to ensure that the coal transportation is reported accurately to the Transportation Cabinet. The reporting may be done by the:

(a) Owner;

(b) Owner's agent;

(d) Processor; or

(e) Shipper.

(2)

(a) An owner who doesn't ship coal during an interval shall inform the cabinet of that fact on or before the due date for that interval's report.

(b) An owner who does not have an active coal severance tax number or is not engaged in the transportation of coal, may notify the cabinet of the nature of his operation and have his name temporarily or permanently removed from the cabinet's mailing list.

Section 4. Reconciliation of Data.

(1) Prior to finalizing the report, the Division of Transportation Planning may:

(a) Delete duplicate information;

(b) Reconcile an ambiguity;

(d) Consider a prior year report; and

(e) Consider other relevant information concerning a coal transportation route.

(2) The entity reporting the data shall not report a correction to the reported data after it has been compiled and submitted to the Department of Local Government as required by KRS 42.455.

(3) If the Transportation Cabinet misinterprets data submitted pursuant to Section 3 of this administrative regulation, causing the Department of Local Government to make an erroneous calculation in the distribution of the coal severance tax, the cabinet shall notify the Department of Local Government of the necessary change.

Section 5. Reporting of Coal By-products.

(1) Coal by-product transportation information may be reported to the Transportation Cabinet in the same manner as coal transportation information and on the same form designated and furnished by the cabinet.

(2) Coal by-product information shall be reported separately from the information required on coal transportation. Across the top of the TC 59-100 Form the person reporting the shipment of coal by-product shall clearly type or mark in all capital letters "MATERIAL SHIPPED IS COAL BY-PRODUCT, NOT COAL."

Section 6. Extended Weight Coal and Coal By-products Haul System.

(1) The data collected and compiled from Form TC 59-100 shall be the basis for the Transportation Cabinet's designating the road segments included in the Extended Weight Coal or Coal By-products Haul System in 603 KAR 5:230.

(2) Failure of an owner to submit the required data relative to the transportation of either coal or a coal by-product may result in the omission of a road segment from inclusion in 603 KAR 5:230.

Section 7. Material Incorporated by Reference.

(1) Transportation Cabinet Form TC 59-100, "Coal Shipment Route and Tonnage Report" as effective July 1996, is incorporated by reference in this administrative regulation.

(2) Copies of the material incorporated by reference may be viewed, copied, or obtained from the Transportation Cabinet, Division of Planning, Transportation Cabinet Building, 200 Mero Street, Frankfort Kentucky 40622. The office hours are 8 a.m. to 4:30 p.m. local prevailing time on weekdays. The telephone number is (502) 564-7183.

History

RELATES TO: KRS 42.455(8), 177.977, 177.9771
STATUTORY AUTHORITY: KRS 42.455(8), 174.080(2), 177.977(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 174.080(2) and 177.977(2) authorize the Transportation Cabinet to promulgate administrative regulations regarding the designation of the official coal-haul highway system. Reporting by shippers or owners of coal or coal by-products is necessary for the annual preparation and publication of the report of the coal-haul highway system. This administrative regulation designates the procedures and intervals by which information shall be reported to the cabinet by a shipper or owner.
History: 8 Ky.R. 952; eff. 4-7-1982; 13 Ky.R. 1257; eff. 2-10-1987; 15 Ky.R. 551; 1092; eff. 11-1-1988; 22 Ky.R. 789; eff. 1-8-1996; 23 Ky.R. 2266; 2985; eff. 2-10-1997; TAm eff. 6-4-2009; Crt eff. 3-11-2019; Crt eff. 2-23-2026.

603 KAR 5:120 Access control of highways {#sec-603-kar-5-120 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:120}

Section 1. Definitions.

(1) "Access by permit" means all highways designated as access by permit on the department's plans.

(2) "Access control" means the condition where the privilege to access a highway by abutting owners, occupants, or other persons is controlled by public authority. Types of access control include access by permit, fully-controlled access, and partially-controlled access.

(3) "Commissioner" means the Commissioner of Highways.

(4) "Department" is defined by KRS 176.010(1).

(5) "Department's plans" means the department's current plans which are based upon plans made at the time of contract letting together with any subsequent changes in access control made in conformance with applicable laws and administrative regulations.

(6) "Fully-controlled access" means all highways which give preference to through traffic and which shall have access only at selected public roads or streets and which shall have no highway at grade crossings or intersections. The termini for control of access shall be as shown on the department's plans.

(7) "Partially-controlled access" means all highways which give preference to through traffic. However, access to selected public roads and streets may be provided and there may be some highway at grade intersections and private driveway connections as shown on the department's plans. The termini for control of access shall be as shown on the department's plans.

(8) "Railroad access" means an approved access point to a highway which is used for railroad maintenance purposes only and which is specifically shown on the department's plans.

(9) "Rural" means all areas other than urban.

(10) "Urban" means areas of residential, commercial or industrial developments of sufficient concentration that they constitute or are characteristic of a city which necessitates, for safety reasons, reduced highway speed limits to forty-five (45) MPH or less, excluding speed limits on interstate systems.

Section 2. Title Block. One (1) of the three (3) boxes shown below shall be placed on the title sheet and summary sheet of the plans for all state and federal-aid projects. Applicable notes may be inserted in the box.

Section 3. Access: Additions and Alterations.

(1) On all highways where access control is by permit, the department has established criteria for modifying existing access or allowing additional access points that considers the safety and the interest of the highway users. Permits may be issued by the department for additional access provided they are in conformance with the department criteria in 603 KAR 5:150.

(2) On all highways where access is "fully controlled," additional accesses shall be granted only by constructing new interchanges, with grade separations where applicable. Design of these new interchanges shall be in conformance with the department's current design standards.

(3) On all highways where access is "partially controlled," the department may permit relocation or shifting of existing access points, addition of new access points, elimination of existing access points, or modification of access points under the following circumstances:

(a) An access point may be relocated, eliminated or shifted by the Transportation Cabinet. The access shall remain on the same side of the highway, cannot go beyond another existing entrance and shall meet minimum spacing as established by KRS 177.315 and shall be an improvement based on standard engineering practices and safety criteria. The offset distance between access points located on opposite sides of the highway shall not be less than the minimum spacing distance established in KRS 177.315.

(b) Additional access points may be permitted provided the criteria established by KRS 177.315 are followed and a permit request is processed as set forth in Section 4 of this administrative regulation in accordance with the procedures set forth in Section 5 of this administrative regulation. The offset distance between access points located on opposite sides of the highway shall not be less than the minimum spacing distance established in KRS 177.315.

(4) When a previous decision specifying access control is no longer necessary, as determined by the department, the department may change the access control designation to the extent justified in accordance with procedures outlined in Section 5 of this administrative regulation.

(5) If the railroad tracks which justify railroad access to a highway are no longer usable or the property on which the tracks lie has been sold for nonrail purposes, railroad access shall no longer be allowed at that point. In such instances the department shall not be required to alter its plans. If the property owner wishes to apply for access, he may do so in accordance with the provisions of this administrative regulation and 603 KAR 5:150.

Section 4. Processing Requests for Changes in Access by Permit Applicants.

(1) Any firm, individual or governmental agency which owns property adjacent to a state-maintained highway may apply for a permit from the Department of Highways for access to that highway. Application shall be made on Transportation Cabinet Form TC 99-1, Encroachment Permit revised 3/99.

(2) All permit applications involving access shall be filed with the department's district office for the county in which the requested access point is located.

(3) Permit applications affecting highways where access control is by permit may be approved or disapproved at the district level or submitted to higher authority in accordance with procedures established in 603 KAR 5:150. Permit applications affecting highways where access is fully or partially controlled may be disapproved at the district level, or submitted to the State Highway Engineer with or without a recommendation for approval. If the district office disapproves an application for permit, the applicant shall be notified in writing of the reasons for disapproval.

(4) The State Highway Engineer shall review the application for a permit for access to a fully or partially controlled highway and obtain the recommendations of the Directors of the Divisions of Maintenance, Traffic, Construction, Right-of-way and Design of the department in addition to the Federal Highway Administration and Turnpike Engineer Consultant when applicable. The State Highway Engineer shall submit his recommendation, together with the various recommendations received by him, to the commissioner.

(5) Except as provided in Section 3(3)(a) of this administrative regulation, when the State Highway Engineer recommends approval of a permit request where access control is full or partial, the commissioner shall provide an opportunity for a public hearing to be held in accordance with 600 KAR 1:030. After reviewing the results of the hearing, the Commissioner of Highways shall make the final decision and advise the State Highway Engineer to implement the decision. The department shall then notify the applicant of the final decision on the application.

(6) When approval is given, the department may require the applicant to furnish documentation contained in 603 KAR 5:150 prior to issuing a permit for the construction of the additional access. Also, prior to issuance of the permit, the owner of the property shall compensate the Department of Highways for any increase in value to the affected property attributable to the new access based on before and after value appraisals by the Department of Highways. The property owner shall also reimburse the department for administrative expenses incurred in processing the permit, reviews, hearing and appraisals. The cost of construction and maintenance of the new access shall be borne by the property owner(s).

Section 5. Procedures for Changing the Type of Access Control on an Existing Highway Facility.

(1) All requests for changing the type of access control on an existing roadway shall be forwarded to the State Highway Engineer.

(2) Access restrictions may be reduced to a level capable of meeting traffic control needs when no significant detriment to highway safety will occur under the following circumstances:

(a) The existing roadway has been replaced by a parallel route which takes traffic away from the existing roadway and the function of the highway has been officially reduced; for example, arterial to collector; or

(b) An analysis of the original traffic projections are made and it is determined that the entire corridor has been constructed and potential land use developments have been accomplished.

(3) More restrictive control of access may be established when necessary to meet highway safety requirements and traffic control needs.

(4) The State Highway Engineer shall review the request and obtain the recommendations of the Directors of the Divisions of Maintenance, Traffic, Construction, Right-of-Way and Design of the department in addition to the Federal Highway Administration and Turnpike Engineer Consultant when applicable. The State Highway Engineer shall submit his recommendation, together with the various recommendations received by him, to the commissioner who in accordance with 600 KAR 1:030 shall provide an opportunity for a public hearing to be conducted. After reviewing the results of the hearing, the commissioner shall make the final decision and advise the State Highway Engineer to implement the decision.

(5) The department shall modify the plans and deeds when applicable.

(6) In situations where more restrictive access control is imposed, the department shall provide reasonable access or shall compensate the property owner(s) for loss of reasonable access.

(7) The Commissioner of Highways may make any exceptions to the procedures set forth in this section as are deemed necessary in order to comply with all applicable federal laws and regulations.

Section 6. Revised Deed. Every deed of conveyance of property acquired by the department for purposes of right-of-way for any state or federal project shall, in addition to the official order number, show the designation of the type of access highway involved as defined in Section 1 of this administrative regulation. If new access is allowed, the deed of conveyance shall be modified by filing a deed of correction at the expense of the property owner who applied for the permit if deemed necessary by the department.

Section 7. Record Availability. The department shall maintain records for public inspection at its office in Frankfort, Kentucky, of all completed state and federal projects, together with the designation of the type of access to be allowed on the project as defined in Section 1 of this administrative regulation.

Section 8. Request for Reconsideration. Any firm, individual or governmental agency who has had an application for permit disapproved at the district office may file a request for reconsideration of the decision by the State Highway Engineer. The request shall be submitted to the highway district office. The request shall include a copy of the disapproved application, the letter of disapproval from the district office and a listing of the reasons why the applicant believes the district office's decision should be reconsidered. The district office shall then forward the request to the central office. The State Highway Engineer shall issued the department's final approval or disapproval.

Section 9. Incorporation by Reference.

(1) Transportation Cabinet form TC 99-1, "Encroachment Permit" revised 3/99 is incorporated by reference.

(2) This material may be inspected, copied, or obtained Monday through Friday between 8 a.m. and 4:30 p.m. at:

(a) Office of Policy and Budget, Policy and Procedures Branch, Transportation Cabinet, State Office Building, Frankfort, Kentucky 40622;

(b) Division of Traffic, State Office Building, Frankfort, Kentucky 40622; or

History

RELATES TO: KRS 175.450(7), (9), 176.050(1)(i), 177.106, 177.230, 177.240(1), 177.315, 177.410(8), 177.440
STATUTORY AUTHORITY: KRS 174.080(2), 175.450(7), (9), 176.050(1)(i), 177.230, 177.240(1), 177.410(6), (8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 177 provides the authority to define, design, construct, and maintain highways whereby the access is controlled. This administrative regulation sets forth procedures to designate or modify the type of control to be utilized.
History: 603 KAR 005:120. 11 Ky.R. 1225; eff. 3-12-1985; 14 Ky.R. 1648; 1917; eff. 4-14-1988; 26 Ky.R. 1032; 1412; eff. 1-13-2000; Crt eff. 4-1-2019; Crt eff. 12-5-2025.

603 KAR 5:150 Encroachment permits {#sec-603-kar-5-150 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:150}

Section 1. Incorporation by Reference.

(1) Kentucky Transportation Cabinet, Permits Manual, as revised and effective September 17, 2021 is incorporated by reference.

(2) This material may be inspected, copied, or obtained subject to applicable copyright law Monday through Friday between 8 a.m. and 4:30 p.m. at:

(a) Kentucky Transportation Cabinet, Office of Human Resource Management, Organizational Management Branch, Frankfort, Kentucky 40622;

(b) Kentucky Transportation Cabinet, Division of Maintenance, Permits Branch, 200 Mero Street, 3rd Floor East, Frankfort, Kentucky 40622; or

History

RELATES TO: KRS 176.050(1)(i), 177.047, 177.103, 177.106
STATUTORY AUTHORITY: KRS 176.050(1)(i), 177.047, 177.106
NECESSITY, FUNCTION, AND CONFORMITY: KRS 176.050(1)(i) requires the Department of Highways to promulgate administrative regulations for the care and maintenance of roads after they have been constructed. KRS 177.047 requires that any person who intends to lay conduit, pipes, poles, or wires over or under a city street that is part of the state-maintained system of highways do so in accordance with administrative regulations of the Department of Highways. KRS 177.106 requires any person to obtain a permit for any encroachment to the right-of-way of any state highway. This administrative regulation provides the policies and procedures in maintenance of highways to allow encroachments onto a highway or right-of-way.
History: 11 Ky.R. 1100; eff. 3-12-1985; 16 Ky.R. 1413; eff. 3-8-1990; 26 Ky.R. 1034; 1414; eff. 1-13-2000; Crt eff. 4-1-2019; 46 Ky.R. 248, 916; eff. 9-9-2019; 48 Ky.R. 1918; eff. 3-9-2022.

603 KAR 5:155 Vegetation management {#sec-603-kar-5-155 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:155}

Section 1. Definitions.

(1) "Advertising device" is defined by KRS 177.830(5).

(2) "Department" is defined by KRS 176.010(2).

(3) "Person" means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, cooperative, or any other group or combination acting as an individual or unit.

Section 2. Vegetation Management Permit Eligibility.

(1) A permit for vegetation management to remove or prune vegetation, including vegetative obstructions to the visibility of an advertising device, located on public right-of-way under the jurisdiction of the Kentucky Transportation Cabinet shall be obtained from the department, in accordance with this administrative regulation, prior to entry or disturbance of the right-of-way.

(2) An applicant shall apply to the department for a permit for vegetation management to remove or prune vegetation by submitting a completed Application for Encroachment Permit, TC 99-1A form, to the Transportation Cabinet district office that is responsible for the area of the proposed vegetation management.

(3) An application for a permit to remove or prune vegetation shall be considered by the department if the proposal:

(a) Improves the safety of the traveling public;

(b) Is necessary to eliminate hazards to personal property;

(d) Eliminates an unsightly condition and improves roadway aesthetics; or

(e) Removes undesirable vegetation listed on the department's Web site at www.transportation.ky.gov/permits/.

(4) A permit to remove or prune vegetation shall not be issued for the purpose of increasing visibility of any advertising device currently in violation of KRS Chapter 177 or KAR Title 603.

(5) Access to department right-of-way to perform vegetation management shall be from private property unless otherwise specified as part of the permit.

Section 3. General Requirements for Vegetation Management.

(1) An applicant requesting a permit for vegetation management to remove or prune vegetation shall submit:

(a) A completed Application for Encroachment Permit, TC 99-1A form;

(b) A general description of work to be performed;

(d) A detailed and scaled drawing showing the location of the vegetation proposed to be removed or pruned;

(e) The name, address, and phone number of the contractor that will be performing the work;

(f) A signed release from property owners whose property lines front the right-of-way where the vegetation management is proposed;

(g) A signed consent from a private property owner that gives the applicant access from the private property to the work site;

(h) A seeding and erosion control plan pursuant to the department's manual, Standard Specifications for Road and Bridge Construction;

(i) Evidence of bonding maintained until released by the department; and

(j) Proof of liability insurance equal to or more than $1 million.

(2) The following applicants are exempt from Section 3(1) (f), (g), (i), and (j) of this administrative regulation:

(a) Government agencies removing vegetation for purposes of installing or maintaining government facilities; or

(b) Public utility companies removing vegetation for purposes of installing or maintaining utility facilities.

(3) An applicant shall:

(a) Remove tree stumps and roots on a slope of 3:1 or less flush with the ground surface;

(b) Remove tree stumps and roots on a slope greater than 3:1 to a height of three (3) inches or less above the surrounding ground surface. The height shall be measured from the top of the stump or root to its base on the lowest side of the slope;

(c) Remove and dispose of cut material and debris from the state right-of-way as stated in the permit issued by the department;

(d) Fill, grade, and compact a hole or void created by the performed work with top soil;

(e) Use a seeding and erosion control plan;

(f) Not remove more than twenty-five (25) percent of the crown of each tree approved for pruning by the department;

(g) Perform work during the time frame stated in the permit; and

(h) Reimburse the department for any costs incurred associated with the vegetation removal and pruning permit.

(4) Work shall not be performed until a permit is issued by the department.

(5) If a tree approved to be pruned dies related to executing the permit for vegetation management, the department shall require the permittee to remove the dead tree from department right-of-way, mitigate for the loss of vegetation, and restore department right-of-way.

