SB 75 — AN ACT relating to off-highway vehicles and making an appropriation therefor.

(a) Is self-propelled using an electric motor;

(b) Is three (3) wheeled;

(c) Has a fully enclosed cab and includes at least one (1) door for entry;

(d) Is designed to operate at a speed not to exceed forty (40) miles per hour as certified by the manufacturer;

and (e) Is not an autocycle as defined in this section;

(18) "Multiple-vehicle driving range" means an enclosed area that is not part of a highway or otherwise open to the public on which a number of motor vehicles may be used simultaneously to provide driver training under the supervision of one (1) or more driver training instructors;

(19) "Autocycle" means any motor vehicle that:

(a) Is equipped with a seat that does not require the operator to straddle or sit astride it;

(b) Is designed to travel on three (3) wheels in contact with the ground;

(c) Is designed to operate at a speed that exceeds forty (40) miles per hour as certified by the manufacturer;

(d) Allows the operator and passenger to ride either side-by-side or in tandem in a seating area that may be enclosed with a removable or fixed top;

(e) Is equipped with a three (3) point safety belt system;

Page 5 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 (f) May be equipped with a manufacturer-installed air bags or a roll cage;

(g) Is designed to be controlled with a steering wheel and pedals;

and (h) Is not an alternative-speed motorcycle as defined in this section;

(20) "Military surplus vehicle" means a multipurpose wheeled surplus military vehicle that:

(a) Is not operated using continuous tracks;

(b) Was originally manufactured for and sold directly to the Armed Forces of the United States;

and (c) Was originally manufactured under the federally mandated requirements set forth in 49 C.F.R.

sec.

571.7;

(21) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species;

(22) "Identity document" means an instruction permit, operator's license, or personal identification card issued under KRS 186.4102, 186.412, 186.4121, 186.4122, and 186.4123 or a commercial driver's license issued under KRS Chapter 281A;

(23) "Travel ID," as it refers to an identity document, means a document that complies with Pub.

L.

No.

109-13, Title II;[ and] (24) "Motor scooter" means a low-speed motorcycle that is:

(a) Equipped with wheels greater than sixteen (16) inches in diameter;

(b) Equipped with an engine greater than fifty (50) cubic centimeters;

(c) Designed to operate at a speed not to exceed fifty (50) miles per hour;

(d) Equipped with brake horsepower of two (2) or greater;

and (e) Equipped with a step-through frame or a platform for the operator's feet;

and (25) (a) "Off-Highway Vehicle" or "OHV" means a motorized vehicle that is designed to be primarily used for recreational purposes and:

Page 6 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 2.

Is equipped with a steering wheel, brakes, head lights, turn signals, a roll bar, seat belts, a working muffler, and a spark arrestor.arrestor;

(b) A"Local mini-truckgovernment" asmeans defineda incity, Sectioncounty, 5charter ofcounty thisgovernment, Acturban-county shallgovernment, alsoconsolidated belocal consideredgovernment, toor beunified anlocal OHV.government that is located within the boundaries of a regional authority;

Sectionand 2.(c) "Regional authority" means:

KRS1. 186.050 is amended to read as follows:

(1) The annualKentucky registrationMountain feeRegional shallRecreation beAuthority elevenestablished dollarsin fiftyKRS cents148.0222; ($11.50) for:

(a) Motor vehicles, including pickup trucks and passenger2. vans;

andAny (b)other Motorauthority carrierestablished vehicles,in asKentucky definedRevised Statutes that oversees lands in KRStwo 281.010,(2) primarilyor designedmore forcontiguous carryingcounties, passengerson orwhich passengersthere foris hirea system of recreational trails, including streams, rivers, and havingother beenwaterways, designedand appurtenant facilities, including trailhead centers, parking areas, camping facilities, picnic areas, recreational areas, historic or constructedcultural tointerpretive transportsites, notand moreother thanfacilities fifteenin (15)Kentucky passengers,and includingdesignated by the operator.regional authority.

(2) Except(a) asThe providedlegislative inbody KRSof 186.041a local government may, by ordinance, authorize and 186.162,Page 1 of 7 SB007510.100 - 1300 - XXXX GA UNOFFICIAL COPY 20 RS SB 75/GA regulate the annualoperation registrationof feean forOHV eachon motorcycleany shallpublic beroadway nineor dollarsany ($9).section of city or county roadway for which it bears responsibility.

(3)(b) (a)If Alla motorlocal vehiclesgovernment havingwishes to include a declaredstate-maintained grossroadway weightin ofan vehicleordinance andadopted anyunder towedparagraph unit(a) of tenthis thousandsection, (10,000)the poundslegislative orbody less,of excepta thoselocal mentionedgovernment inshall subsectionssubmit (1)to andthe (2)Transportation ofCabinet thisa section,list areof classifiedstate-maintained asroadways commercialor vehiclessections andof thestate-maintained annualroadways registrationwithin fee,the exceptlocal asgovernment's providedjurisdictional inboundaries, subsections (4) to (14) of this section, shall be elevenconsidered dollarsfor andOHV fiftyuse centsunder ($11.50).this section.

