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186.010 Definitions.
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"Cabinet," as used in KRS 186.400 to 186.640, means the Transportation
Cabinet; except as specifically designated, "cabinet," as used in KRS 186.020
to 186.270, means the Transportation Cabinet only with respect to motor
vehicles, other than commercial vehicles; "cabinet," as used in KRS 186.020 to
186.270, means the Department of Vehicle Regulation when used with respect
to commercial vehicles.
"Highway" means every way or place of whatever nature when any part of it is
open to the use of the public, as a matter of right, license, or privilege, for the
purpose of vehicular traffic.
"Manufacturer" means any person engaged in manufacturing motor vehicles
who will, under normal conditions during the year, manufacture or assemble at
least ten (10) new motor vehicles.
"Motor vehicle" means in KRS 186.020 to 186.260, all vehicles, as defined in
paragraph (a) of subsection (8) of this section, which are propelled otherwise
than by muscular power. As used in KRS 186.400 to 186.640, it means all
vehicles, as defined in paragraph (b) of subsection (8) of this section, which are
self-propelled. "Motor vehicle" shall not include a moped as defined in this
section, but shall include low-speed vehicles as defined in this section.
"Moped" means either a motorized bicycle whose frame design may include
one (1) or more horizontal crossbars supporting a fuel tank so long as it also
has pedals, or a motorized bicycle with a step-through type frame which may or
may not have pedals rated no more than two (2) brake horsepower, a cylinder
capacity not exceeding fifty (50) cubic centimeters, an automatic transmission
not requiring clutching or shifting by the operator after the drive system is
engaged, and capable of a maximum speed of not more than thirty (30) miles
per hour.
"Operator" means any person in actual control of a motor vehicle upon a
highway.
(a) "Owner" means a person who holds the legal title of a vehicle or a person
who pursuant to a bona fide sale has received physical possession of the
vehicle subject to any applicable security interest.
(b) A vehicle is the subject of an agreement for the conditional sale or lease,
with the vendee or lessee entitled to possession of the vehicle, upon
performance of the contract terms, for a period of three hundred sixty-five
(365) days or more and with the right of purchase upon performance of
the conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee, or if a mortgagor
of a vehicle is entitled to possession, the conditional vendee or lessee or
mortgagor shall be deemed the owner.
(c) A licensed motor vehicle dealer who transfers physical possession of a
motor vehicle to a purchaser pursuant to a bona fide sale, and complies
with the requirements of KRS 186A.220, shall not be deemed the owner
of that motor vehicle solely due to an assignment to his dealership or a
certificate of title in the dealership's name. Rather, under these
circumstances, ownership shall transfer upon delivery of the vehicle to the
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purchaser, subject to any applicable security interest.
(a) "Vehicle," as used in KRS 186.020 to 186.260, includes all agencies for
the transportation of persons or property over or upon the public highways
of this Commonwealth and all vehicles passing over or upon said
highways, excepting road rollers, road graders, farm tractors, vehicles on
which power shovels are mounted, such other construction equipment
customarily used only on the site of construction and which is not practical
for the transportation of persons or property upon the highways, such
vehicles as travel exclusively upon rails, and such vehicles as are
propelled by electric power obtained from overhead wires while being
operated within any municipality or where said vehicles do not travel more
than five (5) miles beyond the city limit of any municipality.
(b) As used in KRS 186.400 to 186.640, "vehicle" means every device in,
upon or by which any person or property is or may be transported or
drawn upon a public highway, excepting devices moved by human and
animal power or used exclusively upon stationary rails or tracks, or which
derives its power from overhead wires.
KRS 186.020 to 186.270 apply to motor vehicle licenses. KRS 186.400 to
186.640 apply to operator's licenses.
"Dealer" means any person engaging in the business of buying or selling motor
vehicles.
"Commercial vehicles" means all motor vehicles that are required to be
registered under the terms of KRS 186.050, but not including vehicles primarily
designed for carrying passengers and having provisions for not more than nine
(9) passengers (including driver), motorcycles, sidecar attachments, pickup
trucks and passenger vans which are not being used for commercial or
business purposes, and motor vehicles registered under KRS 186.060.