(6) If damage occurs to vegetation not included in the permit for vegetation management, the department shall require the permittee to mitigate for the loss of vegetation and restore department right-of-way.

(7) The permittee shall be solely responsible for damage or destruction to private property that occurs in the course of executing the permit for vegetation management.

(8) The permittee shall indemnify the department and the Transportation Cabinet pursuant to the permit if claims are brought against the department or Transportation Cabinet by third parties for damages sustained in the course of executing a permit for vegetation management.

(9) Tree removal or pruning shall not be performed from June 1 to July 31.

Section 4. Mitigation.

(1) An applicant shall be required to mitigate as part of a permit for vegetation management for removal of any tree with a five (5) inch or greater diameter at breast height (dbh), except:

(a) Government agencies removing vegetation for purposes of installing or maintaining government facilities; or

(b) Public utility companies removing vegetation for purposes of installing or maintaining utility facilities.

(2) For mitigation, the applicant shall make a payment to the Kentucky Transportation Cabinet (KYTC) where the funding shall be used by KYTC to re-plant native trees at KYTC Stream and Wetland Mitigation sites or KYTC Pollinator Plots. KYTC Stream and Wetland Mitigation sites are established in priority watersheds within Kentucky where aquatic threatened or endangered species are known to exist, and these sites exist to in-part protect the water quality of the streams in which these species occur. KYTC Pollinator Plots are established in an attempt to curb the listing of pollinator species on the Threatened or Endangered Species List.

(3) The department shall calculate the payment amount based on the lesser amount of $150 for each tree removed with a five (5) inch or greater diameter at breast height (dbh) or $2,000 per acre.

(4) The department shall not approve a permit for vegetation removal prior to receiving proof of the required payment from the applicant.

Section 5. Notice of Violation; Appeals.

(1) The department shall provide notification by certified letter if a violation of this administrative regulation has occurred.

(2) A person aggrieved by the findings of the department may request an administrative hearing pursuant to KRS Chapter 13B.

(a) The request shall be made in writing within thirty (30) days of the certified letter.

(b) A request for a hearing shall thoroughly describe the grounds on which the hearing is requested.

(c) The hearing request shall be addressed to the Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622.

(3) If a request for an administrative hearing is not received by the department or the violation is not remedied within (30) days of notice, the department shall take action to impose penalties as established in Section 6 of this administrative regulation.

Section 6. Penalties.

(1) Any person who violates this administrative regulation shall:

(a) Be subject to a civil penalty as established in KRS 177.106;

(b) Mitigate for loss of vegetation in accordance with Section 4 of this administrative regulation; and

(c) Be responsible for all costs associated with the restoration of the department right-of-way to an acceptable condition including the required remedial measures provided for in Section 3(3) of this administrative regulation.

(2) The department shall deny or revoke a permit that contains false or misleading information.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Encroachment Permit", TC 99-1A, October 2020; and

(b) "Standard Specifications for Road and Bridge Construction", June 1, 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Department of Highways, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) This material is also available on the Transportation Cabinet's Web sites at:

(a) https://transportation.ky.gov/Permits; and

(b) https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx.

History

RELATES TO: KRS 176.010(2), 176.050(1), 177.106, 177.830(5), 177.990(2)
STATUTORY AUTHORITY: KRS 176.050(1)(i)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 176.050(1)(i) requires the department to promulgate administrative regulations concerning the care and maintenance of roads in the Commonwealth. This administrative regulation establishes a vegetation management permitting process for the removal and pruning of vegetation on department right-of-way.
History: 41 Ky.R. 2453; Am. 42 Ky.R. 348; 1153; eff. 11-5-2015; Cert. eff. 7-26-2022; 49 Ky.R. 87; eff. 10-18-2022; 50 Ky.R. 1189, 1686; eff. 3-13-2024.

603 KAR 5:220 Cooperative agreements for transportation of coal {#sec-603-kar-5-220 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:220}

Section 1. Applications for Cooperative Agreements.

(1) Any person engaged in the mining, processing, transporting, or sale of coal who desires to enter into a cooperative agreement pursuant to KRS 177.979 for the transportation of coal in vehicles exceeding the maximum weight limits on state-maintained highways shall apply to the Department of Highways for a cooperative agreement. Application forms shall be prescribed by the Department of Highways and may be obtained from any highway district office or the department's Division of Maintenance in Frankfort, Kentucky.

(2) The application form prescribed by the Department of Highways shall require such information as is necessary to identify the applicant and each segment of state maintained highway which the applicant proposes to utilize. The application shall be accompanied by a copy of the certified transportation plan obtained by the applicant pursuant to 601 KAR 35:020 for the route or routes to be included in the agreement. The application must also be accompanied by a list of vehicles to be used to transport coal pursuant to the cooperative agreement. The following information must be provided for each vehicle:

(a) Vehicle owner;

(b) Current registration number;

(d) Vehicle make and year;

(e) Vehicle type (tandem, tridem, or tractor).

(3) The application shall be submitted to the chief district engineer for the highway district in which the transportation of coal originates.

Section 2. Negotiation of Cooperative Agreements.

(1) Upon receipt of proper application the Department of Highways shall meet with the applicant to negotiate the terms and conditions of the agreement. An equitable apportionment of the incremental costs to the Department of Highways of the proposed coal transportation shall be provided by the agreement based upon, but not limited to, the following factors:

(a) The cost of surface design, maintenance, construction and reconstruction;

(b) The cost of shoulder design, maintenance, construction and reconstruction;

(d) The tonnage of coal to be shipped;

(e) The types and number of vehicles to be used;

(f) Other pertinent factors related to the transportation of coal at extended weights on the roads to be included in the agreement.

(2) When agreement is reached, the Department of Highways shall enter into the cooperative agreement with the applicant. Upon execution of the agreement the Department of Highways shall issue a certificate of identification to the applicant for each vehicle to be operated pursuant to the agreement.

Section 3. Limitations and Requirements.

(1) Cooperative agreements are applicable only for the transportation of coal.

(2) All trucks operating pursuant to cooperative agreements must be registered with a declared gross weight of 80,000 pounds.

(3) Any vehicle being operated pursuant to a cooperative agreement must at all times contain a copy of the certificate of identification issued pursuant to Section 2 of this administrative regulation.

(4) If a truck is exempted from the payment of registration and decal fees pursuant to KRS 177.9771(4)(g), it may be operated on the roads covered by the agreement in accordance with the terms of the agreement; it may be operated on roads not covered by the agreement only if empty.

(5) No person shall load or knowingly cause to be loaded or operate or knowingly cause to be operated any vehicle in excess of the weight limits specified in the cooperative agreement.

(6) No person shall operate or knowingly cause to be operated, on any bridge posted pursuant to KRS 189.230, any vehicle which weighs in excess of the posted weight limit of said bridge.

(7) Only state maintained roads may be included in cooperative agreements with the Department of Highways.

Section 4. Existing Cooperative Agreements. The Department of Highways will honor all existing cooperative agreements entered into by the Department of Vehicle Regulation pursuant to KRS 177.979 prior to April 1, 1987.

Section 5. Effective Date. The effective date of this administrative regulation is April 1, 1987.

History

RELATES TO: KRS 177.9771, 177.979, 189.230, 351.175(6), 350.060(11)
STATUTORY AUTHORITY: KRS 177.9771
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.979 provides for the Department of Highways to enter into cooperative agreements for the transportation of coal. This administrative regulation is necessary to define procedures, requirements, and limitations for cooperative agreements.
History: 13 Ky.R. 1358; eff. 2-10-1987; Crt eff. 3-11-2019; Crt eff. 2-23-2026.

603 KAR 5:230 The extended weight coal or coal by-products haul road system and associated bridge weight limits {#sec-603-kar-5-230 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:230}

Section 1. Definitions.

(1) "AASHTO" means the American Association of State Highway and Transportation Officials.

(2) "Catastrophic failure" means a failure that is marked by sudden or unpredictable extreme damage.

(3) "CO" means county.

(4) "Coal by-product" means fly ash, bottom ash, wet bottom boiler slag, scrubber sludge, burned coal waste (red dog), coal slag, or coal cinders.

(5) "CR" means a public highway, road, or street not maintained by the Kentucky Department of Highways.

(6) "FROM" means the beginning milepoint and terminus of a road segment on the extended weight coal or coal by-product haul road system.

(7) "I" means an interstate and defense highway maintained by the Kentucky Department of Highways.

(8) "KY" means a state numbered highway maintained by the Kentucky Department of Highways.

(9) "LN" means line.

(10) "Local governing body" means the fiscal court of a county, the city council or commission of a city of the first through fourth classes, or the council of an urban county government.

(11) "P" means parallel bridge.

(12) "PKWY" means parkway.

(13) "TO" means the ending milepoint and terminus of a road segment on the extended weight coal or coal by-product haul road system.

(14) "TY I" means a single unit truck consisting of two (2) single axles.

(15) "TY II" means a single unit truck consisting of one (1) steering axle and two (2) axles in tandem arrangement.

(16) "TY III" means a single unit truck consisting of one (1) steering axle and three (3) axles in tridem arrangement.

(17) "TY IV" means a tractor-semitrailer combination with five (5) or more axles.

(18) "US" means a United States numbered highway maintained by the Kentucky Department of Highways.

Section 2. Evaluation of Bridges.

(1) The department shall determine which bridges on the extended weight coal or coal by-products haul road system may be damaged or destroyed to the point of catastrophic failure by a vehicle operating at the weight authorized by KRS 177.9771 by using The Manual for Bridge Evaluation.

(2) The load factor method of analysis shall be used if a bridge is known to have been designed by this method.

(3) If the allowable stress method of analysis is used, the maximum allowable stress in steel members shall not exceed seventy-five (75) percent of the yield strength of the steel.

(4) If neither the load factor nor allowable stress method of analysis can be used, the Department of Highways shall conduct an on-site inspection to determine if the bridge shows appreciable signs of deterioration or distress or otherwise poses a significant hazard to the traveling public.

Section 3. Limiting Weight on Bridges. The department shall use the guidelines in The Manual for Bridge Evaluation to set a weight limit for a bridge deemed at risk of catastrophic failure pursuant to KRS 189.230(2).

Section 4. Dimension Limits on the Extended Weight Coal Haul Road System. A motor vehicle displaying a valid extended weight coal haul decal or cooperative license plate issued pursuant to KRS 177.9771 and being operated on a road segment that is part of the Extended Weight Coal or Coal By-product Haul Road System (EWCHRS) shall not exceed the dimension limits established in 603 KAR 5:070, Sections 3 and 4.

Section 5. The Extended Weight Coal and Coal By-product Highway System and Limited Bridges.

(1)

(a) The EWCHRS shall be:

Updated annually by official order of the secretary and amended as necessary by official order; and
Accessible on the Transportation Cabinet Web site at http://transportation.ky.gov/planning/maps/coalhaul/coalhaul.asp.

(b) The cabinet shall provide a copy of the list in paper form upon request.

(c) A paper copy may be viewed at a Department of Highways district office or may be viewed, copied, or purchased for ten (10) cents per page from the Division of Maintenance, Third Floor, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622. The telephone number for the Division of Maintenance is (502) 564-4556, and the hours of operation are 8 a.m. until 4:30 p.m., Eastern Time, Monday through Friday.

(2) The bridges identified on the Transportation Cabinet Web site and by official order of the secretary shall:

(a) Be those bridges that have been determined by the department to be at risk of damage or destruction to the point of catastrophic failure; and

(b) Have a weight limit established.

Section 6. Restricted Bridge Use. A person shall not operate, or knowingly cause to be operated, a vehicle on a bridge listed on the Web site and in the official order if the vehicle's gross weight exceeds the weight limit established for that bridge.

Section 7. Bridge Posted Weight Limits. In accordance with KRS 189.230(3), the Department of Highways shall post the gross vehicle weight limits for each bridge included on the EWCHRS.

Section 8. Additional Bridge Restrictions. A person shall not operate, or knowingly cause to be operated, a vehicle on a bridge on the extended weight coal or coal by-products haul road system if the vehicle's gross weight exceeds the limit established by a notice posted pursuant to KRS 189.230(3).

Section 9.

(1) A resolution of a local governing body making a recommendation to the secretary, pursuant to KRS 177.9771(9), shall be submitted to Secretary of Transportation, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622.

(2) The resolution shall set forth:

(a) A specific description of the road or road segment under consideration; and

(b)

A specific description of the inherent and definite hazardous condition; or
The factors that may create a special condition.

Section 10. Incorporation by Reference.

(1) "The Manual for Bridge Evaluation", 2008 edition, is incorporated by reference.

(2)

(a) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Department of Highways, Division of Maintenance, Third Floor, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. until 4:30 p.m., eastern time.

(b) A copy of "The Manual for Bridge Evaluation", 2008 edition, may also be obtained, subject to applicable copyright law, from the American Association of State Highway and Transportation Officials, 444 North Capitol Street, N.W., Suite 225, Washington, D.C. 20001.

History

RELATES TO: KRS 177.9771, 189.230
STATUTORY AUTHORITY: KRS 177.9771(1), (2), (9),(10), 189.230(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.9771(10) authorizes the Secretary of the Transportation Cabinet to promulgate administrative regulations necessary to administer the provisions of KRS 177.9771, 177.9772, 177.979, and 189.230. KRS 177.9771(2) requires the Secretary of the Transportation Cabinet to certify those public highways that meet certain criteria as the extended weight coal or coal by-products haul road system. KRS 177.9771(1) requires that roads that are currently, or have been in the past, state-maintained toll roads always be included on the extended weight coal or coal by-products haul road system. KRS 189.230(2) authorizes the Department of Highways to prescribe a gross vehicle weight limit for a bridge lower than a limit prescribed in KRS 177.9771 on a bridge that may be damaged or destroyed to the point of catastrophic failure if gross vehicle weights exceed certain limits. KRS 177.9771(9) requires the Transportation Cabinet Secretary to meet with certain local governing bodies and consider the concerns of those bodies before adding to or deleting from the extended weight coal or coal by-products haul road system. This administrative regulation establishes requirements for the extended weight coal or coal by-products haul road system and associated bridge weight limits.
History: 13 Ky.R. 1359; 1564; eff. 3-6-1987; 14 Ky.R. 174; eff. 8-5-1987; 945; 1241; eff. 1-4-1988; 2206; eff. 8-5-1988; 15 Ky.R. 1507; 1802; 2020; eff. 3-7-1989; 16 Ky.R. 448; eff. 11-4-1989; 1659; eff. 4-12-1990; 17 Ky.R. 1153; 1739; eff. 12-3-1990; 2838; 3175; 3415; eff. 6-4-1991; 19 Ky.R. 2684; 20 Ky.R. 313; eff. 9-3-1993; 21 Ky.R. 2198; 2986; eff. 5-2-1995; 22 Ky.R. 1110; eff. 1-22-1996; 23 Ky.R. 1419; 2171; 2462; eff. 11-14-1996; 24 Ky.R. 1137; 1527; 1675; eff. 1-22-1998; 29 Ky.R. 1694, 2281; eff. 2-27-2003; 36 Ky.R. 464; 11-6-2009; Crt eff. 3-11-2019; Crt eff. 2-23-2026.

603 KAR 5:240 Naming of roads and bridges {#sec-603-kar-5-240 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:240}

Section 1. A person, organization or governmental unit who is petitioning the transportation cabinet to name a road segment or bridge shall submit the petition in writing. The petition shall contain at least the following information:

(1) Exact identification and location of the road segment or bridge;

(2) Specific civic or historic significance of the proposed name;

(3) Identification of the petitioner including spokesperson's name, address, telephone number and position with organization or government unit; and

(4) A statement of whether the petitioner wishes to reimburse the transportation cabinet for preparation and erection of the commemorative signs or wishes to prepare signs and place them as approved by the department of highways.

(5) Summary of the results of a public comment hearing held on the petition by the petitioner or a unit of local government.

Section 2. If a bridge is on a road segment which has been given a special name, the transportation secretary shall not approve a different name for the bridge. However, the commemorative signs on bridges which are in place on July 13, 1990 shall not be removed.

Section 3. The Department of Highways shall on limited access highways continue to identify the crossroads by highway number. Only when the name of the road has come into significant local use and when there is sufficient space on a sign may the name also be included.

Section 4. In order for the Secretary of Transportation to be convinced of the civic or historical significance of the person or events for which a petitioner wants a road or bridge named, the secretary shall notify each jurisdictional unit of local government of the petition. He shall request a resolution from each unit of government indicating its support or nonsupport for the petition.

Section 5.

(1) If the transportation secretary agrees to name a highway segment or bridge, he shall offer to prepare and erect all signs and charge the petitioner only the actual cost of the preparation and installation of the signs.

(2) If the transportation secretary agrees to name a highway segment or bridge and the petitioner does not accept the offer from subsection (1) of this section, the petitioner shall cooperate with the jurisdictional highway district office to ensure that the signs are designed in good taste and safely erected, and in accordance with the provisions of the "Manual On Uniform Traffic Control Devices" adopted in 603 KAR 5:050.

(3) Except under unusual circumstances, there shall only be two (2) signs erected, one (1) at each end of the road segment or bridge.

History

RELATES TO: KRS 177.074
STATUTORY AUTHORITY: KRS 177.074
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.074 allows roads and bridges to be named after an individual, historic event or any other name of historical significance. This administrative regulation sets forth the steps to be followed when petitioning the transportation secretary requesting a road or bridge name. It further sets forth the standards for design and placement of signs denoting the name of the road or bridge.
History: 17 Ky.R. 691; 1352; eff. 10-2-1990; Crt eff. 3-5-2019.

603 KAR 5:250 Selection of National Truck Network highways and reasonable access to these highways {#sec-603-kar-5-250 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:250}

Section 1. Definitions.

(1) "STAA vehicle" shall mean a vehicle which exceeds the dimension limits set forth in 603 KAR 5:070, Section 1, but which does not exceed the dimensions prescribed by 603 KAR 5:070, Section 2(2). This includes the larger vehicles authorized by the Surface Transportation Assistant Act of 1980 as amended and 23 CFR Part 658.

(2) "National Truck Network (NTN)" shall mean the system of highway routes in Kentucky described in 603 KAR 5:070, Section 3, and Appendix A to 23 CFR Part 658.

