KRS 177.9771: Extended weight coal or coal by-products haul road system.

(1) The "extended weight coal or coal by-products haul road system" shall consist of all

state-maintained toll roads or state -maintained roads which were previously toll

roads and the public highways over which quantities of coal or coal by -products in

excess of fifty thousand (50,000) tons were transported by motor vehicles during the

period from January 1, 1985, through December 31, 1985, and shall be updated

annually thereafter.

(2) The secretary of the Transportation Cabinet shall by official order on or be fore

November 1, of each year, certify such public highways or portions thereof, as

fulfill the criteria in subsection (1) of this section, as the extended weight coal or

coal by-products haul road system.

(3) The total tons of coal or coal by -products transported by motor vehicles over any

public highway shall be determined from the official coal or coal by -products road

system transportation report required pursuant to KRS 177.977.

(4) Any vehicle, when registered with a declared gross weight of eighty th ousand

(80,000) pounds and when transporting coal or coal by -products over public

highways which are part of the extended weight coal or coal by -products haul road

system or portions thereof, may be operated at the weights as set forth below in

excess of t he maximum gross weight prescribed in KRS 189.221 and 189.222 and

any other maximum weight limitations on state or county maintained systems by

paying the corresponding decal fee as set forth below:

(a) A single unit truck having one (1) steering axle and two (2) axles in tandem

shall be limited to a maximum gross weight of ninety thousand (90,000)

pounds with a tolerance of five percent (5%), and pay a decal fee of one

hundred sixty dollars ($160) annually;

(b) A single unit truck having one (1) steering a xle and three (3) axles in tridem

arrangement shall be limited to a maximum gross weight of one hundred

thousand (100,000) pounds with a tolerance of five percent (5%), and pay a

decal fee of two hundred sixty dollars ($260) annually;

(c) Tractor-semitrailer combinations with five (5) or more axles shall be limited

to a maximum gross weight of one hundred twenty thousand (120,000)

pounds with a tolerance of five percent (5%), and pay a decal fee of three

hundred sixty dollars ($360) annually;

(d) Any motor carrier involved in the transportation of coal or coal by -products

which meets gross axle weights of twenty thousand (20,000) pounds per axle

and twelve thousand (12,000) pounds for the steering axle may register in

excess of eighty thousand (80,000) pound s by payment of eight hundred forty

dollars ($840) plus an additional decal fee of ten dollars ($10) per one

thousand (1,000) pounds of registered weight above eighty thousand (80,000)

pounds;

(e) For purposes of this section, KRS 177.979, and 189.230, and for purposes of

the extended weight coal or coal by -products haul system, the dimensional

requirements of motor vehicles shall conform to all appropriate federal laws

and regulations;

(f) The payment of the decal fee shall be in addition to any state regi stration fee,

user fee, or other decal fee, including the registration fee as specified in KRS

186.050(3);

(g) Motor vehicles used in the transportation of coal or coal by -products under

cooperative agreements pursuant to KRS 177.979 shall be exempt from t he

payment of the decal fee as set forth in this section and the registration fee as

set forth in KRS 186.050(3) as long as the truck is driven over cooperative

roads only while full. The Transportation Cabinet shall issue identifying

license plates for those motor vehicles under cooperative agreements;

(h) All fees under this section shall be scheduled for payment and prorated

pursuant to the provisions of KRS 186.051; and

(i) All revenues generated pursuant to this section shall be credited to a special

account within the road fund called the "energy recovery road fund."

(5) Sixty percent (60%) of all energy recovery road funds shall be used by the

Department of Highways for construction, maintenance, and repair of the state -

maintained portion of the exten ded weight coal or coal by -products haul road

system.

(6) Forty percent (40%) of all energy recovery road funds shall be distributed to the

fiscal court of those counties in which coal or coal by -products are transported for

the sole purpose of construction, maintenance, and repair of the county -maintained

portion of the extended weight coal or coal by -products haul system. The

distribution of funds to the counties shall be proportioned based on the miles of

county roads on the extended weight coal or coal by -products haul system in each

county compared to the tot al mileage of county roads in the total extended weight

coal or coal by -products haul road system and the tons of coal or coal by -products

transported over county roads on the extended weight coal or coal by -products haul

system in each county compared to the total tons of coal or coal by -products

transported over county roads in the total extended weight coal or coal by -products

haul road system.

(7) Nothing in this section shall be construed or administered to jeopardize the receipt

of federal funds for h ighway purposes and the secretary of transportation shall not

act in any manner which shall jeopardize federal highway funds or funds to be

received by the Commonwealth. This section shall not be construed to authorize any

vehicle to operate on a federal i nterstate highway in excess of those limits

prescribed in KRS 189.222. This section shall not be construed to prohibit the

Department of Highways from providing for the public safety and convenience of

the traveling public on the highway.

(8) As soon as pr actical after the report is prepared and published pursuant to KRS

177.977 for any calendar year after 1985, the secretary shall add to or delete from

the extended weight coal or coal by -products haul road system public highways or

portions thereof based u pon the criteria set out in this section. Deletion of a public

road or portion of it from the extended weight coal or coal by -products haul road

system shall not affect the eligibility of the roads for highway funds or programs

applicable to the extended weight coal or coal by-products haul road system.

(9) A fiscal court, a governing body of a city, consolidated local government, or urban -

county government may by resolution, make recommendation to the secretary of the

Transportation Cabinet that certain ro ads or road segments in the county or

corporate city limits pose inherent and definite hazards, special conditions, or

greatly impact the economy of the county or city and that the secretary shall meet

with said fiscal court or local governing body and tak e into consideration their

concerns before adding to or deleting from the extended weight coal or coal by -

products haul system.

(10) The secretary of the Transportation Cabinet may promulgate administrative

regulations pursuant to KRS Chapter 13A necessary to administer the provisions of

this section, KRS 177.9772, 177.979, and 189.230.