KRS 177.979: Cooperative agreements between Department of Highways and

transporters of coal in vehicles exceeding maximum weight limits on state -

maintained system -- Administrative regulations.

(1) Any person engaged in the mining, processing, transportin g or sale of coal that

provides for the transportation of coal in vehicles exceeding the maximum weight

limits on the state -maintained system shall enter into a cooperative agreement with

the Department of Highways, or give bond for damages as required by the cabinet,

if a road to be used is not part of the extended weight coal or coal by -products haul

road system. However, if a resolution issued pursuant to KRS 177.9771(9) on a

road with a maximum allowable gross weight of eighty thousand (80,000) pounds is

approved by the Transportation Cabinet, a cooperative agreement shall not be

required. Such cooperative agreements shall provide for an equitable apportionment

of the incremental costs for design, maintenance, construction, or reconstruction of

those roa ds and bridges, except those roads and bridges which are part of the

federal interstate highway system, resulting from the transportation of coal by

trucks transporting coal in excess of the maximum weight limits on the state -

maintained system and covered by the cooperative agreement. Nothing contained

herein shall affect the continuing validity of any existing agreement.

(2) Notwithstanding KRS Chapter 143, the total tax contributions from any person

entering into a cooperative agreement, as specified in t his section, shall not exceed,

in the aggregate, the sum of five thousand dollars ($5,000) per mile per year on

those roads covered by the cooperative agreement, but shall equal a minimum of

one thousand two hundred dollars ($1,200) per motor vehicle hauli ng coal over

those cooperative road segments over three (3) miles in length, but such

contribution shall not exceed ten cents ($0.10) per ton of coal hauled on cooperative

roads per year from an individual coal operator unless otherwise agreed to by the

operator. The Transportation Cabinet may allow any person, under the cooperative

agreement, to provide for the design, approved maintenance, construction, or

reconstruction provided for in subsection (1) of this section in accordance with

guidelines or stand ards prescribed by the cabinet. In the event any person exceeds

his annual total tax contribution as authorized under a cooperative agreement, such

person may petition the commissioner of vehicle regulation for a carry over for

future years liability. All funds collected pursuant to this section shall be expended

on those roads covered by the cooperative agreement.

(3) Notwithstanding KRS 177.976 to 177.981, the Commonwealth shall not be relieved

of expending its normal routine maintenance on all roads cove red by the

cooperative agreements.

(4) Any person who entered into a cooperative agreement may terminate it upon

submitted written notice to the Department of Highways.

(5) If the person requesting termination of the cooperative agreement has reported to

the Transportation Cabinet that fifty thousand (50,000) or more tons of coal have

been transported over the road covered by the cooperative agreement, the

Transportation Cabinet shall immediately, by official order or emergency

administrative regulation, ad d the road segment to the list of roads currently

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

(6) The Transportation Cabinet shall promulgate administrative regulations in

accordance with KRS Chapter 13A to establish bonding r equirements for

subsection (1) of this section.