{"data":{"id":"us-ky/krs-177.979","jurisdiction":"us-ky","citation":"KRS 177.979","heading":"Cooperative agreements between Department of Highways and","body":"transporters of coal in vehicles exceeding maximum weight limits on state -\nmaintained system -- Administrative regulations.\n(1) Any person engaged in the mining, processing, transportin g or sale of coal that\nprovides for the transportation of coal in vehicles exceeding the maximum weight\nlimits on the state -maintained system shall enter into a cooperative agreement with\nthe Department of Highways, or give bond for damages as required by the cabinet,\nif a road to be used is not part of the extended weight coal or coal by -products haul\nroad system. However, if a resolution issued pursuant to KRS 177.9771(9) on a\nroad with a maximum allowable gross weight of eighty thousand (80,000) pounds is\napproved by the Transportation Cabinet, a cooperative agreement shall not be\nrequired. Such cooperative agreements shall provide for an equitable apportionment\nof the incremental costs for design, maintenance, construction, or reconstruction of\nthose roa ds and bridges, except those roads and bridges which are part of the\nfederal interstate highway system, resulting from the transportation of coal by\ntrucks transporting coal in excess of the maximum weight limits on the state -\nmaintained system and covered by the cooperative agreement. Nothing contained\nherein shall affect the continuing validity of any existing agreement.\n(2) Notwithstanding KRS Chapter 143, the total tax contributions from any person\nentering into a cooperative agreement, as specified in t his section, shall not exceed,\nin the aggregate, the sum of five thousand dollars ($5,000) per mile per year on\nthose roads covered by the cooperative agreement, but shall equal a minimum of\none thousand two hundred dollars ($1,200) per motor vehicle hauli ng coal over\nthose cooperative road segments over three (3) miles in length, but such\ncontribution shall not exceed ten cents ($0.10) per ton of coal hauled on cooperative\nroads per year from an individual coal operator unless otherwise agreed to by the\noperator. The Transportation Cabinet may allow any person, under the cooperative\nagreement, to provide for the design, approved maintenance, construction, or\nreconstruction provided for in subsection (1) of this section in accordance with\nguidelines or stand ards prescribed by the cabinet. In the event any person exceeds\nhis annual total tax contribution as authorized under a cooperative agreement, such\nperson may petition the commissioner of vehicle regulation for a carry over for\nfuture years liability. All funds collected pursuant to this section shall be expended\non those roads covered by the cooperative agreement.\n(3) Notwithstanding KRS 177.976 to 177.981, the Commonwealth shall not be relieved\nof expending its normal routine maintenance on all roads cove red by the\ncooperative agreements.\n(4) Any person who entered into a cooperative agreement may terminate it upon\nsubmitted written notice to the Department of Highways.\n(5) If the person requesting termination of the cooperative agreement has reported to\nthe Transportation Cabinet that fifty thousand (50,000) or more tons of coal have\nbeen transported over the road covered by the cooperative agreement, the\nTransportation Cabinet shall immediately, by official order or emergency\nadministrative regulation, ad d the road segment to the list of roads currently\ncomprising the extended weight coal or coal by-products haul road system.\n(6) The Transportation Cabinet shall promulgate administrative regulations in\naccordance with KRS Chapter 13A to establish bonding r equirements for\nsubsection (1) of this section.","path":["KRS Chapter 177"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57820","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:30Z","sha256":"a5549c60366b38ed96c54e7851e5bdb17f5a5efaa5c0a787052fdaa6208d93e1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-177.978","next":"us-ky/krs-177.980"},"notice":"GroundRules: Original legal text. Not legal advice."}