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186.010 Definitions for chapter.
As used in this chapter, unless otherwise indicated:
(1) "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;
(2) "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;
(3) "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;
(4) "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 for
registration purposes shall include low-speed vehicles and military surplus vehicles
as defined in this section and vehicles operating under KRS 189.283;
(5) "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;
(6) "Operator" means any person in actual control of a motor vehicle upon a highway;
(7) (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
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the dealership's name. Rather, under these circumstances, ownership shall
transfer upon delivery of the vehicle to the 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, except
electric low-speed scooters, 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, except electric low-speed scooters, 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 primafacie 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
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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 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 that has a maximum speed that
exceeds fifty (50) miles per hour, has a seat or saddle for the use of the operator,
and is 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. Only for purposes of registration, "motorcycle" shall include a motor scooter,
an alternative-speed motorcycle, and an autocycle 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;
(b) Is three (3) wheeled;
(c) Has a fully enclosed cab and includes at least one (1) door for entry;
(d) Is designed to operate at a speed not to exceed forty (40) miles per hour as
certified by the manufacturer; and
(e) Is not an autocycle as defined in this section;
"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;
"Autocycle" means any motor vehicle that:
(a) Is equipped with a seat that does not require the operator to straddle or sit
astride it;
(b) Is designed to travel on three (3) wheels in contact with the ground;
(c)
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Is designed to operate at a speed that exceeds forty (40) miles per hour as
certified by the manufacturer;
(d) Allows the operator and passenger to ride either side-by-side or in tandem in a
seating area that may be enclosed with a removable or fixed top;
(e) Is equipped with a three (3) point safety belt system;
(f) May be equipped with a manufacturer-installed air bags or a roll cage;
(g) Is designed to be controlled with a steering wheel and pedals; and
(h) Is not an alternative-speed motorcycle as defined in this section;
"Military surplus vehicle" means a multipurpose wheeled surplus military vehicle
that:
(a) Is not operated using continuous tracks;
(b) Was originally manufactured for and sold directly to the Armed Forces of the
United States; and
(c) Was originally manufactured under the federally mandated requirements set
forth in 49 C.F.R. sec. 571.7;
"Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes,
and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid
species;
"Identity document" means an instruction permit, operator's license, or personal
identification card issued under KRS 186.4102, 186.412, 186.4121, 186.4122, and
186.4123 or a commercial driver's license issued under KRS Chapter 281A;
"Travel ID," as it refers to an identity document, means a document that complies
with Pub. L. No. 109-13, Title II;
"Motor scooter" means a low-speed motorcycle that is:
(a) Equipped with wheels greater than sixteen (16) inches in diameter;
(b) Equipped with an engine greater than fifty (50) cubic centimeters;
(c) Designed to operate at a speed not to exceed fifty (50) miles per hour;
(d) Equipped with brake horsepower of two (2) or greater; and
(e) Equipped with a step-through frame or a platform for the operator's feet; and
"Alternative technology," as used in KRS 186.400 to 186.640, means methods used
by the cabinet to facilitate the issuance of operator's licenses and personal
identification cards outside of the normal in-person application at a cabinet office,
including but not limited to a cabinet mobile unit or online services.
Effective: March 27, 2020
History: Amended 2020 Ky. Acts ch. 51, sec. 26, effective March 27, 2020. -Amended 2019 Ky. Acts ch. 22, sec. 1, effective June 27, 2019. -- Amended 2017
Ky. Acts ch. 55, sec. 3, effective June 29, 2017; ch. 69, sec. 1, effective June 29,
2017; ch. 100, sec. 35, effective January 1, 2019; ch. 129, sec. 8, effective June 29,
2017; and ch. 184, sec. 2, effective June 29, 2017. -- 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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