189.010 Definitions for chapter.

Download pdf

Loading PDF...


Page 1 of 3 189.010 Definitions for chapter. As used in this chapter: <br>(1) &quot;Department&quot; means the Department of Highways. <br>(2) &quot;Crosswalk&quot; means: (a) That part of a roadway at an intersection within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the <br>curbs or in the absence of curbs, from the edges of the traversable roadway; or (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (3) &quot;Highway&quot; means any public road, street, avenue, alley or boulevard, bridge, viaduct, or trestle and the approaches to them and includes private residential roads <br>and parking lots covered by an agreement under KRS 61.362, off-street parking <br>facilities offered for public use, whether publicly or privately owned, except for-hire <br>parking facilities listed in KRS 189.700. (4) &quot;Intersection&quot; means: (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) <br>highways which join one another, but do not necessarily continue, at <br>approximately right angles, or the area within which vehicles traveling upon <br>different highways joining at any other angle may come into conflict; or (b) Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an <br>intersecting highway shall be regarded as a separate intersection. If the <br>intersecting highway also includes two (2) roadways thirty (30) feet or more <br>apart, every crossing of two (2) roadways of the highways shall be regarded as <br>a separate intersection. The junction of a private alley with a public street or <br>highway shall not constitute an intersection. (5) &quot;Manufactured home&quot; has the same meaning as defined in KRS 186.650. <br>(6) &quot;Motor truck&quot; means any motor-propelled vehicle designed for carrying freight or merchandise. It shall not include self-propelled vehicles designed primarily for <br>passenger transportation but equipped with frames, racks, or bodies having a load <br>capacity of not exceeding one thousand (1,000) pounds. (7) &quot;Operator&quot; means the person in actual physical control of a vehicle. <br>(8) &quot;Pedestrian&quot; means any person afoot or in a wheelchair. <br>(9) &quot;Right-of-way&quot; means the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under <br>such circumstances of direction, speed, and proximity as to give rise to danger of <br>collision unless one grants precedence to the other. (10) &quot;Roadway&quot; means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two <br>(2) or more separate roadways, the term &quot;roadway&quot; as used herein shall refer to any <br>roadway separately but not to all such roadways collectively. Page 2 of 3 (11) &quot;Safety zone&quot; means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by <br>adequate signs as to be plainly visible at all times while set apart as a safety zone. (12) &quot;Semitrailer&quot; means a vehicle designed to be attached to, and having its front end supported by, a motor truck or truck tractor, intended for the carrying of freight or <br>merchandise and having a load capacity of over one thousand (1,000) pounds. (13) &quot;Truck tractor&quot; means any motor-propelled vehicle designed to draw and to support the front end of a semitrailer. The semitrailer and the truck tractor shall be <br>considered to be one (1) unit. (14) &quot;Sharp curve&quot; means a curve of not less than thirty (30) degrees. <br>(15) &quot;State Police&quot; includes any agency for the enforcement of the highway laws established pursuant to law. (16) &quot;Steep grade&quot; means a grade exceeding seven percent (7%). <br>(17) &quot;Trailer&quot; means any vehicle designed to be drawn by a motor truck or truck-tractor, but supported wholly upon its own wheels, intended for the carriage of freight or <br>merchandise and having a load capacity of over one thousand (1,000) pounds. (18) &quot;Unobstructed highway&quot; means a straight, level, first-class road upon which no other vehicle is passing or attempting to pass and upon which no other vehicle or <br>pedestrian is approaching in the opposite direction, closer than three hundred (300) <br>yards. (19) (a) &quot;Vehicle&quot; includes: 1. All agencies for the transportation of persons or property over or upon <br>the public highways of the Commonwealth; and 2. All vehicles passing over or upon the highways. (b) &quot;Motor vehicle&quot; includes all vehicles, as defined in paragraph (a) of this subsection except: <br>1. Road rollers; 2. Road graders; 3. Farm tractors; 4. Vehicles on which power shovels are mounted; 5. Construction equipment customarily used only on the site of <br>construction and which is not practical for the transportation of persons <br>or property upon the highways; 6. Vehicles that travel exclusively upon rails; 7. Vehicles propelled by electric power obtained from overhead wires <br>while being operated within any municipality or where the vehicles do <br>not travel more than five (5) miles beyond the city limits of any <br>municipality; and 8. Vehicles propelled by muscular power. Page 3 of 3 (20) &quot;Reflectance&quot; means the ratio of the amount of total light, expressed in a percentage, which is reflected outward by the product or material to the amount of <br>total light falling on the product or material. (21) &quot;Sunscreening material&quot; means a product or material, including film, glazing, and perforated sunscreening, which, when applied to the windshield or windows of a <br>motor vehicle, reduces the effects of the sun with respect to light reflectance or <br>transmittance. (22) &quot;Transmittance&quot; means the ratio of the amount of total light, expressed in a percentage, which is allowed to pass through the product or material, including <br>glazing, to the amount of total light falling on the product or material and the <br>glazing. (23) &quot;Window&quot; means any device designed for exterior viewing from a motor vehicle, except the windshield, any roof-mounted viewing device, and any viewing device <br>having less than one hundred fifty (150) square inches in area. (24) &quot;All-terrain vehicle&quot; means any motor vehicle used for recreational off-road use. Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 47, sec. 1, effective July 15, 1998; ch. 270, sec. 1, effective July 15, 1998; and ch. 587, sec. 2, effective July 15, 1998. -- <br>Amended 1996 Ky. Acts ch. 327, sec. 1, effective July 15, 1996. -- Amended 1994 <br>Ky. Acts ch. 42, sec. 6, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 400, <br>sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 244, sec. 1, effective <br>July 15, 1988. -- Amended 1978 Ky. Acts ch. 46, sec. 1, effective June 17, 1978. -- <br>Amended 1974 Ky. Acts ch. 46, sec. 1. -- Amended 1958 Ky. Acts ch. 126, sec. 22. -<br>- Amended 1956 (2nd Extra. Sess.) Ky. Acts ch. 1, sec. 1. -- Amended 1942 Ky. Acts <br>ch. 78, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October <br>1, 1942, from Ky. Stat. secs. 2739g-1, 2739g-69gg, 2739g-80. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 47, 270, and 587 which do not appear to be in conflict and have been <br>codified together.