{"data":{"id":"us-ky/krs-189.281","jurisdiction":"us-ky","citation":"KRS 189.281","heading":"Definitions for section -- Local government pilot program for off -highway","body":"vehicles.\nAfter June 29, 2021, and until July 1, 2027:\n(1) As used in this section:\n(a) \"Local government\" means:\n1. A city, county, charter county government, urba n-county government,\nconsolidated local government, or unified local government that is\nlocated within the boundaries of a regional authority, or the Kentucky\nMountain Regional Recreation Authority established under KRS\n148.0222, acting on behalf of a loca l government that is part of the\nauthority; or\n2. Any city, county, charter county government, urban-county government,\nconsolidated local government, or unified local government that\noperates a public OHV trail system;\n(b) \"Off-highway vehicle\" or \"OHV\" means a motorized vehicle that:\n1. Is designed to be primarily used for recreational purposes;\n2. Has a maximum speed that is greater than thirty -five (35) miles per\nhour;\n3. Is equipped with the following:\na. Four (4) to six (6) highway or nonhighway tires;\nb. A steering wheel or steering mechanism;\nc. Brakes;\nd. Headlamps;\ne. Tail lamps;\nf. Brake lights;\ng. One (1) red reflex reflector on each side as far to the rear as\npracticable and one (1) red reflex reflector on the rear;\nh. A working muffler;\ni. A parking brake;\nj. A spark arrestor; and\nk. For multi -passenger vehicles, an exterior mirror mounted on the\ndriver's side of the vehicle, either an interior mirror or an exterior\nmirror mounted on the passenger's side of the vehicle, and for each\ndesignated seating position, a seatbelt assembly that conforms to\nthe federal motor vehicle safety standard provided in 49 C.F.R.\nsec. 571.209; and\n(c) \"Regional authority\" means:\n1. The Kentucky Mountain Regional Recreat ion Authority established in\nKRS 148.0222; and\n2. Any other authority established in Kentucky Revised Statutes that\noversees lands in two (2) or more contiguous counties, on which there is\na system of recreational trails, including streams, rivers, and oth er\nwaterways, and appurtenant facilities, including trailhead centers,\nparking areas, camping facilities, picnic areas, recreational areas,\nhistoric or cultural interpretive sites, and other facilities in Kentucky and\ndesignated by the regional authority.\n(2) (a) The legislative body of a local government that is currently or formerly\nlocated within the boundaries of a regional authority, or which currently\noperates a public OHV trail system, may establish a pilot program, by\nordinance, to authorize and reg ulate the operation of an OHV on any public\nroadway or any section of city or county roadway for which it bears\nresponsibility.\n(b) Prior to enacting an OHV ordinance under paragraph (a) of this subsection,\nthe legislative body of a local government shall notify the public of its plans\nto allow OHV use on roadways under its jurisdiction. Public notice under this\nparagraph shall:\n1. Notify the public of the time, subject, and location of the public meeting\nand shall be posted in both a local newspaper, if any, and a newspaper of\ngeneral circulation in the county;\n2. Include a list and map of all roadways and connecting trails that the\nlocal government intends to designate for OHV use; and\n3. Be placed on the website of the local government.\n(c) A local government may petition the Transportation Cabinet to include, in an\nOHV ordinance adopted under paragraph (a) of this subsection, state -\nmaintained roadways or sections of state -maintained roadways located within\nthe local government's jurisdictional boundaries.  The local government shall\nsubmit the following to the Transportation Cabinet for approval:\n1. The minutes from the public meeting or meetings held prior to adoption\nof an OHV ordinance under this subsection;\n2. A list and map of all roadways and connecti ng trails that the local\ngovernment intends to designate for OHV use;\n3. An enforcement plan to ensure that all OHVs operating on roadways\nunder this section meet all of the requirements established under this\nsection, including verification of required insurance coverage;\n4. A plan to notify the public and OHV users of the operation of OHVs on\nstate and local roadways within the boundaries of the local government;\n5. A safety plan for OHV roadway use; and\n6. Any other requirements established by the Transportation Cabinet under\nsubsection (16) of this section.\n(d) The Transportation Cabinet shall, within ninety (90) days of receipt of a\npetition and all information required in paragraph (c) of this subsection,\nrespond to the local government with approval or denial of the request\nsubmitted.