(b)(c) AllThe motorTransportation vehicles,Cabinet exceptshall, thosewithin mentionedthirty in(30) subsectionsdays (1)of andreceipt (2) of thisa section,list andof thoseroadways engagedunder inparagraph hauling(b) passengersof forthis hiresection whichfrom area designedlocal orgovernment, constructedrespond to transport more than fifteen (15) passengers including the operator,local whosegovernment registrationwith feeapproval shallor bedenial oneof hundredany dollarsroadway ($100),or aresection classifiedof asa commercialroadway vehiclesthat andhas thebeen annualsubmitted registrationfor fee,OHV exceptuse asunder providedparagraph in(b) subsections (3)(a) and (4) to (14) of this section,subsection. shall be as follows:

PageA 7local ofgovernment 24shall XXXXinclude Jacketedany UNOFFICIALroadways COPYapproved 20by RSthe BRcabinet 1300in Declaredany Grossordinance Weightadopted ofunder Vehiclethis Registrationsubsection. and Any Towed Unit Fee 10,001-14,000 30.00 14,001-18,000 50.00 18,001-22,000 132.00 22,001-26,000 160.00 26,001-32,000 216.00 32,001-38,000 300.00 38,001-44,000 474.00 44,001-55,000 669.00 55,001-62,000 1,007.00 62,001-73,280 1,250.00 73,281-80,000 1,410.00 (4) (a) 1.

Any(3) farmerA owningfully acontrolled truckaccess havinghighway ashall grossnot weightbe ofdesignated twenty-six thousand (26,000) pounds or less may have it registered as a farmer's truck and obtain a license for elevenOHV dollarsuse andunder fiftythis centssection. ($11.50).

The(4) applicant'sAn signatureordinance uponadopted theunder certificatesubsection (2) of registrationthis andsection ownership shall constituterequire a certificate that hean isOHV aoperated farmeron engaged in the production of crops, livestock, or dairy products, that he owns a truckdesignated ofpublic theroadway: gross weight of twenty-six thousand (26,000) pounds or less, and that during the next twelve (12) months the truck shall not be used in for-hire transportation and may be used in transporting persons, food, provender, feed, machinery, livestock, material, and supplies necessary for his farming operation, and the products grown on his farm.

2.(a) Be issued an annual permit for the OHV by the local government;

Anyand farmer(b) owningDisplay a trucksticker havingor apermit grossthat weightidentifies ofthat twenty-sixthe thousandOHV oneis (26,001)allowed pounds to thirty-eightbe thousandoperated (38,000)on poundsspecific mayroadways havewithin itthe registeredlocal asgovernment's ajurisdictional farmer'sboundaries. truck and obtain a license for eleven Page 8 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 dollars and fifty cents ($11.50).

(5) The applicant'slocal signaturegovernment uponmay theassess certificate of registration and ownership shall constitute a certificatefee thatof: he is a farmer engaged in the production of crops, livestock, or dairy products, that he owns a truck of the gross weight between twenty-six thousand one (26,001) pounds and thirty-eight thousand (38,000) pounds, and that during the next twelve (12) months the truck shall not be used in for-hire transportation and may be used in transporting persons, food, provender, feed, machinery, livestock, material, and supplies necessary for his farming operation and the products grown on his farm.

(b)(a) AnyThirty farmerdollars owning($30) afor truckan havingannual aOHV declaredpermit grossissued weight in excess of thirty- eight thousand (38,000) pounds shall not be required to paya theresident fee set out in subsection (3) of this sectionCommonwealth; and, in lieu thereof, shall pay forty percent (40%) of the fee set out in subsection (3) of this section and shall be exempt from any fee charged under the provisions of KRS 281.752.

Theand applicant's(b) signatureFifty upondollars the($50) registrationfor receiptan shallannual beOHV consideredpermit issued to be a certificationnonresident. that he is a farmer engaged solely in the production of crops, livestock, or dairy products, and that during the current registration year the truck will be used only in transporting persons, food, provender, feed, and machinery used in operating his farm and the products grown on his farm.

(c)(6) AnOf initial applicant for, or an applicant renewing, his or her registration pursuant to this subsection, may at the timefees ofassessed applicationby make a voluntary contribution to be deposited into the agriculturallocal programgovernment trustunder fundsubsection established(5) inof KRSthis 246.247.section:

ThePage recommended2 voluntaryof contribution7 shallSB007510.100 be- set1300 at- tenXXXX dollarsGA ($10)UNOFFICIAL andCOPY automatically20 addedRS toSB the75/GA cost(a) ofFive registrationdollars or($5) renewalshall unlessbe theforwarded individualto registering or renewing the vehicleregional optsauthority; out of contributing the recommended amount.

The county clerk shall collect and Page(b) 9Five ofdollars 24($5) XXXXshall Jacketedbe UNOFFICIALforwarded COPY 20 RS BR 1300 forward the voluntary contribution to the cabinetTransportation forCabinet. distribution to the Department of Agriculture.

