Kentucky Statutes 189.294 – Use of personal communication device by minor prohibited while operating motor vehicle, motorcycle, or moped in motion on traveled portion of roadway — Exclusions — Administrative regulations
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(1) As used in this section, “personal communication device” shall have the same meaning as defined in KRS § 189.292.
(2) Any person under the age of eighteen (18) who has been issued an instruction permit, intermediate license, or operator‘s license shall not operate a motor vehicle, motorcycle, or moped that is in motion on the traveled portion of a roadway while using a personal communication device, except to summon medical help or a law enforcement or public safety agency in an emergency situation.
(3) Use of a personal communication device does not include a stand-alone global positioning system, a global positioning or navigation system that is physically or electronically integrated into the motor vehicle, or an in-vehicle security, diagnostics, and communications system, but does include manually entering information into the global positioning system feature of a personal communication device.
(4) This section shall not apply to the use of a citizens band radio or an amateur radio by a motor vehicle operator.
(5) The secretary of the Transportation Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of this section, including but not limited to updates or advances in the automotive and information technology industries.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 59, sec. 4, effective June 8, 2011. — Created 2010
Ky. Acts ch. 110, sec. 3, effective July 15, 2010.
(2) Any person under the age of eighteen (18) who has been issued an instruction permit, intermediate license, or operator‘s license shall not operate a motor vehicle, motorcycle, or moped that is in motion on the traveled portion of a roadway while using a personal communication device, except to summon medical help or a law enforcement or public safety agency in an emergency situation.
Terms Used In Kentucky Statutes 189.294
- 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. See Kentucky Statutes 189.285 - Motor vehicle: includes all vehicles, as defined in paragraph (a) of this subsection, except:
1. See Kentucky Statutes 189.010 - 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. See Kentucky Statutes 189.285
- Operator: means the person in actual physical control of a vehicle. See Kentucky Statutes 189.010
- Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Kentucky Statutes 189.010
- Vehicle: includes :
1. See Kentucky Statutes 189.010
(3) Use of a personal communication device does not include a stand-alone global positioning system, a global positioning or navigation system that is physically or electronically integrated into the motor vehicle, or an in-vehicle security, diagnostics, and communications system, but does include manually entering information into the global positioning system feature of a personal communication device.
(4) This section shall not apply to the use of a citizens band radio or an amateur radio by a motor vehicle operator.
(5) The secretary of the Transportation Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of this section, including but not limited to updates or advances in the automotive and information technology industries.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 59, sec. 4, effective June 8, 2011. — Created 2010
Ky. Acts ch. 110, sec. 3, effective July 15, 2010.