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281.605 Exemption of motor vehicles used for certain purposes.
The provisions of this chapter shall not apply, except as to safety regulations, to: <br>(1) Motor vehicles used as school buses and while engaged in the transportation of
students, under the supervision and control and at the direction of school <br>authorities;
(2) Except as provided in paragraph (e) of this subsection, motor vehicles, regardless of
ownership, used exclusively: <br>(a) For the transportation of agricultural and dairy products, including fruit,
livestock, meats, fertilizer, wood, lumber, cotton, products of grove or <br>orchard, poultry, and eggs, while owned by the producer of the products, <br>including landlord where the relation of landlord and tenant or landlord and <br>cropper is involved, from the farm to a market, warehouse, dairy, or mill, or <br>from one (1) market, warehouse, dairy, or mill to another market, warehouse, <br>dairy, or mill;
(b) For the transportation of agricultural and dairy products, livestock, farm
machinery, feed, fertilizer, and other materials and supplies essential to farm <br>operation, from market or shipping terminal to farm;
(c) For both the purposes described in paragraphs (a) and (b) of this subsection; <br>(d) For the transportation of agricultural and dairy products from farm to regularly
organized fairs and exhibits and return; or
(e) Motor vehicles used for the transportation of fly ash, in bags, sacks, or other
containers, the aggregate weight of which does not exceed ten thousand <br>(10,000) pounds; or bottom ash, waste ash, sludge, and pozatec which is being <br>removed from the premises of a power generator facility for the purpose of <br>disposal;
(3) Motor vehicles used exclusively as church buses and while operated in the
transportation of persons to and from a church or place of worship or for other <br>religious work under the supervision and control and at the direction of church <br>authorities;
(4) Motor vehicles used exclusively for the transportation of property belonging to a
nonprofit cooperative association or its members where the vehicle is owned or <br>leased exclusively by the association;
(5) Motor vehicles owned in whole or in part by any person and used by such person to
transport commodities of which such person is the bona fide owner, lessee, <br>consignee, or bailee; provided, however, that such transportation is for the purpose <br>of sale, lease, rent, or bailment, and is an incidental adjunct to an established private <br>business owned and operated by such person within the scope and in furtherance of <br>any primary commercial enterprise of such person other than the business of <br>transportation of property for hire;
(6) Motor vehicles used in pick-up or delivery service within a city or within a city and
its commercial area for a carrier by rail;
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(7) Motor vehicles used exclusively for the transportation of coal from the point at
which such coal is mined to a railhead or tipple where the railhead or tipple is <br>located at a point not more than fifty (50) air miles from the point at which the coal <br>is mined;
(8) Motor vehicles used as ambulances in transporting wounded, injured, or sick
animals or as ambulances as defined in KRS 311A.010;
(9) Motor vehicles used by transit authorities as created and defined in KRS Chapter
96A except as required by KRS 96A.170. Vehicles operated under the authority and <br>direct responsibility of such transit authorities, through contractual agreement, shall <br>be included within this exemption, without regard to the legal ownership of the <br>vehicles, but only for such times as they are operated under the authority and <br>responsibility of the transit authority;
(10) Motor vehicles having a seating capacity of fifteen (15) or fewer passengers and
while transporting persons between their places of residence, on the one hand, and, <br>on the other, their places of employment, provided the driver himself is on his way <br>to or from his place of employment, and further provided that any person who <br>operates or controls the operation of vehicles hereunder of which said person is the <br>owner or lessee, and any spouse of said person and any partnership or corporation <br>with said person or his spouse having an interest therein doing such, shall be <br>eligible to so operate an aggregate number of not more than one (1) vehicle on other <br>than a nonprofit basis;
