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

Any other authority established in Kentucky Revised StatutesStatutes, prior to the effective date of this Act, 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.

(2) (a) The legislative body of a local government may,that byis ordinance,located authorizewithin andthe Pageboundaries 1 of 7a XXXXregional Jacketedauthority UNOFFICIALmay COPYestablish 21a RSpilot BRprogram, 160by 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) IfPrior a local government wishes to includeenacting a state-maintained roadway in an OHV ordinance adopted under paragraph (a) of this section,subsection, the legislative body of a local government shall submitnotify to the Transportationpublic Cabinet a list of state-maintainedits roadwaysplans or sections of state-maintained roadways within the local government's jurisdictional boundaries, to beallow considered for OHV use on roadways under thisits section.jurisdiction.

(c)Public Thenotice Transportation Cabinet shall, within thirty (30) days of receipt of a list of roadways under paragraph (b) of this section from a local government, respond to the local government with approval or denial of any roadway or section of a roadway that has been submitted for OHV use under paragraph (b)shall: of this subsection.

APage local2 governmentof shall17 includeSB007510.100 any- roadways160 approved- byXXXX theGA cabinetUNOFFICIAL inCOPY any21 ordinanceRS adoptedSB under75/GA this1. subsection.

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 map and a list of roadways and connecting trails for OHV use;

and 3.

Be placed on the Web site of 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 to use for OHV use;

3.

A plan to verify the insurance requirements of any person seeking an OHV permit under this section;

4.

An enforcement plan to ensure that all OHVs operating on roadways under this section meet all of the requirements established under this section;

5.

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;

6.

A safety plan for OHV roadway use;

and 7.

Any other requirements established by the Transportation Cabinet under subsection (27) of this section.

Page 3 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA (d) The Transportation Cabinet shall, within one hundred eighty (180) days of receipt of 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.

(4) An ordinance adopted under subsection (2) of this sectionsection, shallallowing require that an OHV operatedto operate on a designated publicroadways, roadway:shall require:

(a) BeVerification issuedthat anthe annualOHV permitis forinsured prior to the OHVissuance byof thean localOHV government;permit;

and (b) DisplayVerification a sticker or permit that identifies that the OHV ishas allowedall toof be operated on specific roadways within the localequipment government'srequired jurisdictionalunder boundaries.this section;

(5)(c) TheThat localthe governmentOHV maybe assessissued aan feeannual of:permit by the local government;

(a)and Thirty(d) dollarsThe ($30)display forof ana annualsticker OHVor permit issuedthat clearly identifies that the OHV is allowed to abe residentoperated ofon thisspecific Commonwealth;roadways within the local government's jurisdictional boundaries.

and(5) (b)The Fiftylocal dollarsgovernment ($50)may assess a fee for an annual OHV permit issued tounder athis nonresident.section.

(6) OfA thelocal feesgovernment assessedshall bynot theissue localan governmentOHV permit under subsectionthis (5)section ofprior thisto section:April 1, 2022.

Page(7) 2An ofOHV 7permit XXXXshall Jacketednot UNOFFICIALbe COPYissued 21unless RSthe BRissuing 160body (a)has Fiveverified dollarsproof ($5)of shallinsurance berequired forwardedunder tothis thesection. regional authority;

and(8) (b)Of Fivethe fees assessed by the local government under subsection (5) of this section, five dollars ($5) shall be forwarded to the Transportation Cabinet.Cabinet, three dollars ($3) shall be forwarded to the sheriff's office, and two dollars ($2) shall be Page 4 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA forwarded to the county clerk.

(7)(9) Annual permits issued under this section shall expire on AprilMarch 131 of each year.

(8)(10) A local government may establish an online issuance system for the sale of OHV permits under this section.

(9)(11) A local government may contract with a:

(10)(12) PermitAny feesOHV paidpermit underissuance thissystem sectionunder shallsubsections be(10) separateand from(11) anyof feethis thatsection mayshall beensure assessedthat to the operator of an OHV formeets the userequirements and verifications of athis privatesection, orprior publicto ridingpermit trail.issuance.

