189.515 Restrictions on operation of all-terrain vehicles.
(1) Except for vehicles authorized to operate on a public highway as of July 15, 1998,
and except as provided in subsection (6) of this section, a person shall not operate <br>an all-terrain vehicle upon any public highway or roadway or upon the right-of-way <br>of any public highway or roadway.
(2) A person shall not operate an all-terrain vehicle on private property without the
consent of the landowner, tenant, or individual responsible for the property.
(3) 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 <br>vehicles.
(4) Except for vehicles authorized to operate on a public highway, a person sixteen (16)
years of age or older operating an all-terrain vehicle on public property shall wear <br>approved protective headgear, in the manner prescribed by the secretary of the <br>Transportation Cabinet, at all times that the vehicle is in motion. The approved <br>headgear requirement shall not apply when the operator of any all-terrain vehicle is <br>engaged in: <br>(a) Farm or agriculture related activities; <br>(b) Mining or mining exploration activities; <br>(c) Logging activities; <br>(d) Any other business, commercial, or industrial activity; or <br>(e) Use of that vehicle on private property.
(5) (a) A person under the age of sixteen (16) years shall not operate an all-terrain
vehicle with an engine size exceeding ninety (90) cubic centimeters <br>displacement, and a person under the age of sixteen (16) years shall not <br>operate an all-terrain vehicle except under direct parental supervision.
(b) A person under the age of twelve (12) years shall not operate an all-terrain
vehicle with an engine size exceeding seventy (70) cubic centimeters <br>displacement.
(c) A person under the age of sixteen (16) years, when operating or riding as a
passenger on an all-terrain vehicle, shall wear approved protective headgear, <br>in the manner prescribed by the secretary of the Transportation Cabinet, at all <br>times that the vehicle is in motion.
(6) (a) A person may operate an all-terrain vehicle on any two (2) lane public
highway in order to cross the highway. In crossing the highway under this <br>paragraph, the operator shall cross the highway at as close to a ninety (90) <br>degree angle as is practical and safe, and shall not travel on the highway for <br>more than two-tenths (2/10) of a mile.
(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, <br>construction, road maintenance, or snow removal.
(c) The Transportation Cabinet may designate, and a city or county government
may designate, those public highways, segments of public highways, and
adjoining rights-of-way of public highways under its jurisdiction where all-<br>terrain vehicles that are prohibited may be operated.
(d) A person operating an all-terrain vehicle on a public highway under this
subsection shall possess a valid operator's license.
(e) A person operating an all-terrain vehicle on a public highway under this
subsection shall comply with all applicable traffic regulations.
(f) A person shall not operate an all-terrain vehicle under this subsection unless
the all-terrain vehicle has at least one (1) headlight and two (2) taillights, <br>which shall be illuminated at all times the vehicle is in operation.
(g) A person operating an all-terrain vehicle under this subsection shall restrict
the operation to daylight hours, except when engaged in snow removal or <br>emergency road maintenance.
Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 180, sec. 8, effective July 12, 2006. -- Amended
2000 Ky. Acts ch. 460, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 47, sec. 2, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 400, sec. 2, <br>effective July 13, 1990.
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