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AN ACT relating to off-highway vehicles. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section and Section 2 of this Act, "off-highway vehicle" or 5
"OHV" means a motorized vehicle that: 6
(a) Is designed to be primarily used for recreational purposes; 7
(b) Has a maximum speed that is greater than thirty-five (35) miles per hour; 8
(c) Does not have a straddle seat; and 9
(d) Is equipped with the following: 10
1. Four (4) to six (6) highway or nonhighway tires; 11
2. A steering wheel or steering mechanism; 12
3. Brakes; 13
4. Headlamps; 14
5. Tail lamps; 15
6. Brake lights; 16
7. One (1) red reflex reflector on each side as far to the rear as 17
practicable and one (1) red reflex reflector on the rear; 18
8. A working muffler; 19
9. A parking brake; 20
10. A spark arrestor; and 21
11. For multi-passenger vehicles, an exterior mirror mounted on the 22
driver's side of the vehicle, either an interior mirror or an exterior 23
mirror mounted on the passenger's side of the vehicle, and for each 24
designated seating position, a seatbelt assembly that conforms to the 25
federal motor vehicle safety standard provided in 49 C.F.R. sec. 26
571.209. 27 UNOFFICIAL COPY 23 RS BR 809
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(2) A person may operate an off-highway vehicle on state-maintained roadways in 1
the Commonwealth, if the: 2
(a) Roadway is not a fully controlled access highway; 3
(b) Roadway has not been identified as one where the use of OHVs has been 4
prohibited under subsection (6) of this section; 5
(c) Operator is eighteen (18) years of age or older; and 6
(d) Operator has a valid operator's license. 7
(3) An off-highway vehicle operating on a highway under this section shall: 8
(a) Prior to titling and registration, pass an inspection performed by a certified 9
inspector in accordance with KRS 186A.115; 10
(b) Be titled in accordance with KRS Chapter 186A; 11
(c) Be registered as a motor vehicle in accordance with KRS 186.050(3)(a); and 12
(d) Be insured in compliance with KRS 304.39-080 by the owner, and the proof 13
of insurance shall be kept with the vehicle at all times of operation on a 14
highway. 15
(4) The registration fee for an off-highway vehicle under this section shall be the 16
same as for a motor vehicle under KRS 186.050(3)(a), and an applicant for 17
registration for an OHV shall be required to pay the fees outlined in KRS 18
186.040. 19
(5) A person operating an OHV under this section, and any passengers riding in the 20
vehicle, shall be required to wear: 21
(a) A helmet that meets the national standards prescribed by the United States 22
Department of Transportation, if the vehicle is not equipped with a: 23
1. Roof; 24
2. Windshield; and 25
3. Full or half door; and 26
(b) Eye protection that meets the national standards prescribed by the United 27 UNOFFICIAL COPY 23 RS BR 809
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States Department of Transportation, if the vehicle is not equipped with a 1
windshield. 2
(6) The Transportation Cabinet or a local government may prohibit the use of an off-3
highway vehicle, registered in accordance with this section or Section 2 of this 4
Act, on specific roadways under its jurisdiction, if the cabinet or local 5
government deems it to be unsafe. 6
(7) A person shall not operate an off-highway vehicle under this section: 7
(a) On private property without the consent of the landowner, tenant, or 8
individual responsible for the property; or 9
(b) While carrying passengers on a trailer or any other towed unit. 10
(8) A person shall not remove from an off-highway vehicle any manufacturer age 11
restriction warning label required under federal law or regulation. 12
(9) A nonresident owner of an off-highway vehicle may operate the off-highway 13
vehicle under this section and shall be exempt from registration under this 14
section, if the vehicle is registered in a state that: 15
(a) Allows the registration of off-highway vehicles; 16
(b) Requires that registered off-highway vehicles be insured; and 17
(b) Allows an off-highway vehicle registered in the Commonwealth to operate 18
in that state for a limited time. 19
(10) The Transportation Cabinet shall promulgate administrative regulations 20
pursuant to KRS Chapter 13A to implement this section. 21
SECTION 2. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) A nonresident of the Commonwealth who resides in a state that does not meet the 24
requirements of subsection (9) of Section 1 of this Act may apply with a county 25
clerk for a nonresident registration permit to operate an off-highway vehicle 26