(5)(7) AnyAnnual personpermits owningissued aunder truckthis orsection busshall usedexpire solelyon inApril transporting1 school children and school employees may have the truck or bus registered as a school bus and obtain a license for eleven dollars fifty cents ($11.50) by filing with the county clerk, in addition to other information required, an affidavit stating that the truck or bus is used solely in the transportation of school children and persons employed in the schools of the district, that he has caused to be printed on each sideyear. of the truck or bus and on the rear door the words "School Bus" in letters at least six (6) inches high, and of a conspicuous color, and the truck or bus will be used during the next twelve (12) months only for the purpose stated.

(6)(8) AnyA churchlocal orgovernment religious organization owning a truck or bus used solely in transporting persons to and from a place of worship or for other religious work may haveestablish the truck or bus registered as a church bus and obtain a license for eleven dollars and fifty cents ($11.50) by filing with the county clerk, in addition to other information required, an affidavitonline statingissuance thatsystem the truck or bus will be used only for the transportingsale of personsOHV topermits andunder fromthis asection. place of worship, or for other religious work, and that there has been printed on the truck or bus in large letters the words "Church Bus," with the name of the church or religious organization owning and using the truck or bus, and that during the next twelve (12) months the truck or bus will be used only for the purpose stated.

(7)(9) AnyA personlocal owninggovernment a motor vehicle with a gross weight of fourteen thousand (14,000) pounds or less on which a wrecker crane or other equipment suitable for wrecker service has been permanently mounted may registercontract the vehicle and obtain a license for eleven dollars fifty cents ($11.50) by filing with thea: county clerk, in addition to other information required, an affidavit that a wrecker crane or other equipment suitable for wrecker service has been permanently mounted on such Page 10 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 vehicle and that during the next twelve (12) months the vehicle will be used only in wrecker service.

If(a) theRegional grossauthority weightfor of the vehicleissuance exceedsand fourteensale thousandof (14,000)OHV pounds,permits theunder vehicle shall be registered in accordance with subsection (3) of this section.section;

Theand gross(b) weightPrivate ofvendor afor vehiclethe usedissuance inand wreckersale serviceof shallOHV notpermits includeunder thethis weightsection, ofat theretail vehiclelocations beingwithin towed by the wrecker.Commonwealth.

(8)(10) MotorPermit vehiclesfees havingpaid aunder declared gross weight in excess of eighteen thousand (18,000) pounds, which when operated in this statesection areshall usedbe exclusivelyseparate forfrom theany transportationfee ofthat propertymay withinbe theassessed limits of the city named in the affidavit hereinafter required to be filed, or within ten (10) miles of the cityoperator limits of thean cityOHV iffor it is a city with a population equal to or greater than three thousand (3,000) based upon the mostuse recent federal decennial census, or within five (5) miles of its limits if it is a cityprivate with a population of less than three thousand (3,000) based upon the most recent federal decennial census, or anywherepublic withinriding atrail. county containing an urban-county government, shall not be required to pay the fee as set out in subsection (3) of this section, and in lieu thereof shall pay seventy-five percent (75%) of the fee set forth in subsection (3) of this section and shall be exempt from any fee charged under the provisions of KRS 281.752.

Nothing(11) inA thisperson sectionmay shalloperate bean construedOHV toon limita anypublic rightroadway ofpursuant nonresidents to exemptionsubsection from(2) registration under any other provisions of thethis lawssection grantingif reciprocitythe: to nonresidents.

Operations(a) outsideOperator ofis thiseighteen state(18) shallyears notof beage considered in determining whether or notolder; the foregoing mileage limitations have been observed.

When(b) claimingOperator thehas right to the reduced fee, the applicant's signature on the certificate of registration and ownership shall constitute a certificationvalid oroperator's affidavitlicense stating that the motor vehicle when used within this state is used only for the transportation of property within the city to be named in thehis affidavitor andher thepossession; area above set out and that the vehicle will not be used outside of a city and the area above set out during the current registration period.

Page(c) 11OHV of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 (9) Motor vehicles having a declared gross weight in excess of eighteen thousand (18,000) pounds, which are used exclusively for the transportation of primary forest products from the harvest area to a mill or other processing facility, where such mill or processing facility is locatedinsured atby a point not more than fifty (50) air miles from the harvestowner area or whichoperator, are used exclusively for the transportationpayment of concretetort blocksliabilities orin ready-mixed concrete from the pointsame atform whichand suchamounts concrete blocks or ready- mixed concrete is produced to a construction site where such concrete blocks or ready-mixed concrete is to be used, where such construction site is located at a point not more than thirty (30) air miles from the point at which such concrete blocks or ready-mixed concrete is produced shall not be required to pay the fee as set outforth in subsectionKRS (3)304.39-110 offor thismotorcycles; section, and in lieu thereof, shall pay seventy-five percent (75%) of the fee set out in subsection (3) of this section and shall be exempt from any fee charged under the provisions of KRS 281.752.

