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Request By:

Mr. James Hite Hays
Shelby County Attorney
501 Main Street
Shelbyville, Kentucky 40065

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General

You have requested an opinion of the Attorney General as to whether the Shelby County Fiscal Court may accept a bond from a business corporation for the repair of a county road which the corporation is regularly using to transport loads in excess of the lawful weight limits.

There is no statutory authority for a fiscal court to permit overweight vehicles on county roads or to require or accept a bond for such a practice. We believe that this is the type of procedure which would require expressed authority by statute.

While the statutes are silent as to allowing a fiscal court to grant overweight permits, they provide that the Department of Transportation may issue such permits for occasional overweight use of state highways. KRS 189.222. Administrative regulation 603KAR5:075 provides that applications for overload and overdimension permits shall be made to the Department of Transportation, Permit Section, Division of Motor Carriers, Frankfort, Kentucky 40601. A permit is required for each trip and each vehicle and the fee for these permits if $15 each.

In summary, it is our opinion that the county is not legally authorized to accept a bond for the day-to-day use of a county road by trucks weighing substantially in excess of the legal limits, and any such use constitutes a violation of law and may be cited to the district court.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1978 Ky. AG LEXIS 115
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