"Resident" means any person who has established Kentucky as his or her
state of domicile. Proof of residency shall include but not be limited to a deed
or property tax bill, utility agreement or utility bill, or rental housing agreement.
The possession by an operator of a vehicle of a valid Kentucky operator's
license shall be prima-facie evidence that the operator is a resident of
Kentucky.
"Special status individual" means:
(a) "Asylee" means any person lawfully present in the United States who
possesses an I-94 card issued by the United States Department of
Justice, Immigration and Naturalization Service, on which it states
"asylum status granted indefinitely pursuant to Section 208 of the
Immigration & Nationality Act";
(b) "K-1 status" means the status of any person lawfully present in the United
States who has been granted permission by the United States
Department of Justice, Immigration and Naturalization Service to enter
the United States for the purpose of marrying a United States citizen
within ninety (90) days from the date of that entry;
(c) "Refugee" means any person lawfully present in the United States who
possesses an I-94 card issued by the United States Department of
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Justice, Immigration and Naturalization Service, on which it states
"admitted as a refugee pursuant to Section 207 of the Immigration &
Nationality Act"; and
(d) "Paroled in the Public Interest" means any person lawfully present in the
United States who possesses an I-94 card issued by the United States
Department of Justice, Immigration and Naturalization Service, on which it
states "paroled pursuant to Section 212 of the Immigration & Nationality
Act for an indefinite period of time."
"Instruction permit" includes both motor vehicle instruction permits and
motorcycle instruction permits.
"Motorcycle" means any motor driven vehicle having a seat or saddle for the
use of the operator and designed to travel on not more than three (3) wheels in
contact with the ground, including vehicles on which the operator and
passengers ride in an enclosed cab. "Motorcycle" shall include an
alternative-speed motorcycle as defined in this section, but shall not include a
tractor or a moped as defined in this section.
"Low-speed vehicle" means a motor vehicle that:
(a) Is self-propelled using an electric motor, combustion-driven motor, or a
combination thereof;
(b) Is four (4) wheeled; and
(c) Is designed to operate at a speed not to exceed twenty-five (25) miles per
hour as certified by the manufacturer.
"Alternative-speed motorcycle" means a motorcycle that:
(a) Is self-propelled using an electric motor, combustion-driven motor, or a
combination thereof;
(b) Is three (3) wheeled;
(c) Has a fully enclosed cab and includes at least one (1) door for entry; and
(d) Is designed to operate at a speed not to exceed forty (40) miles per hour
as certified by the manufacturer.
"Multiple-vehicle driving range" means an enclosed area that is not part of a
highway or otherwise open to the public on which a number of motor vehicles
may be used simultaneously to provide driver training under the supervision of
one (1) or more driver training instructors.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 16, sec. 2, effective July 12, 2012. -Amended 2009 Ky. Acts ch. 103, sec. 1, effective June 25, 2009. -- Amended
2002 Ky. Acts ch. 264, sec. 1, effective July 15, 2002. -- Amended 2001 Ky.
Acts ch. 43, sec. 2, effective June 21, 2001. -- Amended 1994 Ky. Acts ch. 51,
sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 287, sec. 1,
effective January 1, 1989. -- Amended 1986 Ky. Acts ch. 431, sec. 7, effective
January 1, 1987. -- Amended 1982 Ky. Acts ch. 194, sec. 2, effective July 15,
1982. -- Amended 1978 Ky. Acts ch. 349, sec. 2, effective June 17, 1978. -Amended 1974 Ky. Acts ch. 74, Art. IX, sec. 20(2), (7), (9). -- Amended 1966 Ky.
Acts ch. 139, sec. 2, effective January 1, 1967. -- Amended 1962 Ky. Acts
ch. 62, sec. 1, effective January 1, 1963. -- Amended 1956 (1st Extra. Sess.)
Ky. Acts ch. 7, Art. X, sec. 10, effective September 1, 1956. -- Amended 1950
Ky. Acts ch. 190, secs. 1 and 2, effective June 15, 1950. -- Amended 1942 Ky.
Acts ch. 78, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 2739g-1, 2739m-33.
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