Kan. Admin. Regs. § 36-45-1 - Definitions
Each of the following terms, as used in this article of the department's regulations, shall have the meaning specified in this regulation:
(a) "Department" and
"KDOT" mean the Kansas department of transportation.
(b) "Escort vehicle" and "EV" mean a vehicle
that accompanies a load and meets the requirements of K.A.R. 36-45-5.
(c) "Escort vehicle operator" and "EVO" mean
a person who is driving a vehicle that is accompanying a load and who meets the
requirements of K.A.R. 36-45-4.
(d)
"Escort vehicle service provider" and "EVSP" mean a person, firm, owner, or
company that operates an escort vehicle for the purpose of accompanying a load
as required by
K.A.R.
36-1-36 and
K.A.R.
36-1-38 and that meet the requirements of
35-45-2 and 3645-3 .
(e) "Escort vehicle service provider
registrar" and "EVSP registrar" mean a department employee who makes the
initial determination to revoke or deny any EVSP registration. The
determination made by the EVSP registrar shall be deemed to be the decision of
the secretary.
(f)
"Height-measuring pole" and "height pole" mean a retractable and flexible
device made of nonconductive material that measures vertical clearance. A
height pole shall be used when the height of the permitted load exceeds 16 feet
when measured from the ground to the highest point on the load.
Each height-measuring pole shall meet the following requirements:
(1) Be set at the height
of the permitted load plus three inches;
(2) be securely attached to the EV and be
designed and operated in a manner that will notify the EVO that the load cannot
safely pass under an overhead obstruction without causing damage to the
obstruction, the load, or both; and
(3) not interfere with the ability of the EVO
to safely operate the EV and communication equipment.
(g) "Large structure" means any load that
exceeds either 16 feet, six inches in width or 18 feet in height.
(h) "Law enforcement agency" means the Kansas
highway patrol (KHP) or any local law enforcement agency in Kansas.
(i) "Load" means either of the following:
(1) At least one item, object, or device,
including self-propelled, that exceeds the maximum sizes or weights prescribed
in
K.S.A. 8-1902,
8-1904,
8-1908,
and
8-1909,
and amendments thereto; or
(2) the
combination of an item, object, or device and a vehicle transporting the item,
object, or device if the combination of these two exceeds the maximum sizes or
weights prescribed in
K.S.A. 8-1902,
8-1904,
8-1908,
and
8-1909,
and amendments thereto.
(j) "MUTCD" means the most recent edition of
the manual on uniform traffic-control devices for streets and highways issued
by the federal highway administration and adopted by the secretary of
transportation pursuant to
K.S.A. 8-2003, and amendments thereto.
(k) "Nondivisible," when used to describe a
load or vehicle, means that the load or vehicle exceeds the applicable
dimensions or weight limitations and, if separated into smaller loads or
vehicles, would result in having any of the following effects:
(1) Compromise the intended use of the
vehicle;
(2) destroy the value of
the load or vehicle; or
(3) require
more than eight work hours to dismantle, using appropriate equipment.
(l) "Permit" means a
document issued by the secretary that grants the movement of a load or vehicle
that exceeds the maximum sizes and weights as prescribed in
K.S.A. 8-1902,
8-1904,
8-1908,
and
8-1909,
and amendments thereto, over the highways that are under the jurisdiction of
the secretary.
(m) "Permitted
route" means a designated course of travel that is over the highways under the
jurisdiction of the secretary and has been approved by the secretary.
(n) "Secretary" means Kansas secretary of
transportation or Kansas secretary of transportation's designee.
(o) "Superload" means either of the
following:
(1) A load or a vehicle
transporting a nondivisible load that exceeds a gross weight of 150,000 pounds;
or
(2) a load or a vehicle
transporting a nondivisible load in which any group or groups of axles exceed
the limitations prescribed in
K.A.R.
36-1-37 .
(p) "Traffic-control operation" means the
temporary suspension of normal traffic activity at locations of limited
maneuverability, including any bridge or intersection, for the purpose of
allowing a load to safely traverse the area in accordance with the
MUTCD.
(q) "Vehicle" means any
self-propelled device in, upon, or by which any person or property is or can be
transported or drawn upon a public highway. The self-propelled device is
designed to travel on at least four wheels in contact with the ground. This
term shall not include electric personal assistive mobility devices, devices
moved by human power or used exclusively upon stationary rails or tracks,
devices propelled by electric power obtained from overhead trolley wires but
not operated on rails, and motorized nonhighway devices.
Notes
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No prior version found.