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AN ACT relating to the transportation of persons. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 281.605 is amended to read as follows: 3
The provisions of this chapter shall not apply, except as to safety regulations, to: 4
(1) Motor vehicles used as school buses and while engaged in the transportation of 5
students, under the supervision and control and at the direction of school 6
authorities; 7
(2) Except as provided in paragraph (e) of this subsection, motor vehicles, regardless of 8
ownership, used exclusively: 9
(a) For the transportation of agricultural and dairy products, including fruit, 10
livestock, meats, fertilizer, wood, lumber, cotton, products of grove or 11
orchard, poultry, and eggs, while owned by the producer of the products, 12
including landlord where the relation of landlord and tenant or landlord and 13
cropper is involved, from the farm to a market, warehouse, dairy, or mill, or 14
from one (1) market, warehouse, dairy, or mill to another market, warehouse, 15
dairy, or mill. As used in this paragraph and in paragraph (b) of this 16
subsection, "livestock" means cattle, sheep, swine, goats, horses, alpacas, 17
llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, 18
equine, or camelid species; 19
(b) For the transportation of agricultural and dairy products, livestock, farm 20
machinery, feed, fertilizer, and other materials and supplies essential to farm 21
operation, from market or shipping terminal to farm; 22
(c) For both the purposes described in paragraphs (a) and (b) of this subsection; 23
(d) For the transportation of agricultural and dairy products from farm to regularly 24
organized fairs and exhibits and return; or 25
(e) Motor vehicles used for the transportation of fly ash, in bags, sacks, or other 26
containers, the aggregate weight of which does not exceed ten thousand 27 UNOFFICIAL COPY 22 RS BR 1308
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(10,000) pounds; or bottom ash, waste ash, sludge, and pozatec which is being 1
removed from the premises of a power generator facility for the purpose of 2
disposal; 3
(3) Motor vehicles used exclusively as church buses and while operated in the 4
transportation of persons to and from a church or place of worship or for other 5
religious work under the supervision and control and at the direction of church 6
authorities; 7
(4) Motor vehicles used exclusively for the transportation of property belonging to a 8
nonprofit cooperative association or its members where the vehicle is owned or 9
leased exclusively by the association; 10
(5) Motor vehicles owned in whole or in part by any person and used by such person to 11
transport commodities of which such person is the bona fide owner, lessee, 12
consignee, or bailee; provided, however, that such transportation is for the purpose 13
of sale, lease, rent, or bailment, and is an incidental adjunct to an established private 14
business owned and operated by such person within the scope and in furtherance of 15
any primary commercial enterprise of such person other than the business of 16
transportation of property for hire; 17
(6) Motor vehicles used in pick-up or delivery service within a city or within a city and 18
its commercial area for a carrier by rail; 19
(7) Motor vehicles used exclusively for the transportation of coal from the point at 20
which such coal is mined to a railhead or tipple where the railhead or tipple is 21
located at a point not more than fifty (50) air miles from the point at which the coal 22
is mined; 23
(8) Motor vehicles used as ambulances in transporting wounded, injured, or sick 24
animals or as ambulances as defined in KRS 311A.010; 25
(9) Motor vehicles used by transit authorities as created and defined in KRS Chapter 26
96A except as required by KRS 96A.170. Vehicles operated under the authority and 27 UNOFFICIAL COPY 22 RS BR 1308
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direct responsibility of such transit authorities, through contractual agreement, shall 1
be included within this exemption, without regard to the legal ownership of the 2
vehicles, but only for such times as they are operated under the authority and 3
responsibility of the transit authority; 4
(10) Motor vehicles having a seating capacity of fifteen (15) or fewer passengers and 5
while transporting persons between their places of residence, on the one hand, and, 6
on the other, their places of employment, provided the driver himself is on his way 7
to or from his place of employment, and further provided that any person who 8
operates or controls the operation of vehicles hereunder of which said person is the 9
owner or lessee, and any spouse of said person and any partnership or corporation 10
with said person or his spouse having an interest therein doing such, shall be 11
eligible to so operate an aggregate number of not more than one (1) vehicle on other 12
than a nonprofit basis; 13
(11) Motor vehicles used to transport cash letters, data processing material, instruments, 14
or documents, regardless of the ownership of any of said cash letters, data 15
processing material, instruments, or documents; 16
(12) Motor vehicles operated by integrated intermodal small package carriers who 17
provide intermodal-air-and-ground-transportation. For the purposes of this section, 18
"integrated intermodal small package carrier" shall mean an air carrier holding a 19
certificate or qualifying as an indirect air carrier that undertakes, by itself or through 20
a company affiliated through common ownership, to provide intermodal-air-and-21
ground-transportation, and "intermodal-air-and-ground-transportation" shall mean 22
transportation involving the carriage of articles weighing not more than one hundred 23
fifty (150) pounds by aircraft or other forms of transportation, including by motor 24
vehicle, wholly within the Commonwealth of Kentucky. The incidental or 25
occasional use of aircraft in transporting packages or articles shall not constitute an 26
integrated intermodal operation within the meaning of this section; 27 UNOFFICIAL COPY 22 RS BR 1308
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(13) Motor vehicles operated pursuant to a grant of funds in furtherance of and governed 1
by 49 U.S.C. secs. 5310 or 5311, including all amendments, and whose operators 2
have jurisdictions and services approved annually by the Transportation Cabinet in 3
accordance with 49 C.F.R. Title VI; 4
(14) Motor vehicles used to transport children to educational events or conservation 5
camps run by, or sponsored by, the Department of Fish and Wildlife; 6
(15) Motor vehicles used to transport children to events or camps run by, or sponsored 7
by, the Kentucky Sheriffs Association; or 8
(16) (a) Motor vehicles used in the transportation of persons who are eighteen 9
(18)[sixty (60)] years of age or older[ or who are visually impaired], if the 10
motor vehicles are owned by a nonprofit organization or being used on behalf 11
of a nonprofit organization that is exempt from federal income tax under 12
Section 501(c)(3) of the Internal Revenue Code. 13
(b) Motor vehicles owned and operated by a nonprofit organization that are 14
exempt under this subsection shall be subject to liability insurance coverage as 15
established by KRS 281.655. 16
(c) Motor vehicles owned privately but operated on behalf of a nonprofit 17
organization that are exempt under this subsection shall be subject to liability 18
insurance coverage as established by KRS 304.39-110. 19