(3) "Reasonable access" shall mean the right for an STAA vehicle to access a terminal or service facility under the provisions of 23 CFR Part 658.19.

(4) "Service facility" shall mean any commercial facility that provides repair, fuel, food, or rest to an STAA vehicle or its operator.

(5) "Terminal" shall mean any location where freight either originates, terminates, or is handled in the transportation process, or where commercial motor carriers maintain operating facilities.

Section 2. 23 CFR Part 658. Selection of the National Truck Network highways and access to terminals and services by STAA vehicles shall be governed by 23 CFR Part 658.

Section 3. Right of Access Without Review. Access to terminal and service facilities shall be allowed for STAA vehicles up to five (5) driving miles from the National Truck Network on state-maintained routes and up to one (1) mile on any nonstate-maintained route except where STAA vehicles are prohibited from using a route following the provisions set forth in Section 5 of this administrative regulation.

Section 4. Automatic Access by Special Vehicles.

(1) Household goods transporters automatic access. An STAA vehicle operated by a household goods carrier who has been certificated as a household goods carrier by either the Interstate Commerce Commission or the Kentucky Transportation Cabinet under the provisions of KRS Chapter 281 shall have access between any points needed for the loading and unloading of the motor vehicle except where STAA vehicles specifically are prohibited from using a route following the provisions set forth in Section 5 of this administrative regulation.

(2) Short semitrailers automatic access. An STAA vehicle being operated in a truck tractor-semitrailer combination in which the semitrailer has a length which does not exceed twenty-eight and one-half (28 1/2) feet shall have access to any route except where STAA vehicles specifically are prohibited from using a route following the provisions set forth in Section 5 of this administrative regulation.

Section 5. Use of Route Prohibited. Any route within the one (1) mile or five (5) mile automatic access allowance set forth in Section 3 of this administrative regulation or in the automatic access allowed by the provisions of Section 4 of this administrative regulation that has significant, clearly-evident safety problems may by Transportation Cabinet official order or local ordinance which has been reviewed and approved by the Transportation Cabinet be closed to use by STAA vehicles provided there is compliance with the following:

(1) If the prohibition of use is on a state-maintained route, an official order for that purpose shall be issued by the Transportation Secretary with the approval of the State Highway Engineer.

(2) If the prohibition of use relating to a locally-owned highway is the result of action by a local jurisdiction, that jurisdiction shall provide the State Highway Engineer with copies of the appropriate ordinance for review by the Department of Highways in order to ensure consistency of the local ordinance with 23 CFR Part 658. The Transportation Cabinet shall either approve, disapprove or offer changes to the local ordinance within thirty (30) days of receipt of the ordinance. If the Transportation Cabinet fails to act within the thirty (30) days, the local ordinance shall become effective on the 31st day.

(3) Any route normally falling within the five (5) mile or one (1) mile automatic access which is prohibited for use by STAA vehicles under the provisions of this section shall be identified by the placement of a traffic sign by either the Department of Highways or the local government unit having jurisdiction over the route.

(4) Any route normally falling within the five (5) mile or one (1) mile automatic access which is prohibited for use by STAA vehicles under the provisions of this section shall be identified in 603 KAR 5:070.

Section 6. Request for New Route to be Available to STAA Vehicles or Terminal and Service Facility Access Review. Any owner or operator of an STAA vehicle who has need to operate a STAA vehicle on a publicly-owned highway route segment not set forth in 603 KAR 5:070 or who cannot reach a terminal or service facility through the access provisions of Section 3 of this administrative regulation and the highway segments set forth in 603 KAR 5:070 may request review of a specific route by the following procedures:

(1) The applicant shall file a written request addressed to the Division of Planning, 419 Ann Street, Frankfort, Kentucky 40622, in an envelope plainly marked "STAA Route Review";

(2) The applicant currently shall mark on a state highway map the routes the applicant travels within Kentucky. The applicant shall also provide a written description of these routes;

(3) The applicant shall mark on the same map used in subsection (2) of this section the proposed route to be reviewed and, if appropriate, mark the terminal or service facility proposed to be used by STAA vehicles. The applicant shall also provide a written description of the route desired to be traveled in Kentucky, the reason why the route is desired to be used, and furnish any other appropriate proof of need to use the route;

(4) The applicant shall describe the STAA motor vehicle proposed to be operated by the applicant over the route, including kingpin distance of trailers as measured to the center of the rear axle and the amount of rear overhang as measured from the center of the rear axle to the rear of the trailer. These dimensions shall not exceed a forty-one (41) foot kingpin distance nor a rear overhang of five (5) feet; and

(5) The applicant shall agree to supply a tractor-semitrailer vehicle combination in which the semitrailer is fifty-three (53) feet long and 102 inches wide and the tractor is a standard model rather than a short, snub-nosed model and driver for use in demonstrating vehicle performances on the route requested to be reviewed within thirty (30) days.

Section 7. Access Review Procedure.

(1) After receipt of a "Request for Terminal or Service Facility Access Review" which meets the requirements of Section 6 of this administrative regulation, the Transportation Cabinet shall have ninety (90) days in which to inspect the route as specified in Section 8 of this administrative regulation, make a recommendation as to whether the route should be approved as an access route, obtain the approval of the State Highway Engineer, and obtain the secretary's approval of an official order designating the route as part of the access routes for the NTN system, if so warranted. Otherwise, it shall notify the applicant that the request has been refused.

(2) In making its findings, the Transportation Cabinet shall consider all of the factors set forth in Section 8 of this administrative regulation. Failure to meet any one (1) of the application requirements set forth in Section 5 of this administrative regulation shall be grounds for denial of a request for access review.

(3) Failure by the Transportation Cabinet to either approve or reject the request within the ninety (90) day period shall constitute automatic approval of this request.

(4) If the route requested for terminal or service facility access is locally-owned and not state-maintained, the Department of Highways shall immediately notify the jurisdictional unit of government of the request. The local government unit may also review the request and respond to the Department of Highways with its recommendations within sixty (60) days.

(5) If a route requested for terminal or service facility access is of sufficient dimensions and geometrics that there is no question by the Transportation Cabinet of its suitability for inclusion as an access route to the NTN, the route may be included as an access route to the NTN by the Department of Highways without the tests prescribed in Section 8 of this administrative regulation.

Section 8. Provision for Over-the-road or Template Tests. A test drive of the terminal or service facility access review route shall be accomplished except where as-built planimetric plan drawings are available at a sufficient scale for use of template measures. In these cases the template measures may be substituted for an STAA vehicle test drive over the route. Where no suitable as-built plans exist, the applicant-furnished STAA dimension test vehicle shall be driven over the route and the vehicle's performance recorded so as to provide a permanent record demonstrating the adequacy or inadequacy of its performance. The test drive shall be performed at or near the highway segment speed limit in order to approximate actual conditions.

Section 9. Engineering and Safety Criteria. Any route requested for terminal or service facility access review in which the test drive or template measures required by Section 8 of this administrative regulation found the route to be inadequate shall be subjected to an engineering and safety analysis. After a route inadequacy is shown by the test imposed under Section 8 of this administrative regulation any one (1) of the following design deficiencies shall disqualify a route from further consideration for inclusion in the National Truck Network:

(1) A two (2) lane, two (2) directional route which has a lane width of less than ten (10) feet;

(2) A route which has a structure on which the bridge weight allowance is less than 80,000 pounds for use by a tractor semitrailer combination with five (5) or more axles or is less than 73,500 pounds for use by a straight truck with four (4) or more axles;

(3) A route which has an underpass that has a vertical clearance of less than thirteen (13) feet six (6) inches);

(4) A route which has a bridge structure with a width, measured curb to curb, of less than twenty-two (22) feet;

(5) A route greater than one (1) mile in length where the sight passing distance over fifty (50) percent of any segment of the route is restricted to lengths less than 1,500 feet;

(6) A route where a combination of two (2) or more of the following conditions on any segment of the route is of a magnitude to constitute a clearly-evident safety hazard;

(a) There exists high degrees of horizontal or vertical curvature;

(b) The roadway shoulders are less than four (4) feet in width; or

(7) A route on which the turning radii of urban intersections are insufficient, as measured by template or on-site observation, to permit safe turning maneuvers by an STAA vehicle or a route on which the operation of an STAA vehicle constitute a safety hazard to other vehicle operators or public or private property by reason of vehicle off-tracking or opposing lane encroachment; or

(8) A route on which the incidence of traffic accidents is of a magnitude to indicate that any portion of the route is unsafe for use by STAA vehicles.

Section 10. Request for New NTN Route for Use by STAA Vehicles. After receipt of a request for a new NTN route for use by STAA vehicles which meets the requirements of Section 5 of this administrative regulation and which was not submitted in order to reach a terminal or service facility, the Transportation Cabinet shall subject the requested route to the engineering and safety analysis set forth in Section 9 of this administrative regulation.

History

RELATES TO: KRS 189.221, 189.222, 23 C.F.R. Part 658
STATUTORY AUTHORITY: KRS 189.222, 23 C.F.R. Part 658
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.222 authorizes the Secretary of Transportation to establish reasonable size limits for motor vehicles using the State Primary Road System. 23 CFR Part 658 requires the states to establish access review procedures certified by the Federal Highway Administration (FHWA) for purposes of allowing the operation of specified vehicles beyond the original limits of the National Truck Network as authorized by the Surface Transportation Appropriations Act of 1982. This administrative regulation is promulgated in order to provide for the procedures for the selection of additional highway segments to be included in the National Truck Network and terminal and service facility access review procedures to be administered by the Department of Highways.
History: 17 Ky.R. 3066; 3468; 18 Ky.R. 280; eff. 7-2-1991; Crt eff. 3-11-2019; Crt eff. 2-23-2026.

603 KAR 5:320 Safety in highway work zones {#sec-603-kar-5-320 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:320}

Section 1. Definition. "Highway work zone" is defined by KRS 189.232.

Section 2. Double Fine Signs.

(1) At the beginning of that portion of a highway work zone where the fines for traffic violations are to be doubled, the Department of Highways shall place a sign with the following message: "Fine Doubled in Work Zone".

(2) At the end of that portion of a highway work zone where the fines for traffic violations are to be doubled, the Department of Highways shall place a sign with the following message: "End Double Fine".

(3) The construction or manufacture of double fine signs shall be governed by the criteria set forth in the Department of Highways document "Double Fine Signs Specifications".

(4) The signs required by subsections (1) and (2) of this section shall be removed or covered so that the required message is not visible or legible to the traveling public or a law enforcement officer when the highway work zone does not have a worker present for more than a two (2) hour period of time.

Section 3. Placement of Double Fine Signs.

(1) A highway work zone shall be eligible for placement of the double fine signs if:

(a) A worker is not routinely protected by a barrier wall; or

(b) A condition exists which exposes a worker to traffic hazards.

(2) The double fine signs shall only be placed to affect that portion of the highway work zone where a worker is exposed to traffic hazards.

(3) The double fine signs may be relocated as the project taking place in the highway work zone progresses.

(4)

(a) If the highway on which the "double fine signs" are to be placed is not a divided highway, the fine shall be doubled for both directions of travel.

(b) The "double fine signs" specified in Section 2 of this administrative regulation shall be placed facing the on-coming traffic at both ends of the work zone on a highway which is not divided.

(5) If the highway on which the "double fine signs" are to be placed is a divided highway, the fine shall be doubled only for a direction of traffic which is signed pursuant to this administrative regulation.

Section 4. State Forces. The Department of Highways engineer overseeing a construction or maintenance project which is being accomplished with state forces may place double fine signs in accordance with this administrative regulation.

Section 5. Encroachment Permit Holders and Contractors for the Department.

(1) An applicant for an encroachment permit pursuant to 603 KAR 5:150 or a contractor for the department who will have workers exposed to traffic hazards may request permission to place double fine signs in accordance with this administrative regulation.

(2) The Department of Highways engineer who approves the encroachment permit or serves as engineer for the project shall grant or deny the request to place double fine signs at a highway work zone based on the criteria established in Section 3(1) of this administrative regulation.

(3) The Department of Highways engineer who approves an encroachment permit or oversees a construction project request for work on a highway which has hazardous conditions may require the permit holder to place double fine signs at the highway work zone.

(4) The placement of a double fine sign in a work zone shall not relieve a permit holder or contractor from his duty to have an approved traffic control plan for each work location.

(5) The double fine signs placed by the permit holder or contractor shall meet the requirements of the "Double Fine Sign Specifications".

(6) A permit holder or contractor shall notify the Transportation Cabinet of the times and locations of the placement of the double fine signs.

Section 6. Reduced Speed Limits.

(1) The Department of Highways may temporarily reduce the speed limit in a highway work zone.

(2) The Department of Highways shall not reduce the speed limit in a highway work zone by more than fifteen (15) miles per hour without an engineering or traffic investigation if the highway work zone is located on a section of highway with a speed limit of seventy (70) miles per hour.

(3) The Department of Highways shall not reduce the speed limit in a highway work zone by more than ten (10) miles per hour without an engineering or traffic investigation if the highway work zone is located on a section of highway with a speed limit of sixty-five (65) miles per hour or less.

(4) A temporarily reduced speed limit in a highway work zone shall be signed with a black on white regulatory sign.

(5) A black on orange sign recommending a speed shall be advisory.

(6) The Department of Highways engineer in charge of a maintenance or construction project may temporarily reduce the speed limit in a highway work zone without placing double fine signs in the zone.

Section 7. Incorporation by Reference.

(1) "Double Fine Sign Specifications", August 2007 Edition, Department of Highways, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Department of Highways, Division of Traffic Operations, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 189.232, 189.2325, 189.390(4)(b), 189.394(6)
STATUTORY AUTHORITY: KRS 174.080, 189.2325
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.2325 requires the Transportation Cabinet to promulgate administrative regulations governing the posting of signs advising motorists that penalties are increased for traffic violations occurring on state-maintained streets or highways in a highway work zone. KRS 189.390(4)(b) authorizes the Transportation Cabinet to temporarily reduce established speed limits in a highway work zone without an engineering or traffic investigation. This administrative regulation establishes guidelines for the posting of signs in highway work zones and addresses the maximum reduction in speed limit the Transportation Cabinet may be able to effect without an engineering or traffic investigation.
History: 23 Ky.R. 2641; eff. 2-10-1997; 35 Ky.R. 633; 1460; eff. 1-5-2009; Crt eff. 11-26-2019.

603 KAR 5:350 Off-highway vehicles, safety, and routes {#sec-603-kar-5-350 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:350}

Section 1. Definitions.

(1) "Agreement" means the written document executed by the designees of the local government and the cabinet, detailing the terms and conditions of OHV use on designated state owned or maintained highways.

(2) "Business district" is defined by KRS 189.390(1)(a).

(3) "Cabinet" means the Transportation Cabinet.

(4) "Local government" is defined by KRS 189.281(1)(a)1-2.

(5) "Off-highway vehicle" or "OHV" is defined by KRS 189.281(1)(b).

(6) "Regional authority" is defined by KRS 189.281(1)(c).

(7) "State highway" is defined by KRS 189.390(1)(c).

Section 2. Local Government Pilot Program Ordinance Related to OHVs.

(1) As established in KRS 189.281(2)(c), a local government may petition the Transportation Cabinet to authorize and regulate the use and operation of OHVs on state highways or sections of state highways located within the local government's jurisdictional boundaries. Before the local government may file a petition, the local government shall first adopt an OHV ordinance. Procedures for adopting an OHV ordinance are stated in KRS 189.281(2)(b)1-3. All statutory requirements regarding proposed OHV ordinance shall be met.

(2) Pursuant to KRS 189.281(3), a fully controlled access highway shall not be designated or otherwise adopted in any OHV ordinance.

Section 3. Local Government Petition for OHV use on State Highways.

(1) A local government seeking to include state highways as part of the local government's proposed OHV ordinance pursuant to KRS 189.281(2)(c) and Section 2 of this administrative regulation shall submit a petition as required by KRS 189.281(2)(c)1-6.

(2) A completed petition shall be submitted to the Transportation Cabinet District Office where the local government is geographically located.

(3) The District Office, Chief District Engineer shall review the petition along with supporting documentation required by KRS 189.281(2)(c). If the petition is found deficient, the local Chief District Engineer shall return the petition to the local government with a written explanation of the petition defects. The local government shall correct the petition defects and re-submit the petition to the district office. If the petition defects are not corrected, the petition shall not be deemed as being filed. If the petition is completed properly with required documentation, the Chief District Engineer, shall verify and forward the completed petition to the State Highway Engineer for review.

(4) Within ninety (90) days of a properly filed and completed petition from a local government, the Transportation Cabinet, through the State Highway Engineer's Office shall notify the local government as to whether the petition has been approved or if the petition is deficient. The ninety (90) day period shall not begin to run, until the properly completed petition is filed. Deficient petitions shall not be deemed as being filed until corrected and re-submitted.

(5) If the petition is approved, the local government, through its designee shall enter into an agreement with representatives of the Transportation Cabinet detailing the terms and conditions of the proposed route use. The agreement effective date is the date fully executed.

(6) Once the agreement is executed the proposed locations shall be forwarded to the Central Office, Division of Planning for placement on the OHV Route Network.

(7) Agreements shall be eligible to be renewed at the request of the local government on an annual basis.

(8) If the petition is denied, the Transportation Cabinet shall provide the Petitioner with the cause of the denial.

(9) In addition to the fully executed agreement, the local government shall establish an enforcement plan to ensure that all OHVs operating on roadways under this section meet all requirements outlined in KRS 189.281, which shall:

(a) List the local enforcement agencies involved;

(b) Detail the inspection process;

(d) Be responsible for monthly inspection of state and local OHV signage; and

(e) Develop a recording and reporting mechanism to report ongoing crashes, collisions, injuries, and other events that relate to safety or failures regarding the operation of OHV vehicles on routes designated.

Section 4. Agreements or Approved Petitions may be Rescinded.

(1) Approved petitions and agreements may be rescinded for the following reasons:

(a) The petition contains fraudulent or misleading information that would have resulted in the petition being denied;

(b) Noncompliance with any requirements set forth in KRS 189.281, this administrative regulation, or the agreement itself; or

(c) Crash history, unforeseen circumstances, public safety, or any other reason deemed necessary to protect the public or the interests of the cabinet.

