KRS 189.281: Definitions for section -- Local government pilot program for off -highway

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, urba n-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 loca l 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 Recreat ion 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 oth er

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 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 reg ulate 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 connecti ng 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 payme nt 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 d emonstrate 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 t he 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.

(10) (a) The Transportation Cabinet sha ll 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 unde r

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 app roval 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.