\n(e) Any OHV ordinance adopted under this section shall be adopted at a public\nmeeting.\n(3) A fully controlled access highway shall not be designated for OHV use under this\nsection.\n(4) A local government that has enacted an OHV ordinance under this section shall\nnotify the Transportation Cabinet of any collision involving an OHV that occurred\non any roadway approved for OHV use under this section.\n(5) A person may operate an OHV on a public roadway pursuant to subsection (2) of\nthis section if the:\n(a) Operator is eighteen (18) years of age or older;\n(b) Operator has a valid operator's license in his or her possession;\n(c) OHV is insured by the owner or operator, for the payme nt of tort liabilities in\nthe same form and amounts as set forth in KRS 304.39-110 for motorcycles;\n(d) Proof of insurance is inside the OHV at all times of operation on a public\nroadway; and\n(e) OHV is equipped with all safety equipment required under this section.\n(6) Any person operating an OHV on a public roadway under this section shall be\nsubject to the same traffic regulations of this chapter as a motor vehicle, including\nKRS 189.520 prohibiting the operation of a vehicle that is not a motor vehicle,\nwhile under the influence of intoxicants or substances which may impair driving.\n(7) A person shall not operate an OHV under this section on any public roadway:\n(a) Between one (1) hour after sunset and one (1) hour before sunrise, unless the\nperson can d emonstrate cause for driving, including but not limited to\nemergencies; or\n(b) While carrying passengers on a trailer or any other towed unit.\n(8) Any passenger of an OHV that is under the age of sixteen (16) shall be required to\nwear a helmet that meets t he national standards prescribed by the United States\nDepartment of Transportation.\n(9) An operator and any passengers shall wear eye protection when operating or riding\nan OHV that is not equipped with a windshield.\n(10) (a) The Transportation Cabinet sha ll be responsible for the cost, placement, and\nmaintenance of signage denoting state highways that have been authorized for\nOHV use under this section.\n(b) The local government shall be responsible for the cost, placement, and\nmaintenance of signage denoting local roadways that have been designated for\nOHV use under this section.\n(c) The local government shall be responsible for monthly inspection of state and\nlocal OHV signage.\n(11) An OHV operating on a public roadway designated by a local government unde r\nsubsection (2) of this section is not considered to be a motor vehicle and shall be\nexempt from:\n(a) Vehicle registration requirements of KRS 186.050; and\n(b) Emissions compliance certificates pursuant to KRS 224.20-720.\n(12) A local government may adopt  more stringent local ordinances governing OHV\nsafety equipment and operation than specified in this section.\n(13) If deemed in the interest of public safety, the Transportation Cabinet may:\n(a) Prohibit the operation of an OHV on any public roadway designated under\nsubsection (2) of this section that crosses a state-maintained roadway; or\n(b) Rescind approval given under subsection (2)(d) of this section.\n(14) This section shall not apply to:\n(a) An OHV operated on any private or public recreational trail or area;\n(b) An OHV operating under the exemptions for highway use under KRS\n189.515; or\n(c) A publicly owned and operated OHV used for wildlife management, law\nenforcement, emergency services, or other governmental purposes.\n(15) Nothing in this section shall be interpreted or construed to require an insurance\ncompany to provide OHV insurance coverage.\n(16) The Transportation Cabinet shall promulgate administrative regulations pursuant to\nKRS Chapter 13A to implement this section, including but not limited to:\n(a) Prescribing of any forms or applications needed;\n(b) Establishing criteria for OHV ordinances;\n(c) Establishing OHV enforcement requirements;\n(d) Establishing criteria for rescinding app roval pursuant to subsection (13) of\nthis section;\n(e) Establishing OHV safety requirements;\n(f) Establishing OHV safety equipment verification protocol; and\n(g) Establishing OHV safety plan requirements.","path":["KRS Chapter 189"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54795","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:42Z","sha256":"9945dc78d964bfd63b618598f3ef9696468033433232b55478d3c2381956c0cc","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189.280","next":"us-ky/krs-189.282"},"notice":"GroundRules: Original legal text. Not legal advice."}