(2) If the approved petition is rescinded prior to entry of the agreement, or if an executed agreement is in place, the cabinet shall provide written explanation as to why the approved petition or existing agreement is now rescinded.

Section 5. Minimum Vehicle Requirements.

(1) All petitions submitted to the cabinet for approval shall adopt and enforce the definition of an OHV.

(2) All petitions to the cabinet for approval shall include an enforcement plan to ensure that OHVs operating on proposed roadways and trails conform with the vehicle standards established in KRS 189.281(1)(b), and this administrative regulation, and that required insurance coverage is verified.

Section 6. Route Requirements and Standards. As established in KRS 189.281(3), a fully controlled access highway shall not be designated for OHV use. Any petition to the cabinet naming a fully controlled access highway shall be denied.

Section 7. Incorporation by Reference.

(1) "TC 59-112, OHV Safety Plan", September 2024, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law at the Department of Highways, 6th Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8:00 a.m. to 4:30 p.m. EST. This material may also be obtained at the cabinet's Web site at www.transportation.ky.gov.

History

RELATES TO: KRS 12.020, 148.0222, 174.020, 189.281, 189.390, 189.515, 189.520, 304.39-110, 16 C.F.R. sec. 1420.3
STATUTORY AUTHORITY: KRS 189.281
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.281 requires the cabinet to promulgate administrative regulations relating to the local government pilot program for off-highway vehicles (OHV). This administrative regulation establishes the criteria for OHV ordinances, petitions, and the rescinding thereof, OHV enforcement requirements, and OHV safety plan requirements and establishes the OHV safety requirements and the safety equipment verification protocol. This administrative regulation shall expire on July 1, 2027, pursuant to KRS 189.281.
History: 49 Ky.R. 498, 1255; eff. 3-1-2023; 51 Ky.R. 789; eff. 2-18-2025.

603 KAR 5:360 Transportation Cabinet use of interstate and parkway signs to locate missing persons {#sec-603-kar-5-360 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:360}

Section 1. Definitions.

(1) "Duty officer" means an officer on duty at the Division of Emergency Management, Emergency Communications Information Center or ECIC, at the time the notice of missing person is received.

(2) "Missing person" means a person missing, lost, or overdue as established in KRS 39F.180(1) and (2).

(3) "Missing person report" means, pursuant to KRS 39F.180(2)(a) through (d), a written or electronic report containing information to appropriately identify the missing person if the person is seen or discovered by a third party.

(4) "Notice" means information provided at the point in time a local search and rescue coordinator contacts the Division of Emergency Management with a request and required information to establish the basis for a missing person report.

Section 2. Reporting Requirements.

(1) As established in KRS 39F.180(2)(a) through (d), the missing person report shall contain the name, age, gender, county last seen, and how traveling. If the traveling method is by automobile, the report shall include, if available, license plate, year, make, model, and color of automobile. Other known information that may be reasonably calculated to assist in the rescue effort shall also be noted in the report.

(2) Request shall be by and through a local search and rescue coordinator as established by KRS 39F.200, the county emergency management agency as defined in KRS 39A.020(16), Kentucky State Police, or local law enforcement.

(3) If the local search and rescue coordinator makes a request of a duty officer of the Division of Emergency Management and fails to provide information required by this administration, the request shall be considered insufficient notice to the duty officer of the Division of Emergency Management, and the duty officer shall not notify the Kentucky Transportation Cabinet.

(4) Upon receipt of a request, the duty officer shall contact the Transportation Cabinet if the local search and rescue coordinator determines pursuant to KRS 39F.180 that at any time during a search the use of electronic highway signs will aid in the search and is in the best interest of the missing person. Electronic highway signs that may be utilized shall include those located on the interstates and parkways.

(5) Upon request by a duty officer, the Transportation Cabinet shall publish information on available message boards permanently located on both interstates and parkways.

(6) Message options for interstate message boards may include:

(a) Option 1 – Interstate message board; or

(b) Option 2 – Interstate message board.

(7) Messages for parkway message boards may be formatted as in this example:

(8) The missing person message shall be discontinued by the Transportation Cabinet:

(a) Upon notice to the cabinet that the missing person has been found;

(b) Upon notice to the cabinet that an AMBER alert or other higher priority incident has been issued;

(c) Upon notice to the cabinet that a subsequent missing person notice has been issued for either a new notice for the same missing person or a new notice for a new missing person; or

(d) If the County search and rescue coordinator provides no further update to the cabinet after a period of four (4) hours.

History

RELATES TO: KRS 39F.180, 29F.200
STATUTORY AUTHORITY: KRS 39F.180
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39F.180(2)(e) requires the duty officer of the Division of Emergency Management to provide notice to the Transportation Cabinet of certain missing persons in order to carry out prompt publication by message boards on all interstates and parkways in the Commonwealth of Kentucky. KRS 39F.180(6) requires the Transportation Cabinet to promulgate administrative regulations relating to reporting requirements from the Division of Emergency Management to the Transportation Cabinet. This administrative regulation establishes the requirements to request the use of interstate and parkway signs related to missing persons.
History: 48 Ky.R. 1067, 2076; eff. 1-25-2022.

Chapter 7 Mass Transportation

603 KAR 7:020 Nonurbanized Public Transportation Program and Elderly and Handicapped Program {#sec-603-kar-7-020 omnilex-key=us-ky-regs-official--title-603--603 KAR 7:020}

Section 1. In order to facilitate the administration of the Nonurbanized Public Transportation Program as authorized by Section 18 of the Urban Mass Transportation Act and KRS Chapter 96A and the Elderly and Handicapped Public Transportation Program as authorized by Section 16(b)(2) of the Urban Mass Transportation Act and KRS Chapter 96A, the following are adopted by reference:

(1) The "State Management Plan" for the Section 18 and Section 16(b)(2) Programs issued April, 1981 and last revised September, 1988, by the Transportation Cabinet. This management plan is a document designed to facilitate both the Transportation Cabinet and the Urban Mass Transportation Administration (UMTA). It outlines the cabinet's procedures and policies for administering both the Section 18 and Section 16(b)(2) programs. It also includes guidelines to inform all prospective and continuing grantees for public transportation assistance in nonurbanized areas of the federal and state requirements for a grant.

(2) The Section 16(b)(2) Application Guidelines issued October, 1988 by the Transportation Cabinet. It includes guidelines to inform all prospective and continuing grantees for elderly or handicapped public transportation assistance of the federal and state requirements for a grant.

Section 2. All documents incorporated by reference are on file for public inspection in the Division of Mass Transportation, 11th Floor, State Office Building, Frankfort, Kentucky 40622.

History

RELATES TO: KRS 96A.010-96A.370, 96A.090, 96A.095
STATUTORY AUTHORITY: KRS 174.080
NECESSITY, FUNCTION, AND CONFORMITY: The Nonurbanized Public Transportation Program is authorized and governed by Section 18 of the Urban Mass Transportation Act of 1964, as amended; 49 USC 1601 et seq. and 49 CFR 825. The Elderly and Handicapped Public Transportation Program is authorized and governed by Section 16(b)(2) of the same Act. The Transportation Cabinet is authorized by KRS 96A.095 to accept funds from the Commonwealth and any of its agencies and from federal agencies appropriations and grants to accomplish the promotion and development of mass transit services in Kentucky. The function of this administrative regulation is to implement the procedures required to administer the Nonurbanized Public Transportation Program and the Elderly and Handicapped Public Transportation Program in accordance with applicable state and federal laws and regulations.
History: 11 Ky.R. 346; eff. 9-11-1984; 12 Ky.R. 1853; eff. 7-2-1986; 13 Ky.R. 2091; eff. 7-2-1987; 15 Ky.R. 1553; eff. 1-27-1989; Crt eff. 11-26-2019.

603 KAR 7:080 Human service transportation delivery {#sec-603-kar-7-080 omnilex-key=us-ky-regs-official--title-603--603 KAR 7:080}

Section 1. Definitions.

(1) "Ambulance stretcher transportation" means an ambulance service used for transporting sick or injured people who are also bedridden.

(2) "Broker" is defined by KRS 281.014(8).

(3) "Certificate type 07 and certificate type 08" means a classification type assigned to a recipient that meets the definition established in either KRS 281.873(1)(e) or 281.873(1)(f).

(4) "CTAC" is defined by KRS 281.014(10).

(5) "Delivery area" is defined by KRS 281.014(7).

(6) "Eligible provider" means a transportation provider that has contracted with the regional broker, obtained a valid Medicaid provider number from the Department for Medicaid Services, and been approved by the cabinet to provide services to human service transportation delivery recipients upon verification of applicable transportation operating authority.

(7) "Escort" means an individual attendant whose presence is required to assist a recipient during transport.

(8) "Human service transportation delivery" is defined by KRS 281.014(6).

(9) "Medical necessity" means that a covered benefit is determined to be needed in accordance with 907 KAR 3:130.

(10) "Medical service area" means the Medicaid recipient's county of residence and contiguous counties.

(11) "Mileage reimbursement" means a fixed rate set by the Commonwealth per mile that a motor vehicle is operated while the recipient is a passenger.

(12) "Provider" means an individual with appropriate operating authority performing transportation operations for human service transportation delivery.

(13) "Recipient" means a person who is receiving benefits under one (1) of the service programs listed in Sections 3, 5, or 6 of this administrative regulation and who complies with the criteria of the participating program.

(14) "Safety sensitive person" means a person who has direct involvement in a recipient's trip, including:

(a) Scheduling;

(b) Dispatching;

(d) Maintaining the vehicle fleet.

(15) "Special circumstance" means an occasion for a broker to provide a trip after normal working hours, such as for a patient receiving dialysis, chemotherapy, or radiation treatment available only on nights and weekends, or TANF transportation for evening shift employment.

(16) "Subcontractor" is defined by KRS 281.014(9).

(17) "TANF" means the Temporary Assistance for Needy Families Program administered by the Cabinet for Health and Family Services.

(18) "Urgent care" means an unscheduled episodic situation:

(a) In which there is not a threat to life or limb, but the recipient needs to be seen within twelve (12) hours in order to avoid the likely onset of an emergency medical condition; and

(b) That does not include an emergency trip that is to be addressed by a qualified emergency service.

(19) "Volunteer transportation" means transportation provided by a person or entity as a charitable act without the expectation of receiving a benefit or payment.

Section 2. Program availability.

(1) Active human service transportation delivery programs shall be available to eligible recipients in all 120 counties of the Commonwealth of Kentucky as divided into geographically coordinated service regions. The regions shall be as follows:

(a) Region 1, which shall include the following counties:

Ballard;
Calloway;
Carlisle;
Fulton;
Graves;
Hickman;
Marshall; and
McCracken;

(b) Region 2, which shall include the following counties:

Caldwell;
Christian;
Crittenden;
Hopkins;
Livingston;
Lyon;
Muhlenberg;
Todd; and
Trigg;

Daviess;
Hancock;
Henderson;
McLean;
Ohio;
Union; and
Webster;

(d) Region 4, which shall include the following counties:

Breckinridge;
Grayson;
Hardin;
Larue;
Marion;
Meade; and
Nelson;

(e) Region 5, which shall include the following counties:

Adair;
Allen;
Barren;
Butler;
Edmonson;
Green;
Hart;
Logan;
Metcalfe;
Simpson;
Taylor; and
Warren;

(f) Region 6, which shall include the following counties:

Bullitt;
Henry;
Jefferson;
Oldham;
Shelby;
Spencer; and
Trimble;

(g) Region 8, which shall include the following counties:

Anderson;
Boyle;
Casey;
Franklin;
Garrard;
Jessamine;
Lincoln;
Mercer;
Scott;
Washington; and
Woodford;

(h) Region 9, which shall include the following counties:

Boone;
Campbell;
Carroll;
Gallatin;
Grant;
Kenton;
Owen; and
Pendleton;

(i) Region 10, which shall include Fayette County;

(j) Region 11, which shall include the following counties:

Bourbon;
Clark;
Estill;
Harrison;
Madison;
Montgomery;
Nicholas; and
Powell;

(k) Region 12, which shall include the following counties:

Bell;
Clinton;
Cumberland;
Knox;
Laurel;
McCreary;
Monroe;
Pulaski;
Rockcastle;
Russell;
Wayne; and
Whitley;

(l) Region 13, which shall include the following counties:

Breathitt;
Clay;
Harlan;
Jackson;
Knott;
Lee;
Leslie;
Letcher;
Owsley;
Perry; and
Wolfe;

(m) Region 14, which shall include the following counties:

Floyd;
Johnson;
Magoffin;
Martin; and
Pike;

(n) Region 15, which shall include the following counties:

Bath;
Boyd;
Carter;
Elliott;
Greenup;
Lawrence;
Menifee;
Morgan; and
Rowan; and

(o) Region 16, which shall include the following counties:

Bracken;
Fleming;
Lewis;
Mason; and
Robertson.

(2) If a company is awarded more than one (1) region, and those regions geographically touch, the regions shall be administratively combined and identified as one single region for operating and monitoring purposes.

Section 3. Service Programs. Excluding nonemergency ambulance stretcher transportation, nonemergency medical transportation provided to a Medicaid recipient as established in KRS 205.6312, KRS 205.6314, and 907 KAR 3:066 shall be provided as established in this section.

(1) A broker shall transport a Medicaid-eligible recipient, excluding a qualified Medicare beneficiary (QMB) or a Phase 3 KCHIP recipient, with a county code residence in the broker's delivery area.

(2) The broker shall be responsible for transportation arrangements if the recipient:

(a) Is coded in the broker's delivery area but has moved or is living in another human service transportation delivery area;

(b) Has a county code of 121;

(d) Is a state guardianship case.

(3) Services outside a recipient's medical service area shall require a referral from the recipient's:

(a) Licensed physician;

(b) Physician's assistant;

(d) Qualified mental health professional as defined in KRS 202A.011(12).

(4) If a referral pursuant to subsection (3) of this section cannot be obtained, services may be authorized by the contracting agency.

(5) A referral shall be:

(a) To the closest appropriate medical service provider for the required service;

(b) Valid for six (6) months; and

(c) Made by using the Office of Transportation Delivery form entitled Kentucky Non-Emergency Medical Transportation Program Medicaid Medical Referral Form.

(6) A recipient in the Medicaid Lock In program shall obtain a referral from the recipient's assigned lock-in medical provider prior to being transported to any other medical provider within or outside the medical service area.

Section 4. Nonemergency Medical Transportation.

(1)

(a) Nonemergency medical transportation shall be available for a:

Kentucky Medicaid eligible recipient; and
Medically-necessary service as established in 907 KAR 3:066.

(b) A Kentucky Medicaid cardholder shall be transported to a Medicaid-covered service accompanied by a parent, guardian, or escort if required by KRS 281.873.

(2) If an operational motor vehicle is registered to a Medicaid eligible recipient or household member, the recipient shall be denied nonemergency medical transportation services unless:

(a) The recipient or a licensed driver in the recipient's home submits a licensed physician's statement to the Transportation Cabinet that he or she is medically unable to operate a motor vehicle;

(b) The recipient submits the statement of an automobile mechanic to the Transportation Cabinet certifying that the vehicle is mechanically inoperable;

(c) The recipient submits a statement to the Transportation Cabinet from an employer or a school indicating that the motor vehicle is used for work or school during the time the recipient needs to be transported to a medical appointment; or

(d) The recipient requires a special lift-equipped vehicle and none is available.

(3) A physician's statement submitted to the Transportation Cabinet by a recipient shall be valid for six (6) months and may be renewed every six (6) months.

(4)

(a) A statement by an automobile mechanic submitted to the Transportation Cabinet by a recipient shall be valid for thirty (30) days.

(b) A recipient may submit up to three (3) mechanic's statements per vehicle during a one (1) year time period for each vehicle owned by the recipient.

(5) An employer statement submitted by the recipient to the Transportation Cabinet shall be valid for three (3) months and may be renewed every three (3) months.

(6) A school statement submitted by a recipient to the Transportation Cabinet shall be valid only during a current school semester.

(7) A motor vehicle in the recipient's home may be sold, junked, transferred, or cancelled out of the household through the services of the recipient's local county clerk's office.

Section 5. Kentucky Works Program.

(1) Recipients participating in the Kentucky Works Program shall be transported to services or TANF component activities in the county of residence or contiguous county.

(2) Transportation services covered by the Kentucky Works Program shall include:

(a) Employment;

(b) Child daycare centers;

(d) Training.

(3) Transportation shall be provided for training at vocational schools, community colleges, universities, and high schools within the recipient's county or human service transportation delivery area and contiguous to the human service delivery area.

Section 6. Programs.

(1) Programs under the human service transportation delivery system shall include:

(a) The nonemergency medical transportation program;

(b) The Kentucky WORKS program;

(d) Vocational rehabilitation for the blind as established in KRS Chapter 151B or 163;

(e) Mental health, mental retardation, development disabilities, comprehensive care, or substance abuse services as established in KRS Chapter 202A, 202B, 210, or 645; or

(f) The Office of Aging Services as established in KRS Chapter 205, 209, 216, or 273.

(2) The Department for Medicaid Services shall provide to the Transportation Cabinet:

(a) A listing of persons eligible to receive human services transportation including special Medicaid recipient waiver eligibility;

(b) The address of each person on the list; and

(3) A denial of human services transportation to a recipient shall be as established in KRS 281.872.

Section 7. Coordinated Advisory Transportation Committee (CTAC).

(1) CTAC shall be composed of members designated by the:

(a) Cabinet for Health and Family Services;

(b) Education Cabinet; and

(2) The Cabinet for Health and Family Services and the Transportation Cabinet shall each have two (2) voting members and the Education Cabinet shall have one (1) voting member.

(3) CTAC duties and responsibilities shall include:

(a) Providing information and assistance to the Transportation Cabinet;

(b) Reviewing and recommending policies and operating procedures to the Transportation Cabinet; and

Section 8. Transportation Broker Selection Process.