Theand applicant's(d) signatureProof upon the certificate of registrationinsurance andis ownershipinside shall constitute a certification that the motorOHV vehicleat willall nottimes beof usedoperation duringon thea currentpublic registrationroadway. period in any manner other than that for which the reduced fee is provided in this section.

(10)(12) Any ownerperson ofoperating aan commercialOHV vehicleon registered for a declaredpublic grossroadway weightunder inthis excesssection ofshall eighteenbe thousandsubject (18,000) pounds, intending to transfer same and desiring to take advantage of the refundtraffic provisionsregulations of KRS 186.056(2),Chapter may189. reregister such vehicle and obtain a "For Sale" certificate of registration and ownership for one dollar ($1).

Title(13) toAny apassenger vehicleof soan registeredOHV maythat beis transferred,under butthe suchage registrationof eighteen (18), shall notbe authorizerequired theto operationwear ora usehelmet ofthat meets the vehiclestandards onprescribed anyby publicthe highway.cabinet for all-terrain vehicle use.

No(14) refundAn mayoperator beand madeany underpassengers theshall provisionswear eye protection when operating or Page 3 of KRS7 186.056(2)SB007510.100 until- such1300 time- asXXXX theGA titleUNOFFICIAL toCOPY such20 vehicleRS hasSB been75/GA transferredriding toan theOHV purchaserthat thereof.is not equipped with a windshield.

Provided,(15) however,An thatOHV nothingpermit hereinissued shallunder bethis sosection construedshall asallow tofor prevent the selleroperation of a commercialpermit vehicleholder's fromOHV transferringon: the registration of such vehicle to any purchaser thereof.

Page(a) 12Roadways ofdesignated 24under XXXXsubsection Jacketed(2) UNOFFICIALof COPYthis 20section RSby BR 1300 (11) The annual registration fee for self-propelled vehicles containing sleeping or eating facilities shall be twenty dollars ($20) and the multiyearlocal licensegovernment platethat issued shallthe beowner designatedan "RecreationalOHV vehicle."permit Theunder foregoingthis shallsection; not include any motor vehicle primarily designed for commercial or farm use having temporarily attached thereto any sleeping or eating facilities, or any commercial vehicle having sleeping facilities.

(12)and The(b) registrationRoadways feeof on any vehicleother registeredlocal undergovernment thisin sectionthe shallCommonwealth bethat increasedhave fiftybeen percentdesignated (50%)for whenOHV theuse vehicleunder issubsection not(2) equippedof whollythis withsection. pneumatic tires.

(13)(16) (a) TheTransportation DepartmentCabinet ofshall Vehiclebe Regulationresponsible is authorized to negotiate and execute an agreement or agreements for the purposeplacement of developingsignage anddenoting institutingstate proportionalhighways registrationthat ofhave motorbeen vehiclesauthorized engagedfor inOHV interstateuse commerce,under orthis insection. a combination of interstate and intrastate commerce, and operating into, through, or within the Commonwealth of Kentucky.

(b) The agreementlocal orgovernment agreementsshall may be maderesponsible onfor a basis commensurate with, and determined by, the milesplacement traveled on, and use made of, the highways of thissignage Commonwealthdenoting aslocal comparedroadways withthat thehave milesbeen traveleddesignated onfor andOHV use madeunder ofthis highwayssection. of other states, or upon any other equitable basis of proportional registration.

Notwithstanding(17) theAn provisionsOHV ofoperating KRSon 186.020,a thepublic cabinetroadway shalldesignated promulgateby administrativea regulationslocal concerninggovernment the registration of motor vehicles under anysubsection agreement(2) orof agreements made under this section andis shallnot provideconsidered forto directbe issuancemotor bya itvehicle ofand evidenceshall ofbe paymentexempt offrom: any registration fee required under such agreement or agreements.

Any(a) proportionalTitle registrationrequirements feeof requiredKRS to186.020; be collected under any proportional registration agreement or agreements shall be in accordance with the taxes established in this section.

(b) AnyVehicle ownerregistration requirements of a commercial vehicle who is required to title his motor vehicle under this section shall first title such vehicle with the county clerk pursuant to KRS 186.020186.050; for a state fee of one dollar ($1).

Titleand to(c) suchEmissions vehiclecompliance maycertificates bepursuant Pageto 13KRS of224.20-720. 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 transferred;

however(18) titleA withoutlocal propergovernment registrationmay shalladopt notmore authorizestringent thelocal operationordinances orgoverning useOHV ofsafety theequipment vehicleand onoperation anythan publicspecified highway.in this section.

Any(19) commercialIf vehicledeemed properly titled in Kentuckythe mayinterest also be registered in Kentucky, and, upon payment of thepublic requiredsafety, fees, the departmentTransportation mayCabinet issuemay: an apportioned registration plate to such commercial vehicle.

