Leader

Collapse

Announcement

Collapse
No announcement yet.

Kentucky Motorcycle Legal Question

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Kentucky Motorcycle Legal Question

    If the driver of a motorcycle has their license and is 21 years old, does the passenger need a helmet if they are 21 years old? If possible, please back up your answer with KRS or Violation Codes. Thanks for your input!

  • #2
    The passenger is not required to wear a helmet if they are over 21. The driver's age or endorsement status has no bearing on weather or not the passenger has to wear a helmet (granted, if the driver has a permit he is not permitted to be carrying a passenger). The driver is required to wear a helmet if he has had his motorcycle ENDORSEMENT less than one year. KRS 189.285 is the statute that deals with motorcycles. Subsection 3 deals specificly with helmets. I have copied the KRS below for your reading enjoyment:


    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 as required under KRS 189.130.
    (2) A person shall not operate or ride as a passenger on a motorcycle:
    (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.
    (3) The following persons shall be required to wear protective headgear, in the manner prescribed by the secretary of the Transportation Cabinet, at all times the motorcycles they are riding are in motion on a public highway:
    (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:
    (a) "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 subsection; and
    (b) "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 12, 2006
    History: Amended 2006 Ky. Acts ch. 173, sec. 10, effective July 12, 2006. -- Amended
    2001 Ky. Acts ch. 43, sec. 3, effective June 21, 2001. -- 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 1974 Ky. Acts ch. 74, Art. IV,
    sec. 20(10). -- Amended 1972 Ky. Acts ch. 203, sec. 36. -- Created 1968 Ky. Acts
    ch. 63, sec. 1.
    Last edited by lexcoptk; 05-09-2011, 06:47 PM.

    Comment


    • #3
      Ok, Great answer, Thanks!
      The passenger if 21 years old does not require a helmet regardless of any other circumstances. Who receives the citation if the passenger is under 21. Does the officer have a choice to cite either person for the offense? Thanks for the input!

      Comment


      • #4
        Originally posted by Lexington911 View Post
        Ok, Great answer, Thanks!
        The passenger if 21 years old does not require a helmet regardless of any other circumstances. Who receives the citation if the passenger is under 21. Does the officer have a choice to cite either person for the offense? Thanks for the input!
        The passenger would receive the citation as he/she is the one in violation. I guess the driver could be cited for complicity to the violation, but that would be nit-picking.
        My posts are sometimes educated, sometimes informed, and sometimes blowing smoke...but they are mine and mine alone and do not reflect on anyone else (especially my employer).

        Comment


        • #5
          Originally posted by firemanjb View Post
          The passenger would receive the citation as he/she is the one in violation. I guess the driver could be cited for complicity to the violation, but that would be nit-picking.
          I agree unless the passenger is under 16, in which case I would cite the rider.

          Comment

          MR300x250 Tablet

          Collapse

          What's Going On

          Collapse

          There are currently 4958 users online. 304 members and 4654 guests.

          Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

          Welcome Ad

          Collapse
          Working...
          X