Title XV, Roads, Waterways, and Aviation

lease rental payments. Funds credited to the state transportation fund (road fund) shall be used for the purposes of paying the annual lease rental payments to the Kentucky Turnpike Authority for economic development road projects. Any funds deposited to the credit of the transpo…

The Transportation Cabinet shall certify to the commissioner of the Department of Revenue by October 1 of each fiscal year the amount required for lease rental payments to the Kentucky Turnpike Authority for economic development road projects. Upon receiving such certification, t…

Any person who uses any turnpike project and fails or refuses to pay the toll provided therefor shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than thirty (30) days, or both, and in addition thereto the authority or the dep…

As used in this chapter, unless the context requires otherwise: (1) "Biennial highway construction plan" means the specifically identified individual transportation projects or portions thereof identified for funding during the upcoming biennium, which correspond to the first two…

(1) With prior approval of the Governor and the secretary in writing, the commissioner of highways shall appoint as state highway engineer, a civil engineer who has had at least six (6) years executive engineering experience in the design, supervision, and construction of highway…

(1) The department shall: (a) Investigate all problems relating to the construction and maintenance of roads in the state; (b) Examine all projects and ascertain the feasibility of all routes; (c) Obtain information as to the proper type of road for any project; (d) Examine all t…

rights-of-way -- Advertisement of program -- Administrative regulations. (1) The Department of Highways shall keep all state rights-of-way free of all of the following, which are noxious weeds and invasive plants: (a) The species of grass, Sorghum halepense, commonly known as Joh…

(1) The Department of Highways is authorized to plant or set trees on and along any and all rights-of-way of highways or state property adjacent thereto, and to cut and sell wood, lumber, or forest products therefrom. (2) All proceeds from the sale of such wood, lumber, or forest…

The Energy and Environment Cabinet shall furnish to the Department of Highways such seedlings or young trees as the department may require, or as may be available. The Department of Highways shall pay to the Energy and Environment Cabinet the reasonable value thereof as may be ag…

(1) The Department of Highways may purchase space in magazines, newspapers, and other publications and may cause to be made and circulated all maps, prints, plans, lithographs, engravings, photographs, drawings, art work, and other specialized work deemed necessary in the dissemi…

Shielding -- Complaint -- Exception. (1) As used in this section: (a) "Agricultural land" means: 1. Any tract of land, including all income-producing improvements, of at least ten (10) contiguous acres in area used for the production of livestock, livestock products, poultry, pou…

maintenance and repair. For the purposes of this chapter and KRS Chapter 178 on and after July 1, 2010, railroad crossings, railroad spurs that access industrial parks, and shortline railroads at or near intersections with roadways shall be considered roads. The industrial access…

The department may stop or regulate all traffic over any road being constructed or improved until it is ready to be opened to the public, and may designate other roads for the accommodation of traffic until the construction is completed. The department may establish temporary roa…

standards -- Report. (1) As used in this section, "reclaimed asphalt pavement" or "RAP" has the same meaning as in KRS 179.418. (2) The Transportation Cabinet shall not restrict the use of recycled asphalt products used on a project, provided that the asphalt mixture meets the pe…

(1) After surveys, plans, specifications and estimates have been completed for any road or section thereof, and the type and character of the road has been determined, and the right-of-way obtained, the bureau shall advertise by publication pursuant to KRS Chapter 424, for bids o…

contracts - Security - Bids may be rejected -- Advertisement for new bids. (1) Each bidder shall accompany his bid with a bond or certified check payable to the State Treasurer for a reasonable sum, fixed by the department, guaranteeing that he will enter into a contract with the…

projects. (1) Prior to a contract being awarded for the construction phase of a project, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The pref…

insurance laws required -- Foreign entity to obtain certificate of authority -- Penalty. (1) (a) No contract for building, construction, reconstruction, renovation, demolition, or other type work on any state road, waterway, or aviation-related work, shall be awarded by any agenc…

to be filed. (1) The contract shall state the time when the work shall be begun and completed, and the time and manner of payment. The department may require that a certain percent of the contract price, or a certain fixed sum shall not be paid to the contractor until a fixed tim…

(1) Where any percent of a contract price or a certain fixed sum shall have been retained pursuant to the provisions of subsection (1) of KRS 176.090, the contractor may from time to time withdraw the whole or any portion of the amount retained for payments to the contractor purs…

No contractor shall deviate from the provisions, plans or specifications upon which a contract has been awarded without first having obtained written authority from the department to do so. If the contractor does deviate without such authority, neither the State of Kentucky, the …

income. (1) If any person having a contract with the department fails to carry out the contract, the department may cancel the contract and reaward it without advertisement if it can obtain a qualified contractor to perform the work at the original contract price or for less. Oth…

The Department of Highways may cause any road construction or reconstruction to be done by employees of the department instead of through contractors when, in the opinion of the commissioner as expressed in an official order, any of the following conditions is found to exist: (1)…

As used in KRS 176.122 to 176.128, unless the context requires otherwise: (1) "Department" means Department of Highways, Commonwealth of Kentucky. (2) "Person" means any individual, firm, agency, company, association, partnership or corporation.

