KRS 189.230: Reduction of load and speed limits -- Fiscal court to require cooperative

agreement of persons applying for permit under KRS 189.212.

(1) Except as provided in KRS 189.221(6), 189.222, and 189.2226, the department, in

respect to state and federal high ways, and county judges/executive in respect to

county highways, may prescribe, by notice as provided in subsection (3) of this

section, load and speed limits lower than the limits prescribed in KRS 189.221 and

subsection (4) of KRS 189.390, respectively, if in their judgment any highway may,

by reason of its design, deterioration, rain, or other natural causes, be damaged or

destroyed by motor trucks or semitrailer trucks, if their gross weight or speed

exceeds certain limits. The department or fiscal cour t may, by like notice, regulate

or prohibit the operation of motor trucks or semitrailer trucks on state highways or

county roads for limited periods of specified days, or parts of days, if their load and

speed exceed those limits, if in their judgment, th e regulation or prohibition is

necessary, by reason of traffic density or intensive use by the traveling public, to

provide for the public safety and convenience on the highway.

(2) The department, in respect to bridges on the extended weight coal haul sys tem

defined in KRS 177.9771, may prescribe, by notice, as provided in subsection (3) of

this section, gross weight limits lower than the limits prescribed in KRS 177.9771,

when in its judgment any bridge on the extended weight coal haul road system may,

by reason of its design or deterioration, be damaged or destroyed to the point of

catastrophic failure by motor vehicles, if their gross weight exceeds certain limits.

For the purposes of KRS 177.9771, all bridges shall conform with KRS

177.9771(4)(a) to (d).

(3) The notice or the substance of it shall be posted at conspicuous places at the termini

of and at all intermediate crossroads and road junctions with the section of the

highway to which the notice applies. After a notice has been posted, a person shal l

not operate any motor truck or semitrailer truck contrary to its provisions.

(4) A fiscal court shall require all persons applying for a permit issued under KRS

189.212 to enter into a cooperative agreement with the fiscal court. The cooperative

agreement shall provide for an equitable apportionment of the incremental costs for

design, maintenance, construction, or reconstruction of those roads and bridges on

which the person will be operating under the permit issued under KRS 189.212. A

fiscal court may require as part of a cooperative agreement for the person to give the

fiscal court a bond to ensure payment of the equitable costs associated with the

permit issued under KRS 189.212. All funds collected under this subsection shall be

expended on those roads covered by the cooperative agreement.

(5) A fiscal court shall not be relieved of expending its normal routine maintenance on

all roads covered by cooperative agreements under the provisions of this section.

(6) A person who entered a cooperative agreem ent with a fiscal court under the

provisions of subsection (4) of this section may terminate the agreement by

submitting written notice to the fiscal court. If a person terminates a cooperative

agreement with a fiscal court, the permit issued under KRS 189 .212 shall

immediately be revoked by the fiscal court.