189.281 Definitions for section -- Local government pilot program for off-highway
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/ky/189-281A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
vehicles. After June 29, 2021, and until July 1, 2027:
(1)As used in this section:
(a)"Local government" means:
1. A city, county, charter county government, urban-county government,
consolidated local government, or unified local government that is
located within the boundaries of a regional authority, or the Kentucky
Mountain Regional Recreation Authority established under KRS
148.0222, acting on behalf of a local government that is part of the
authority; or
2. Any city, county, charter county government, urban-county government,
consolidated local government, or unified local government that
operates a public OHV trail system;
(b)"Off-highway vehicle" or "OHV" means a motorized vehicle that:
1. Is designed to be primarily used for recreational purposes;
2. Has a maximum speed that is greater than thirty-five
(35)miles per
hour;
3. Is equipped with the following:
a. Four
(4)to six
(6)highway or nonhighway tires;
b. A steering wheel or steering mechanism;
c. Brakes;
d. Headlamps;
e. Tail lamps;
f. Brake lights;
g. One
(1)red reflex reflector on each side as far to the rear as
practicable and one
(1)red reflex reflector on the rear;
h. A working muffler;
i. A parking brake;
j. A spark arrestor; and
k. For multi-passenger vehicles, an exterior mirror mounted on the
driver's side of the vehicle, either an interior mirror or an exterior
mirror mounted on the passenger's side of the vehicle, and for each
designated seating position, a seatbelt assembly that conforms to
the federal motor vehicle safety standard provided in 49 C.F.R.
sec. 571.209; and
(c)"Regional authority" means:
1. The Kentucky Mountain Regional Recreation Authority established in
KRS 148.0222; and
2. Any other authority established in Kentucky Revised Statutes that
oversees lands in two
(2)or more contiguous counties, on which there is
a system of recreational trails, including streams, rivers, and other
waterways, and appurtenant facilities, including trailhead centers,
parking areas, camping facilities, picnic areas, recreational areas,
historic or cultural interpretive sites, and other facilities in Kentucky and
designated by the regional authority.
(a)The legislative body of a local government that is currently or formerly
located within the boundaries of a regional authority, or which currently
operates a public OHV trail system, may establish a pilot program, by
ordinance, to authorize and regulate the operation of an OHV on any public
roadway or any section of city or county roadway for which it bears
responsibility.
(b)Prior to enacting an OHV ordinance under paragraph
(a)of this subsection,
the legislative body of a local government shall notify the public of its plans
to allow OHV use on roadways under its jurisdiction. Public notice under this
paragraph shall:
1. Notify the public of the time, subject, and location of the public meeting
and shall be posted in both a local newspaper, if any, and a newspaper of
general circulation in the county;
2. Include a list and map of all roadways and connecting trails that the
local government intends to designate for OHV use; and
3. Be placed on the website of the local government.
(c)A local government may petition the Transportation Cabinet to include, in an
OHV ordinance adopted under paragraph
(a)of this subsection, state-
maintained roadways or sections of state-maintained roadways located within
the local government's jurisdictional boundaries. The local government shall
submit the following to the Transportation Cabinet for approval:
1. The minutes from the public meeting or meetings held prior to adoption
of an OHV ordinance under this subsection;
2. A list and map of all roadways and connecting trails that the local
government intends to designate for OHV use;
3. An enforcement plan to ensure that all OHVs operating on roadways
under this section meet all of the requirements established under this
section, including verification of required insurance coverage;
4. A plan to notify the public and OHV users of the operation of OHVs on
state and local roadways within the boundaries of the local government;
5. A safety plan for OHV roadway use; and
6. Any other requirements established by the Transportation Cabinet under
subsection
(16)of this section.
(d)The Transportation Cabinet shall, within ninety
(90)days of receipt of a
petition and all information required in paragraph
(c)of this subsection,
respond to the local government with approval or denial of the request
submitted.
(e)Any OHV ordinance adopted under this section shall be adopted at a public
meeting.
(3)A fully controlled access highway shall not be designated for OHV use under this
section.
(4)A local government that has enacted an OHV ordinance under this section shall
notify the Transportation Cabinet of any collision involving an OHV that occurred
on any roadway approved for OHV use under this section.
(5)A person may operate an OHV on a public roadway pursuant to subsection
(2)of
this section if the:
(a)Operator is eighteen
(18)years of age or older;
(b)Operator has a valid operator's license in his or her possession;
(c)OHV is insured by the owner or operator, for the payment of tort liabilities in
the same form and amounts as set forth in KRS 304.39-110 for motorcycles;
(d)Proof of insurance is inside the OHV at all times of operation on a public
roadway; and
(e)OHV is equipped with all safety equipment required under this section.
(6)Any person operating an OHV on a public roadway under this section shall be
subject to the same traffic regulations of this chapter as a motor vehicle, including
KRS 189.520 prohibiting the operation of a vehicle that is not a motor vehicle,
while under the influence of intoxicants or substances which may impair driving.
(7)A person shall not operate an OHV under this section on any public roadway:
(a)Between one
(1)hour after sunset and one
(1)hour before sunrise, unless the
person can demonstrate cause for driving, including but not limited to
emergencies; or
(b)While carrying passengers on a trailer or any other towed unit.
(8)Any passenger of an OHV that is under the age of sixteen
(16)shall be required to
wear a helmet that meets the national standards prescribed by the United States
Department of Transportation.
(9)An operator and any passengers shall wear eye protection when operating or riding
an OHV that is not equipped with a windshield.
(a)The Transportation Cabinet shall be responsible for the cost, placement, and
maintenance of signage denoting state highways that have been authorized for
OHV use under this section.
(b)The local government shall be responsible for the cost, placement, and
maintenance of signage denoting local roadways that have been designated for
OHV use under this section.
(c)The local government shall be responsible for monthly inspection of state and
local OHV signage.
(11)An OHV operating on a public roadway designated by a local government under
subsection
(2)of this section is not considered to be a motor vehicle and shall be
exempt from:
(a)Vehicle registration requirements of KRS 186.050; and
(b)Emissions compliance certificates pursuant to KRS 224.20-720.
(12)A local government may adopt more stringent local ordinances governing OHV
safety equipment and operation than specified in this section.
(13)If deemed in the interest of public safety, the Transportation Cabinet may:
(a)Prohibit the operation of an OHV on any public roadway designated under
subsection
(2)of this section that crosses a state-maintained roadway; or
(b)Rescind approval given under subsection (2)(d) of this section.
(14)This section shall not apply to:
(a)An OHV operated on any private or public recreational trail or area;
(b)An OHV operating under the exemptions for highway use under KRS
189.515; or
(c)A publicly owned and operated OHV used for wildlife management, law
enforcement, emergency services, or other governmental purposes.
(15)Nothing in this section shall be interpreted or construed to require an insurance
company to provide OHV insurance coverage.
(16)The Transportation Cabinet shall promulgate administrative regulations pursuant to
KRS Chapter 13A to implement this section, including but not limited to:
(a)Prescribing of any forms or applications needed;
(b)Establishing criteria for OHV ordinances;
(c)Establishing OHV enforcement requirements;
(d)Establishing criteria for rescinding approval pursuant to subsection
(13)of
this section;
(e)Establishing OHV safety requirements;
(f)Establishing OHV safety equipment verification protocol; and
(g)Establishing OHV safety plan requirements.