No officer, agent or employee of the Commonwealth of Kentucky, Department of Highways, shall perform or cause to be performed any work or provide or cause to be provided services of any nature beyond the right-of-way limits of any public road, nor shall any person accept the work…

No goods or materials belonging to or under control of the department shall be used in work of any nature beyond the right-of-way limits of any public road, nor shall any person accept or permit the use of such goods or materials on private property.

Nothing in KRS 176.122 to 176.128 shall be so construed as to prevent the lawful execution of other granted powers necessary to accomplish the purposes of the Department of Highways.

(1) Every person who seeks to procure, bid upon, or offer to bid upon any contract with the department for the construction or maintenance of any public road or any section thereof, before procuring a proposal form or submitting any bid to obtain such contract, shall procure a ce…

(1) The department shall determine who shall be eligible to bid upon any contract with the department for the construction or maintenance of any public road or section thereof. The department may adopt rules and regulations and make investigations and examinations to determine th…

(1) No applicant shall be given a certificate of eligibility unless his financial statement and the investigation made by the department show that he possesses net current assets or working capital sufficient in the judgment of the department to render it probable that he can sat…

(1) After obtaining such information as it deems necessary relative to the qualification of the applicant, the department shall determine whether or not the applicant is eligible to bid upon road contracts. The department shall promptly notify all applicants of its final action o…

(1) Any applicant aggrieved by the decision of the department made pursuant to KRS 176.160 may, within ten (10) days after receiving notification of the decision, request in writing an administrative hearing which shall be conducted in accordance with KRS Chapter 13B. (2) Any app…

(1) In issuing a certificate of eligibility to any applicant, the department may limit the scope of the certificate as to the number or type of projects, or the amount of work that the contractor may bid upon. (2) Any applicant who is dissatisfied with the department's ruling as …

A certificate of eligibility may be revoked by the department only after a written notice is given to the qualified bidder and an opportunity given to him for an administrative hearing conducted in accordance with KRS Chapter 13B.

Before making an award the department may require the bidder to name the subcontractor whom he intends to employ for the various divisions of the work bid upon.

The department may make public from time to time lists of qualified bidders. Such lists shall be general in character and shall not indicate the size of the contracts with respect to which the bidders have qualified.

The department shall not consider any bid filed with it by any person not holding a certificate of eligibility. Bids from unqualified bidders which are discovered by the department before they are read, shall be returned to the bidders without being read. If the department finds …

of funds. (1) The department may contract with the federal government in regard to the survey, construction and maintenance of roads under any Act of Congress providing federal aid to the states in road construction, and may, subject to the rules of the United States Secretary of…

As used in KRS 176.241 to 176.249: (1) "County population ranking" has the same meaning as in KRS 154.21-015; (2) "County roads" has the same meaning as in KRS 178.010; (3) "Local Assistance Road Program" or "LARP" means a list of rehabilitation projects on county roads, streets,…

evaluated project requests -- General Assembly to make final determination for LARP grants. (1) (a) The cabinet shall establish procedures by which a city or county may make application for portions of county roads, streets, and urban roads in its jurisdiction to be considered fo…

(1) To evaluate projects submitted for grants under the LARP, the cabinet shall develop a scoring system for the project which assigns a score using a one (1) to ten (10) scale, with higher numbers assigned to projects exhibiting the greatest need. (2) Each highway district shall…

(1) The cabinet shall use the county population ranking produced every two (2) years by the Cabinet for Economic Development to determine the amount of local matching funds required for grants awarded from the LARP. (2) The required local match for a project receiving funds from …

(1) The cabinet shall, on a quarterly basis, transmit electronically to the General Assembly through the Legislative Research Commission a report on all activity relating to projects funded through the LARP in a particular year. (2) The data for each project listed in the report …

The department shall: (1) Recommend rules and regulations determining the method of constructing roads and fixing the duties of county road engineers and their employees in respect to all public roads; (2) Instruct and advise with the county road engineers and their employees as …

The fiscal year for the Department of Highways which commences on April 1, 1950, shall be extended up to and including June 30, 1951, and thereafter the fiscal year for the department shall begin July 1, and end June 30.

On or before June 1 of each year, the Finance and Administration Cabinet shall furnish to the Department of Highways estimates of income for the ensuing fiscal year. Upon the request of the Department of Highways the Finance and Administration Cabinet shall, from time to time, fu…

The county attorneys shall each render legal service to the department in carrying out its duties. The services so rendered shall be without additional compensation, and no county attorney shall be required to render service outside his county.

(1) Administrative control of covered wooden bridges designated as state shrines shall be shared by the Transportation Cabinet, the Department of Parks, the Kentucky Heritage Council, and the authorities created under KRS 176.410. (2) The Transportation Cabinet shall maintain all…

authority -- Duties and functions of authority. (1) Except as provided by KRS 176.400, at the request of citizens or organizations of a county or multicounty region, the Heritage Division of the Kentucky Heritage Council shall certify to the Governor the creation of a county or m…

number to be prominently displayed in each rest area restroom. (1) The Department of Highways shall display the following flags at each rest area along the Commonwealth's interstate and turnpike system: (a) The flag of the United States of America, to honor our country and the de…