2014 Kentucky Revised Statutes CHAPTER 189 - TRAFFIC REGULATIONS -- VEHICLE EQUIPMENT AND STORAGE 189.390 Speed -- Secretary authorized to increase speed limit in certain areas by official order -- Parking.
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189.390 Speed -- Secretary authorized to increase speed limit in certain areas
by official order -- Parking.
(1)
(2)
(3)
(4)
As used in this section, unless the context requires otherwise:
(a) "Business district" means the territory contiguous to and including a
highway if, within six hundred (600) feet along the highway, there are
buildings in use for business or industrial purposes that occupy three
hundred (300) feet of frontage on one (1) side or three hundred (300) feet
collectively on both sides of the highway;
(b) "Residential district" means the territory contiguous to and including a
highway not comprising a business district if the property on the highway
for a distance of three hundred (300) feet or more is improved with
residences or residences and buildings in use for business; and
(c) "State highway" means a highway or street maintained by the Kentucky
Department of Highways.
An operator of a vehicle upon a highway shall not drive at a greater speed than
is reasonable and prudent, having regard for the traffic and for the condition
and use of the highway.
The speed limit for motor vehicles on state highways shall be as follows,
unless conditions exist that require lower speed for compliance with subsection
(2) of this section, or the secretary of the Transportation Cabinet establishes a
different speed limit in accordance with subsection (4) of this section:
(a) Sixty-five (65) miles per hour on interstate highways and parkways;
(b) Fifty-five (55) miles per hour on all other state highways; and
(c) Thirty-five (35) miles per hour in a business or residential district.
(a) If the secretary of transportation determines, upon the basis of an
engineering and traffic investigation, that any speed limit is greater or less
than is reasonable or safe under the conditions found to exist at any
intersection, or upon any part of a state highway, the secretary of
transportation may establish by official order a reasonable and safe speed
limit at the location. The secretary shall not increase any speed limit
established by subsection (3) of this section in excess of sixty-five (65)
miles per hour, except that, notwithstanding the provisions of subsection
(3)(a) of this section, the secretary may increase the speed limit on any of
the following segments of highway to seventy (70) miles per hour:
1.
Interstate 24 (entire length);
2.
Interstate 64 from Interstate 264 to the West Virginia state line;
3.
Interstate 65 from Interstate 264 to the Tennessee state line;
4.
Interstate 69 (entire length);
5.
Interstate 71 from Interstate 264 to Interstate 275;
6.
Interstate 75 from the Tennessee state line to Interstate 275;
7.
The Audubon Parkway (entire length);
8.
The Julian M. Carroll Purchase Parkway (entire length);
9.
The Bert T. Combs Mountain Parkway from Interstate 64 to the
beginning of the Mountain Parkway Extension (KY 9009) in Wolfe
(5)
(6)
(7)
(8)
County;
10. The Edward T. Breathitt Pennyrile Parkway (entire length);
11. The Wendell H. Ford Western Kentucky Parkway (entire length);
12. The Louie B. Nunn Cumberland Parkway (entire length);
13. The Martha Layne Collins Bluegrass Parkway (entire length); and
14. The William H. Natcher Parkway (entire length).
(b) In a highway work zone, the Transportation Cabinet may temporarily
reduce established speed limits without an engineering or traffic
investigation. A speed limit established under this paragraph shall
become effective when and where posted. The Transportation Cabinet
shall post signs notifying the traveling public of the temporary highway
work zone maximum speed limit. Nothing in this paragraph shall be
construed to prevent the Transportation Cabinet from using moveable or
portable speed limit signs in highway work zones.
(a) A city or a county may by ordinance establish speed limits within its own
jurisdiction, except as provided in paragraph (b) of this subsection.
(b) The alteration of speed limits on state highways within a city or a county
shall not be effective until the alteration has been approved by the
secretary of transportation. The secretary shall not approve any alteration
that could increase any speed limit established by subsection (3)(b) or (c)
of this section in excess of fifty-five (55) miles per hour.
(c) If a county determines, upon the basis of an engineering and traffic
investigation and study, that it is unsafe to park motor vehicles on or
along any highway, other than a state highway, within the unincorporated
areas of the county, or that in any business district the congestion of
traffic justifies a reasonable limitation on the length of time any one (1)
motor vehicle is permitted to park in such district so as to reduce the
congestion, the fiscal court may by ordinance establish "no parking" areas
on the highway, or limit the length of time any motor vehicle may be
parked in any business district.
The speed limit for motor vehicles in an off-street parking facility offered for
public use, whether publicly or privately owned, shall be fifteen (15) miles per
hour.
A person shall not drive a motor vehicle at a speed that will impede or block
the normal and reasonable movement of traffic, except when reduced speed is
necessary for safe operation or in compliance with law.
In every charge for a violation of any speed limit specified in this section, the
warrant or citation shall specify the speed at which the defendant is alleged to
have driven, and the lawful speed limit applicable at the location where the
violation is charged to have occurred.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 25, sec. 1, effective July 12, 2012. -Amended 2007 Ky. Acts ch. 43, sec. 1, effective June 26, 2007. -- Amended
1998 Ky. Acts ch. 130, sec. 1, effective July 15, 1998. -- Amended 1996 Ky.
Acts ch. 37, sec. 4, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 143,
sec. 1, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 177, sec. 1,
effective July 15, 1988. -- Amended 1978 Ky. Acts ch. 230, sec. 1, effective
June 17, 1978. -- Amended 1974 Ky. Acts ch. 46, sec. 2; and ch. 74, Art. IV,
sec. 20(10). -- Amended 1970 Ky. Acts ch. 93, sec. 10. -- Amended 1966 Ky.
Acts ch. 18, sec. 4. -- Amended 1964 Ky. Acts ch. 13, sec. 1. -- Amended 1962
Ky. Acts ch. 150, sec. 1. -- Amended 1954 Ky. Acts ch. 143, sec. 1. -- Amended
1950 Ky. Acts ch. 97, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 2739g-43, 2739g-86.
Legislative Research Commission Note. This section was also amended in the
reviser's bill, Acts 1978, ch. 384, sec. 336, however, Acts 1978, ch. 230, HB
211, sec. 1 prevailed. See KRS 7.136(3).
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