(11)(13) A personlocal maygovernment operatethat has enacted an OHV onordinance aunder publicthis roadwaysection pursuantshall tonotify subsectionthe (2)Transportation Cabinet of thisany sectioncollision ifinvolving the:an OHV that occurred on any roadway approved for OHV use under this section.

(a)(14) OperatorOn isor eighteenbefore (18)October years31, 2022, and each October 31 thereafter, a local government shall annually report to the General Assembly the number of ageOHV orpermits older;sold and the revenue collected from the sale of OHV permits.

(b)The Operatorreport hasshall ainclude validbut operator'snot licensebe inlimited histo orOHV herpermits possession;sold:

(c)(a) OHVDirectly is insured by the ownerlocal orgovernment; operator, for the payment of tort liabilities in the same form and amounts as set forth in KRS 304.39-110 for motorcycles;

and(b) (d)Through Proofonline ofissuance; insurance is inside the OHV at all times of operation on a public roadway.

(12)(c) AnyBy person operating an OHV on a public roadway under this section shall be subject to the trafficregional regulationsauthority; of KRS Chapter 189.

(13)and Any(d) passengerBy ofprivate anvendor. OHV that is under the age of eighteen (18), shall be required to wear a helmet that meets the standards prescribed by the cabinet for all-terrain vehicle use.

(14)(15) AnPermit operatorfees andpaid anyunder passengersthis section shall wearbe eyeseparate protectionfrom whenany operatingfee orthat Pagemay 3be ofassessed 7to XXXXthe Jacketedoperator UNOFFICIALof COPYan 21OHV RSfor BRthe 160use ridingof ana OHVprivate thator ispublic notriding equippedtrail. with a windshield.

(15)(16) AnA OHVperson permitmay issuedoperate underan thisOHV sectionon shalla allowpublic forroadway thepursuant operationto ofsubsection a(2) permitof holder'sthis OHVsection on:if the:

(a)Page Roadways5 designatedof under17 subsectionSB007510.100 (2)- of160 this- sectionXXXX byGA theUNOFFICIAL localCOPY government21 thatRS issuedSB the75/GA owner(a) an OHV has been issued a permit under this section;

and (b) RoadwaysOperator ofis anyeighteen other(18) localyears government in the Commonwealth that have been designated for OHV use under subsection (2) of thisage section.or older;

(16)(c) (a)Operator Transportationhas Cabineta shallvalid beoperator's responsiblelicense forin thehis placementor ofher signagepossession; denoting state highways that have been authorized for OHV use under this section.

(b)(d) TheOHV localis governmentinsured shallby bethe responsibleowner or operator, for the placementpayment of signagetort denotingliabilities localin roadwaysthe thatsame haveform beenand designatedamounts foras OHVset useforth underin thisKRS section.304.39-110 for motorcycles;

(17)(e) AnProof OHVof operatinginsurance onis ainside publicthe roadwayOHV designatedat byall atimes local government under subsection (2) of thisoperation sectionon is not considered to be a motorpublic vehicleroadway; and shall be exempt from:

(a)and Title(f) requirementsOHV ofis KRSequipped 186.020;with all safety equipment required under this section.

(b)(17) VehicleAny registrationperson requirementsoperating an OHV on a public roadway under this section shall be subject to the same traffic regulations of KRS 186.050;Chapter 189 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.

and(18) (c)A Emissionsperson complianceshall certificatesnot pursuantoperate toan KRSOHV 224.20-720.under this section on any public roadway one (1) hour before sunrise or one (1) hour after sunset, unless the person can demonstrate cause for driving, including but not limited to emergencies.

(18)(19) AAny localpassenger governmentof mayan adoptOHV morethat stringentis localunder ordinancesthe governingage OHVof safetysixteen equipment(16) andshall operationbe thanrequired specifiedto inwear thisa section.helmet that meets the national standards prescribed by the United States Department of Transportation.

