189.010 Definitions for chapter.
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/ky/chapter-189/189-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter:
(1)"Department" means the Department of Highways;
(2)"Crosswalk" means:
(a)That part of a roadway at an intersection within the connections of the lateral
lines of the sidewalks on opposite sides of the highway measured from the
curbs or in the absence of curbs, from the edges of the traversable roadway; or
(b)Any portion of a roadway at an intersection or elsewhere distinctly indicated
for pedestrian crossing by lines or other markings on the surface;
(3)"Highway" means any public road, street, avenue, alley or boulevard, bridge,
viaduct, or trestle and the approaches to them and includes private residential roads
and parking lots covered by an agreement under KRS 61.362, off-street parking
facilities offered for public use, whether publicly or privately owned, except for-
hire parking facilities listed in KRS 189.700;
(4)"Intersection" means:
(a)The area embraced within the prolongation or connection of the lateral curb
lines, or, if none, then the lateral boundary lines of the roadways of two
highways which join one another, but do not necessarily continue, at
approximately right angles, or the area within which vehicles traveling upon
different highways joining at any other angle may come into conflict; or
(b)Where a highway includes two
(2)roadways thirty
(30)feet or more apart,
then every crossing of each roadway of such divided highway by an
intersecting highway shall be regarded as a separate intersection. If the
intersecting highway also includes two
(2)roadways thirty
(30)feet or more
apart, every crossing of two
(2)roadways of the highways shall be regarded as
a separate intersection. The junction of a private alley with a public street or
highway shall not constitute an intersection;
(5)"Manufactured home" has the same meaning as defined in KRS 186.650;
(6)"Motor truck" means any motor-propelled vehicle designed for carrying freight or
merchandise. It shall not include self-propelled vehicles designed primarily for
passenger transportation but equipped with frames, racks, or bodies having a load
capacity of not exceeding one thousand (1,000) pounds;
(7)"Operator" means the person in actual physical control of a vehicle;
(8)"Pedestrian" means any person afoot or in a wheelchair;
(9)"Right-of-way" means the right of one
(1)vehicle or pedestrian to proceed in a
lawful manner in preference to another vehicle or pedestrian approaching under
such circumstances of direction, speed, and proximity as to give rise to danger of
collision unless one grants precedence to the other;
(10)"Roadway" means that portion of a highway improved, designed, or ordinarily used
for vehicular travel, exclusive of the berm or shoulder. If a highway includes two
(2)or more separate roadways, the term "roadway" as used herein shall refer to any
roadway separately but not to all such roadways collectively;
(11)"Safety zone" means the area or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or is so marked or indicated by
adequate signs as to be plainly visible at all times while set apart as a safety zone;
(12)"Semitrailer" means a vehicle designed to be attached to, and having its front end
supported by, a motor truck or truck tractor, intended for the carrying of freight or
merchandise and having a load capacity of over one thousand (1,000) pounds;
(13)"Truck tractor" means any motor-propelled vehicle designed to draw and to support
the front end of a semitrailer. The semitrailer and the truck tractor shall be
considered to be one
(1)unit;
(14)"Sharp curve" means a curve of not less than thirty
(30)degrees;
(15)"State Police" includes any agency for the enforcement of the highway laws
established pursuant to law;
(16)"Steep grade" means a grade exceeding seven percent (7%);
(17)"Trailer" means any vehicle designed to be drawn by a motor truck or truck-tractor,
but supported wholly upon its own wheels, intended for the carriage of freight or
merchandise and having a load capacity of over one thousand (1,000) pounds;
(18)"Unobstructed highway" means a straight, level, first-class road upon which no
other vehicle is passing or attempting to pass and upon which no other vehicle or
pedestrian is approaching in the opposite direction, closer than three hundred
yards;
(a)"Vehicle" includes:
1. All agencies for the transportation of persons or property over or upon
the public highways of the Commonwealth; and
2. All vehicles passing over or upon the highways.
(b)"Motor vehicle" includes all vehicles, as defined in paragraph
(a)of this
subsection, except:
1. Road rollers;
2. Road graders;
3. Farm tractors;
4. Vehicles on which power shovels are mounted;
5. Construction equipment customarily used only on the site of
construction and which is not practical for the transportation of persons
or property upon the highways;
6. Vehicles that travel exclusively upon rails;
7. Vehicles propelled by electric power obtained from overhead wires
while being operated within any municipality or where the vehicles do
not travel more than five
(5)miles beyond the city limits of any
municipality;
8. Vehicles propelled by muscular power; and
9. Electric low-speed scooters;
(20)"Reflectance" means the ratio of the amount of total light, expressed in a
percentage, which is reflected outward by the product or material to the amount of
total light falling on the product or material;
(21)"Sunscreening material" means a product or material, including film, glazing, and
perforated sunscreening, which, when applied to the windshield or windows of a
motor vehicle, reduces the effects of the sun with respect to light reflectance or
transmittance;
(22)"Transmittance" means the ratio of the amount of total light, expressed in a
percentage, which is allowed to pass through the product or material, including
glazing, to the amount of total light falling on the product or material and the
glazing;
(23)"Window" means any device designed for exterior viewing from a motor vehicle,
except the windshield, any roof-mounted viewing device, and any viewing device
having less than one hundred fifty
(150)square inches in area;
(24)"All-terrain vehicle" means any motor vehicle used for recreational off-road use;
(25)"Nondivisible load," as pertains to state highways that are not part of the national
truck network established pursuant to 23 C.F.R. pt. 658, means a load or vehicle,
that if separated into smaller loads or vehicles:
(a)Compromises the intended use of the vehicle, making it unable to perform the
function for which it was intended;
(b)Destroys the value of the load or vehicle, making it unusable for its intended
purpose; or
(c)Requires more than four
(4)work hours to dismantle and reassemble using
appropriate equipment;
(26)"Electric low-speed scooter" means a device that:
(a)Weighs less than one hundred
(100)pounds;
(b)Is equipped with wheels;
(c)Is equipped with handlebars;
(d)Is equipped with a brake adequate enough to stop and park the device;
(e)Is designed to be stood or sat upon;
(f)Is propelled by an electric motor, human power, or both; and
(g)Is designed to operate at a maximum speed of twenty
(20)miles per hour, on a
paved level surface, with or without human propulsion; and
(27)"Highway work zone" means that portion of a highway and the affected area
adjacent to a lane, berm, or shoulder, including a sidewalk, upon which
construction, reconstruction, resurfacing, maintenance, inspection, or other work of
that nature is being conducted by a government agency, private contractor, or utility
company.