AN ACT relating to nondivisible loads.

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AN ACT relating to nondivisible loads. 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 r oadway 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 a nd 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 -15
hire 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 s uch 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 desig ned 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 ar ea 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" i ncludes 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 wh olly 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 at tempting 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. All vehicles passing over or upon the highways. 14
(b) "Motor vehicle" includes all vehicles, as defined in paragraph (a) of this 15
subsection, except: 16
1. Road rollers; 17
2. Road graders; 18
3. Farm tractors; 19
4. Vehicles on which power shovels are mounted; 20
5. Construction equipment customarily used only on the site of 21
construction and which is not practical for the transportation of persons 22
or property upon the highways; 23
6. Vehicles that travel exclusively upon rails; 24
7. Vehicles propelled by electric power obtained from overhead wires 25
while being operated within any municipality or where the vehicles do 26
not travel more than five (5) miles beyond the city limits of any 27
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municipality; 1
8. Vehicles propelled by muscular power; and 2
9. Electric low-speed scooters; 3
(20) "Reflectance" means the ratio of the amount of total light, expressed in a 4
percentage, which is reflected outward by the product or material to the amount of 5
total light falling on the product or material; 6
(21) "Sunscreening material" means a product or material, including film, glazing, and 7
perforated sunscreening, which, when applied to the windshield or windows of a 8
motor vehicle, reduces the effects of the sun with respect to light reflectance or 9
transmittance; 10
(22) "Transmittance" means the ratio of the amount of total light, expressed in a 11
percentage, which is allowed to pass through the product or material, including 12
glazing, to the amount of total light falling on the product or material and the 13
glazing; 14
(23) "Window" means any device designed for exterior viewing from a motor vehicle, 15
except the windshield, any roof -mounted viewing device, and any viewing device 16
having less than one hundred fifty (150) square inches in area; 17
(24) "All-terrain vehicle" means any motor vehicle used for recreational off-road use; 18
(25) "Nondivisible load," as pertains to: 19
(a) State highways that are not part of the national truck network established 20
pursuant to 23 C.F.R. pt. 658, means a load or vehicle, that if separated into 21
smaller loads or vehicles: 22
1.[(a)] Compromises the intended use of the vehicle, making it unable to 23
perform the function for which it was intended; 24
2.[(b)] Destroys the value of the load or vehicle, making it unusable for 25
its intended purpose; or 26
3.[(c)] Requires more than four (4) work hours to dismantle and 27
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reassemble using appropriate equipment; or 1
(b) Any state -maintained highway, includes electric vehicle batteries, 2
notwithstanding KRS 189.269; 3
(26) "Electric low-speed scooter" means a device that: 4
(a) Weighs less than one hundred (100) pounds; 5
(b) Is equipped with wheels; 6
(c) Is equipped with handlebars; 7
(d) Is equipped with a brake adequate enough to stop and park the device; 8
(e) Is designed to be stood or sat upon; 9
(f) Is propelled by an electric motor, human power, or both; and 10
(g) Is designed to operate at a maximum speed of twenty (20) miles per hour, on a 11
paved level surface, with or without human propulsion; and 12
(27) "Highway work zone" means that portion of a highway and the affected area 13
adjacent to a lane, berm, or shoulder, including a sidewalk, upon which 14
construction, reconstruction, resurfacing, maintenance, inspection, or other work of 15
that nature is being conducted by a government agency, private contractor, or utility 16
company. 17