§ 35-890. Permit for operation of special vehicle combinations.

(a)

The unified government engineer or his designate may issue permits authorized under section 35-889 for the operations of special vehicle combinations operating on a route designated by the unified government engineer or his designee between a state turnpike authority toll booth and a motor-freight terminal located within a ten-mile radius of any such toll booth, except at the northeastern end of the turnpike at which location a 20-mile radius shall apply.

(b)

Notwithstanding any other provisions of law to the contrary, for the purpose of this section, all two-lane roads and highways within the corporate limits of the city shall be deemed to be under the jurisdiction of the unified government.

(c)

All applicants for a unified government permit under this section shall have a valid annual SVC permit issued by the state department of transportation for the operation of special vehicle combinations.

(d)

No person shall operate a special vehicle combination on a street or highway under the city's jurisdiction without a unified government permit issued under this section. No person shall operate an SVC without a state permit issued by the state department of transportation.

(e)

No person shall operate a special vehicle combination unless that person is certified as an SVC driver by the state department of transportation and unless the particular SVC is certified by the state department of transportation. Both the annual SVC permit and the driver certification card shall be carried in the SVC whenever it is operating.

(f)

SVC travel may be prohibited or restricted to specific routes, hours of operation, specific days, or seasonal periods, when adverse conditions, traffic, weather or safety considerations make such travel unsafe or inadvisable. An SVC shall not be dispatched during adverse weather, such as high winds, snow, ice, sleet, hail, fog, mist, rain, dust, smog, or smoke. If adverse weather or road conditions are encountered during operation, the driver of the SVC shall stop and wait for conditions to improve. No movement of an SVC is allowed on holidays or holiday weekends.

(g)

If an SVC is not in compliance with the conditions of either the state or unified government permit, any law enforcement officer or weights and measures inspector, in his discretion, may require a driver of an SVC to shift or remove any portion of the load or to adjust the configuration of the SVC in order to bring it into compliance. If the law enforcement officer or weights and measures inspector requires the driver to drop a trailer, the following procedures shall be followed:

(1)

The SVC shall be driven to an appropriate location as determined by the law enforcement officer or the weights and measures inspector;

(2)

Provisions shall be made by the permit holder for the SVC to have another truck-tractor sent to retrieve the dropped trailer; and

(3)

All related expenses and labor costs shall be the responsibility of the permit holder.

(h)

The responsibility for compliance with the requirements of this section and section 35-889 and the payment of any fines shall be the responsibility of the SVC permit holder.

(i)

All persons operating an SVC and all persons holding a state or unified government SVC permit shall comply with the regulations of the state department of transportation on equipment requirements, and driver qualification standards contained in K.A.R. 36-1-31, 36-1-32, and 36-1-34, which are hereby adopted by reference and made a part of this Code as if set out in this section.

(Code 1988, § 35-792.1; Ord. No. 65589, § 9, 12-20-1990)