(1) A request for proposal (RFP) and the process of awarding a brokerage contract for each region shall comply with KRS Chapter 45A. The RFP evaluation process for broker selection shall address areas that include the following:

(a) Overall quality in transportation delivery;

(b) Information regarding administration including:

Human resources, including staffing and employee categories by classification, number, and experience;
Insurance and risk management, types and levels of insurance coverage and emergency process, and training offered to reduce business risk;
Billing and accounting practice and procedures; and
Financial capability; and

Scheduling and reservations;
Fleet management;
Dispatching and radio communications;
Computer software and hardware;
Reporting for both the broker and subcontractor;
Vehicle inspection or maintenance programs; and
Experience as established in KRS 281.875(2).

(2) An applicant shall demonstrate to the Commonwealth an ability to coordinate trips with:

(a) Local community based governmental offices;

(b) Training, educational, or medical centers; and

(3) An applicant shall:

(a) Maintain an office in the awarded regional area;

(b) Have infrastructure and other resources including:

Telephone and dispatching capability;
Scheduling software; and
A building to serve as a place of business;

(d) Demonstrate the ability to cover the delivery area including information regarding hours, days, and operator's availability; and

(e) Indicate if education and training programs are conducted on an ongoing basis.

Section 9. Contractual Agreements.

(1) A contract between the Commonwealth and a broker shall be for one (1) year with four (4) one (1) year options to renew.

(2) Contracts shall be on a fiscal year basis, running July 1 through June 30.

(3) Except for a volunteer provider, each transportation provider shall have operating authority issued by the Transportation Cabinet pursuant to KRS Chapter 281 or 96A.

(4) A contract between the Commonwealth and the broker shall be subject to:

(a) Revocation in accordance with KRS 281.879; and

(b) Termination in accordance with 200 KAR 5:312.

Section 10. Transportation Broker.

(1) A broker shall coordinate the human service transportation delivery program as provided in KRS 281.877.

(2) A broker shall make a report to the cabinet on traffic accidents and moving violations involving either the broker or subcontractor that occur in route to or while transporting a human service transportation passenger within twenty-four (24) hours of the occurrence.

(3)

(a) A broker shall have all completed reports for payment to the cabinet no later than the seventh day of each month following the reporting period.

(b) The cabinet shall reimburse the broker no later than the 15th day of each month if the broker has submitted the required reports, and if the Medicaid eligible count is received from the Department for Medicaid Services allowing adequate processing time through the Commonwealth's processing system.

(d) A valid subcontractor or private auto provider invoice postdated after the first of the month shall be included in the next month's billing.

(e) A TANF private auto provider shall be paid by a broker within three (3) business days of receiving the TANF payment from the Transportation Cabinet.

(f) Payment shall be contingent upon a TANF recipient:

Receiving written authorization from the broker to use his or her private automobile; or
Having access to an automobile for training or employment activities.

(4) A broker shall have an established operating office located within the awarded delivery area.

(5) A broker shall employ a sufficient number of staff to accommodate:

(a) Reservations;

(b) Oversight of timely pickup and delivery;

(d) Accounting;

(e) Complaint tracking;

(f) Safety compliance; and

(g) Reporting to the cabinet.

(6)

(a) A broker or subcontractor shall immediately report an allegation of criminal wrongdoing relating to the human service transportation program or Medicaid or an allegation of Medicaid fraud to the Transportation Cabinet.

(b) A broker shall immediately report recipient abuse or neglect to the Cabinet for Health and Family Services.

(7) The cabinet shall utilize the peer-to-peer review process within the Department for Medicaid Services for any questionable documentation received from a medical provider during the delivery of transportation services.

(8) A broker shall require a subcontracting transportation company to provide its drivers with name tags and company photo identification.

(9) A broker that receives a complaint in writing from the Transportation Cabinet shall respond in writing:

(a) Within twenty-four (24) business hours of the complaint; or

(b) Immediately if a complaint is marked urgent.

Section 11. Orientation Program.

(1) A broker shall provide an orientation program for each subcontractor or potential subcontractor as established in KRS 281.875(1)(j).

(2)

(a) An orientation meeting between a broker and subcontractor shall be held before transportation services are provided.

(b) A subsequent meeting shall be held as needed or requested by the cabinet, broker, or subcontractor.

Section 12. Subcontractors and Volunteers.

(1) A subcontractor who has signed a contract with a broker to provide human service transportation delivery within a specific delivery area shall meet human service transportation delivery requirements, including:

(a) Proper operating authority by state, county, or city; and

(b) The use of authorized and qualified vehicles.

(2) A subcontractor shall not enter into an agreement with a broker without the prior approval of the Transportation Cabinet.

(3) A broker shall submit and request approval of the cabinet for a potential subcontractor.

(4) A subcontractor shall not assign a trip to any other provider.

(5) A subcontractor shall submit the following documentation to the broker:

(a) A copy of the subcontractor's operating authority;

(b) Proof of insurance including the subcontractor, or independent contractor's vehicle liability insurance, and proof of Kentucky workers' compensation insurance coverage;

(d) A copy of all vehicle lease agreements; and

(e) A copy of the Medicaid provider's enrollment letter.

(6) A contract shall include:

(a) Payment administration as established in KRS 281.875(1)(f);

(b) A copy of the hours of operation and other scheduling requirements;

(d) Pickup and delivery standards;

(e) Contract duration;

(f) Termination clause and compliance penalty provisions;

(g) Signed HIPAA confidentiality agreement statements for subcontractor or volunteer employees; and

(h) A current list of all safety sensitive persons within the subcontractor's company.

(7) A broker or subcontractor shall provide documentation to the cabinet certifying that all drivers and escorts during employment shall:

(a) Be legally licensed by the Commonwealth of Kentucky to operate the transportation vehicle to which they are assigned;

(b) Be courteous, patient, and helpful;

(d) Have no more than two (2) convictions for moving violations in the last three (3) years;

(e) Have no convictions of any sexual crime or crime of violence;

(f) Have had a pre employment drug test; and

(g) Have received orientation and safety training that includes:

First aid training;
Training regarding blood borne pathogens;
Passenger assistance training; and
Intellectual or developmental disability awareness training if offered by the cabinet.

(8) A person who has been convicted of a misdemeanor or a felony during the last five (5) years shall drive or escort passengers only after review and approval by the broker, subcontractor, and the cabinet.

(9) A volunteer transportation provider shall have:

(a) A valid driver's license;

(b) Proof of insurance and registration; and

(10) In order to receive mileage reimbursement in the next billing cycle, a private auto provider shall submit a valid invoice to the broker by the first of each month to allow for payment within three (3) business days of payment received from the cabinet.

(11) A valid invoice postdated after the first day of the month shall be included in the next month's billing.

(12) A subcontractor or a private auto provider shall submit all valid invoices to the broker within six (6) months of the date of service for reimbursement by the broker.

(13) A subcontractor shall immediately report to the broker a moving violation or traffic accident that occurs in route or while transporting a human service transportation passenger.

(14) A subcontractor shall not participate in determining recipient eligibility or type of transport.

(15) A subcontractor shall not solicit for assignment of nonemergency Medicaid trips.

Section 13. Vehicle Requirements.

(1) A broker shall assure that transportation providers maintain vehicles and vehicle equipment.

(2) A vehicle and its components shall comply with, or exceed, the manufacturer's, state, and federal safety and mechanical operating and maintenance standards for the particular vehicle and model used.

(3) A vehicle shall comply with the Americans With Disabilities Act of 1990, ADA, 42 U.S.C. 12102.

(4) A vehicle that is noncompliant with licensing requirements, operating authority requirements, or safety requirements shall be immediately removed from human service transportation delivery service by the broker.

(5)

(a) A transportation provider shall provide and use a communication system that links the dispatcher with the provider, and the provider with the dispatcher. A communication system shall be used:

In a manner that facilitates communication and minimizes time in replacing or repairing out-of-service vehicles; and
In a confidential manner adhering to 45 C.F.R. Part 164, the Health Insurance Portability and Accountability Act of 1996, HIPAA.

(b) A vehicle shall be equipped with adequate heating and air conditioning for driver and passengers. A vehicle with a nonfunctioning climate control system shall be placed out-of-service until appropriate corrective action is taken.

(d) Seat belts shall be stored off the floor when not in use.

(e) A vehicle shall utilize child safety seats pursuant to KRS 189.125.

(f) A vehicle shall have at least two (2) seat belt extensions provided.

(g) A vehicle shall be equipped with a seat belt cutter mounted above the driver's door for use in emergency situations.

(h) A vehicle shall have a functioning speedometer and odometer.

(i) A vehicle shall have functioning interior lights within the passenger compartment.

(j) A vehicle shall have adequate sidewall padding and ceiling covering.

(k) A vehicle shall be smooth riding.

(l) A vehicle shall have two (2) exterior rear view mirrors, one (1) on each side of the vehicle.

(m) A vehicle shall be equipped with an interior mirror that:

Is used to monitor the passenger compartment; and
Shall be either clear-view laminated glass, or clear-view glass bonded to the back that retains the glass in the event of breakage.

(n) A vehicle's interior and exterior shall be clean and free of:

Broken mirrors or windows;
Torn upholstery or floor covering;
Damaged or broken seats;
Protruding or sharp edges;
Dirt, oil, or grease; or
Litter.

(o) The vehicle floor shall be covered with commercial anti-skid, ribbed, rubber flooring, or carpeting. Ribbing shall not interfere with wheelchair movement between the lift and the wheelchair positions.

(p) A vehicle shall have the transportation provider's name, vehicle number, and the program coordinator's customer service phone number prominently displayed within its interior. This information shall also be available in written form on each vehicle for distribution to a rider on request.

(q) A vehicle shall have the following signs posted in the vehicle interior, easily visible to the passengers and driver:

"No Smoking, Eating or Drinking;" and
"All passengers shall use seat belts".

(r) A vehicle shall be equipped with a functional fire extinguisher and shall display a current inspection tag or sticker.

(s) A vehicle with a floor threshold of greater than twelve (12) inches shall include a retractable step or a step stool to aid in passenger boarding. A step stool shall:

Be used to minimize ground-to-first-step height;
Have four (4) legs with antiskid tips;
Be made of sturdy metal with nonskid tread;
Have a height of eight and one-fourth (8 1/4) inches, a width of fifteen (15) inches, and a depth of fourteen (14) inches; and
Not be milk crate or similar substitute.

(t) A vehicle shall have on board three (3) portable triangular reflectors mounted on stands.

(u) A vehicle shall include a vehicle information packet to be stored in the driver compartment or securely stored on or in the driver's side visor. This packet shall include:

Vehicle registration;
Insurance card;
Bus or vehicle card; and
Accident procedures and forms.

(v) A vehicle shall be provided with a fully equipped first aid kit and a "spill kit" including:

Liquid spill absorbent;
Latex gloves;
Hazardous waste disposal bags;
Scrub brush; and
Disinfectant and deodorizer.

(w) A vehicle shall contain maps or global positioning devices with sufficient detail to locate recipients and destinations.

(x)

A vehicle shall have the transportation provider's company signage posted on the exterior of the vehicle identifying the company's legal name.
Signage shall be displayed on the driver and passenger side doors in two (2) inch block letters.

(6) A lift-equipped vehicle used to transport wheelchair passengers shall meet the requirements and specifications of the Americans with Disabilities Act of 1990, ADA.

Section 14. Scheduling.

(1)

(a) The recipient or his or her guardian shall call the regional broker of the coded county of the recipient's residence at least seventy-two (72) hours prior to the scheduled appointment to schedule a trip.

(b) If a recipient is not county coded to the county of residence, the broker shall assist with arranging service with the assigned county coded broker.

(2)

(a) All brokers shall provide scheduling services between 8 a.m. and 4:30 p.m., Monday through Friday, and from 8 a.m. to 1 p.m. on Saturday.

(b) Transportation services shall be provided between 6 a.m. and 8 p.m., Monday through Friday, and from 8 a.m. to 1 p.m. on Saturday.

New Year's Day;
Memorial Day;
July 4th;
Labor Day;
Thanksgiving Day; and
Christmas Day.

(3)

(a) The broker shall have paging services available after normal scheduling hours for urgent care transportation service.

(b) Urgent care transportation service shall be provided twenty-four (24) hours a day, seven (7) days a week, including any holiday.

(d) TANF recipients may request immediate transportation from employment or training, including transport of a recipient's child from a daycare facility, due to an illness or a family emergency.

(e) In-patient discharges shall be provided during the human service transportation operating hours established in subsection (2)(b) of this section, and shall not require a seventy-two (72) hour notice of scheduling in advance.

(4)

(a) A broker may schedule and provide trips for recipients after the normal hours of operation for a special circumstance.

(b) The broker may contact the Transportation Cabinet for guidance.

(5) The broker shall collect the following information from each eligible recipient requesting transportation services:

(a) Name of recipient;

(b) Recipient's Medicaid identification number, if applicable;

(d) Date of appointment;

(e) Time of appointment;

(f) Program identification;

(g) Telephone number;

(h) Type of covered service; and

(i) Special needs including:

Child safety seats; or
Lift-equipped vehicle.

(6) The broker shall confirm the trip has been scheduled and shall provide the recipient with a reservation confirmation number.

(7) In order to waive the seventy-two (72) hour notice requirement for urgent care, the cabinet shall receive verification from a:

(a) Physician;

(b) Physician's assistant;

(d) Qualified mental health professional as defined in KRS 202A.011.

(8) The verification required by subsection (7) of this section shall be transmitted by:

(a) Oral verification over a telephone;

(b) Written verification on the licensed medical provider's letterhead delivered in person to the broker; or

(c) Written verification transmitted electronically by computer or by facsimile on the licensed medical provider's letterhead and submitted from the licensed medical provider's office directly to the broker's office.

(9) If verification is not submitted by the medical provider, the broker may initiate a telephone call to the licensed medical provider requesting oral verification that the recipient is required to be seen at the appointed time.

(10) If the licensed medical provider initiates the call, the broker shall return the call if there is a question concerning the call's legitimacy.

Section 15. Eligibility.

(1)

(a) With the Transportation Cabinet and Cabinet for Health and Family Service's assistance, a broker shall have direct computer access to all relevant data bases needed to determine eligibility.

(b) If there is a question regarding eligibility, the broker shall contact the cabinet for assistance in determining eligibility.

(c) The cabinet shall investigate all complaints regarding subcontractors and the broker for the area, and attempt to immediately resolve the problem to the satisfaction of all parties.

(d) The cabinet shall forward all complaints relating to Medicaid fraud or abuse to the Cabinet for Health and Family Services.

(2) A trip for a nonemergency medical recipient who does not require a special-equipped vehicle may be by taxi, community or city bus, or private auto and shall be coordinated by the broker so that, if it is feasible, one (1) recipient may be transported with other recipients.

(3)

(a) The broker shall ensure as established in KRS 281.873(6) that an escort accompanies all Certificate Type 07 and Certificate Type 08 recipients certified for an escort pursuant to the cabinet's specialty carrier form entitled Medical Transportation Classification Form.

(b) A Medical Transportation Classification Form shall be submitted by the broker directly to the physician and sent from the physician directly to the broker.

(d) A family member may serve as an escort.

(e) One (1) escort may serve several recipients if the recipients are grouped and have the same destination.

(f) An escort shall not be charged a fare.

(g) A transportation provider or a provider's employee shall not serve as a guardian's designee for a child twelve (12) years or under.

Section 16. Standards for Recipients.

(1)

(a) A trip for a recipient may be coordinated with public transit.

(b) A recipient shall give all pertinent information needed to the broker, including a request for an escort required, or information regarding special needs.

(2) If the recipient is under the TANF Program, the recipient shall convey to the broker the number of children to be transported.

(3) Transportation to childcare shall not be provided under nonemergency medical transportation.

(4) A recipient shall not be under the influence of alcohol or illegal drugs.

(5) A recipient shall be ready at least fifteen (15) minutes before scheduled pickup.

(6) Except for medical necessity, a recipient shall abide by signs in the vehicle and observe safety rules including seat belt requirements.

(7) A recipient shall not hold a child in his or her lap during transport.

(8) A recipient shall call seventy-two (72) hours in advance for the transport unless it is an urgent care situation.

(9)

(a) A recipient shall cancel a trip as soon as possible, but no less than twenty-four (24) hours in advance. An emergency cancellation in which a twenty-four (24) hour notice is not possible shall be accepted by the broker or Cabinet upon review and determination of the cancellation reason.

(b) A recipient who fails to show for a scheduled transportation service shall receive a letter from the Transportation Cabinet informing the recipient of the recipient's responsibility in scheduling and cancelling trips.

(10) A recipient that engages in abusive, violent, seriously disruptive, or illegal conduct or contact shall lose his or her transportation privileges with approval from the cabinet.

(11) If a recipient poses an immediate danger to the driver or other passengers, the driver shall call for emergency assistance.

(12) A recipient may call a broker or the cabinet's toll free complaint phone line to lodge a complaint.

(13) Failure to abide by subsections (3) through (11) of this section shall be cause for trip denial as established in KRS 281.872.

Section 17. Program Coordinators. The cabinet shall employ program coordinators as established in KRS 281.872.

Section 18. Cabinet Performance Monitoring and Oversight.

(1) A broker shall demonstrate operational readiness to the cabinet in an onsite inspection in the following areas:

(a) Hours of service and operation;

(b) Scheduling procedures;

(d) Urgent care and immediate TANF transportation;

(e) Driver conduct, qualification, and training;

(f) Passenger requirements;

(g) Vehicle requirements, inspections, and vehicle inventory;

(h) Back-up service;

(i) Appeals and complaint procedures;

(j) Telephone systems and reporting procedures, including TTY;

(k) Computer and technological capabilities;

(l) Driver manifest form procedures submittal and receipt;

(m) Roles and job descriptions of staff; and

(n) Educational and orientation procedures.

(2) A broker shall develop a Transportation Cabinet approved operational procedures manual for each region. The manual shall:

(a) Be developed by the broker to outline the basic operations procedure for that region;

(b) Include the procedure for reservations and dispatch, requirements for eligibility and intake, a call center, out of region services, coordination, and recipient classification levels; and

(c) Be reviewed by the cabinet each year during the broker's assessment while on-site. If there are changes made to the plan in between the annual on-site assessment, the broker shall notify the Cabinet.