(11) Motor vehicles used to transport cash letters, data processing material, instruments,
or documents, regardless of the ownership of any of said cash letters, data <br>processing material, instruments, or documents;
(12) Motor vehicles operated by integrated intermodal small package carriers who
provide intermodal-air-and-ground-transportation. For the purposes of this section, <br>"integrated intermodal small package carrier" shall mean an air carrier holding a <br>certificate of public convenience and necessity or qualifying as an indirect air carrier <br>that undertakes, by itself or through a company affiliated through common <br>ownership, to provide intermodal-air-and-ground-transportation, and "intermodal-<br>air-and-ground-transportation" shall mean transportation involving the carriage of <br>articles weighing not more than one hundred fifty (150) pounds by aircraft or other <br>forms of transportation, including by motor vehicle, wholly within the <br>Commonwealth of Kentucky. The incidental or occasional use of aircraft in <br>transporting packages or articles shall not constitute an integrated intermodal <br>operation within the meaning of this section;
(13) Motor vehicles operated pursuant to a grant of funds in furtherance of and governed
by 49 U.S.C. secs. 5310 or 5311, including all amendments, and whose operators <br>have jurisdictions and services approved annually by the Transportation Cabinet in <br>accordance with 49 C.F.R. Title VI;
(14) Motor vehicles used to transport children to educational events or conservation
camps run by, or sponsored by, the Department of Fish and Wildlife;
(15) Motor vehicles used to transport children to events or camps run by, or sponsored
by, the Kentucky Sheriffs Association; or
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(16) (a) Motor vehicles used in the transportation of persons who are sixty (60) years
of age or older or who are visually impaired, if the motor vehicles are owned <br>by a nonprofit organization or being used on behalf of a nonprofit <br>organization that is exempt from federal income tax under Section 501(c)(3) <br>of the Internal Revenue Code.
(b) Motor vehicles owned and operated by a nonprofit organization that are
exempt under this subsection shall be subject to liability insurance coverage as <br>established by KRS 281.655.
(c) Motor vehicles owned privately but operated on behalf of a nonprofit
organization that are exempt under this subsection shall be subject to liability <br>insurance coverage as established by KRS 304.39-110.
Effective: June 25, 2009 <br>History: Repealed and reenacted 2009 Ky. Acts ch. 19, sec. 1, effective June 25, 2009.
-- Amended 2008 Ky. Acts ch. 146, sec. 1, effective July 15, 2008. -- Amended 2002 <br>Ky. Acts ch. 211, sec. 38, effective July 15, 2002; and ch. 318, sec. 1, effective July <br>15, 2002. -- Amended 2000 Ky. Acts ch. 343, sec. 15, effective July 14, 2000. -- <br>Amended 1998 Ky. Acts ch. 607, sec. 5, effective July 15, 1998. -- Amended 1996 <br>Ky. Acts ch. 233, sec. 2, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 448, <br>sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 403, sec. 1, effective <br>July 13, 1990. -- Amended 1984 Ky. Acts ch. 238, sec. 1, effective July 13, 1984. -- <br>Amended 1980 Ky. Acts ch. 349, sec. 1, effective July 15, 1980. -- Amended 1978 <br>Ky. Acts ch. 62, sec. 1, effective June 17, 1978; and ch. 232, sec. 5, effective June <br>17, 1978. -- Amended 1974 Ky. Acts ch. 138, sec. 3. -- Amended 1972 Ky. Acts <br>ch. 269, sec. 1. -- Amended 1968 Ky. Acts ch. 152, sec. 135. -- Amended 1964 Ky. <br>Acts ch. 95, sec. 6. -- Amended 1962 Ky. Acts ch. 96, sec. 1. -- Amended 1958 Ky. <br>Acts ch. 123, sec. 1; and ch. 130, sec. 6. -- Amended 1954 Ky. Acts ch. 188, sec. 2. -- <br>Created 1950 Ky. Acts ch. 63, sec. 8, effective June 15, 1950.
Legislative Research Commission Note (7/15/2008). The internal numbering of
subsection (16) of this section has been altered by the Reviser of Statutes from the <br>numbering in 2008 Ky. Acts ch. 146, sec. 1, under the authority of KRS 7.136.
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