(c)(a) AnyProhibit commercialthe vehicleoperation thatof isan properlyOHV titledon inany apublic foreignroadway jurisdiction,designated whichunder vehiclesubsection is(2) subject to apportioned registration, as provided in paragraph (a) of this subsection,section maythat becrosses registereda instate-maintained Kentucky,roadway; and, upon proof of proper title and payment of the required fees, the department may issue an apportioned registration plate to the commercial vehicle.

Theor department(b) shallRescind promulgateapproval administrativegiven regulationsunder insubsection accordance(2)(c) withof this section.

(14)(20) AnyThis personsection seeking to obtain a special license plate for an automobile that has been provided to him pursuant to an occupation shall meetnot bothapply ofto: the following requirements:

(a) The automobile shall be provided for the full-time exclusive use of the applicant;

and (b) The applicant shall obtain permission in writing from the vehicle owner or lessee on a form provided by the cabinet to use the vehicle and for the vehicle to bear the special license plate.

(15) An applicant for any motor vehicle registration issued pursuant to this section shall have the opportunity to make a donation of two dollars ($2) to promote a hunger relief program through specific wildlife management and conservation efforts by the Department of Fish and Wildlife Resources in accordance with KRS 150.015.

If an applicant elects to make a contribution under this subsection, the two dollar ($2) donation shall be added to the regular fee for any motor vehicle registration issued pursuant to this section.

One (1) donation may be made per issuance of each registration.

The fee shall be paid to the county clerk and shall be transmitted by the Page 14 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 State Treasurer to the Department of Fish and Wildlife Resources to be used exclusively for the purpose of wildlife management and conservation activities in support of hunger relief.

The county clerk may retain up to five percent (5%) of the fees collected under this subsection for administrative costs associated with the collection of this donation.

Any donation requested under this subsection shall be voluntary and may be refused by the applicant at the time of issuance or renewal of a license plate.

(16) The annual registration fee for residents operating an OHV under Section 3 of this Act shall be the same fee as outlined in subsection (3)(a) of this section.

(17) The registration fee for nonresidents operating an OHV under Section 4 of this Act shall be thirty dollars ($30), of which the clerk shall retain five dollars ($5).

SECTION 3.

A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO READ AS FOLLOWS:

(1) As used in this section, "OHV" has the same meaning as in Section 1 of this Act.

(2) A person may operate an OHV on any:

(a) State highway designated under subsection (4) of this section;

and (b) Any county roadway, except county roadways that have been prohibited under subsection (5) of this section.

(3) Any person operating an OHV under this section shall be eighteen (18) years or older and possess a valid operator's license.

(4) The Transportation Cabinet shall, in conjunction with the Kentucky Mountain Regional Recreational Authority established under KRS 148.0222, identify state highways to be designated for OHV use under this section.

The cabinet shall not identify a fully controlled access highway as eligible for OHV operation.

(5) A local government may prohibit the use of an OHV on any county roadway under its jurisdiction, if the local government deems it to be unsafe.

(6) An OHV shall not be operated on any fully controlled access highway.

Page 15 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 (7) An OHV operating on a highway under this section shall:

(a) Prior to titling and registration, pass an inspection performed by a certified inspector in accordance with KRS 186A.115.

(b) Be titled in accordance with KRS Chapter 186A;

(c) Be registered as a motor vehicle in accordance with Section 2 of this Act;

(d) Be insured in compliance with KRS 304.39-080 by the owner, and the proof of insurance shall be kept inside the vehicle at all times of operation on a highway;

and (e) Comply with all traffic regulations outlined in this chapter.

(8) An operator and any passengers shall wear eye protection when operating or riding an OHV that is not equipped with a windshield.

(9) A nonresident owner of an OHV may operate under this section and shall be exempt from registration under this section, if the OHV is registered in a state that:

(a) Requires registration of OHVs;

(b) Requires that OHVs be insured;

and (c) Allows an OHV vehicle registered in the Commonwealth to operate in that state for a limited time.

(10) The Transportation Cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to implement this section, including but not limited to administrative regulations governing an on-line method of registration and the publishing of roadways identified under subsection (4) of this section.

(11) This section shall not apply to:

Page 4 of 7 SB007510.100 - 1300 - XXXX GA UNOFFICIAL COPY 20 RS SB 75/GA (b) An OHV operatedoperating under the exemptions for agriculturalhighway purposes;use under Section 2 of this Act;

PageSection 162. of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 SECTION 4.

A NEW SECTION OF KRS CHAPTER189.515 189is ISamended CREATEDto TOread READas ASfollows: FOLLOWS:

(1) As used in this section, "OHV""federal hasall-terrain vehicle standards" means the sameall-terrain meaningvehicle asstandards inset Sectionforth 1by the American National Standards Institute/Specialty Vehicle Institute of thisAmerica Act.and incorporated by reference in 16 C.F.R.

(2)sec. A nonresident of the Commonwealth who resides in a state that does not meet the requirements of subsection (9) of Section 3 of this Act may apply for a nonresident temporary registration permit to operate an OHV pursuant to Section 3 of this Act.