pursuant to the provisions outlined in Section 1 of this Act. A person operating an 27 UNOFFICIAL COPY 23 RS BR 809
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off-highway vehicle under a nonresident registration permit issued pursuant to 1
this section shall be exempt from the titling and registration provisions outlined 2
in Section 1 of this Act, but shall be subject to all other provisions of Section 1 of 3
this Act. 4
(2) Permits issued under this section shall be valid for one (1) year. 5
(3) The registration fee for shall be the same as for a motor vehicle under KRS 6
186.050(3)(a), and an applicant for registration for an OHV under this section 7
shall be required to pay the fees outlined in KRS 186.040. 8
(4) The Transportation Cabinet shall promulgate administrative regulations 9
pursuant to KRS Chapter 13A to implement this section, including establishment 10
of forms and procedures for the issuance of temporary registration permits. 11
Section 3. KRS 189.515 is amended to read as follows: 12
(1) As used in this section:[,] 13
(a) "All-terrain vehicle" means an all-terrain vehicle as defined in KRS 14
189.010 that is not an off-highway vehicle that has been registered as a 15
motor vehicle under Section 1 or 2 of this Act; and 16
(b) "Federal all-terrain vehicle standards" means the all-terrain vehicle standards 17
set forth by the American National Standards Institute/Specialty Vehicle 18
Institute of America and incorporated by reference in 16 C.F.R. sec. 1420.3, 19
to the extent those standards are applicable. 20
(2) Except for vehicles authorized to operate on a public highway as of July 15, 1998, 21
and except as provided in subsection (7) of this section, a person shall not operate 22
an all-terrain vehicle upon any public highway or roadway or upon the right-of-way 23
of any public highway or roadway. 24
(3) A person shall not operate an all-terrain vehicle on private property without the 25
consent of the landowner, tenant, or individual responsible for the property. 26
(4) A person shall not operate an all-terrain vehicle on public property unless the 27 UNOFFICIAL COPY 23 RS BR 809
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governmental agency responsible for the property has approved the use of all-1
terrain vehicles. 2
(5) Except for vehicles authorized to operate on a public highway, a person sixteen (16) 3
years of age or older operating an all-terrain vehicle on public property shall wear 4
approved protective headgear, in the manner prescribed by the secretary of the 5
Transportation Cabinet, at all times that the vehicle is in motion. The approved 6
headgear requirement shall not apply when the operator of any all-terrain vehicle is 7
engaged in: 8
(a) Farm or agriculture related activities; 9
(b) Mining or mining exploration activities; 10
(c) Logging activities; 11
(d) Any other business, commercial, or industrial activity; 12
(e) Use of that vehicle on private property; or 13
(f) The crossing of a public roadway with a posted speed limit of fifty-five (55) 14
miles per hour or less. The crossing of a public roadway outlined in this 15
paragraph shall be in compliance with subsection (7)(a) of this section. 16
(6) (a) A parent or legal guardian of a minor who is under the age of six (6) shall not 17
knowingly allow that person to operate an all-terrain vehicle. 18
(b) A person under the age of sixteen (16) years shall not operate an all-terrain 19
vehicle except under direct parental supervision. 20
(c) A person under the age of sixteen (16) years, when operating or riding as a 21
passenger on an all-terrain vehicle, shall wear approved protective headgear, 22
in the manner prescribed by the secretary of the Transportation Cabinet, at all 23
times that the vehicle is in motion. 24
(d) A parent or guardian of a minor who is under the age of sixteen (16), or who 25
does not possess an instruction permit, an intermediate license, or an 26
operator's license, shall not knowingly allow that person to carry a passenger 27 UNOFFICIAL COPY 23 RS BR 809
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while operating an all-terrain vehicle. 1
(e) A parent or guardian of a minor under the age of sixteen (16) shall not 2
knowingly allow that person to operate an all-terrain vehicle in violation of 3
the age restriction warning label affixed by the manufacturer as required by 4
the federal all-terrain vehicle standards. 5
(7) (a) [Except for off-highway vehicles described in KRS 189.281, ]A person may 6
operate an all-terrain vehicle on any two (2) lane public highway in order to 7
cross the highway. In crossing the highway under this paragraph, the operator 8
shall cross the highway at as close to a ninety (90) degree angle as is practical 9
