Request By:
Mr. Van F. Phillips
Wayne County Attorney
P.O. Box 176
Monticello, Kentucky 42633
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
On behalf of the Wayne Fiscal Court, you request a formal opinion of this office on the following questions:
Question No. 1:
"Pursuant to KRS 189.221(4), is 36,000 pounds the maximum weight limit permitted for trucks or semitrailer trucks hauling coal, timber or other natural resurces on county roads? If not, please advise as to permissible maximum weight."
KRS 189.221(4) provides that "No person shall operate on any highway, except such highways as may be designated by the secretary of transportation under the provisions of subsection (1) of KRS 189.222, any of the following trucks, trailers, mobile homes or vehicles: . . . . (4) any truck, semitrailer truck or truck and trailer unit which exceeds 36,000 pounds gross weight, including the load; . . . ."
That gross weight limit of 36,000 pounds applies to any truck, semitrailer truck or truck and trailer unit, operating upon any highway (except highways designated under KRS 189.222(1)) regardless of the nature of its cargo, including coal, timber or other natural resources.
Thus the truck weight limitation applies explicitly to "any highway" , which would include county roads. "County roads" are public roads which have been accepted by the fiscal court of the county as a part of the county road system. KRS 178.010; and
Sarver v. County of Allen, Ky., 582 S.W.2d 40 (1979). KRS 189.010(3) defines "highway" as any public road, street, avenue, alley or boulevard, bridge, viaduct or trestle and the approaches to them and includes off-street parking facilities offered for public use, whether publicly or privately owned, except for-hire parking facilities listed in KRS 189.700. Subsection (6) of KRS 189.221 excepts trucks hauling building materials to a road construction project on a highway rated less than the maximum weight above, and permits such trucks to haul up to 80,000 pounds gross weight, including the load, without a permit.
The exceptions to the application of the weight limits of KRS 189.221 are found in KRS 189.222(1). The Secretary of the Transportation Cabinet may increase the weight limits on state maintained highways, pursuant to subsection (1), subject to limits described therein.
The central purpose of KRS 189.221 was to provide the state maintained highways, pursuant to subsection (1), subject to limits described therein.
The central purpose of KRS 189.221 was to provide the state with a rule to prevent the wear and hazards due to excessive size of vehicles and weight of load.
Ashland Transfer Co. v. State Tax Commission, 274 Ky. 144, 56 S.W.2d 691 (1932) 693. The statute is for the benefit of the roads, and ultimately the people.
Question No. 2:
"Can the secretary of the transportation cabinet pursuant to KRS 189.222 increase weight limits on designated county roads that are not a part of the state maintained system of highways? "
The answer is "no". Under the express terms of KRS 189.222(1), the Secretary's authority to increase gross weight limits extends only to those highways which are a part of the state-maintained system.
Question No. 3:
"Is a coal or timber company who plans to haul these resources over county roads required to enter into a cooperative agreement with the fiscal court for permission to do so?"
We can find no such requirement. Such haulers are required to observe the provisions of KRS 189.221, and particularly subsection (4), as to gross weight. KRS 189.210 has no application, since it applies to motor vehicles other than a motor truck or semitrailer truck.
Question No. 4:
"Even though the fiscal
"Even though the fiscal court has no authority to require a coal or timber company to bond a road, may it still accept a road bond voluntarily given by a company given by a company for hauling purposes?"
There is no statutory authority for a fiscal court to require or accept a road bond from haulers, even though it is voluntarily offered. The giving of a road bond would require express statutory authority. Fiscal courts can exercise no power or authority not expressly conferred upon them by the constitution or a statute, and such implied powers as are imperatively necessary to execute those so expressly conferred.