A1420.3, personto operating an OHV under this section shall be exempt from the titlingextent andthose registrationstandards provisionsare ofapplicable. Section 3 of this Act.

(3)(2) AExcept nonresidentfor temporaryvehicles registrationauthorized permitto issuedoperate underon a public highway as of July 15, 1998, and except as provided in subsection (7) of this sectionsection, a person shall benot validoperate foran sixall-terrain (6)vehicle months.upon any public highway or roadway or upon the right-of-way of any public highway or roadway.

(4)(3) TheA Transportationperson Cabinet shall promulgatenot administrativeoperate regulationsan pursuantall-terrain tovehicle KRSon Chapterprivate 13Aproperty towithout implement the provisionsconsent of thisthe section,landowner, includingtenant, butor notindividual limitedresponsible tofor administrativethe regulationsproperty. governing an on-line method of registration.

Section(4) 5.A person shall not operate an all-terrain vehicle on public property unless the governmental agency responsible for the property has approved the use of all-terrain vehicles.

KRS(5) 189.517Except isfor amendedvehicles authorized to readoperate ason follows:a public highway, a person sixteen (16) years of age or older operating an all-terrain vehicle on public property shall wear approved protective headgear, in the manner prescribed by the secretary of the Transportation Cabinet, at all times that the vehicle is in motion.

(1)The Asapproved usedheadgear inrequirement thisshall section,not "mini-truck"apply meanswhen athe lightweightoperator Japaneseof keiany classall-terrain utilityvehicle vehicle.is engaged in:

(2)(a) ExceptFarm as provided in Sections 3 and 4 of this Act and subsection (5) of this section, a person shall not operate a mini-truck upon any public highway or roadwayagriculture orrelated uponactivities; the right-of-way of any public highway or roadway.

(3)(b) AMining person shall not operate a mini-truck on private property without the consent of the landowner, tenant, or individualmining responsibleexploration foractivities; the property.

(4)(c) ALogging personactivities; shall not operate a mini-truck on public property unless the governmental agency responsible for the property has approved the use of mini-trucks.

(5)Page (a)5 Aof person7 maySB007510.100 operate- a1300 mini-truck- onXXXX anyGA twoUNOFFICIAL (2)COPY lane20 publicRS highwaySB in75/GA order(d) toAny crossother thebusiness, highway.commercial, or industrial activity;

In(e) crossingUse the highway under this paragraph, the operator shall cross the highway at as close to a ninety (90) degree angle as is Page 17 of 24that XXXXvehicle Jacketed UNOFFICIAL COPY 20 RS BR 1300 practical and safe, and shall not travel on theprivate highwayproperty; for more than two- tenths (2/10) of a mile.

(b)or A(f) personThe maycrossing operateof a mini-truck on any two (2) lane public highwayroadway ifwith thea operatorposted isspeed engagedlimit inof farmfifty-five or(55) agricultural-relatedmiles activities,per construction,hour road maintenance, or snowless. removal.

(c) The Transportationcrossing Cabinetof may designate, and a citypublic orroadway countyoutlined governmentin maythis designate,paragraph thoseshall publicbe highways,in segmentscompliance ofwith publicsubsection highways,(7)(a) and adjoining rights-of-way of publicthis highwayssection. under its jurisdiction where mini- trucks that are prohibited may be operated.

(d)(6) (a) A personparent operatingor alegal mini-truckguardian onof a publicminor highwaywho is under thisthe subsectionage of six (6) shall possessnot aknowingly validallow operator'sthat license.person to operate an all-terrain vehicle.

(e)(b) A person operatingunder athe mini-truckage onof asixteen public(16) highwayyears undershall thisnot subsectionoperate shallan complyall-terrain withvehicle allexcept applicableunder trafficdirect regulations.parental supervision.

(f)(c) A person shallunder notthe operateage aof mini-trucksixteen under(16) thisyears, subsectionwhen unlessoperating theor mini-riding truckas hasa atpassenger leaston twoan (2)all-terrain headlightsvehicle, andshall twowear (2)approved taillights,protective whichheadgear, shallin bethe illuminatedmanner prescribed by the secretary of the Transportation Cabinet, at all times that the mini-truckvehicle is in operation.motion.

(g)(d) A personparent operatingor guardian of a mini-truckminor who is under thisthe subsectionage shallof restrictsixteen the(16), operationor towho daylightdoes hours,not exceptpossess whenan engagedinstruction inpermit, snowan removalintermediate license, or emergencyan roadoperator's maintenance.license, shall not knowingly allow that person to carry a passenger while operating an all-terrain vehicle.

Section(e) 6.A parent or guardian of a minor under the age of sixteen (16) shall not knowingly allow that person to operate an all-terrain vehicle in violation of the age restriction warning label affixed by the manufacturer as required by the federal all-terrain vehicle standards.

KRS(7) 189.990(a) isExcept amendedfor off-highway vehicles in Section 1 of this Act, a person may operate an all-terrain vehicle on any two (2) lane public highway in order to readcross asthe follows:highway.