and safe, and shall not travel on the highway for more than two-tenths (2/10) 10
of a mile. 11
(b) A person may operate an all-terrain vehicle on any two (2) lane public 12
highway, if the operator is engaged in farm or agricultural related activities, 13
construction, road maintenance, or snow removal. 14
(c) The Transportation Cabinet may designate, and a city or county government 15
may designate, those public highways, segments of public highways, and 16
adjoining rights-of-way of public highways under its jurisdiction where all-17
terrain vehicles that are prohibited may be operated. 18
(d) A person operating an all-terrain vehicle on a public highway under this 19
subsection shall possess a valid operator's license. 20
(e) A person operating an all-terrain vehicle on a public highway under this 21
subsection shall comply with all applicable traffic regulations. 22
(f) A person shall not operate an all-terrain vehicle under this subsection unless 23
the all-terrain vehicle has at least one (1) headlight and two (2) taillights, 24
which shall be illuminated at all times the vehicle is in operation. 25
(g) A person operating an all-terrain vehicle under this subsection shall restrict 26
the operation to daylight hours, except when engaged in snow removal or 27 UNOFFICIAL COPY 23 RS BR 809
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emergency road maintenance. 1
(h) It shall be unlawful for a person to remove from an all-terrain vehicle the 2
manufacturer age restriction warning label required by the federal all-terrain 3
vehicle standards. 4
Section 4. KRS 189.990 is amended to read as follows: 5
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 6
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to 7
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 8
(4) of KRS 189.190, KRS 189.200, 189.285, 189.290, 189.300 to 189.360, KRS 9
189.380, KRS 189.400 to 189.430, KRS 189.450 to 189.458, KRS 189.4595 to 10
189.480, subsection (1) of KRS 189.520, KRS 189.540, KRS 189.570 to 189.590, 11
except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 189.345, subsection (6) of 12
KRS 189.456, and 189.960 shall be fined not less than twenty dollars ($20) nor 13
more than one hundred dollars ($100) for each offense. Any person who violates 14
subsection (1)(a) of KRS 189.580 shall be fined not less than twenty dollars ($20) 15
nor more than two thousand dollars ($2,000) or imprisoned in the county jail for not 16
more than one (1) year, or both, unless the accident involved death or serious 17
physical injury and the person knew or should have known of the death or serious 18
physical injury, in which case the person shall be guilty of a Class D felony. Any 19
person who violates paragraph (c) of subsection (5) of KRS 189.390 shall be fined 20
not less than eleven dollars ($11) nor more than thirty dollars ($30). Neither court 21
costs nor fees shall be taxed against any person violating paragraph (c) of 22
subsection (5) of KRS 189.390. 23
(2) (a) Any person who violates the weight provisions of KRS 189.212, 189.221, 24
189.222, 189.226, 189.230, 189.270, or 189.2713 shall be fined two cents 25
($0.02) per pound for each pound of excess load when the excess is five 26
thousand (5,000) pounds or less. When the excess exceeds five thousand 27 UNOFFICIAL COPY 23 RS BR 809
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(5,000) pounds the fine shall be two cents ($0.02) per pound for each pound 1
of excess load, but the fine levied shall not be less than one hundred dollars 2
($100) and shall not be more than five hundred dollars ($500). 3
(b) Any person who violates the provisions of KRS 189.271 and is operating on a 4
route designated on the permit shall be fined one hundred dollars ($100); 5
otherwise, the penalties in paragraph (a) of this subsection shall apply. 6
(c) Any person who violates any provision of subsection (2) or (3) of KRS 7
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 8
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 9
another penalty is not specifically provided shall be fined not less than ten 10
dollars ($10) nor more than five hundred dollars ($500). 11
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 12
on a route designated in KRS 177.986 shall be fined one hundred dollars 13
($100). 14
2. Any person who operates a vehicle with a permit under KRS 177.985 in 15
excess of eighty thousand (80,000) pounds while operating on a route 16
not designated in KRS 177.986 shall be fined one thousand dollars 17
($1,000). 18
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 19
prejudice or affect the authority of the Department of Vehicle Regulation to 20
