Current through 2022 Ky. Acts ch. 240
Section 186.010 - [Effective 1/1/2023] 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 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;(8)(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;(9)KRS 186.020 to 186.270 apply to motor vehicle licenses. KRS 186.400 to 186.640 apply to operator's licenses;(10) "Dealer" means any person engaging in the business of buying or selling motor vehicles;(11) "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;(12) "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;(13) "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 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";(14) "Instruction permit" includes both motor vehicle instruction permits and motorcycle instruction permits;(15) "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;(16) "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;(17) "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;(18) "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;(19) "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) 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;(20) "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;(21) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species;(22) "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;(23) "Travel ID," as it refers to an identity document, means a document that complies with Pub. L. No. 109-13, Title II;(24) "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;(25) "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; (26) "Electric motorcycle" means the same as "motorcycle" or "motor scooter" as defined in this section, that is powered by a: (a) Battery or equivalent energy storage device that can be charged with an electric plug using an external electricity source; or (b) Combination of an internal combustion engine and electric motor; (27) "Electric vehicle" means any vehicle that has plug-in charging capability, regardless of whether the vehicle is powered by: (a) An electric motor only; or (b) A combination of an internal combustion engine and electric power; and (28) "Hybrid vehicle" means any vehicle that does not have plug-in charging capability and is powered by a combination of an internal combustion engine and an electric motor .Amended by 2022 Ky. Acts ch. 212,§ 30, eff. 1/1/2023.Amended by 2020 Ky. Acts ch. 51,§ 26, eff. 3/27/2020.Amended by 2019 Ky. Acts ch. 22,§ 1, eff. 6/26/2019.Amended by 2017 Ky. Acts ch. 184,§ 2, eff. 6/29/2017.Amended by 2017 Ky. Acts ch. 129,§ 8, eff. 6/29/2017.Amended by 2017 Ky. Acts ch. 100,§ 35, eff. 1/1/2019.Amended by 2017 Ky. Acts ch. 55,§ 3, eff. 6/29/2017.Amended by 2017 Ky. Acts ch. 69,§ 1, eff. 6/29/2017.Amended by 2012 Ky. Acts ch. 16,§ 2, eff. 7/11/2012. Amended 2009, Ky. Acts ch. 103, sec. 1, effective 6/25/2009. -- Amended 2002, Ky. Acts ch. 264, sec. 1, effective 7/15/2002. -- Amended 2001, Ky. Acts ch. 43, sec. 2, effective 6/21/2001. -- Amended 1994 Ky. Acts ch. 51, sec. 1, effective 7/15/1994. -- Amended 1988 Ky. Acts ch. 287, sec. 1, effective 1/1/1989. -- Amended 1986 Ky. Acts ch. 431, sec. 7, effective 1/1/1987. --Amended 1982 Ky. Acts ch. 194, sec. 2, effective 7/15/1982. -- Amended 1978 Ky. Acts ch. 349, sec. 2, effective 6/17/1978. -- Amended 1974 Ky. Acts ch. 74, Art. IX, sec. 20(2), (7), (9). -- Amended 1966 Ky. Acts ch. 139, sec. 2, effective 1/1/1967. -- Amended 1962 Ky. Acts ch. 62, sec. 1, effective 1/1/1963. -- Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. X, sec. 10, effective 9/1/1956. -- Amended 1950 Ky. Acts ch. 190, secs. 1 and 2, effective 6/15/1950. -- Amended 1942 Ky. Acts ch. 78, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. secs. 2739g-1, 2739m-33.This section is set out more than once due to postponed, multiple, or conflicting amendments.