(1)In Anycrossing personthe whohighway violatesunder anythis ofparagraph, the provisionsoperator ofshall KRScross 189.020the tohighway 189.040,at subsectionas (1)close or (4) of KRS 189.050, KRS 189.060 to 189.080,a subsectionsninety (1)(90) todegree (3)angle ofas KRSis 189.090,practical KRSand 189.100,safe, 189.110, 189.130 to 189.160, subsections (2) to (4) of KRS 189.190, KRS 189.200, 189.285, 189.290, 189.300 to 189.360, KRS 189.380, KRS 189.400 to 189.430, KRS 189.450 to 189.458, KRS 189.4595 to 189.480, subsection (1) of KRS 189.520, KRS 189.540, KRS 189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 189.345, subsection (6) of Page 18 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 KRS 189.456, and 189.960 shall be fined not lesstravel thanon twentythe dollarshighway ($20)for nor more than onetwo-tenths hundred(2/10) dollarsof ($100)a formile. each offense.

AnyPage person6 who violates subsection (1)(a) of KRS7 189.580SB007510.100 shall- be1300 fined- notXXXX lessGA thanUNOFFICIAL twentyCOPY dollars20 ($20)RS norSB more75/GA than(b) twoA thousandperson dollarsmay ($2,000)operate oran imprisonedall-terrain invehicle theon countyany jailtwo for(2) notlane morepublic thanhighway, oneif (1) year, or both, unless the accidentoperator involvedis deathengaged orin seriousfarm physical injury and the person knew or shouldagricultural haverelated knownactivities, ofconstruction, theroad deathmaintenance, or serioussnow physicalremoval. injury, in which case the person shall be guilty of a Class D felony.

Any(c) personThe whoTransportation violatesCabinet paragraphmay (c)designate, ofand subsectiona (5)city or county government may designate, those public highways, segments of KRSpublic 189.390highways, shalland beadjoining finedrights-of-way notof lesspublic thanhighways elevenunder dollarsits ($11)jurisdiction norwhere moreall- thanterrain thirtyvehicles dollarsthat ($30).are prohibited may be operated.

Neither(d) courtA costsperson noroperating feesan shallall-terrain bevehicle taxedon againsta anypublic personhighway violatingunder paragraphthis (c)subsection ofshall subsectionpossess (5)a ofvalid KRSoperator's 189.390.license.

(2)(e) (a)A Any person whooperating violatesan theall-terrain weightvehicle provisionson ofa KRSpublic 189.212,highway 189.221,under 189.222,this 189.226,subsection 189.230, 189.270, or 189.2713 shall becomply finedwith twoall centsapplicable ($0.02)traffic perregulations. pound for each pound of excess load when the excess is five thousand (5,000) pounds or less.

When(f) theA excessperson exceedsshall fivenot thousandoperate (5,000)an poundsall-terrain thevehicle fineunder shallthis besubsection twounless centsthe ($0.02)all-terrain pervehicle poundhas forat eachleast poundone of(1) excessheadlight load,and buttwo the(2) finetaillights, leviedwhich shall not be lessilluminated thanat oneall hundredtimes dollarsthe ($100)vehicle andis shallin notoperation. be more than five hundred dollars ($500).

(b)(g) AnyA person whooperating violatesan theall-terrain provisionsvehicle ofunder KRSthis 189.271subsection andshall isrestrict operatingthe onoperation ato routedaylight designatedhours, onexcept thewhen permitengaged shallin besnow finedremoval oneor hundredemergency dollarsroad ($100);maintenance.

otherwise,(h) It shall be unlawful for a person to remove from an all-terrain vehicle the penaltiesmanufacturer inage paragraphrestriction (a)warning oflabel thisrequired subsectionby shallthe apply.federal all-terrain vehicle standards.

(c)Page Any7 person who violates any provision of subsection7 (2)SB007510.100 or- (3)1300 of- KRSXXXX 189.050,GA subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 189.2713, 189.280, or the dimension provisions of KRS 189.212, for which another penalty is not specifically provided shall be fined not less than ten dollars ($10) nor more than five hundred dollars ($500).

(d) 1.

Any person who violates the provisions of KRS 177.985 while operating Page 19 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 on a route designated in KRS 177.986 shall be fined one hundred dollars ($100).

2.

Any person who operates a vehicle with a permit under KRS 177.985 in excess of eighty thousand (80,000) pounds while operating on a route not designated in KRS 177.986 shall be fined one thousand dollars ($1,000).

(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to prejudice or affect the authority of the Department of Vehicle Regulation to suspend or revoke certificates of common carriers, permits of contract carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 to 189.228 or any other act applicable to motor vehicles, as provided by law.

(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not more than fifteen dollars ($15).

(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not less than thirty-five dollars ($35) nor more than two hundred dollars ($200).

(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).

(b) Any peace officer who fails, when properly informed, to enforce KRS 189.210 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).