suspend or revoke certificates of common carriers, permits of contract 21
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 22
to 189.228 or any other act applicable to motor vehicles, as provided by law. 23
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 24
more than fifteen dollars ($15). 25
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 26
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 27 UNOFFICIAL COPY 23 RS BR 809
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(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 1
less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 2
(b) Any peace officer who fails, when properly informed, to enforce KRS 3
189.210 shall be fined not less than twenty-five dollars ($25) nor more than 4
one hundred dollars ($100). 5
(c) All fines collected under this subsection, after payment of commissions to 6
officers entitled thereto, shall go to the county road fund if the offense is 7
committed in the county, or to the city street fund if committed in the city. 8
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less 9
than one hundred dollars ($100) nor more than two hundred dollars ($200) or 10
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 11
each subsequent offense occurring within three (3) years, the person shall be fined 12
not less than three hundred dollars ($300) nor more than five hundred dollars 13
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 14
both. The minimum fine for this violation shall not be subject to suspension. A 15
minimum of six (6) points shall be assessed against the driving record of any person 16
convicted. 17
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 18
($15) in excess of the cost of the repair of the road. 19
(7) Any person who violates Section 1 or 2 of this Act, KRS 189.510, or KRS 189.515 20
shall be fined not less than twenty dollars ($20) nor more than fifty dollars ($50). 21
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 22
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 23
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty-24
five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 25
not less than thirty (30) days nor more than twelve (12) months, or both. 26
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty-27 UNOFFICIAL COPY 23 RS BR 809
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five dollars ($35) nor more than one hundred dollars ($100). 1
(10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a 2
Class B misdemeanor. 3
(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 4
thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 5
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 6
this section shall, in the case of a public highway, be paid into the county road fund, 7
and, in the case of a privately owned road or bridge, be paid to the owner. These 8
fines shall not bar an action for damages for breach of contract. 9
(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not 10
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 11
offense. 12
(14) Any person who violates any provision of KRS 189.575 shall be fined not less than 13
twenty dollars ($20) nor more than twenty-five dollars ($25). 14
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 15
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 16
(16) Any person who violates restrictions or regulations established by the secretary of 17
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 18
be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 19
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 20
imprisoned for thirty (30) days, or both. 21
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 22
of a Class B misdemeanor. 23
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 24
case of violation by any person in whose name the vehicle used in the 25
transportation of inflammable liquids or explosives is licensed, the person 26
shall be fined not less than one hundred dollars ($100) nor more than five 27 UNOFFICIAL COPY 23 RS BR 809
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hundred dollars ($500). Each violation shall constitute a separate offense. 1
(18) Any person who abandons a vehicle upon the right-of-way of a state highway for 2
three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor 3
more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 4
nor more than thirty (30) days. 5
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 6
unless the offense is being committed by a defendant fleeing the commission of a 7
felony offense which the defendant was also charged with violating and was 8
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 9
