Request By:
Mr. Owen K. Caster
Director
Division of Motor Carriers
Department of Transportation
308 State Office Building
Frankfort, Kentucky 40602
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General concerning the legality of the "tripple saddle-mount" operation in Kentucky. You define "saddle-mount" as the method whereby the front wheels of a power unit are raised and placed over the rear of another tractor for the purpose of transporting the additional tractor. Your specific question is whether there is any Kentucky statute which limits the saddle-mount method to towing only two additional power units or whether the towing of three additional power units is permissible. You point out that the Attorney General's Office has dealt with this same question in OAG 63-246 and OAG 70-547.
First, we would point out that there is no conflict between OAG 63-246 and OAG 70-547. The former opinion dealt only with the legal overall length of a towing hookup under 189.222(2) (since amended). The latter opinion dealt specifically with the question of "tripple saddle-mount" as against "double saddle-mount" under KRS 189.480, which provides:
"No vehicle shall haul with a tow line more than one other vehicle. The tow line shall not be over 15 feet in length, and a white cloth or flag shall be fastened to the tow line at or near the center of the line, during both day and night so as to make it plainly discernible. No vehicle shall at one time haul more than two vehicles connected in such a manner as to keep them uniformly spaced. "
As we said in OAG 70-547, the reference to KRS 189.480 made in OAG 63-246 did not specifically determine the precise nature of a saddle-mount operation.
In OAG 70-547 we concluded that KRS 189.480 had no application as to towing vehicles by the saddle-mount method. We still believe that that conclusion is correct. That statute applies only to two types of towing: (1) the tow line method, and (2) the tow bar method which provides for a tow uniformly spaced. As was pointed out in our last opinion, if KRS 189.480 were interpreted to apply to the saddle-mount method, it would also apply to the full-mount method and limit trailers and semitrailers to hauling only two vehicles.
We conclude that there is no statute which deals with the number of vehicles which may be involved in the saddle-mount tow. The only statutes which have any bearing on the question are the statutes limiting the overall length of a hookup, e.g., KRS 189.222.
The only statute which refers expressly to the saddle-mount method is KRS 281.014(5) which reads as follows:
"The term 'driveaway' means the transporting and delivering of motor vehicles, except semi-trailers, and trailers, whether destined to be used in either a private or for-hire capacity under their own power or by means of a full-mount method, saddle-mount method, the tow-bar method or any combination of them over the highways of this state from any point of origin to any point of destination for hire. The transportation of such vehicles by the full-mount method on trailers or semi-trailers shall not be included in the term." (Emphasis ours.)
This statute serves our purpose only to show that the tow-bar method (uniform spacing) is not the same as the saddle-mount method. It does not limit the number of vehicles which may be involved in a saddle-mount tow.
In summary, it is our opinion that under the existing statutes and regulations there is no limit as to the number of vehicles which may be involved in a saddle-mount tow except that the length of the hookup shall be within the statutory limits.