Title XV, Roads, Waterways, and Aviation

As used in this chapter, "cabinet" means the Transportation Cabinet.

(1) The Office of Rural and Secondary Roads within the Department of Rural and Municipal Aid shall be responsible for the development and implementation of the Rural Secondary Program and such other functions as are assigned by the secretary, except that the department shall not …

(1) The Transportation Cabinet shall consist of the following major organizational units: (a) The Office of the Secretary, which shall include, but not be limited to: 1. The secretary to be appointed by the Governor under KRS 12.255; and 2. The deputy secretary appointed under KR…

The executive director of the Office of Legal Services may also serve as general counsel if so appointed pursuant to KRS 12.210. The Office of Legal Services shall be directly responsible to the secretary and shall perform such duties as may be assigned by the secretary. The offi…

The secretary shall establish the internal organization of the cabinet not established in 1974 Acts, ch. 74, and shall divide the cabinet into such offices or divisions as the secretary may deem necessary to perform the functions, powers and duties of the cabinet, subject to the …

The secretary shall have any and all necessary power and authority, subject to appropriate provisions of the statutes, to create such positions and to employ the necessary personnel in such positions to enable the secretary to perform the functions of the cabinet. The commissione…

All appointments to positions not in the classified service shall be made pursuant to KRS 12.050 and such appointees shall be major assistants to the secretary and shall assist in the development of policy.

Aeronautics Departments. There are hereby transferred to and vested in the secretary and cabinet all functions, powers and duties, funds, personnel, equipment, and supplies existing under present law in the Department of Highways, Department of Motor Transportation, Department of…

There are hereby transferred to and vested in the secretary and cabinet all functions, powers, duties, funds, personnel, equipment, and supplies relating to operators' licenses under provisions of KRS Chapter 186, boats and boating provisions of KRS Chapter 235, financial respons…

(1) The KYTC photo license account is created within the road fund, to be administered by the Transportation Cabinet. The account shall consist of the portion of fees directed to the account under KRS 186.531 and 186.577, and any other proceeds from grants, contributions, appropr…

The Transportation Cabinet shall have the responsibility of regulating railroads within the Commonwealth. The cabinet shall delegate to the Division of Planning within the Department of Highways' Office of Project Development the powers necessary to carry out the provisions of th…

(1) As used in this section: (a) "Class II railroad" means a railroad company classified as a Class II carrier by the federal Surface Transportation Board; and (b) "Class III railroad" means a railroad company classified as a Class III carrier by the federal Surface Transportatio…

There are hereby transferred to and vested in the secretary and cabinet all functions, powers, duties, funds, personnel, equipment and supplies relating to motor vehicle license under the provisions of KRS Chapter 186, operator license under provisions of KRS Chapter 186 and boat…

The cabinet shall: (1) Assist the Department of Kentucky State Police in coordinating all efforts of the state's various departments and agencies to promote traffic safety and in making recommendations regarding the prevention of unnecessary duplications of these efforts; (2) Coo…

All funds, credits, assets, appropriations, outstanding obligations, personnel, equipment, any and all resources or other tangible personal property and any business or other matter undertaken or now vested in the Department of Highways, Department of Motor Transportation, Depart…

Except as otherwise provided in 1974 Acts ch. 74, all rules, regulations, acts, agreements, determinations and decisions of the Department of Public Safety, Department of Highways, Department of Motor Transportation, Department of Aeronautics, and Department of Revenue, shall rem…

(1) The secretary may promulgate administrative regulations not inconsistent with the provisions of 1974 Acts ch. 74. (2) The Transportation Cabinet shall adopt such administrative regulations and procedures consistent with the provisions of KRS 56.610 to 56.760 as it deems neces…

All corporate bodies and instrumentalities of the Commonwealth, advisory committees, commissions, councils, interstate compact, or other statutory bodies presently attached to the functions in whole or in part of the Departments of Public Safety, Aeronautics, Highways, Motor Tran…

of state-derived tax revenues on roads -- Effect of hearing -- Exceptions. (1) Before any unit of local government expends state-derived tax revenues on a state rural, secondary, county road or municipal highway, road, street, or county or municipal bridge, it shall provide an op…

(1) The Transportation Cabinet shall develop and coordinate a statewide bicycle and bikeways program and shall coordinate plans for promotion of bicycling and promotion of bikeways with other state agencies, and units of local government in order to maximize the use of roads, str…

Authority to adopt administrative regulations. (1) There is hereby created a Kentucky Bicycle and Bikeway Commission within the Transportation Cabinet. The commission shall consist of seven (7) members appointed by the Governor. Members of the commission shall receive necessary t…

railroad corridors to Department of Parks and Railtrail Development Office -- Records and maps of railroad lines. (1) The Transportation Cabinet, including any agency or other unit of government attached to the cabinet, shall immediately transmit to the Department of Parks and to…

The director of the Division of Incident Management within the Department of Highways' Office of Highway Safety shall be responsible for statewide transportation emergency and critical incident information and systems control. The director: (1) Shall be directly responsible and r…

(1) The Water Transportation Advisory Board is established as an advisory body to the executive and legislative branches of government on matters pertaining to water transportation. (2) The Water Transportation Advisory Board shall be composed of seven (7) members, to be appointe…

The Water Transportation Advisory Board shall: (1) Advise the Transportation Cabinet, the Cabinet for Economic Development, the Governor's Office, and the General Assembly on matters relating to water transportation; (2) Recommend action to enable the Commonwealth to make best us…