(20) Any law enforcement agency which fails or refuses to forward the reports required 10
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 11
(21) A person who operates a bicycle in violation of the administrative regulations 12
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 13
nor more than one hundred dollars ($100). 14
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred 15
dollars ($500) or imprisoned for not more than six (6) months, or both. 16
(23) Any person who violates KRS 189.754 shall be fined not less than twenty-five 17
dollars ($25) nor more than three hundred dollars ($300). 18
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 19
dollars ($50). This fine shall be subject to prepayment. A fine imposed under this 20
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 21
court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 22
or any other additional fees or costs. 23
(25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a 24
uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 25
For a violation on or after July 1, 2009, the person shall be fined thirty dollars 26
($30). This fine shall be subject to prepayment. A fine imposed under this 27 UNOFFICIAL COPY 23 RS BR 809
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subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 1
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 2
any other additional fees or costs. A person who has not been previously charged 3
with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 4
the requirements of KRS 189.125. Upon presentation of sufficient proof of the 5
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 6
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 7
amount not to exceed twenty-five dollars ($25). This fine shall be subject to 8
prepayment. A fine imposed under this subsection shall not be subject to court costs 9
pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee 10
imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 11
(27) Fines levied pursuant to this chapter shall be assessed in the manner required by 12
KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall 13
be governed by KRS 534.020 and 534.060. 14
(28) A licensed driver under the age of eighteen (18) charged with a moving violation 15
pursuant to this chapter as the driver of a motor vehicle may be referred, prior to 16
trial, by the court to a diversionary program. The diversionary program under this 17
subsection shall consist of one (1) or both of the following: 18
(a) Execution of a diversion agreement which prohibits the driver from operating 19
a vehicle for a period not to exceed forty-five (45) days and which allows the 20
court to retain the driver's operator's license during this period; and 21
(b) Attendance at a driver improvement clinic established pursuant to KRS 22
186.574. If the person completes the terms of this diversionary program 23
satisfactorily the violation shall be dismissed. 24
(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall 25
be fined two hundred fifty dollars ($250). The fines and costs for a violation of 26
subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 27 UNOFFICIAL COPY 23 RS BR 809
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accordance with KRS 24A.180. Once deposited into the State Treasury, ninety 1
percent (90%) of the fine collected under this subsection shall immediately be 2
forwarded to the personal care assistance program under KRS 205.900 to 205.920. 3
Ten percent (10%) of the fine collected under this subsection shall annually be 4
returned to the county where the violation occurred and distributed equally to all 5
law enforcement agencies within the county. 6
(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars 7
($25) for the first offense and fifty dollars ($50) for each subsequent offense. 8
[(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 9
hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 10
imposed under this subsection shall not be subject to court costs pursuant to KRS 11
24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 12
KRS 24A.1765, or any other additional fees or costs.] 13
Section 5. KRS 186.010 (Effective January 1, 2024) is amended to read as 14
follows: 15
As used in this chapter, unless otherwise indicated: 16
(1) "Cabinet," as used in KRS 186.400 to 186.640, means the Transportation Cabinet; 17
except as specifically designated, "cabinet," as used in KRS 186.020 to 186.270, 18
means the Transportation Cabinet only with respect to motor vehicles, other than 19
commercial vehicles; "cabinet," as used in KRS 186.020 to 186.270, means the 20
Department of Vehicle Regulation when used with respect to commercial vehicles; 21