(c) All fines collected under this subsection, after payment of commissions to officers entitled thereto, shall go to the county road fund if the offense is committed in the county, or to the city street fund if committed in the city.

(5) Any person who violates KRS 189.370 shall for the first offense be fined not less than one hundred dollars ($100) nor more than two hundred dollars ($200) or imprisoned not less than thirty (30) days nor more than sixty (60) days, or both.

For each subsequent offense occurring within three (3) years, the person shall be fined Page 20 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 not less than three hundred dollars ($300) nor more than five hundred dollars ($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or both.

The minimum fine for this violation shall not be subject to suspension.

A minimum of six (6) points shall be assessed against the driving record of any person convicted.

(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars ($15) in excess of the cost of the repair of the road.

(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than twenty dollars ($20) nor more than fifty dollars ($50).

(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not less than thirty-five dollars ($35) nor more than one hundred dollars ($100).

(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty- five dollars ($35) nor more than one hundred dollars ($100), or imprisoned not less than thirty (30) days nor more than twelve (12) months, or both.

(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty- five dollars ($35) nor more than one hundred dollars ($100).

(10) Any person who violates any of the provisions of KRS 189.550, Section 3 of this Act, or Section 4 of this Act shall be guilty of a Class B misdemeanor.

(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than thirty dollars ($30) nor more than one hundred dollars ($100) for each offense.

(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of this section shall, in the case of a public highway, be paid into the county road fund, and, in the case of a privately owned road or bridge, be paid to the owner.

These fines shall not bar an action for damages for breach of contract.

(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each offense.

Page 21 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 (14) Any person who violates any provision of KRS 189.575 shall be fined not less than twenty dollars ($20) nor more than twenty-five dollars ($25).

(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each offense.

(16) Any person who violates restrictions or regulations established by the secretary of transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned for thirty (30) days, or both.

(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty of a Class B misdemeanor.

(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in case of violation by any person in whose name the vehicle used in the transportation of inflammable liquids or explosives is licensed, the person shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Each violation shall constitute a separate offense.

(18) Any person who abandons a vehicle upon the right-of-way of a state highway for three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor more than one hundred dollars ($100), or imprisoned for not less than ten (10) days nor more than thirty (30) days.

(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, unless the offense is being committed by a defendant fleeing the commission of a felony offense which the defendant was also charged with violating and was subsequently convicted of that felony, in which case it is a Class A misdemeanor.

(20) Any law enforcement agency which fails or refuses to forward the reports required by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157.

(21) A person who operates a bicycle in violation of the administrative regulations Page 22 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100).

(22) Any person who violates KRS 189.860 shall be fined not more than five hundred dollars ($500) or imprisoned for not more than six (6) months, or both.

(23) Any person who violates KRS 189.754 shall be fined not less than twenty-five dollars ($25) nor more than three hundred dollars ($300).

(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty dollars ($50).

This fine shall be subject to prepayment.

A fine imposed under this subsection shall not be subject to court costs pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, or any other additional fees or costs.

(25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a uniform citation, but shall instead receive a courtesy warning up until July 1, 2009.

For a violation on or after July 1, 2009, the person shall be fined thirty dollars ($30).

This fine shall be subject to prepayment.

A fine imposed under this subsection shall not be subject to court costs pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or any other additional fees or costs.

A person who has not been previously charged with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting the requirements of KRS 189.125.

Upon presentation of sufficient proof of the acquisition, the charge shall be dismissed and no fees or costs shall be imposed.

(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an amount not to exceed twenty-five dollars ($25).

This fine shall be subject to prepayment.

A fine imposed under this subsection shall not be subject to court costs pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, or any other additional fees or costs.

(27) Fines levied pursuant to this chapter shall be assessed in the manner required by Page 23 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1300 KRS 534.020, in amounts consistent with this chapter.

Nonpayment of fines shall be governed by KRS 534.020 and 534.060.

(28) A licensed driver under the age of eighteen (18) charged with a moving violation pursuant to this chapter as the driver of a motor vehicle may be referred, prior to trial, by the court to a diversionary program.

The diversionary program under this subsection shall consist of one (1) or both of the following:

(a) Execution of a diversion agreement which prohibits the driver from operating a vehicle for a period not to exceed forty-five (45) days and which allows the court to retain the driver's operator's license during this period;

and (b) Attendance at a driver improvement clinic established pursuant to KRS 186.574.

If the person completes the terms of this diversionary program satisfactorily the violation shall be dismissed.

(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall be fined two hundred fifty dollars ($250).

The fines and costs for a violation of subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in accordance with KRS 24A.180.

Once deposited into the State Treasury, ninety percent (90%) of the fine collected under this subsection shall immediately be forwarded to the personal care assistance program under KRS 205.900 to 205.920.

Ten percent (10%) of the fine collected under this subsection shall annually be returned to the county where the violation occurred and distributed equally to all law enforcement agencies within the county.

(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars ($25) for the first offense and fifty dollars ($50) for each subsequent offense.

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