(3) Each broker shall set up toll free lines giving the human service transportation delivery recipients and the general public information about the availability of services.

(4)

(a) A broker shall be available for scheduled visits by the Transportation Cabinet twice a year to assess operations and performance, and discuss service issues.

(b) A subsequent meeting or visit may be held as needed or requested by the broker or the cabinet.

(d) A broker shall be available for periodic conference calls with the cabinet to discuss issues, policy, and procedures.

(5)

(a) A driver performing under the human service delivery network shall be subject to random drug and alcohol testing.

(b) A new hire safety-sensitive employee for a transportation provider shall be required to pass a preemployment drug test.

(6)

(a) Each broker shall submit the results of random drug and alcohol screenings to the Kentucky Transportation Cabinet on a monthly basis.

(b) All broker and subcontractor trips shall be reported and the dollar amount paid for each one (1) way trip.

(c) This information shall be reported in a computer ACCESS or Excel format pursuant to each broker's contract with the Finance and Administration Cabinet.

(7)

(a) The Transportation Cabinet shall compile a monthly report containing operating information on each program operated by the brokers including rural public transportation, and denoting fleet, miles, hours, fuel, revenues, and expenses.

(b) The statistics shall be used for analysis and reporting to other state agencies and to the Federal Transit Administration (FTA). The cabinet shall issue a standard monthly summary form to each broker pursuant to each broker's contract with the Finance and Administration Cabinet.

(8) The broker shall submit line item invoice forms each month to the cabinet with the request for reimbursement and detail current month's expenses broken out by line item, including salaries, subcontractor payments, maintenance, and fuel.

(9)

(a) The broker, at its own expense, shall have an independent audit performed for the past fiscal year.

(b) This audit shall be conducted in accordance with applicable federal and state law, and be delivered to the cabinet by March 31 of the following fiscal year of service.

(10)

(a) Formalized program integrity plans shall be submitted by the broker to the Transportation Cabinet that define the broker's program for identifying and deterring any suspected fraud or abuse activities within the human service transportation delivery program.

(b) The Transportation Cabinet shall issue a statewide program integrity plan format for all brokers. The program integrity plan format shall identify ways each broker shall handle allegations of fraud, waste, and abuse of the program's resources.

(11)

(a) Each broker shall develop and maintain a quality assurance plan. The plan shall address the following:

The scheduling and delivery of transportation services;
The broker's methodology for the identification and correction of problems relating to the scheduling and delivery of transportation services; and
Subcontractor payment efficiency.

(b) The Transportation Cabinet shall require the broker to compile and provide to the cabinet data that further tracks the broker's performance including:

Those items in Section 25(3) of this administrative regulation; and
Drug and alcohol reports.

(12)

(a) Each broker shall have a disaster recovery plan that shall include the broker's plan to ensure continuous operations and services for recipients if there is an emergency.

(b) The broker shall not transport in conditions that may negatively affect the health and safety of a driver or a passenger.

(c) The broker shall establish and maintain an inclement weather transportation policy that has been approved by the Transportation Cabinet. The inclement weather transportation policy shall detail the broker's plans in response to inclement weather, including directions for drivers, notifications to recipients and the media, and a back-up plan to continue providing transportation.

(d) If needed, the broker shall contact the National Guard or other emergency units to assist in the transport of dialysis clients or urgent care.

(e) The broker shall operate on all routes or highways that are deemed safe, thereby offering limited services during inclement weather.

(13) A broker shall submit monthly vehicle inventory data listing the number of vehicles used by each transportation provider in the delivery of human services transportation.

Section 19. Fines and Penalties.

(1) A broker that fails to perform according to contractual obligations or statutory requirements and whose noncompliance causes a recipient to miss a scheduled appointment shall receive a written warning from the Transportation Cabinet outlining the provisions of noncompliance.

(2) A broker that receives a second written warning from the cabinet within a thirty (30) day period shall submit a corrective action plan to the cabinet within ten (10) days of receipt of the written warning.

(3) A broker that receives a third written notice from the cabinet within a thirty (30) day period shall:

(a) Receive a written reprimand outlining the provisions of non-compliance;

(b) Receive notice in writing of a fine of $1,000 as established in KRS 281.872(3).

Section 20. Broker Appeal Process.

(1) A broker shall have fifteen (15) days to appeal the notice of a fine pursuant to KRS 281.872(3).

(2) An appeal shall be in writing and mailed to: Kentucky Transportation Cabinet, Executive Quality Management Committee (EQMC), Office of Transportation Delivery, 200 Mero Street, Frankfort, Kentucky 40622.

(3) The appeal of a fine shall be received ten (10) days prior to the next regularly scheduled EQMC meeting in order to be included on that agenda.

(4) An imposed fine shall be deducted from the monthly capitated payment made to the broker prior to the issuance of the monthly invoice.

Section 21. Revocation.

(1) A broker who is required to pay a fine pursuant to KRS 281.872(3) shall be subject to having his or her contract revoked by the Transportation Cabinet within ninety (90) days of:

(a) The notice of a fine if it is accepted by the broker and not appealed; or

(b) The date of the EQMC hearing decision.

(2) A broker whose contract is revoked shall be prohibited from participating in the human service transportation delivery program for five (5) years.

Section 22. Recipient Appeal Process. A Medicaid recipient shall have the right to appeal a denial of transportation as established in 907 KAR 1:563.

Section 23. Right to Choose Transportation Provider.

(1) A participant may select an eligible subcontractor or the broker for the area, if the broker also provides transportation services within the delivery area, as established by KRS 281.874.

(2)

(a) The broker shall schedule the trip with a participating provider if the recipient does not express a preference.

(b) A person expressing a personal preference under this section shall contact the broker as established in KRS 281.874(2).

(3) If the recipient allows the broker to choose a provider, the criteria for trip distribution shall include in order of priority:

(a) Coordination;

(b) Cost efficiencies; or

(c) If the first two (2) criteria are not met, rotating certificate type 07 and certificate type 08 trips among providers, including the broker.

(4)

(a) The broker and transportation provider shall evaluate routes presently utilized by the eligible recipients.

(b) If the broker determines that a route is inefficient, the broker shall elect a more efficient route.

(5) The Transportation Cabinet shall resolve any disputes regarding choice of transportation provider.

Section 24. Cabinet Responsibilities.

(1)

(a) The Transportation Cabinet shall establish provider rates for each certificate type for each human service transportation delivery area.

(b) The rates shall be uniform for the same certificate types for all eligible providers, including the broker in each delivery area.

Geographical terrain;
Trip distance;
Recipient population;
Availability of medical and employment facilities;
Labor and economic factors; and
Utilization of services.

(2)

(a) A forty-five (45) day notice shall be given to all brokers by the cabinet prior to any changes made to the subcontractor rates.

(b) A broker may waive the forty-five (45) day notice requirement in writing to the cabinet.

Section 25. Safety and Accountability.

(1) A broker or subcontractor shall maintain records for five (5) years.

(2) Employees of a broker or subcontractor shall sign confidentiality statements regarding access to, or disclosure of, confidential information or records.

(3) Collection and retention of records to be maintained by each broker or subcontractor pertaining to human service transportation delivery shall include:

(a) Encounter data;

(b) Complaint tracking;

(d) Trip invoices;

(e) Phone reports;

(f) Subcontractor requests;

(g) Audits;

(h) Line-item budgets;

(i) Monthly pay document submittals; and

(j) Vehicle inventory reports.

(4) Collection and retention of encounter data on each trip shall be made by the broker if the broker provides transportation services, and by each subcontractor.

(5) Failure of a broker to timely record and report all data and broker trips as established in KRS 281.875 shall be grounds for the Commonwealth to terminate the broker's contract.

(6) A transportation broker or subcontractor exempted in 601 KAR 1:005 shall comply with the provisions of 49 C.F.R. Part 655.

(7)

(a) A transportation broker, provider, or subcontractor who operates a motor vehicle that is not subject to the provisions of 601 KAR 1:005 shall maintain each of the vehicles in a safe operating condition consistent with Section 13 of this administrative regulation.

(b) A motor vehicle being operated pursuant to the provisions of this administrative regulation that is not subject to the provisions of 601 KAR 1:005 shall be inspected on an annual basis by an automotive technician.

(c) Prior to a motor vehicle being operated pursuant to this administrative regulation, the transportation broker or provider shall obtain written proof that the motor vehicle has passed a safety inspection by an automotive technician.

Section 26. Incorporation by Reference.

(1) The following items are incorporated by reference:

(a) "Medical Transportation Classification Form", June 2011; and

(b) "Kentucky Non-Emergency Medical Transportation Program Medicaid Medical Referral Form", June 2011.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Transportation Delivery, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8:00 a.m. to 4:30 p.m. The telephone number is (502) 564-4733.

History

RELATES TO: KRS 96A.010-96A.370, 157.280, 163.470, 202B.010, 216.2925, 216.2927, 45 C.F.R. 164, 49 C.F.R. 655, 42 U.S.C. 12102, 49 U.S.C. 53
STATUTORY AUTHORITY: KRS 281.870, 281.875
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.870(3) requires the cabinet to promulgate administrative regulations specifying the duties and responsibilities of the Coordinated Transportation Advisory Committee (CTAC). KRS 281.875 requires the cabinet to promulgate administrative regulations concerning the human service transportation delivery program. This administrative regulation establishes procedures governing the human service delivery program on behalf of the CTAC and the procedures required to provide efficient, safe, and coordinated transportation delivery to clients of the human service transportation delivery program.
History: 38 Ky.R. 313; 791; 1318; eff. 1-25-2012; Crt eff. 10-8-2018; Crt eff. 4-25-2025.

603 KAR 7:090 Railroads {#sec-603-kar-7-090 omnilex-key=us-ky-regs-official--title-603--603 KAR 7:090}

Section 1. Definition. "Railroad" means any person or entity engaged in the transportation of persons or property for compensation within this state by rail except street, suburban or interurban railway companies.

Section 2. Annual Reports.

(1) Any railroad that passes on rail within this Commonwealth shall file annual reports with the Office of Intermodal Programs in the Transportation Cabinet.

(2) Annual reports shall be filed on or before March 31 of each year.

(3) Annual reports shall include the following information:

(a) A copy of information contained in the annual report filed with the United States Surface Transportation Board or other proper federal agency relative to Kentucky including:

Summary of road property and equipment and improvements to leased property and equipment within the state;
Railway operating revenues earned within the state;
Railway operating expenses within the state;
Mileage operated at close of year within the state;
Statistics of rail-line operations within the state;
Revenue freight carried during the year within the state; and
Highway-rail grade crossing within the state; or

(b) In the event the company is not required to file the report referenced in subsection (3)(a) pursuant to federal law, a copy of the Kentucky form State Statistics, incorporated by reference.

Section 3. Railroad Routes.

(1) Railroads shall file a map of all active routes in the state on or before March 31 of each year.

(2) When a railroad in the Commonwealth of Kentucky discontinues service on any rail located within the state, the railroad shall send written notice of abandonment to the Office of Intermodal Programs within forty-five (45) days of filing an application for federal authority for abandonment.

Section 4. Accident Reports.

(1) If the on-track equipment of a railroad is involved in an accident within this state that results in loss of life, the owner or operator of the railroad involved shall notify the cabinet of the accident.

(2) Initial notice shall be given on or before the fifth day after the accident occurred and shall consist of a written notice stating date and location of accident. The day on which the accident occurred shall not be counted in determining the fifth day.

(3) In addition to the initial notice, the owner or operator of the railroad shall send a copy of all accident reports filed with the Federal Railroad Administration or other proper federal agency pursuant to 49 US 20901, or pursuant to the Federal Railway Safety Act to the Office of Intermodal Programs within five (5) days of filing the records.

(4) The notices required by this section may be filed electronically.

Section 5. Penalty.

(1) If a person or entity subject to this administrative regulation fails to file any of the forms or notices required in this administrative regulation, the cabinet may collect a penalty.

(a) The cabinet shall give the violator written notice of its intent to collect a penalty which shall:

State the amount of the penalty;
Identify the specific documents which were not filed; and
State that the violator has thirty (30) days to file the documents and avoid any penalty.

(b) The penalty shall not exceed $500.

(c) The penalty shall be waived if the violator complies with this administrative regulation within thirty (30) days of the date of the notice.

(2) Filing of incomplete forms shall be deemed a failure to file for purposes of this section. The notice and penalty requirements set forth in subsection (1)(a) of this section shall apply to incomplete filings.

Section 6. Incorporation by Reference.

(1) Kentucky Form State Statistics, revised 2001, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Division of Multimodal Programs, State Office Building Annex, 3rd Floor, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 174.057, 174.130, 177.120, 277.060, 277.070, 277.170, 277.240, 277.300
STATUTORY AUTHORITY: KRS 174.057
NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to KRS 174.057, the Transportation Cabinet has authority to regulate railroads and assume powers previously vested with the Railroad Commission. This administrative regulation establishes reporting requirements that will provide a means for review of railroad activity within the Commonwealth of Kentucky.
History: 603 KAR 007:090. 28 Ky.R. 195; 636; 867; eff. 10-2-2001; Crt eff. 3-11-2019; Crt eff. 12-16-2025.

Chapter 8 Transportation Scholarship Program

603 KAR 8:010 Transportation Scholarship Program {#sec-603-kar-8-010 omnilex-key=us-ky-regs-official--title-603--603 KAR 8:010}

Section 1. Responsibilities.

(1) The Secretary of Transportation shall be responsible for approving scholarships in civil engineering or engineering technology, or other branches of engineering when a need exists in the Transportation Cabinet.

(2) The State Highway Engineer, subject to the approval of the Secretary of Transportation, shall be responsible for the overall policies, guidance, administration, and proper utilization of the Transportation Scholarship Program.

(3) Universities participating in the program shall enter into a written agreement with the Transportation Cabinet in which the university agrees to accept the following responsibilities:

(a) Appoint a scholarship selection committee from the faculty of the university department affected. That committee will receive and review applications for scholarships to attend their university and make recommendations for awards to the State Highway Engineer.

(b) Notify all successful applicants of requirements for enrollment and attendance at the university.

(d) Provide to the Transportation Cabinet semester grades, semester grade point averages, and overall grade point averages for each scholarship student.

(e) Aid the cabinet in overall coordination of the program and provide space for meetings.

(f) Notify the cabinet immediately if any scholarship student fails to enroll or attend the university, or leaves the university.

Section 2. Eligibility. To be eligible for a scholarship, an applicant shall be:

(1) A senior attending an accredited Kentucky high school, or a high school graduate who is a resident of Kentucky; or

(2) A university student enrolled in preengineering, engineering, or engineering technology who is a resident of Kentucky and who meets minimum academic standards established by the Transportation Cabinet.

Section 3. Application for Scholarship. An eligible applicant shall submit a scholarship application to the university the applicant desires to attend by the deadline listed on the application. Application forms are available at each of the participating universities, accredited Kentucky high schools or the Kentucky Transportation Cabinet, Office of the State Highway Engineer, State Office Building, Frankfort, Kentucky.

Section 4. Award of Scholarship. Scholarships shall be awarded by the State Highway Engineer in accordance with recommendations by the university scholarship selection committees, except the numbers of scholarships may be reduced because of funding limitations, and except a scholarship may be denied to any student whose performance during work assignments with the cabinet has been unsatisfactory.

Section 5. Priority System.

(1) If the cabinet's need for civil engineers or civil engineering technologists exceeds the supply of available funds, a priority system for awarding scholarships shall be put into effect by the State Highway Engineer.

(2) Priority shall be given as follows:

(a) Priority 1 - University seniors already in the program.

(b) Priority 2 - University juniors already in the program.

(d) Priority 4 - Upper-class university students not in the program.

(e) Priority 5 - High school graduates applying for university freshman scholarships.

Section 6. Benefits.

(1) Subject to the availability of funds and changes in the cost of attending the universities, benefits for the scholarship students shall consist of a monthly stipend paid during the normal academic year.

(2) Stipend payments shall not be made during summer school unless a student is attending a surveying camp which is required for graduation and for which university credit is awarded. Such students shall continue on stipend during the camp.

(3) Benefits shall be payable to scholarship recipients enrolled in preengineering, civil engineering, or civil engineering technology at a state university which has a written agreement with the Transportation Cabinet. Scholarship recipients enrolled in other engineering programs will be paid benefits only if the Secretary of Transportation has declared there is a need in the Transportation Cabinet for engineers in branches other than civil.

Section 7. Scholarship Students. An applicant who is awarded a transportation scholarship shall comply with the following:

(1) Apply, be accepted, an enroll as a full-time student in preengineering, civil engineering, or civil engineering technology at a university with an agreement with the Transportation Cabinet.

(2) Pay all university tuition and fees, room, board, and book costs.

(3) Execute a contract with the Transportation Cabinet which requires at a minimum that:

(a) He shall provide the cabinet, on request, copies of all grade reports issued by the university.

(b) He shall pursue a degree in civil engineering or civil engineering technology on a full-time basis and maintain adequate grades as established by the Transportation Cabinet.

(c) He shall work one (1) calendar year for the Transportation Cabinet after graduation for each academic year a scholarship was received. Employment by any other agency of state government shall not satisfy this obligation.

(d) He shall refund all scholarship monies received in the event he breaches the scholarship program contract.

(e) He shall forfeit or refund the scholarship monies in the event he resigns from the Transportation Cabinet or scholarship program before completing the work obligation, fails to make adequate grades, fails to remain in school full-time pursuing a degree in engineering or engineering technology, or is dismissed after permanent employment due to his violation of any personnel statutes or administrative regulation before completing the work obligation.

Section 8. Work performed as a seasonal employee during periods a scholarship student is not in school shall not count toward the student's work obligation. However, if a student fails to complete a degree in civil or other branch of engineering or engineering technology but subsequently becomes a permanent, full-time employee of the Transportation Cabinet, work performed as a permanent, full-time employee shall satisfy the student's work obligation on a month-for-month basis.