(2) "Highway" means every way or place of whatever nature when any part of it is 22
open to the use of the public, as a matter of right, license, or privilege, for the 23
purpose of vehicular traffic; 24
(3) "Manufacturer" means any person engaged in manufacturing motor vehicles who 25
will, under normal conditions during the year, manufacture or assemble at least ten 26
(10) new motor vehicles; 27 UNOFFICIAL COPY 23 RS BR 809
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(4) "Motor vehicle" means in KRS 186.020 to 186.260, all vehicles, as defined in 1
paragraph (a) of subsection (8) of this section, which are propelled otherwise than 2
by muscular power. As used in KRS 186.400 to 186.640, it means all vehicles, as 3
defined in paragraph (b) of subsection (8) of this section, which are self-propelled. 4
"Motor vehicle" shall not include a moped as defined in this section, but for 5
registration purposes shall include low-speed vehicles and military surplus vehicles 6
as defined in this section and vehicles operating under KRS 189.283. "Motor 7
vehicle" shall also include off-highway vehicles as defined in Section 1 of this 8
Act that are registered as motor vehicles under the provisions of Section 1 or 2 of 9
this Act; 10
(5) "Moped" means either a motorized bicycle whose frame design may include one (1) 11
or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or 12
a motorized bicycle with a step-through type frame which may or may not have 13
pedals rated no more than two (2) brake horsepower, a cylinder capacity not 14
exceeding fifty (50) cubic centimeters, an automatic transmission not requiring 15
clutching or shifting by the operator after the drive system is engaged, and capable 16
of a maximum speed of not more than thirty (30) miles per hour; 17
(6) "Operator" means any person in actual control of a motor vehicle upon a highway; 18
(7) (a) "Owner" means a person who holds the legal title of a vehicle or a person who 19
pursuant to a bona fide sale has received physical possession of the vehicle 20
subject to any applicable security interest. 21
(b) A vehicle is the subject of an agreement for the conditional sale or lease, with 22
the vendee or lessee entitled to possession of the vehicle, upon performance of 23
the contract terms, for a period of three hundred sixty-five (365) days or more 24
and with the right of purchase upon performance of the conditions stated in 25
the agreement and with an immediate right of possession vested in the 26
conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to 27 UNOFFICIAL COPY 23 RS BR 809
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possession, the conditional vendee or lessee or mortgagor shall be deemed the 1
owner. 2
(c) A licensed motor vehicle dealer who transfers physical possession of a motor 3
vehicle to a purchaser pursuant to a bona fide sale, and complies with the 4
requirements of KRS 186A.220, shall not be deemed the owner of that motor 5
vehicle solely due to an assignment to his or her dealership or a certificate of 6
title in the dealership's name. Rather, under these circumstances, ownership 7
shall transfer upon delivery of the vehicle to the purchaser, subject to any 8
applicable security interest; 9
(8) (a) "Vehicle," as used in KRS 186.020 to 186.260, includes all agencies for the 10
transportation of persons or property over or upon the public highways of this 11
Commonwealth and all vehicles passing over or upon said highways, except 12
electric low-speed scooters, road rollers, road graders, farm tractors, vehicles 13
on which power shovels are mounted, such other construction equipment 14
customarily used only on the site of construction and which is not practical for 15
the transportation of persons or property upon the highways, such vehicles as 16
travel exclusively upon rails, and such vehicles as are propelled by electric 17
power obtained from overhead wires while being operated within any 18
municipality or where said vehicles do not travel more than five (5) miles 19
beyond the city limit of any municipality. 20
(b) As used in KRS 186.400 to 186.640, "vehicle" means every device in, upon, 21
or by which any person or property is or may be transported or drawn upon a 22
public highway, except electric low-speed scooters, devices moved by human 23
and animal power or used exclusively upon stationary rails or tracks, or which 24
derives its power from overhead wires; 25
(9) KRS 186.020 to 186.270 apply to motor vehicle licenses. KRS 186.400 to 186.640 26
apply to operator's licenses; 27 UNOFFICIAL COPY 23 RS BR 809
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(10) "Dealer" means any person engaging in the business of buying or selling motor 1
