186.010 Definitions for KRS 186.010 to 186.640.

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Page 1 of 4 186.010 Definitions for KRS 186.010 to 186.640. (1) &quot;Cabinet,&quot; as used in KRS 186.400 to 186.640, means the Transportation Cabinet; except as specifically designated, &quot;cabinet,&quot; as used in KRS 186.020 to 186.270, <br>means the Transportation Cabinet only with respect to motor vehicles, other than <br>commercial vehicles; &quot;cabinet,&quot; as used in KRS 186.020 to 186.270, means the <br>Department of Vehicle Regulation when used with respect to commercial vehicles. (2) &quot;Highway&quot; 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 <br>vehicular traffic. (3) &quot;Manufacturer&quot; means any person engaged in manufacturing motor vehicles who will, under normal conditions during the year, manufacture or assemble at least ten <br>(10) new motor vehicles. (4) &quot;Motor vehicle&quot; 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 <br>by muscular power. As used in KRS 186.400 to 186.640, it means all vehicles, as <br>defined in paragraph (b) of subsection (8) of this section, which are self-propelled. <br>&quot;Motor vehicle&quot; shall not include a moped as defined in this section, but shall <br>include low-speed vehicles as defined in this section. (5) &quot;Moped&quot; 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 <br>motorized bicycle with a step-through type frame which may or may not have <br>pedals rated no more than two (2) brake horsepower, a cylinder capacity not <br>exceeding fifty (50) cubic centimeters, an automatic transmission not requiring <br>clutching or shifting by the operator after the drive system is engaged, and capable <br>of a maximum speed of not more than thirty (30) miles per hour. (6) &quot;Operator&quot; means any person in actual control of a motor vehicle upon a highway. <br>(7) (a) &quot;Owner&quot; 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 <br>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 <br>the contract terms, for a period of three hundred sixty-five (365) days or more <br>and with the right of purchase upon performance of the conditions stated in <br>the agreement and with an immediate right of possession vested in the <br>conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to <br>possession, the conditional vendee or lessee or mortgagor shall be deemed the <br>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 <br>requirements of KRS 186A.220, shall not be deemed the owner of that motor <br>vehicle solely due to an assignment to his dealership or a certificate of title in <br>the dealership's name. Rather, under these circumstances, ownership shall Page 2 of 4 transfer upon delivery of the vehicle to the purchaser, subject to any <br>applicable security interest. (8) (a) &quot;Vehicle,&quot; 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 <br>Commonwealth and all vehicles passing over or upon said highways, <br>excepting road rollers, road graders, farm tractors, vehicles on which power <br>shovels are mounted, such other construction equipment customarily used <br>only on the site of construction and which is not practical for the <br>transportation of persons or property upon the highways, such vehicles as <br>travel exclusively upon rails, and such vehicles as are propelled by electric <br>power obtained from overhead wires while being operated within any <br>municipality or where said vehicles do not travel more than five (5) miles <br>beyond the city limit of any municipality. (b) As used in KRS 186.400 to 186.640, &quot;vehicle&quot; means every device in, upon or by which any person or property is or may be transported or drawn upon a <br>public highway, excepting devices moved by human and animal power or <br>used exclusively upon stationary rails or tracks, or which derives its power <br>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) &quot;Dealer&quot; means any person engaging in the business of buying or selling motor vehicles. (11) &quot;Commercial vehicles&quot; means all motor vehicles that are required to be registered under the terms of KRS 186.050, but not including vehicles primarily designed for <br>carrying passengers and having provisions for not more than nine (9) passengers <br>(including driver), motorcycles, sidecar attachments, pickup trucks and passenger <br>vans which are not being used for commercial or business purposes, and motor <br>vehicles registered under KRS 186.060. (12) &quot;Resident&quot; 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 <br>tax bill, utility agreement or utility bill, or rental housing agreement. The possession <br>by an operator of a vehicle of a valid Kentucky operator's license shall be prima-<br>facie evidence that the operator is a resident of Kentucky. (13) &quot;Special status individual&quot; means: (a) &quot;Asylee&quot; means any person lawfully present in the United States who possesses an I-94 card issued by the United States Department of Justice, <br>Immigration and Naturalization Service, on which it states &quot;asylum status <br>granted indefinitely pursuant to Section 208 of the Immigration &amp; Nationality <br>Act&quot;; (b) &quot;K-1 status&quot; means the status of any person lawfully present in the United States who has been granted permission by the United States Department of <br>Justice, Immigration and Naturalization Service to enter the United States for Page 3 of 4 the purpose of marrying a United States citizen within ninety (90) days from <br>the date of that entry; (c) &quot;Refugee&quot; means any person lawfully present in the United States who possesses an I-94 card issued by the United States Department of Justice, <br>Immigration and Naturalization Service, on which it states &quot;admitted as a <br>refugee pursuant to Section 207 of the Immigration &amp; Nationality Act&quot;; and (d) &quot;Paroled in the Public Interest&quot; means any person lawfully present in the United States who possesses an I-94 card issued by the United States <br>Department of Justice, Immigration and Naturalization Service, on which it <br>states &quot;paroled pursuant to Section 212 of the Immigration &amp; Nationality Act <br>for an indefinite period of time.&quot; (14) &quot;Instruction permit&quot; includes both motor vehicle instruction permits and motorcycle instruction permits. (15) &quot;Motorcycle&quot; 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 <br>with the ground, including vehicles on which the operator and passengers ride in an <br>enclosed cab. &quot;Motorcycle&quot; shall include an alternative-speed motorcycle as defined <br>in this section, but shall not include a tractor or a moped as defined in this section. (16) &quot;Low-speed vehicle&quot; 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 <br>(c) Is designed to operate at a speed not to exceed twenty-five (25) miles per hour as certified by the manufacturer. (17) &quot;Alternative-speed motorcycle&quot; means a motorcycle that: (a) Is self-propelled using an electric motor, combustion-driven motor, or a combination thereof; (b) Is three (3) wheeled; <br>(c) Has a fully enclosed cab and includes at least one (1) door for entry; and <br>(d) Is designed to operate at a speed not to exceed forty (40) miles per hour as certified by the manufacturer. Effective: June 25, 2009 <br>History: 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 <br>ch. 43, sec. 2, effective June 21, 2001. -- Amended 1994 Ky. Acts ch. 51, sec. 1, <br>effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 287, sec. 1, effective January <br>1, 1989. -- Amended 1986 Ky. Acts ch. 431, sec. 7, effective January 1, 1987. -- <br>Amended 1982 Ky. Acts ch. 194, sec. 2, effective July 15, 1982. -- Amended 1978 <br>Ky. Acts ch. 349, sec. 2, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, <br>Art. IX, sec. 20(2), (7), (9). -- Amended 1966 Ky. Acts ch. 139, sec. 2, effective <br>January 1, 1967. -- Amended 1962 Ky. Acts ch. 62, sec. 1, effective January 1, 1963. <br>-- Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. X, sec. 10, effective <br>September 1, 1956. -- Amended 1950 Ky. Acts ch. 190, secs. 1 and 2, effective June Page 4 of 4 15, 1950. -- Amended 1942 Ky. Acts ch. 78, sec. 1. -- Recodified 1942 Ky. Acts <br>ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739g-1, 2739m-33.