History

RELATES TO: KRS Chapter 176, 1986 Acts ch. 401
STATUTORY AUTHORITY: KRS 174.080
NECESSITY, FUNCTION, AND CONFORMITY: An adequate staff is essential to the efficient operation of the engineering functions within the Transportation Cabinet. The purpose of the Transportation Scholarship Program is to provide highly qualified individuals to fill the cabinet's needs and improve the overall engineering expertise available within the cabinet. This administrative regulation provides policy and procedure for the Transportation Scholarship Program for civil engineers and civil engineering technologists, or other branches of engineering if approved by the Secretary of Transportation.
History: 11 Ky.R. 1103; eff. 3-12-1985; 14 Ky.R. 275; eff. 9-10-1987; Crt eff. 3-18-2019.

Chapter 9 Division of Planning

603 KAR 9:010 Railroad crossing closure procedure {#sec-603-kar-9-010 omnilex-key=us-ky-regs-official--title-603--603 KAR 9:010}

Section 1. Candidate Lists.

(1) The Transportation Cabinet shall compose a list of candidate railroad crossings for possible closure or other appropriate action drawn from the following sources:

(a) Responses to a letter sent to each county or local government in the Commonwealth through which railroad rights-of-way pass requesting a list of railroad crossings suggested for closure;

(b) Responses to a letter sent to each railroad company operating in the Commonwealth requesting a list of railroad crossings suggested for closure;

(d) Railroad crossings which the Transportation Cabinet considers candidates for closure.

(2) The Transportation Cabinet may consider any railroad crossing as a candidate for closure when:

(a) An alternate railroad crossing is available within one-quarter (1/4) track mile in urban areas and the railroad crossing has a current average daily traffic count of 500 vehicles or less;

(b) An alternate railroad crossing is available within one (1) track mile in rural areas and the railroad crossing has a current average daily traffic count of 150 vehicles or less; or

(c) The railroad crossing has sight distance obstructions or other layout characteristics which create unsafe conditions and closure of the railroad crossing is an economically preferable alternative to correcting the deficiencies at the site, and an alternate crossing is available as required in paragraphs (a) and (b) of this subsection.

(3) The Transportation Cabinet shall consider action other than closure when the conditions set forth in subsection (2)(c) of this section are not met at a particular crossing, but when there are unusual safety concerns about the crossing.

Section 2. Evaluation.

(1) The Transportation Cabinet's recommendation regarding a candidate railroad crossing shall include one (1) or more of the following factors:

(a) Highway traffic flow through the railroad crossing;

(b) Highway operating speeds through the railroad crossing;

(d) Train speed through the railroad crossing;

(e) Character, function and type of highway traffic through the railroad crossing;

(f) The necessity of the crossing for provision of emergency services;

(g) Accident history at the railroad crossing for the past five (5) years;

(h) Railroad crossing geometry including sight distance, acute crossing angle, high profile;

(i) Type of warning device currently in place at the railroad crossing;

(j) Condition of alternate railroad crossing surface;

(k) Condition of alternate railroad crossing;

(l) Distance and time to alternate railroad crossing;

(m) Character of adjacent road network;

(n) Reasonable access to public and private lands;

(o) Use of the railroad crossing by pedestrians and bicycles;

(p) Frequency of roadway blockage by trains;

(q) Community impacts of train whistle;

(r) Economic importance of the railroad crossing;

(s) Development projections in the vicinity of the railroad crossing; or

(t) Funding availability, or potential availability, for action other than closure.

(2)

(a) The Transportation Cabinet may consider a number of railroad crossings as a group in evaluating the merits of closing a given railroad crossing. If many railroad crossings of a rail line exist close together, the cabinet may recommend that one (1) or more of the railroad crossings be closed, subject to other evaluation criteria.

(b) The Transportation Cabinet may perform or recommend the performance of a traffic study of the road network in the vicinity of a railroad crossing being considered for closure to analyze the effect of the closure on users of the railroad crossing and on local traffic flow.

(c) The Transportation Cabinet may evaluate a railroad crossing in terms of its economic costs and benefits, considering:

The railroad crossing's effects on highway and rail operations safety;
Changes in highway capital and maintenance costs due to closure;
Effects on local business operations and property values, either positive or negative;
Effects on rail and highway vehicle operating costs due to closure; or
Any other effect which may have economic impact.

Section 3. Data Verification. If the evaluation performed pursuant to Section 2 of this administrative regulation indicates that a railroad crossing is a candidate for closure, the Transportation Cabinet shall:

(1) Provide notification to the jurisdictional local government unit and appropriate railroad company of the potential for closure of the crossing;

(2) Verify elements of its information file which are critical to accurate evaluation of the particular railroad crossing. This verification shall, as available, consist of the following:

(a) Collection of updated information from local officials;

(b) Collection of updated information from officials of the affected railroad company; and

Section 4. Public Input.

(1) If based on the evaluation results of Sections 2 and 3 of this administrative regulation the Transportation Cabinet reaches a preliminary decision to recommend closure of a railroad crossing, the Transportation Cabinet may conduct public information meetings regarding the proposed railroad crossing closure in the region affected by the proposed closure.

(2) If a hearing is requested as specified in KRS 177.120(3), the Transportation Cabinet shall hold a public comment hearing in accordance with 600 KAR 1:030.

(3) The Transportation Cabinet Secretary's decision following the public hearing shall be based on the evaluation performed and information obtained in Sections 2 and 3 of this administrative regulation, subject to new information acquired through the public information and hearing process.

Section 5. Official Order.

(1) If the Transportation Cabinet's final decision is to close the candidate railroad crossing, the secretary shall issue an official order to that effect.

(2) The official order shall have an effective date far enough in advance of its issuance to allow the local government unit having jurisdiction to comply with the requirements of KRS 178.050.

(3) After the issuance of the official order by the secretary:

(a) The railroad involved shall physically remove the crossing from the tracks; and

(b) The entity maintaining the highway shall:

Remove or barricade the approaches to the crossing; or
Sign the approaches in accordance with the requirements of 603 KAR 5:050.

Section 6. Local Closures. The Transportation Cabinet's railroad crossing closure program, as mandated by KRS 177.120, shall not preclude local officials and railroad companies from pursuing railroad crossing closure agreements independent of the cabinet's program.

History

RELATES TO: KRS 177.120-177.130
STATUTORY AUTHORITY: KRS 177.120
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.120 requires the Transportation Cabinet to promulgate administrative regulations that contain standards governing the closure of public railway/highway grade crossings. This administrative regulation sets forth procedures the Transportation Cabinet shall follow regarding the production of a list of railroad crossings which shall be considered for closure, the evaluation of the candidate list with respect to possible closure, and the ultimate decision to recommend closure. KRS 177.120 considers that public safety will be enhanced by the closure of redundant and inherently dangerous crossings.
History: 19 Ky.R. 2757; 20 Ky.R. 307; eff. 8-3-1993; 2673; eff. 5-18-1994; 21 Ky.R. 2239; 3025; eff. 6-1-1995; Crt eff. 3-11-2019; Crt eff. 2-23-2026.

603 KAR 9:020 Automatic gates at public grade crossings {#sec-603-kar-9-020 omnilex-key=us-ky-regs-official--title-603--603 KAR 9:020}

Section 1. Definition. "Public grade crossing" means as defined in KRS 177.010(4).

Section 2. Qualifying Accident. In evaluating the public grade crossing accident reports, the Transportation Cabinet shall exclude the reports showing the following causes or circumstances associated with the highway vehicle/train collision which are not related to a warning device:

(1) The highway vehicle was not performing a railroad/highway crossing maneuver at the time of the collision;

(2) The driver of the highway vehicle made a willful decision to disregard the warning that a train was approaching and to place self at risk;

(3) The driver of the highway vehicle was warned of the approach of the train but was unable to stop the highway vehicle because of excessive speed or adverse highway conditions;

(4) The driver of the highway vehicle left the scene of the accident prior to the investigation;

(5) The driver of the highway vehicle was stopped on the railroad tracks prior to the approach of a train because of traffic congestion on the highway;

(6) The highway vehicle was struck by another vehicle and propelled into the crossing; or

(7) The driver of the highway vehicle did not hold an operator's license of the type necessary for the operation of that highway vehicle; or

(8) The driver of the highway vehicle was not in control of the vehicle due to external circumstances such as illness.

Section 3. Abandoned Rail Line. If the rail line has been proposed for abandonment, the Transportation Cabinet shall not consider placement of automatic crossing gates unless the abandonment proposal is rejected.

History

RELATES TO: KRS 189.561
STATUTORY AUTHORITY: KRS 189.561, 23 C.F.R. Part 924
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.561 requires the Transportation Cabinet to investigate any public grade crossing not equipped with automatic crossing gates, which has an average daily traffic volume of 4000 or more vehicles and at which two (2) or more accidents involving a train and other vehicle have occurred within a five (5) year period. Excluded are nonfatal accidents caused by mechanical failure of the motor vehicle, accidents in which the operator of the highway motor vehicle was in violation of KRS Chapter 189A, or other nonwarning signal related cause as set forth by the Transportation Cabinet in administrative regulation. This administrative regulation sets forth the list of nonwarning signal related accidents.
History: 21 Ky.R. 2343; 2718; eff. 6-1-1995; Crt eff. 3-11-2019; Crt eff. 2-23-2026.

Chapter 10 Billboards

603 KAR 10:040 Advertising devices {#sec-603-kar-10-040 omnilex-key=us-ky-regs-official--title-603--603 KAR 10:040}

Section 1. Definitions.

(1) "Abandoned" means that, for a period of one (1) year or more, an advertising device previously lawfully erected has:

(a) Not displayed advertising;

(b) Displayed obsolete advertising; or

(2) "Activity boundary line" means the delineation on a property of those regularly used buildings, parking lots, storage, and process areas that are integral and essential to the primary business activity that takes place on the property.

(3) "Advertiser" means a person or entity entered into a contractual agreement with the owner of an advertising device for advertisement services in the advertiser's interest that is displayed upon the subject advertising device at the time of violation.

(4) "Advertising device" is defined by KRS 177.830(5).[

(5) "Centerline of the highway" means a line:

(a) Equidistant from the edges of the median separating the main traveled ways of a divided:

Interstate;
Parkway;
National highway system; or
Federal-aid primary highway; or

(b) That is the centerline of the main traveled way of a non-divided:

Interstate;
Parkway;
National highway system; or
Federal-aid primary highway.

(6) "Commercial or industrial activities" is defined by KRS 177.830(9).

(7) "Commercial or industrial land use":

(a) Means an activity, in a zoned area within 660 feet of the interstate or parkway right-of-way, engaged in for financial gain; and

(b) Does not mean:

The leasing of property for residential purposes;
An activity conducted in a building principally used as a residence;
An agricultural, forestry, ranching, grazing, farming, or related enterprise, including a wayside fresh produce stand;
Operation, maintenance, or storage of an advertising device;
A railroad track or minor siding; or
A facility generally recognized as a utility, such as a cell tower.

(8) "Commercial or industrial zone" means an area adjacent to a highway zoned to allow business, commerce, or trade as established in local ordinance or regulation.

(9) "Compensation" is defined by KRS 177.830(11).

(10) "Conversion" or "converted" means to legally modify or change a legal permitted static advertising device to a legal permitted electronic advertising device or a legal permitted electronic advertising device to a legal permitted static advertising device and can include the replacement of the device face, facing, or structure.

(11) "Department" means the Department of Highways within the Kentucky Transportation Cabinet.

(12) "Destroyed" means an advertising device damaged beyond substantial repair due to weather related events, vandalism, or other criminal or tortious acts.

(13) "Electronic advertising device":

(a) Means an advertising device that changes its message or copy by programmable electronic or mechanical processes; and

(b) Does not mean a numerical display changed by an electronic or mechanical process not exceeding one-half (1/2) of the face.

(14) "Enlargement" means an addition to the permitted area of the facing of an advertising device.

(15) "Erect":

(a) Means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or bring into being or establish; and

(b) Does not mean routine maintenance, including changing of a message or copy.

(16) "Exchange credit" means a singular allotment of value assigned by the department for the removal of an approved eligible advertising device that can be transferred or redeemed by its owner in exchange for future qualification of an electronic advertising device permit.

(17) "Extension" means a temporary addition to an advertising device for a message or copy.

(18) "Face" means the part of the advertising device including trim and background that contains the message, copy, and informative content.

(19) "Facing" means the face or faces displayed on the same advertising device and oriented in the same direction of travel.

(20) "Federal-aid primary highway" is defined by KRS 177.830(3) and, pursuant to 23 U.S.C. 131, refers to the existence of the highway on June 1, 1991.

(21) "FHWA adjusted urban area boundaries" means a boundary, in addition to the urban area boundary, established by the department designed to encompass areas outside municipal boundaries that have urban characteristics with residential, commercial, industrial, or national defense land uses.

(22) "Highway" means:

(a) An interstate, parkway, national highway system, or federal-aid primary highway located within the boundaries of the state of Kentucky and being further depicted by the Transportation Cabinet on http://maps.kytc.ky.gov/PAFOA/; and

(b) A public road maintained by the department.

(23) "Interstate highway" is defined by KRS 177.830(2).

(24) "Lawfully erected" means erected in compliance with law and administrative regulations in effect at the time of erection or as later allowed by law.

(25) "Legal permitted " means written authorization granting the erection or continued existence of an advertising device in compliance with current state law and administrative regulation.

(26) "Main traveled way":

(a) Means the traveled way of a highway on which through traffic is carried; and

(b) Does not mean frontage roads, turning roadways, or parking areas.

(27) "Nit" means a unit of measurement of luminance used to specify the brightness or the intensity of visible light from a device.

(28) "Nonconforming advertising device" means an advertising device that was once lawfully erected but does not comply with:

(a) Current state law or this administrative regulation; or

(b) Changed conditions such as:

A change in zoning;
The relocation or reclassification of a highway;
A change in restriction on size, space, or distance; or
The abandonment of required business or businesses.

(29) "Nonconforming permit" means written authorization allowing the continued existence of a nonconforming advertising device, subject to current state law and this administrative regulation.

(30) "Official sign" means a sign located within the highway right-of-way that has been installed by or on behalf of the department or another public agency having jurisdiction.

(31) "Permit" means written authorization allowing the erection or continued existence of an advertising device, subject to current state law and this administrative regulation.

(32) "Protected area" means the area adjacent to the right-of-way of an interstate, parkway, national highway system, or federal-aid primary highway, and being:

(a) Within 660 feet from the edge of the right-of-way in an area defined as an urban area; and

(b) Within and extending beyond 660 feet from the edge of the right-of-way outside of an area defined as an urban area.

(33) "Scenic byway" is defined by KRS 177.572.

(34) "Scenic highway" is defined by KRS 177.572.

(35) "Static advertising device" means an advertising device that does not use electric or mechanical technology to change the message or copy but can include a numerical display changed by an electronic or mechanical process that does not exceed one-half (1/2) of the face.

(36) "Substantial repair" means the cost to repair the advertising device would exceed sixty (60) percent of the costs to replace it with an adverting device of the same basic construction using new materials and at the same location.

(37) "Substantial structure" means an affixed, solid, or strong permanent construction.

(38) "Turning roadway" means a connecting roadway for traffic turning between two (2) intersecting lanes of an interchange.

(39) "Unzoned commercial or industrial area" is defined by KRS 177.830(8).

(40) "Urban area" is defined by KRS 177.830(10) as well as any adjacent geographical area identified as FHWA Adjusted Urban Area Boundaries.

(41) "Visible" means capable of being seen without visual aid by a person of normal visual acuity.

Section 2. Conditions Relating to Static and Electronic Advertising Devices Located in a Protected Area.

(1) A static or an electronic advertising device located in a protected area of an interstate, parkway, national highway system, or federal-aid primary highway displaying copy or a message, whether or not legible, that is visible from the main traveled way shall require a permit issued by the department.

(2) A permit shall only be issued for a device in a protected area of:

(a) An interstate or parkway being erected or maintained fifty (50) feet or more from the edge of the main traveled way or turning roadway that:

Is zoned commercial or industrial and was an incorporated municipality on or before September 21, 1959; or
Was zoned commercial or industrial and included a commercial or industrial land use on or before September 21, 1959; or

(b) A national highway system or federal-aid primary highway being erected or maintained in:

A commercial or industrial zone; or
An unzoned commercial or industrial area with a commercial or industrial activity that is located on the same side of the highway and within 700 feet of the activity boundary line measured perpendicular to and along the centerline of the highway; and

(3) To establish a protected area, the distance from the edge of a state-owned right-of-way shall be measured perpendicular to and along the centerline of the interstate, parkway, national highway system, or federal-aid primary highway.

(4) The erection or existence of an advertising device shall be prohibited in a protected area if the device:

(a) Is abandoned;

(b) Is not clean and in good repair;

(d) Directs the movement of traffic;

(e) Interferes with, imitates, or resembles an official traffic sign, signal, or traffic control device;

(f) Prevents the driver of a vehicle from having a clear and unobstructed view of an official sign or approaching or merging traffic;

(g) Is erected or maintained upon a tree;

(h) Is erected upon or overhanging the right-of-way;

(i) Is mobile, temporary, or vehicular;

(j) Is a static advertising device and painted or drawn on rocks or another natural feature; or

(k) Is a static advertising device and includes or is illuminated by flashing, intermittent, or moving lights.

(5) The spacing, measured perpendicular to and along the centerline of the highway, between static and electronic advertising devices with visible facings oriented in the same direction of travel on:

(a) Interstates, parkways, national highway systems, or limited access federal-aid primary highways shall be a minimum of:

2,500 feet between electronic advertising devices;
500 feet between an electronic advertising device and a static advertising device; or
500 feet between a static advertising device and another static advertising device; and

(b) Non-limited access federal-aid primary highways shall, pursuant to KRS 177.863(2)(a), be a minimum of:

300 feet between advertising devices, unless separated by a building, natural obstruction, or roadway, in a manner so that only one (1) sign located within the required spacing distance shall be visible from the highway at any given time; or
100 feet between advertising devices if located within an incorporated municipality.

(6) An advertising device displaying copy or message, whether or not legible, that is visible from more than one (1) interstate, parkway, national highway system, or federal-aid primary highway shall meet the requirements of this section for each highway independently.

(7) An electronic advertising device shall only be erected or maintained within an urban area located within 660 feet of right-of-way of a highway.

(8) A static advertising device shall not be converted to an electronic advertising device prior to receiving a permit pursuant to Section 6 of this administrative regulation.