vehicles; 2
(11) "Commercial vehicles" means all motor vehicles that are required to be registered 3
under the terms of KRS 186.050, but not including vehicles primarily designed for 4
carrying passengers and having provisions for not more than nine (9) passengers 5
(including driver), motorcycles, sidecar attachments, pickup trucks and passenger 6
vans which are not being used for commercial or business purposes, and motor 7
vehicles registered under KRS 186.060; 8
(12) "Resident" means any person who has established Kentucky as his or her state of 9
domicile. Proof of residency shall include but not be limited to a deed or property 10
tax bill, utility agreement or utility bill, or rental housing agreement. The possession 11
by an operator of a vehicle of a valid Kentucky operator's license shall be prima-12
facie evidence that the operator is a resident of Kentucky; 13
(13) "Special status individual" means: 14
(a) "Asylee" means any person lawfully present in the United States who 15
possesses an I-94 card issued by the United States Department of Justice, 16
Immigration and Naturalization Service, on which it states "asylum status 17
granted indefinitely pursuant to Section 208 of the Immigration & Nationality 18
Act"; 19
(b) "K-1 status" means the status of any person lawfully present in the United 20
States who has been granted permission by the United States Department of 21
Justice, Immigration and Naturalization Service to enter the United States for 22
the purpose of marrying a United States citizen within ninety (90) days from 23
the date of that entry; 24
(c) "Refugee" means any person lawfully present in the United States who 25
possesses an I-94 card issued by the United States Department of Justice, 26
Immigration and Naturalization Service, on which it states "admitted as a 27 UNOFFICIAL COPY 23 RS BR 809
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refugee pursuant to Section 207 of the Immigration & Nationality Act"; and 1
(d) "Paroled in the Public Interest" means any person lawfully present in the 2
United States who possesses an I-94 card issued by the United States 3
Department of Justice, Immigration and Naturalization Service, on which it 4
states "paroled pursuant to Section 212 of the Immigration & Nationality Act 5
for an indefinite period of time"; 6
(14) "Instruction permit" includes both motor vehicle instruction permits and motorcycle 7
instruction permits; 8
(15) "Motorcycle" means any motor driven vehicle that has a maximum speed that 9
exceeds fifty (50) miles per hour, has a seat or saddle for the use of the operator, 10
and is designed to travel on not more than three (3) wheels in contact with the 11
ground, including vehicles on which the operator and passengers ride in an enclosed 12
cab. Only for purposes of registration, "motorcycle" shall include a motor scooter, 13
an alternative-speed motorcycle, and an autocycle as defined in this section, but 14
shall not include a tractor or a moped as defined in this section; 15
(16) "Low-speed vehicle" means a motor vehicle that: 16
(a) Is self-propelled using an electric motor, combustion-driven motor, or a 17
combination thereof; 18
(b) Is four (4) wheeled; and 19
(c) Is designed to operate at a speed not to exceed twenty-five (25) miles per hour 20
as certified by the manufacturer; 21
(17) "Alternative-speed motorcycle" means a motorcycle that: 22
(a) Is self-propelled using an electric motor; 23
(b) Is three (3) wheeled; 24
(c) Has a fully enclosed cab and includes at least one (1) door for entry; 25
(d) Is designed to operate at a speed not to exceed forty (40) miles per hour as 26
certified by the manufacturer; and 27 UNOFFICIAL COPY 23 RS BR 809
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(e) Is not an autocycle as defined in this section; 1
(18) "Multiple-vehicle driving range" means an enclosed area that is not part of a 2
highway or otherwise open to the public on which a number of motor vehicles may 3
be used simultaneously to provide driver training under the supervision of one (1) 4
or more driver training instructors; 5
(19) "Autocycle" means any motor vehicle that: 6
(a) Is equipped with a seat that does not require the operator to straddle or sit 7
astride it; 8
(b) Is designed to travel on three (3) wheels in contact with the ground; 9
(c) Is designed to operate at a speed that exceeds forty (40) miles per hour as 10
certified by the manufacturer; 11
(d) Allows the operator and passenger to ride either side-by-side or in tandem in a 12
seating area that may be enclosed with a removable or fixed top; 13
(e) Is equipped with a three (3) point safety belt system; 14
