{"data":{"id":"us-ky/krs-177.9771","jurisdiction":"us-ky","citation":"KRS 177.9771","heading":"Extended weight coal or coal by-products haul road system.","body":"(1) The \"extended weight coal or coal by-products haul road system\" shall consist of all\nstate-maintained toll roads or state -maintained roads which were previously toll\nroads and the public highways over which quantities of coal or coal by -products in\nexcess of fifty thousand (50,000) tons were transported by motor vehicles during the\nperiod from January 1, 1985, through December 31, 1985, and shall be updated\nannually thereafter.\n(2) The secretary of the Transportation Cabinet shall by official order on or be fore\nNovember 1, of each year, certify such public highways or portions thereof, as\nfulfill the criteria in subsection (1) of this section, as the extended weight coal or\ncoal by-products haul road system.\n(3) The total tons of coal or coal by -products transported by motor vehicles over any\npublic highway shall be determined from the official coal or coal by -products road\nsystem transportation report required pursuant to KRS 177.977.\n(4) Any vehicle, when registered with a declared gross weight of eighty th ousand\n(80,000) pounds and when transporting coal or coal by -products over public\nhighways which are part of the extended weight coal or coal by -products haul road\nsystem or portions thereof, may be operated at the weights as set forth below in\nexcess of t he maximum gross weight prescribed in KRS 189.221 and 189.222 and\nany other maximum weight limitations on state or county maintained systems by\npaying the corresponding decal fee as set forth below:\n(a) A single unit truck having one (1) steering axle and two (2) axles in tandem\nshall be limited to a maximum gross weight of ninety thousand (90,000)\npounds with a tolerance of five percent (5%), and pay a decal fee of one\nhundred sixty dollars ($160) annually;\n(b) A single unit truck having one (1) steering a xle and three (3) axles in tridem\narrangement shall be limited to a maximum gross weight of one hundred\nthousand (100,000) pounds with a tolerance of five percent (5%), and pay a\ndecal fee of two hundred sixty dollars ($260) annually;\n(c) Tractor-semitrailer combinations with five (5) or more axles shall be limited\nto a maximum gross weight of one hundred twenty thousand (120,000)\npounds with a tolerance of five percent (5%), and pay a decal fee of three\nhundred sixty dollars ($360) annually;\n(d) Any motor carrier involved in the transportation of coal or coal by -products\nwhich meets gross axle weights of twenty thousand (20,000) pounds per axle\nand twelve thousand (12,000) pounds for the steering axle may register in\nexcess of eighty thousand (80,000) pound s by payment of eight hundred forty\ndollars ($840) plus an additional decal fee of ten dollars ($10) per one\nthousand (1,000) pounds of registered weight above eighty thousand (80,000)\npounds;\n(e) For purposes of this section, KRS 177.979, and 189.230, and  for purposes of\nthe extended weight coal or coal by -products haul system, the dimensional\nrequirements of motor vehicles shall conform to all appropriate federal laws\nand regulations;\n(f) The payment of the decal fee shall be in addition to any state regi stration fee,\nuser fee, or other decal fee, including the registration fee as specified in KRS\n186.050(3);\n(g) Motor vehicles used in the transportation of coal or coal by -products under\ncooperative agreements pursuant to KRS 177.979 shall be exempt from t he\npayment of the decal fee as set forth in this section and the registration fee as\nset forth in KRS 186.050(3) as long as the truck is driven over cooperative\nroads only while full. The Transportation Cabinet shall issue identifying\nlicense plates for those motor vehicles under cooperative agreements;\n(h) All fees under this section shall be scheduled for payment and prorated\npursuant to the provisions of KRS 186.051; and\n(i) All revenues generated pursuant to this section shall be credited to a special\naccount within the road fund called the \"energy recovery road fund.\"\n(5) Sixty percent (60%) of all energy recovery road funds shall be used by the\nDepartment of Highways for construction, maintenance, and repair of the state -\nmaintained portion of the exten ded weight coal or coal by -products haul road\nsystem.\n(6) Forty percent (40%) of all energy recovery road funds shall be distributed to the\nfiscal court of those counties in which coal or coal by -products are transported for\nthe sole purpose of construction, maintenance, and repair of the county -maintained\nportion of the extended weight coal or coal by -products haul system. The\ndistribution of funds to the counties shall be proportioned based on the miles of\ncounty roads on the extended weight coal or coal by -products haul system in each\ncounty compared to the tot al mileage of county roads in the total extended weight\ncoal or coal by -products haul road system and the tons of coal or coal by -products\ntransported over county roads on the extended weight coal or coal by -products haul\nsystem in each county compared to the total tons of coal or coal by -products\ntransported over county roads in the total extended weight coal or coal by -products\nhaul road system.\n(7) Nothing in this section shall be construed or administered to jeopardize the receipt\nof federal funds for h ighway purposes and the secretary of transportation shall not\nact in any manner which shall jeopardize federal highway funds or funds to be\nreceived by the Commonwealth. This section shall not be construed to authorize any\nvehicle to operate on a federal i nterstate highway in excess of those limits\nprescribed in KRS 189.222. This section shall not be construed to prohibit the\nDepartment of Highways from providing for the public safety and convenience of\nthe traveling public on the highway.\n(8) As soon as pr actical after the report is prepared and published pursuant to KRS\n177.977 for any calendar year after 1985, the secretary shall add to or delete from\nthe extended weight coal or coal by -products haul road system public highways or\nportions thereof based u pon the criteria set out in this section. Deletion of a public\nroad or portion of it from the extended weight coal or coal by -products haul road\nsystem shall not affect the eligibility of the roads for highway funds or programs\napplicable to the extended weight coal or coal by-products haul road system.\n(9) A fiscal court, a governing body of a city, consolidated local government, or urban -\ncounty government may by resolution, make recommendation to the secretary of the\nTransportation Cabinet that certain ro ads or road segments in the county or\ncorporate city limits pose inherent and definite hazards, special conditions, or\ngreatly impact the economy of the county or city and that the secretary shall meet\nwith said fiscal court or local governing body and tak e into consideration their\nconcerns before adding to or deleting from the extended weight coal or coal by -\nproducts haul system.\n(10) The secretary of the Transportation Cabinet may promulgate administrative\nregulations pursuant to KRS Chapter 13A necessary  to administer the provisions of\nthis section, KRS 177.9772, 177.979, and 189.230.","path":["KRS Chapter 177"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43835","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:30Z","sha256":"5d4e8c61939e5d0eadb2958e63c7733da9321d0f20deb6d615675b1855db651c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-177.977","next":"us-ky/krs-177.9772"},"notice":"GroundRules: Original legal text. Not legal advice."}