Grants -- Annual report. (1) There is created a riverport financial assistance trust fund, to be administered by the Transportation Cabinet. (2) The riverport financial assistance trust fund may receive appropriations, federal funds, contributions, gifts, and donations. (3) The p…

Due to the central geographical location of the Commonwealth with respect to the hazardous materials industry, and since most predictions indicate that the amount of hazardous material in transport should substantially increase in the future, it is the intent of KRS 174.405 to 17…

As used in KRS 174.400 to 174.425: (1) "Carrier" means a person engaged in the commercial transportation of passengers or property, except for pipelines and railways, by: (a) Land, as a common, contract, or private carrier; or (b) Civil aircraft. (2) "Hazardous material" means a …

(1) The secretary shall be responsible for controlling and regulating the movement of all radioactive materials and the intrastate transport of other hazardous materials transported by all carrier modes within the Commonwealth. (2) The secretary, in consultation with the secretar…

The secretary shall establish an inspection and enforcement program to determine compliance with the provisions of KRS 174.400 to 174.425, and any regulations promulgated under KRS 174.410. In carrying out the provisions of KRS 174.400 to 174.425, the secretary shall not duplicat…

(1) Any person transporting hazardous materials in the Commonwealth shall carry a copy of the shipping papers required in 49 C.F.R. (1978), as amended, in the transporting vehicle while in the Commonwealth. (2) In the event of an accident involving hazardous material, the operato…

The provisions of KRS 174.400 to 174.425 shall not apply to hazardous materials shipped by the United States government. Nothing herein shall be construed as requiring the disclosure of any defense information or restricted data as defined in 42 U.S.C. secs. 2011 et seq. and 42 U…

As used in KRS 174.500 to 174.510, unless the context otherwise requires: (1) "Department" means the Department of Aviation; (2) "State aircraft" means aircraft owned by the Commonwealth, leased by the Commonwealth, or otherwise under the control of the Commonwealth and administr…

Capital City Airport Division. (1) The commissioner of the department shall be responsible for overall policy development and supervision of the Capital City Airport Division. (2) A division director shall head the Capital City Airport Division within the Department of Aviation.…

regulations. (1) The functions of the Capital City Airport Division shall be to: (a) Manage and operate the Capital City Airport; (b) Oversee the maintenance and care of all state aircraft; (c) Control the scheduling and operational use of state aircraft, including air charters; …

(1) Except as provided in subsection (2) of this section, state aircraft, including air charters, shall be used only for official business. (2) State aircraft shall not be used for personal business, except when the Governor or Lieutenant Governor, for reasons of security, protoc…

(1) All requests for use of state aircraft shall be approved in advance by the: (a) Constitutional officer; (b) Program cabinet secretary or his designee in writing; (c) For the judicial branch, the Chief Justice of the Supreme Court or the director of the Administrative Office o…

(1) The Capital City Airport Division shall arrange for all trips and maintain flight cards, passenger manifests, payment documents, and interaccount bills pertaining to each flight. (2) Pilots for all state agencies shall maintain a flight manifest for all flights which shall in…

Any person who willfully hauls, transports, or causes to be transported any hazardous material into, out of, within, or through the Commonwealth in violation of the provisions of KRS 174.400 to 174.425, or contrary to an order, or regulation issued or promulgated under KRS 174.40…

(1) The purpose of this chapter is to establish a structure for the construction, operation, financing, and oversight of significant transportation projects within the Commonwealth and between the Commonwealth and any state adjoining the Commonwealth. To accomplish this purpose, …

As used in this chapter: (1) "Authority" means the state authority, or a bi-state authority, or a project authority, unless the specific use requires that it apply only to the state authority, or a bi-state authority, or a project authority; (2) "Bi-state authority" means an auth…

-- Meetings -- Records -- Administrative regulations -- Model procurement code compliance. (1) The Kentucky Public Transportation Infrastructure Authority is hereby established as an independent de jure municipal corporation and political subdivision of the Commonwealth constitut…

issuing authority -- Oversight function -- Legislative ratification required for certain actions -- Administrative regulation regarding fee. (1) The state authority's primary purpose shall be to facilitate the construction, financing, operation, and oversight of projects by enter…

Project development restrictions. (1) The developing authority and issuing authority may be the same authority or separate authorities, depending on the needs of the project. The developing authority and issuing authority shall have the following powers and duties, as necessary t…

authority -- Formation -- Members -- Bi-state agreement -- Financial plan -- Legislative findings and declarations -- Approval of project connecting Kentucky and Ohio. (1) (a) 1. This section shall apply to any project that connects Kentucky with any state that adjoins the Common…

Financial plan -- Submission of project for legislative ratification -- Membership of project authority -- Development agreement -- Commonwealth owns project upon bond retirement or termination of partnership. (1) Potential projects that are within Kentucky may be developed by a …

regulations. (1) The state authority, a bi-state authority, or a project authority may, with approval of the General Assembly pursuant to KRS 175B.020(10), and if applicable, KRS 175B.030(9), utilize a public-private partnership. (2) An authority utilizing a public-private partne…

-- Pledges of sinking fund -- Use and disposition of moneys -- Project users to pay appropriate toll -- Penalties -- Confidentiality of toll collection customer account information. (1) If imposed as part of the financing plan, tolls shall be fixed and adjusted by the developing …

(1) Each project, upon completion, shall continuously constitute a link between parts of the highway system of the Commonwealth, or between the Commonwealth and any state adjoining the Commonwealth, and shall always be open to public travel, subject to any tolls or restrictions e…

and premises for necessary construction work -- Administrative regulations concerning public utility facilities. (1) A project developed by an authority under this chapter may include construction of grade separations at intersections of any project or projects with public highwa…