(f) May be equipped with a manufacturer-installed air bags or a roll cage; 15
(g) Is designed to be controlled with a steering wheel and pedals; and 16
(h) Is not an alternative-speed motorcycle as defined in this section; 17
(20) "Military surplus vehicle" means a multipurpose wheeled surplus military vehicle 18
that: 19
(a) Is not operated using continuous tracks; 20
(b) Was originally manufactured for and sold directly to the Armed Forces of the 21
United States; and 22
(c) Was originally manufactured under the federally mandated requirements set 23
forth in 49 C.F.R. sec. 571.7; 24
(21) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, 25
and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid 26
species; 27 UNOFFICIAL COPY 23 RS BR 809
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(22) "Identity document" means an instruction permit, operator's license, or personal 1
identification card issued under KRS 186.4102, 186.412, 186.4121, 186.4122, and 2
186.4123 or a commercial driver's license issued under KRS Chapter 281A; 3
(23) "Travel ID," as it refers to an identity document, means a document that complies 4
with Pub. L. No. 109-13, Title II; 5
(24) "Motor scooter" means a low-speed motorcycle that is: 6
(a) Equipped with wheels greater than sixteen (16) inches in diameter; 7
(b) Equipped with an engine greater than fifty (50) cubic centimeters; 8
(c) Designed to operate at a speed not to exceed fifty (50) miles per hour; 9
(d) Equipped with brake horsepower of two (2) or greater; and 10
(e) Equipped with a step-through frame or a platform for the operator's feet; 11
(25) "Alternative technology," as used in KRS 186.400 to 186.640, means methods used 12
by the cabinet to facilitate the issuance of operator's licenses and personal 13
identification cards outside of the normal in-person application at a cabinet office, 14
including but not limited to a cabinet mobile unit or online services; 15
(26) "Electric motorcycle" means the same as "motorcycle" or "motor scooter" as 16
defined in this section, that is powered by a: 17
(a) Battery or equivalent energy storage device that can be charged with an 18
electric plug using an external electricity source; or 19
(b) Combination of an internal combustion engine and electric motor; 20
(27) "Electric vehicle" means any vehicle that has plug-in charging capability, regardless 21
of whether the vehicle is powered by: 22
(a) An electric motor only; or 23
(b) A combination of an internal combustion engine and electric power; and 24
(28) "Hybrid vehicle" means any vehicle that does not have plug-in charging capability 25
and is powered by a combination of an internal combustion engine and an electric 26
motor. 27 UNOFFICIAL COPY 23 RS BR 809
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Section 6. KRS 186A.070 is amended to read as follows: 1
(1) Except as otherwise provided, the state resident owner of a vehicle as defined in 2
KRS 186.010(8)(a), manufactured home as defined in KRS 186.650, or trailer 3
which will not be operated upon the highways of this state shall within fifteen (15) 4
days apply for and obtain a certificate of title in his or her name. He or she shall 5
not, however, be required to obtain a certificate of registration until the vehicle, 6
manufactured home, or trailer is to be operated upon the highways of this state. 7
(2) On or after July 1, 2010, any state resident who purchases an all-terrain vehicle as 8
defined in KRS 189.010 shall apply for and obtain a certificate of title in the 9
purchaser's name within fifteen (15) days of purchase. The owner of an all-terrain 10
vehicle shall not be eligible to obtain a certificate of registration pursuant to KRS 11
186.020. 12
(3) On or after July 1, 2010, any state resident who owns an all-terrain vehicle and 13
creates a security interest on that vehicle shall be required to obtain a certificate of 14
title within fifteen (15) days of the creation of the security interest. The perfection 15
and discharge of the security interest shall be governed by KRS 186A.190, 16
186A.193, 186A.195, 186A.200, 186A.205, 186A.210, and 186A.215. The owner 17
of an all-terrain vehicle shall not be eligible to obtain a certificate of registration 18
pursuant to KRS 186.020. 19
(4) An all-terrain vehicle shall not be operated upon the roadways of this state, except 20
in accordance with KRS 189.515. The provisions of this subsection shall not apply 21
to off-highway vehicles registered as motor vehicles under Section 1 or 2 of this 22
Act. 23
Section 7. The following KRS section is repealed: 24
189.281 Local government pilot program for off-highway vehicles. 25
Section 8. This Act takes effect July 1, 2024. 26