Kentucky HB 459: AN ACT relating to transportation.

Status: recommitted to Appropriations & Revenue (H) (as of 2021-03-11)

State: Kentucky · Session: 2021RS · Bill: HB 459

Subjects: Fiscal Note, State Agencies, Technical Corrections, Transportation

Sponsors: K. Upchurch

Bill Text

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AN ACT relating to transportation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 189.010 is amended to read as follows: 3
As used in this chapter: 4
(1) "Department" means the Department of Highways; 5
(2) "Crosswalk" means: 6
(a) That part of a roadway at an intersection within the connections of the lateral 7
lines of the sidewalks on opposite sides of the highway measured from the 8
curbs or in the absence of curbs, from the edges of the traversable roadway; or 9
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated 10
for pedestrian crossing by lines or other markings on the surface; 11
(3) "Highway" means any public road, street, avenue, alley or boulevard, bridge, 12
viaduct, or trestle and the approaches to them and includes private residential roads 13
and parking lots covered by an agreement under KRS 61.362, off-street parking 14
facilities offered for public use, whether publicly or privately owned, except for-hire 15
parking facilities listed in KRS 189.700; 16
(4) "Intersection" means: 17
(a) The area embraced within the prolongation or connection of the lateral curb 18
lines, or, if none, then the lateral boundary lines of the roadways of two (2) 19
highways which join one another, but do not necessarily continue, at 20
approximately right angles, or the area within which vehicles traveling upon 21
different highways joining at any other angle may come into conflict; or 22
(b) Where a highway includes two (2) roadways thirty (30) feet or more apart, 23
then every crossing of each roadway of such divided highway by an 24
intersecting highway shall be regarded as a separate intersection. If the 25
intersecting highway also includes two (2) roadways thirty (30) feet or more 26
apart, every crossing of two (2) roadways of the highways shall be regarded as 27

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a separate intersection. The junction of a private alley with a public street or 1
highway shall not constitute an intersection; 2
(5) "Manufactured home" has the same meaning as defined in KRS 186.650; 3
(6) "Motor truck" means any motor-propelled vehicle designed for carrying freight or 4
merchandise. It shall not include self-propelled vehicles designed primarily for 5
passenger transportation but equipped with frames, racks, or bodies having a load 6
capacity of not exceeding one thousand (1,000) pounds; 7
(7) "Operator" means the person in actual physical control of a vehicle; 8
(8) "Pedestrian" means any person afoot or in a wheelchair; 9
(9) "Right-of-way" means the right of one (1) vehicle or pedestrian to proceed in a 10
lawful manner in preference to another vehicle or pedestrian approaching under 11
such circumstances of direction, speed, and proximity as to give rise to danger of 12
collision unless one grants precedence to the other; 13
(10) "Roadway" means that portion of a highway improved, designed, or ordinarily used 14
for vehicular travel, exclusive of the berm or shoulder. If a highway includes two 15
(2) or more separate roadways, the term "roadway" as used herein shall refer to any 16
roadway separately but not to all such roadways collectively; 17
(11) "Safety zone" means the area or space officially set apart within a roadway for the 18
exclusive use of pedestrians and which is protected or is so marked or indicated by 19
adequate signs as to be plainly visible at all times while set apart as a safety zone; 20
(12) "Semitrailer" means a vehicle designed to be attached to, and having its front end 21
supported by, a motor truck or truck tractor, intended for the carrying of freight or 22
merchandise and having a load capacity of over one thousand (1,000) pounds; 23
(13) "Truck tractor" means any motor-propelled vehicle designed to draw and to support 24
the front end of a semitrailer. The semitrailer and the truck tractor shall be 25
considered to be one (1) unit; 26
(14) "Sharp curve" means a curve of not less than thirty (30) degrees; 27

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(15) "State Police" includes any agency for the enforcement of the highway laws 1
established pursuant to law; 2
(16) "Steep grade" means a grade exceeding seven percent (7%); 3
(17) "Trailer" means any vehicle designed to be drawn by a motor truck or truck-tractor, 4
but supported wholly upon its own wheels, intended for the carriage of freight or 5
merchandise and having a load capacity of over one thousand (1,000) pounds; 6
(18) "Unobstructed highway" means a straight, level, first-class road upon which no 7
other vehicle is passing or attempting to pass and upon which no other vehicle or 8
pedestrian is approaching in the opposite direction, closer than three hundred (300) 9
yards; 10
(19) (a) "Vehicle" includes: 11
1. All agencies for the transportation of persons or property over or upon 12
the public highways of the Commonwealth; and 13
2. 

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