Request By:
Rick Taylor
Deputy Commissioner
Department of Vehicle Regulation
Opinion
Opinion By: JACK CONWAY, Attorney General; Shan J. Dutta, Assistant Attorney General
Subject : Whether Kentucky's laws in 1956 were sufficient to allow "grandfathering" of overweight divisible loads on highways under 23 USC § 127.
Statutes construed : 23 U.S.C. § 127, 23 C.F.R. § 658.17(i), KRS 189.270
Opinion of the Attorney General
The Department of Vehicle Regulation Deputy Commissioner Rick Taylor requested an opinion from this office on the status of Kentucky law pertaining to overweight load permits prior to the Federal-Aid Highway Act of 1956. Specifically, he asked whether Kentucky's allowance of trucks weighing in excess of certain limits to operate on roadways prior to the abovementioned Federal Act was sufficient to "grandfather" this procedure following the Act's enactment. As discussed below, Kentucky did issue permits for trucks carrying loads in excess of state roadway maximums and, therefore, should be able to continue this practice.
By way of background, in order to promote the timely delivery of supplies and products from Kentucky manufacturers, Governor Steve Beshear signed HB 509, in 2012. This bill amended KRS 189.2715 to allow motor vehicles transporting steel products or steel materials in divisible or nondivisible loads to or from a facility manufacturing products in this state to travel up to one hundred fifty (150) miles weighing no more than one hundred twenty thousand (120,000) pounds. This legislative change greatly increased the transportation of steel within the state, especially on behalf of the automotive industry. As a result of the increasing travel of excessively weighted loads, this Office has been asked by the Kentucky Department of Vehicle Regulation to interpret the relevant history of Kentucky's issuance of permits and if it conflicts with the Federal-Aid Highway Act of 1956.
The federal regulation at issue, 23 U.S.C. § 127, states federal funds shall not be appropriated to any state that allows vehicles to travel on the interstate system which weigh in excess of particular specified maximums contained in the abovementioned federal statute or the corresponding weights existing in a state on July 1, 1956, whichever is greater. Bunch v. Cobb, 257 S.E.2d 225, 226 (S.C. 1979). Furthermore, 23 C.F.R. § 658.17(i) states certain weight restrictions shall not apply to gross weights legally authorized under state law, on July 1, 1956. With this federal background, the remaining issues are: (1) what was the law in Kentucky prior to the Federal-Aid Highway Act of 1956; and (2) did the state issue permits for overweight loads at that time.
In 1952, the Kentucky Court of Appeals cited KRS 189.270 (addressing weight limits) and stated "it is noted that KRS 189.270(1) authorizes the Commissioner of Motor Transportation to issue permits for the operation of tractors and semi-trailers 'whose gross weight including load, height, width or length exceeds the limits prescribed by KRS 189.180, 189.220 .'" Keller v. Morehead, Ky., 247 S.W.2d 218, 220 (Ky. App. 1952). While the relevant statutory history does not differentiate between divisible and nondivisible loads, the Kentucky General Assembly clearly had a mechanism in place to allow motor vehicles to exceed specific weight limits if the appropriate circumstances were presented to the Commissioner.
Based on the above discussion, the Kentucky Office of the Attorney General is of the opinion that Kentucky law, prior to the Federal-Aid Highway Act of 1956, allowed motor vehicles to transport loads weighing in excess of the statutory legal limit across the state, if a special permit was issued by the Commissioner of Motor Transportation. The applicable Kentucky laws are sufficient to permit "grandfathering" of overweight loads pursuant to 23 U.S.C. § 127. Therefore, if the Transportation Cabinet approves the permit request, Kentucky's practice of granting said permits may continue.