1. (1) Tandem trailer combinations and other larger vehicles shall be afforded access to qualifying activities located within five miles travel distance of the Basic Network unless prohibited or restricted by the Department. The Department’s decision to prohibit or restrict access shall be made in accordance with R63-392.

2. (2) An operator of a terminal located beyond the limits permitted in subsection (1) of this Section may petition the Department for access to that facility. The petition shall be in writing and shall include:

   1. (a) a statement that the facility fully qualifies as a terminal as prescribed in R63-391 (8);
   2. (b) a description and map of the proposed route to such facility;

   3. (c) an estimate of present and anticipated daily truck trips to and from the facility, by direction.

      The Department shall review the petition, in accordance with R63-392, and may, within thirty (30) days after receipt of the petition, request any additional information needed. Within ninety (90) days after receipt of the petition or receipt of additional information, the Department shall either approve the petition (with or without restrictions) or disapprove the petition.

3. (3) The Department may review the access permitted by this Section and prohibit or restrict access to any qualifying activity in accordance with R63-392.

HISTORY: Added by State Register Volume 13, Issue No. 4, eff April 28, 1989.