(9) An electronic advertising device shall not be converted to a static advertising device prior to receiving a permit pursuant to Section 6 of this administrative regulation.

(10) Lighting used for a static advertising device shall be:

(a) Only white;

(b) Effectively shielded to prevent a beam of light from being directed at the interstate, parkway, national highway system, or federal-aid primary highway;

(c) Of low intensity that shall not cause glare or impair the vision of a driver or interfere with the operation of a motor vehicle; and

(d) Of a luminance less than 300 nits.

(11) An electronic advertising device erected or maintained in a protected area shall:

(a) Not have a facing larger than 672 square feet;

(b) Not have more than one (1) face per facing;

(d) Not have interior angles between two (2) facings that exceed forty-five (45) degrees; and

(e) Be equipped with a sensor or other device that automatically determines the ambient illumination and shall be programmed to automatically dim to a luminance of 300 nits or less if the ambient light is one and one-half (1.5) foot candles or less. Software calibration reports or relevant data to determine compliance with this requirement shall be provided to the department upon request.

(12) The message or copy on an electronic advertising device shall:

(a) Be static for at least eight (8) seconds;

(b) Change from one (1) message or copy to another in less than two (2) seconds;

(d) Be programmed to freeze in a static display if a malfunction occurs.

(13) A static advertising device:

(a) Shall not:

Exceed the maximum size of 1,250 square feet per facing as established in KRS 177.863(3)(a);
Contain more than two (2) advertisements or faces per facing pursuant to KRS 177.863(3)(b); or
Have interior angles between two (2) facings that exceed forty-five (45) degrees if device has more than two (2) faces; and

(b) May contain extensions up to fifteen (15) percent of the face of the advertising device but shall not exceed the maximum size limits of the facing of the device established in KRS 177.863(3)(a).

(14) Static advertising devices that are no more than fifteen (15) feet apart at the nearest point between the devices and have the same ownership shall be counted as a single device.

(15) The name of the owner of an advertising device shall:

(a) Be legible from the main traveled way;

(b) Not be larger than twenty (20) square feet;

(d) Not be considered an advertisement.

Section 3. Exchange of Advertising Device for Permit.

(1) An advertising device proposed for exchange shall require eligibility approval by the department pursuant to this section prior to removal.

(2) The owner of an approved advertising device exchange shall receive an exchange credit by the department upon verification of removal.

(3) An advertising device eligible for exchange shall be:

(a) Currently nonconforming as established in Section 4 of this administrative regulation or pursuant to local regulations;

(b) Not less than fifty (50) square feet per facing; and

(4) The submittal of six (6) exchange credits shall be required for one (1) new electronic advertising device permit located within the protected area of an interstate, parkway, national highway system, or federal-aid primary highway.

(5) The submittal of five (5) exchange credits shall be required for the conversion of an existing legal permitted static advertising device in an urban area to an electronic advertising device.

(6) If an Application for Electronic Advertising Device is denied by the department, the department shall hold and apply any exchange credits pending the outcome of any subsequent appeal or until exchange credits can be applied toward another approved application.

(7) If the permittee voluntarily removes an advertising device and receives an exchange credit, the permittee shall thereby waive any right or claim to any additional compensation from the department for that device.

(8) The ownership of an exchange credit may be transferred with acknowledgment of the department and shall be submitted on a completed Advertising Device or Exchange Credit Ownership Transfer, TC Form 99-224.

Section 4. Nonconforming Static and Electronic Advertising Devices.

(1) A nonconforming advertising device in a protected area shall require a nonconforming permit.

(2) A nonconforming advertising device permit shall be required to be renewed annually pursuant to Section 6 of this administrative regulation.

(3) A nonconforming advertising device may remain in place if the device:

(a) Is not abandoned;

(b) Has been subjected to only routine maintenance as established in subsection (4) of this section;

(c) Was in compliance with state law and KAR Title 603 as well as local zoning, sign, or building restrictions at the time of erection; and

(d) Remains unaltered beyond the extent of routine maintenance as it was on the effective date of the state law or requirement of KAR Title 603 that made the device nonconforming.

(4) An owner may conduct routine maintenance of a nonconforming advertising device. Routine maintenance shall include:

(a) In kind replacement of material components with a like material component;

(b) Painting of supports and frames;

(d) Replacement of nuts, bolts, or nails;

(e) A safety related addition, such as a catwalk, that does not prolong the life of the advertising device but provides protection for workers;

(f) Rebuilding a destroyed advertising device; or

(g) Changing an advertising message or copy on an advertising device.

(5) An owner shall not conduct non-routine maintenance of a nonconforming advertising device. Non-routine maintenance shall include:

(a) Enlargement of the device;

(b) A change in the structural support including material diameters, dimensions, or type that would result in increased economic life, such as replacement of wood posts with steel posts or the replacement of a wood frame with a steel frame;

(d) A change in the location or configuration of the device;

(e) A change in the direction or configuration of the face or faces;

(f) The addition of a light or lights, either attached or unattached, to help illuminate the nonconforming static adverting device structure that previously had no lighting for illumination; or

(g) The addition of a variable or changeable message capability including a numerical display that is changed by an electronic or mechanical process on a static advertising device.

(6) Non-routine maintenance on a nonconforming advertising device shall constitute a violation of this administrative regulation and result in the loss of nonconforming classification and action pursuant to Section 8 of this administrative regulation.

Section 5. Scenic Highways and Byways.

(1) Subsequent to the designation of a scenic highway by the Transportation Cabinet, additional static or electronic advertising devices shall not be erected, allowed, or permitted that are visible from the scenic highway.

(2) The sponsor of a scenic byway application may petition the Transportation Cabinet to impose the same administrative regulations for a static or electronic advertising device located on a scenic byway as a static or electronic advertising device located on a scenic highway.

(3) Only routine maintenance as established in Section 4(4) shall be performed on a static or electronic advertising device legally in existence on the date of the scenic highway designation.

Section 6. Permits, Renewals, and Transfers.

(1) The requirements of this section shall apply to legal and nonconforming advertising devices within a protected area of an interstate, parkway, national highway system, or federal-aid primary highway.

(2) A permit shall be required from the department for a legal and nonconforming advertising device located within a protected area.

(3) The initial permit shall be valid until the expiration of the applicable renewal period. If the renewal period falls within three (3) months of the initial permit issuance, the initial permit shall be valid until the next renewal period.

(4) An application for a static or an electronic advertising device permit shall be submitted on a completed Application for Static Advertising Device, TC Form 99-221 or Application for Electronic Advertising Device, TC Form 99-222.

(5) Application for an advertising device permit and annual permit renewal shall require a fee pursuant to KRS 177.860(1) and as established in Section 7 of this administrative regulation.

(6) The timing of issuance of an advertising device permit shall be determined based on the order in which a completed application and payment of applicable fees are made to the department.

(7) The permit issued for the erection of a static or electronic advertising device that has not been constructed prior to the renewal date shall be revoked.

(8) If an advertising device is erected or maintained without an approved permit, the department shall issue a notice of violation to the owner of the device. If the owner of the device cannot be identified, the department shall send notice to the landowner of record.

(9) If a violation is not cured within sixty (60) days of the date of receipt of the notice, the owner or landowner shall be subject to:

(a) A fine of $500 per violation pursuant to KRS 177.990(2); and

(b) Action pursuant to Section 8 of this administrative regulation.

(10) Between the renewal period of November 1 and December 31, a completed Advertising Device Annual Permit Renewal Request, TC Form 99-223, and applicable photographs shall be submitted beginning in 2023. An incomplete or inaccurate submission shall not be considered by the department.

(11) Annual permit renewals shall require a fee in the amount of $100 per each static or electronic advertising device pursuant to KRS 177.860(1).

(12) Failure to submit a completed Advertising Device Annual Permit Renewal Request, TC Form 99-223, applicable photographs, and payment of applicable fees within thirty (30) days of the expiration of the permit shall result in:

(a) The owner of the legal and nonconforming advertising device being fined $500 per permit violation pursuant to KRS 177.990(2); and

(b) Conditional suspension of the permit.

(13) Upon receipt of a completed Advertising Device Annual Permit Renewal Request, TC Form 99-223, applicable photographs, and payment of applicable fees and fines within sixty (60) days of the expiration, the suspended permit shall be reinstated if compliant with current law and this administrative regulation.

(14) Failure to submit a completed Advertising Device Annual Permit Renewal Request, TC Form 99-223, applicable photographs, and payment of applicable fees and fines within sixty (60) days of the expiration of the permit shall result in:

(a) Revocation of the permit;

(b) Loss of nonconforming classification for a nonconforming advertising device; and

(15) A static or electronic advertising device may be sold, leased, or otherwise transferred without affecting its status, but its location or configuration shall not be changed. A transfer of ownership for an advertising device shall be submitted on a completed Advertising Device or Exchange Credit Ownership Transfer, TC Form 99-224.

(16) Notification of a substantial change to an approved static or electronic advertising device permit shall be submitted and approved by the department prior to work being performed. Substantial change to an advertising device shall include:

(a) Enlargement of the device;

(b) Replacement, rebuilding, or re-erection of a device that has not been destroyed;

(c) A change in the structural support including material diameters, dimensions, or type that would result in increased economic life, such as replacement of wood posts with steel posts or the replacement of a wood frame with a steel frame;

(d) The addition of bracing, guy wires, or other reinforcement;

(e) A change in the location of the device;

(f) A change in the direction or configuration of the face or faces; or

(g) The addition of a light or lights, either attached or unattached, to help illuminate a static advertising device structure that previously had no lighting for illumination. The addition of lights may include a numerical display that is changed by an electronic or mechanical process that was not included in the original permit.

(17) Making a substantial change to a device without prior approval from the department constitutes a violation of this administrative regulation and shall result in action pursuant to Section 8 of this administrative regulation.

(18) Issuance of a permit under this administrative regulation shall not create a contract or property right in the permit holder.

Section 7. Permit Fees.

(1) Permit fees and annual renewal fees shall be assessed pursuant to KRS 177.860 beginning on January 1, 2023, including:

(a) $250 for an Application for Electronic Advertising Device permit;

(b) $150 for an Application for Static Advertising Device permit; and

(2) A fee established by this section shall be payable by cashier's check or electronic payment.

(3) A fee paid to the department established in this section shall be nonrefundable.

Section 8. Notice of Violations; Appeals.

(1) The department shall notify the owner of an advertising device by certified letter that the device is in violation of KRS Chapter 177 or this administrative regulation.

(2) If the device continues to be in violation thirty (30) days after notice, the department shall notify the landowner, the advertiser, and the owner of an advertising device by certified letter that the device is in violation of KRS Chapter 177 or this administrative regulation.

(3) The landowner, the advertiser, or the owner of an advertising device aggrieved by the findings of the department may request an administrative hearing. An administrative hearing shall be pursuant to KRS Chapter 13B.

(a) The request shall be in writing and within thirty (30) days of the certified letter.

(b) A request for a hearing shall thoroughly state the grounds upon which the hearing is requested.

(c) The hearing request shall be addressed to the Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622.

(4) If the landowner, the advertiser, or the owner of an advertising device fails to request an administrative hearing or fails to cure the violation within thirty (30) days of notice, the department shall proceed pursuant to KRS 177.870.

Section 9. Penalties.

(1) The owner of an advertising device in violation of a provision of KRS Chapter 177 or this administrative regulation shall be assessed a penalty of $500 per violation pursuant to KRS 177.990(2).

(2) The department shall deny or revoke a permit if the permit application or renewal contains false or materially misleading information.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Static Advertising Device", TC Form 99-221, July 2021;

(b) "Application for Electronic Advertising Device", TC Form 99-222, October 2021;

(d) "Advertising Device or Exchange Credit Ownership Transfer", TC Form 99-224, October 2021; and

(e) The formal designation of interstates, parkways, national highway system, and federal-aid primary highways by the Kentucky Transportation Cabinet may be found on the department's Web site at: http://maps.kytc.ky.gov/PAFOA/.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Building, Department of Highways, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

RELATES TO: KRS 177.572 - 177.576, 177.830 - 177.890, 177.990(2), 23 C.F.R. Part 750, 23 U.S.C. 131
STATUTORY AUTHORITY: KRS 177.860, 23 U.S.C. 131
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.860 requires the Commissioner of the Department of Highways to promulgate administrative regulations establishing standards for advertising devices. KRS 177.890 authorizes the Commissioner of the Department of Highways to enter into agreements with the United States Secretary of Transportation in order to carry out national policy relating to interstate, defense, and federal-aid primary highways within the state. 23 U.S.C. 131, the Highway Beautification Act, authorizes retention of additional federal funding on the establishment of controls over the placement of outdoor advertising devices. This administrative regulation establishes the standards for static and electronic advertising devices.
History: 48 Ky.R. 1069, 1776, 2077; eff. 1-25-2022.

Title 603 KAR — Transportation Cabinet

Chapter 1 Construction and Materials

603 KAR 1:020 Driveway approaches, entrances; construction and maintenance {#sec-603-kar-1-020 omnilex-key=us-ky-regs-official--title-603--603 KAR 1:020}

Chapter 2 Preconstruction

603 KAR 2:015 Prequalification for construction, certificate of eligibility, and contract claims dispute {#sec-603-kar-2-015 omnilex-key=us-ky-regs-official--title-603--603 KAR 2:015}

603 KAR 2:020 Public-private partnerships {#sec-603-kar-2-020 omnilex-key=us-ky-regs-official--title-603--603 KAR 2:020}

Chapter 3 Maintenance

603 KAR 3:030 Primary road system classifications {#sec-603-kar-3-030 omnilex-key=us-ky-regs-official--title-603--603 KAR 3:030}

603 KAR 3:051 Recyclers {#sec-603-kar-3-051 omnilex-key=us-ky-regs-official--title-603--603 KAR 3:051}

603 KAR 3:100 Noxious weeds and invasive plants to be eradicated from rights-of-way {#sec-603-kar-3-100 omnilex-key=us-ky-regs-official--title-603--603 KAR 3:100}

Chapter 4 Right-of-way

603 KAR 4:035 Logo signs; placement along fully controlled and partially controlled access highways {#sec-603-kar-4-035 omnilex-key=us-ky-regs-official--title-603--603 KAR 4:035}

603 KAR 4:040 TODS signs; placement on public roads other than interstates or parkways {#sec-603-kar-4-040 omnilex-key=us-ky-regs-official--title-603--603 KAR 4:040}

603 KAR 4:050 Limited supplemental guide signs {#sec-603-kar-4-050 omnilex-key=us-ky-regs-official--title-603--603 KAR 4:050}

603 KAR 4:055 Scenic highways and byways {#sec-603-kar-4-055 omnilex-key=us-ky-regs-official--title-603--603 KAR 4:055}

Chapter 5 Traffic

603 KAR 5:025 Fully controlled access highways {#sec-603-kar-5-025 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:025}

603 KAR 5:040 Use of rest areas {#sec-603-kar-5-040 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:040}

603 KAR 5:050 Uniform traffic control devices {#sec-603-kar-5-050 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:050}

603 KAR 5:061 Intrastate toll bridges and toll ferries {#sec-603-kar-5-061 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:061}

603 KAR 5:066 Weight (mass) limits for trucks {#sec-603-kar-5-066 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:066}

603 KAR 5:070 Motor vehicle dimension limits {#sec-603-kar-5-070 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:070}

603 KAR 5:071 Bus dimension limits {#sec-603-kar-5-071 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:071}

603 KAR 5:072 Mandatory annual bus inspection {#sec-603-kar-5-072 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:072}

603 KAR 5:077 Motor vehicles prohibited on Louisville Hill, Frankfort {#sec-603-kar-5-077 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:077}

603 KAR 5:115 Coal-haul highway system; reporting requirements {#sec-603-kar-5-115 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:115}

603 KAR 5:120 Access control of highways {#sec-603-kar-5-120 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:120}

603 KAR 5:150 Encroachment permits {#sec-603-kar-5-150 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:150}

603 KAR 5:155 Vegetation management {#sec-603-kar-5-155 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:155}

603 KAR 5:220 Cooperative agreements for transportation of coal {#sec-603-kar-5-220 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:220}

603 KAR 5:230 The extended weight coal or coal by-products haul road system and associated bridge weight limits {#sec-603-kar-5-230 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:230}

603 KAR 5:240 Naming of roads and bridges {#sec-603-kar-5-240 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:240}

603 KAR 5:250 Selection of National Truck Network highways and reasonable access to these highways {#sec-603-kar-5-250 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:250}

603 KAR 5:320 Safety in highway work zones {#sec-603-kar-5-320 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:320}

603 KAR 5:350 Off-highway vehicles, safety, and routes {#sec-603-kar-5-350 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:350}

603 KAR 5:360 Transportation Cabinet use of interstate and parkway signs to locate missing persons {#sec-603-kar-5-360 omnilex-key=us-ky-regs-official--title-603--603 KAR 5:360}

Chapter 7 Mass Transportation

603 KAR 7:020 Nonurbanized Public Transportation Program and Elderly and Handicapped Program {#sec-603-kar-7-020 omnilex-key=us-ky-regs-official--title-603--603 KAR 7:020}

603 KAR 7:080 Human service transportation delivery {#sec-603-kar-7-080 omnilex-key=us-ky-regs-official--title-603--603 KAR 7:080}

603 KAR 7:090 Railroads {#sec-603-kar-7-090 omnilex-key=us-ky-regs-official--title-603--603 KAR 7:090}

Chapter 8 Transportation Scholarship Program

603 KAR 8:010 Transportation Scholarship Program {#sec-603-kar-8-010 omnilex-key=us-ky-regs-official--title-603--603 KAR 8:010}

Chapter 9 Division of Planning

603 KAR 9:010 Railroad crossing closure procedure {#sec-603-kar-9-010 omnilex-key=us-ky-regs-official--title-603--603 KAR 9:010}

603 KAR 9:020 Automatic gates at public grade crossings {#sec-603-kar-9-020 omnilex-key=us-ky-regs-official--title-603--603 KAR 9:020}

Chapter 10 Billboards

603 KAR 10:040 Advertising devices {#sec-603-kar-10-040 omnilex-key=us-ky-regs-official--title-603--603 KAR 10:040}

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