189.285 Regulations for operating and riding on motorcycles -- Headgear
requirements -- Definitions of motorcycle and moped.

(1) A person shall not operate a motorcycle on a highway:

(a) Except when that person is in possession of a valid motorcycle operator's license; and(b) Unless that person uses an approved eye-protective device, in the manner prescribed by the secretary of the Transportation Cabinet, at all times such vehicle is in motion; and(c) Unless the motorcycle is equipped with a rear-view mirror.

(a) Except on a seat permanently attached to that vehicle and specifically designed to carry the operator or passenger in a safe manner; and
(b) Except when using a footrest permanently attached to that vehicle and specifically designed to carry that person in a safe manner.

(a) A person under the age of twenty-one (21) years who is operating a motorcycle or who is a passenger on a motorcycle or in a sidecar attachment;
(b) A person who possesses a motorcycle instruction permit and who is operating a motorcycle; and
(c) A person who has held a valid motorcycle operator's license, or combination motor vehicle-motorcycle operator's license, for less than one (1) year and who is operating a motorcycle.

(4) A motorcycle operator authorized to drive a motorcycle on an instruction permit shall not be authorized to carry passengers.

(5) The secretary of the Transportation Cabinet shall by regulation fix minimum standards for approved protective headgear and for approved eye-protective devices,and prescribe the manner in which they shall be used. The secretary shall maintain and cause to be published a list of approved protective headgear and of approved eye-protective devices. The secretary may prescribe by regulation minimum standards for other protective devices and require the use of those devices.

(6) As used in this chapter and KRS Chapter 186, "motorcycle" 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 with the ground, but excluding tractors and vehicles on which the operator and passengers ride in an enclosed cab and excluding a moped as defined in this section.

(7) "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.

Effective: July 14, 2000

History: Amended 2000 Ky. Acts ch. 319, sec. 2, effective July 14, 2000; and ch. 393,sec. 47, effective July 14, 2000.

-- Amended 1998 Ky. Acts ch. 21, sec. 1, effective July 15, 1998.

-- Amended 1982 Ky. Acts ch. 194, sec. 4, effective July 15, 1982.

--Amended 1978 Ky. Acts ch. 349, sec. 8, effective June 17, 1978; ch. 434, sec. 6, effective June 17, 1978.

-- Amended 1976 Ky. Acts ch. 173, sec. 6.

-- Amended 1978Ky. Acts ch. 349, sec. 8, effective June 17, 1978.

-- Amended 1976 Ky. Acts ch. 173,sec. 6. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(10).

-- Created 1968 Ky.Acts ch. 63, sec. 1. Legislative Research Commission Note (7/24/2000)).

This section was amended by2000 Ky. Acts chs 319 and 393, which do not appear to be in conflict and have been codified together.

601 KAR 14:010. Headgear and eye-protective devices.

RELATES TO: KRS 186.865, 189.285, 49 CFR Part 571.218

STATUTORY AUTHORITY: KRS 174.080(1), 186.865, 189.285(5)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.285(5) requires the secretary to promulgate administrative regulations establishing minimum standards for protective headgear and eye-protective devices to be used by motorcycle operators. KRS 189.515(4) requires the secretary to promulgate administrative regulations establishing approved protective headgear for all-terrain vehicle operators. This administrative regulation establishes the minimum standards and approved headgear and eye-protective devices.

Section 1. Definitions. (1) "Health insurance" is defined by KRS 304.5-040.

(2) "Proof" means documentation which establishes that a person possesses health insurance coverage.

Section 2. A person shall not operate a motorcycle on a public road, street, or highway unless:

(1) The person wears protective headgear which meets the standards set forth in Section 5 of this administrative regulation; or

(2) A "No Helmet" decal is affixed, in accordance with KRS 186.865(1), to the license plate of the motorcycle being operated.

Section 3. The protective headgear required when operating an all-terrain vehicle shall meet the standards set forth in Section 5 of this administrative regulation.

Section 4. A person shall not operate a motorcycle on a public road, street, or highway unless he wears an eye-protective device which meets the standards set forth in Section 6 of this administrative regulation.

Section 5. List of Approved Protective Headgear and Approved Eye-protective Devices. (1) Protective headgear.

(a) A motorcycle helmet shall be approved by the cabinet if it:

1. Meets the requirements of 49 CFR 571.218; and

2. Has been permanently and legibly labeled with the letters "DOT".

(b) The letters "DOT" shall:

1. Appear on the outer surface of the helmet;

2. Contrast with the helmet color;

3. Be at least one (1) centimeter in height; and

4. Be placed a minimum of two and nine-tenths (2.9) centimeters and a maximum of three and five-tenths (3.5) centimeters from the bottom edge of the posterior of the helmet.

(2) Eye protection devices. An eye protection device shall be permanently and legibly marked on each lens, in a manner that does not interfere with the vision of the wearer, with:

(a) "VESC-8"; or

(b) If space is limited, "V-8".

Section 6. Adoption Without Change. (1) 49 CFR 571.218 (October 1, 1998) is adopted without change. The material may be viewed, copied or obtained from the Transportation Cabinet, Office of General Counsel, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. through 4:30 p.m.

Section 7. Incorporated by Reference. (1)(a) "Minimum Requirements for Motorcyclists' Eye Protection" July 1980 edition, published by the Vehicle Equipment Safety Commission; and

(b) The "No-Helmet" decal required by the provisions of this administrative regulation.

(2) The material may be viewed, copied or obtained from the Transportation Cabinet, Office of General Counsel, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. through 4:30 p.m. (2 Ky. R. 312; eff. 3-10-76; Am. 15 Ky. R. 543; eff. 10-4-88; 17 Ky. R. 108; eff. 9-4-90; 25 Ky. R. 2952; 26 Ky. R. 607; eff. 9-7-99.)

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