Summary of Original Version

Create a new section of KRS Chapter 189 to defines the terms "off-highway vehicle," "local government," and "regional authority"; allow a local government that is located within the boundary of a regional authority, to pass an ordinance allowing for the operation of off-highway vehicles (OHVs) on a roadways under local government jurisdiction and state roadways approved by the Transportation Cabinet; allow a local government to petition the Transportation Cabinet to include state-maintained roadways located within the local government's jurisdiction, for OHV use under local ordinance; prohibits OHV use on fully controlled access highways; outlines OHV ordinance requirements; allow the local government to assess a fee of $30 for an annual OHV permit for Commonwealth residents and $50 for nonresidents; specify that all OHV permits expire on April 1 of each year; permit a local government to contract with a regional authority or a private vendor for the issuance of OHV permits; outline OHV operating requirements for OHV permit holders; require OHV passengers under the age of 18 to wear a helmet; outline OHV signage requirement for local governments and the Transportation Cabinet; require reciprocity between local governments who have passed OHV ordinances; allow the Transportation Cabinet to prohibit the operation of OHVs on any public highway that crosses a state highway or any state highway if deemed in the interest of public safety; outline exemptions; amend KRS 189.515 to conform.

Summary of Amendment: Senate Committee Substitute 1

Summary Retain original provisions; allow local government to pass a pilot project, by ordinance, to allow OHV on roadways; require the local government to have a public meeting prior to passing an OHV ordinance; require public notification of the meeting; outline procedure for a local government to request a state roadway or portion of a state roadway, to be included in their OHV ordinance; expand list of OHV safety and equipment requirements; allow issuance of OHV permits on or after April 1, 2022; require ensuring that an OHV is insured prior to permit issuance; require local government to notify the Transportation Cabinet of any collision involving an OHV that occurred on any roadway approved for OHV use; require a local government to submit an annual report to the General Assembly; direct the Transportation Cabinet to promulgate administrative regulations; amend KRS 189.090 to establish a penalty of $250 for operating an OHV in violation; and provide that provisions sunset on July 1, 2024, unless the General Assembly takes further action.

Statutes affected:
Introduced: 189.515
Senate Committee Substitute 1: 189.515, 189.990
Current: 189.515, 189.990