(19)(20) IfAn deemedoperator inand theany interestpassengers ofshall publicwear safety,eye theprotection Transportationwhen Cabinetoperating may:or riding an OHV that is not equipped with a windshield.

(21) (a) 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 Page 6 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA for OHV use under this section.

(c) The local government shall be responsible for weekly inspection of state and local OHV signage.

(22) 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.

(23) A local government may adopt more stringent local ordinances governing OHV safety equipment and operation than specified in this section.

(24) If deemed in the interest of public safety, the Transportation Cabinet may:

or (b) Rescind approval given under subsection (2)(c)(2)(d) of this section.

(20)(25) This section shall not apply to:

Page 4 of 7 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 160 (b) An OHV operating under the exemptions for highway use under Section 2 of this Act;

(26) Nothing in this section shall be interpreted or construed to require an insurance company to provide OHV insurance coverage.

(27) 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;

Page 7 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA (c) Establishing OHV enforcement requirements;

(d) Establishing criteria for rescinding approval pursuant to subsection (24) of this section;

(e) Establishing OHV safety requirements;

(f) Establishing OHV safety equipment verification protocol;

and (g) Establishing OHV safety plan requirements.

Page 8 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA (b) Mining or mining exploration activities;

Page 5 of 7 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 160 (d) Any other business, commercial, or industrial activity;

In crossing the highway under this paragraph, the operator shall cross the highway at as close to a ninety (90) degree angle as is practical Page 9 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA and safe, and shall not travel on the highway for more than two-tenths (2/10) of a mile.

Page 6 of 7 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 160 (b) A person may operate an all-terrain vehicle on any two (2) lane public highway, if the operator is engaged in farm or agricultural related activities, construction, road maintenance, or snow removal.

PageSection 73. of 7 XXXX Jacketed

KRS 189.990 is amended to read as follows:

(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to (3) of KRS 189.090, KRS 189.100, 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 Page 10 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA 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 KRS 189.456, and 189.960 shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each offense.

Any person who violates subsection (1)(a) of KRS 189.580 shall be fined not less than twenty dollars ($20) nor more than two thousand dollars ($2,000) or imprisoned in the county jail for not more than one (1) year, or both, unless the accident involved death or serious physical injury and the person knew or should have known of the death or serious physical injury, in which case the person shall be guilty of a Class D felony.

Any person who violates paragraph (c) of subsection (5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than thirty dollars ($30).

Neither court costs nor fees shall be taxed against any person violating paragraph (c) of subsection (5) of KRS 189.390.

(2) (a) Any person who violates the weight provisions of KRS 189.212, 189.221, 189.222, 189.226, 189.230, 189.270, or 189.2713 shall be fined two cents ($0.02) per pound for each pound of excess load when the excess is five thousand (5,000) pounds or less.

When the excess exceeds five thousand (5,000) pounds the fine shall be two cents ($0.02) per pound for each pound of excess load, but the fine levied shall not be less than one hundred dollars ($100) and shall not be more than five hundred dollars ($500).

(b) Any person who violates the provisions of KRS 189.271 and is operating on a route designated on the permit shall be fined one hundred dollars ($100);

otherwise, the penalties in paragraph (a) of this subsection shall apply.

(c) Any person who violates any provision of subsection (2) or (3) of KRS 189.050, 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 Page 11 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA 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 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 Page 12 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA 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 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 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.

Page 13 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA (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.

(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.

Page 14 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA (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 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 Page 15 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA 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 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.

(31) Any person who violates subsection (16) of Section 1 of this Act shall be subject Page 16 of 17 SB007510.100 - 160 - XXXX GA UNOFFICIAL COPY 21 RS SB 75/GA to a fine of two hundred fifty dollars ($250).

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 costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, or any other additional fees or costs.

Section 4.

Sections 1 to 3 of this Act are a part of a pilot program and shall sunset on July 1, 2024.

Page 17 of 17 SB007510.100 - 160 - XXXX GA