189.390 Speed -- Secretary authorized to increase speed limit in certain areas by
900 words·~4 min read·
/ky/189-390A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
official order -- Parking.
(1)As used in this section, unless the context requires otherwise:
(a)"Business district" means the territory contiguous to and including a highway
if, within six hundred
(600)feet along the highway, there are buildings in use
for business or industrial purposes that occupy three hundred
(300)feet of
frontage on one
(1)side or three hundred
(300)feet collectively on both sides
of the highway;
(b)"Residential district" means the territory contiguous to and including a
highway not comprising a business district if the property on the highway for a
distance of three hundred
(300)feet or more is improved with residences or
residences and buildings in use for business; and
(c)"State highway" means a highway or street maintained by the Kentucky
Department of Highways.
(2)An operator of a vehicle upon a highway shall not drive at a greater speed than is
reasonable and prudent, having regard for the traffic and for the condition and use
of the highway.
(3)The speed limit for motor vehicles on state highways shall be as follows, unless
conditions exist that require lower speed for compliance with subsection
(2)of this
section, or the secretary of the Transportation Cabinet establishes a different speed
limit in accordance with subsection
(4)of this section:
(a)Sixty-five
(65)miles per hour on interstate highways and parkways;
(b)Fifty-five
(55)miles per hour on all other state highways; and
(c)Thirty-five
(35)miles per hour in a business or residential district.
(a)If the secretary of transportation determines, upon the basis of an engineering
and traffic investigation, that any speed limit is greater or less than is
reasonable or safe under the conditions found to exist at any intersection, or
upon any part of a state highway, the secretary of transportation may establish
by official order a reasonable and safe speed limit at the location. The
secretary shall not increase any speed limit established by subsection
(3)of
this section in excess of sixty-five
(65)miles per hour, except that,
notwithstanding the provisions of subsection (3)(a) of this section, the
secretary may increase the speed limit on any of the following segments of
highway to seventy
(70)miles per hour:
1. Interstate 24 (entire length);
2. Interstate 64 from Interstate 264 to the West Virginia state line;
3. Interstate 65 from Interstate 264 to the Tennessee state line;
4. Interstate 69 (entire length);
5. Interstate 71 from Interstate 264 to Interstate 275;
6. Interstate 75 from the Tennessee state line to Interstate 275;
7. Interstate 165 (entire length);
8. The Audubon Parkway (entire length);
9. The Julian M. Carroll Purchase Parkway (entire length);
10. The Bert T. Combs Mountain Parkway (entire length);
11. The Bert T. Combs Mountain Parkway Extension (entire length);
12. The Edward T. Breathitt Pennyrile Parkway (entire length);
13. The Wendell H. Ford Western Kentucky Parkway (entire length);
14. The Louie B. Nunn Cumberland Expressway (entire length);
15. The Martha Layne Collins Bluegrass Parkway (entire length); and
16. The William H. Natcher Parkway (entire length).
(b)In a highway work zone, the Transportation Cabinet may temporarily reduce
established speed limits without an engineering or traffic investigation. A
speed limit established under this paragraph shall become effective when and
where posted. The Transportation Cabinet shall post signs notifying the
traveling public of the temporary highway work zone maximum speed limit.
Nothing in this paragraph shall be construed to prevent the Transportation
Cabinet from using moveable or portable speed limit signs in highway work
zones.
(a)A city or a county may by ordinance establish speed limits within its own
jurisdiction, except as provided in paragraph
(b)of this subsection.
(b)The alteration of speed limits on state highways within a city or a county shall
not be effective until the alteration has been approved by the secretary of
transportation. The secretary shall not approve any alteration that could
increase any speed limit established by subsection (3)(b) or
(c)of this section
in excess of fifty-five
(55)miles per hour.
(c)If a county determines, upon the basis of an engineering and traffic
investigation and study, that it is unsafe to park motor vehicles on or along
any highway, other than a state highway, within the unincorporated areas of
the county, or that in any business district the congestion of traffic justifies a
reasonable limitation on the length of time any one
(1)motor vehicle is
permitted to park in such district so as to reduce the congestion, the fiscal
court may by ordinance establish "no parking" areas on the highway, or limit
the length of time any motor vehicle may be parked in any business district.
(6)The speed limit for motor vehicles in an off-street parking facility offered for public
use, whether publicly or privately owned, shall be fifteen
(15)miles per hour.
(7)Except as outlined in KRS 189.940, a person shall not drive a motor vehicle at a
speed that will impede or block the normal and reasonable movement of traffic,
except when reduced speed is necessary for safe operation or in compliance with
law.
(8)In every charge for a violation of any speed limit specified in this section, the
warrant or citation shall specify the speed at which the defendant is alleged to have
driven, and the lawful speed limit applicable at the location where the violation is
charged to have occurred.