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189.515 Restrictions on operation of all-terrain vehicles.
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(2)
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(6)
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 an all-terrain vehicle upon any public highway or roadway or upon
the right-of-way of any public highway or roadway.
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.
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 vehicles.
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 approved protective headgear, in the manner prescribed by
the secretary of the Transportation Cabinet, at all times that the vehicle is in
motion. The approved headgear requirement shall not apply when the operator
of any all-terrain vehicle is engaged in:
(a) Farm or agriculture related activities;
(b) Mining or mining exploration activities;
(c) Logging activities;
(d) Any other business, commercial, or industrial activity; or
(e) Use of that vehicle on private property.
(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 displacement, and a person under the age of sixteen (16)
years shall not 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 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, in the manner prescribed by the secretary of the Transportation
Cabinet, at all times that the vehicle is in motion.
(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
paragraph, the operator shall cross the highway at as close to a ninety
(90) degree angle as is practical and safe, and shall not travel on the
highway for 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, 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-terrain vehicles that are prohibited may be operated.
(d)
(e)
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(g)
A person operating an all-terrain vehicle on a public highway under this
subsection shall possess a valid operator's license.
A person operating an all-terrain vehicle on a public highway under this
subsection shall comply with all applicable traffic regulations.
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, which shall be illuminated at all times the vehicle is in operation.
A person operating an all-terrain vehicle under this subsection shall
restrict the operation to daylight hours, except when engaged in snow
removal or emergency road maintenance.
Effective:July 12, 2006
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 ch. 47, sec. 2, effective July 15, 1998. -- Created 1990 Ky. Acts
ch. 400, sec. 2, effective July 13, 1990.
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