Kentucky Statutes 189.450 – Stopping, standing, parking, or repairing vehicle on roadway or shoulders of highway
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(1) No person shall stop a vehicle, leave it standing, or cause it to stop or to be left standing upon any portion of the roadway; provided, however, that this section shall not be construed to prevent parking in front of a private residence off the roadway or street in a city or suburban area where such parking is otherwise permitted, as long as the vehicle so parked does not impede the flow of traffic. This subsection shall not apply to:
(a) A vehicle that has been disabled on the right-of-way of such a highway in such a manner and to such extent that it is impossible to avoid the occupation of the shoulder of a state-maintained highway or impracticable to remove it from the shoulder of the highway until repairs have been made or sufficient help obtained for its removal. In no event shall a disabled vehicle remain on the shoulder of a state-maintained highway for twenty-four (24) hours or more;
(b) Motor vehicles when required to stop in obedience to the provisions of any section of the Kentucky Revised Statutes or any traffic ordinance, regulation, or sign or the command of any peace officer;
(c) Vehicles operating as common carriers of passengers for hire and school buses taking passengers on such vehicle or discharging passengers therefrom; provided, that no such vehicle shall stop for such purposes at a place on the highway which does not afford reasonable visibility to approaching motor vehicles from both directions;
(d) Vehicles which are stopped for a period of not more than fifteen (15) minutes at a time for the purpose of collecting and transporting solid waste as defined in KRS § 224.1-010(30)(a), and which are operated by a:
1. Collection service registered in accordance with KRS § 224.43-315; or
2. Person or organization actively participating in the Adopt-a-Highway
Program; or
(e) Any vehicle required to stop by reason of an obstruction to its progress.
(2) When any police officer finds a vehicle standing upon such a highway in violation of this section, he may move or cause to be moved the vehicle or require the operator or other person in charge of the vehicle to move it. The police officer may cause the vehicle to be removed by ordering any person engaged in the business of storing or towing motor vehicles to remove the vehicle to a site chosen by such person. Ownership of the vehicle shall be determined by the police officer’s enforcement agency through the vehicle’s license plates, serial number, or other means of determining ownership. As soon as practicable, the police officer’s enforcement agency shall notify the owner by mail that the vehicle was illegally upon public property; the name and address of the storage facility where the vehicle is located; that removal of the vehicle from the storage facility will involve payment of towing and storage charges; and that the vehicle may be sold pursuant to the provisions of KRS
376.275 if not claimed within sixty (60) days. No notification shall be required if ownership cannot be determined. In the event of a sale pursuant to KRS
376.275, the state shall receive any proceeds after the satisfaction of all liens
placed on the vehicle.
(3) No vehicle shall be parked, stopped, or allowed to stand on the shoulders of any toll road, interstate highway, or other fully controlled access highway, including ramps thereto, nor shall any vehicle registered at a gross weight of over forty-four thousand (44,000) pounds be parked, stopped, or allowed to stand on the shoulders of any state-maintained highway, except that, in the case of emergency or in response to a peace officer’s signal, vehicles shall be permitted to stop on the shoulders to the right of the traveled way with all wheels and projecting parts of the vehicles, including the load, completely clear of the traveled way. Parking of any vehicle which is disabled on the shoulders of a toll road, interstate highway, other fully controlled access highway, including ramps thereto, or any state-maintained highway not mentioned in this section for twenty-four (24) hours continuously is prohibited and vehicles violating this provision may be towed away at the cost of the owner.
(4) When any police officer finds a vehicle unattended upon any bridge or causeway or in a tunnel where the vehicle constitutes an obstruction to traffic, the officer may provide for the removal of the vehicle to the nearest garage or other place of safety as provided in subsection (2) of this section.
(5) No person shall stop or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in the following places:
(a) On a sidewalk;
(b) In front of sidewalk ramps provided for persons with disabilities; (c) In front of a public or private driveway;
(d) Within an intersection or on a crosswalk;
(e) At any place where official signs prohibit stopping or parking;
(f) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway;
(g) On any controlled access highway; (h) Within a highway tunnel;
(i) Within fifteen (15) feet of a fire hydrant; or
(j) In an area between the roadways of a divided highway.
(6) No person shall move a vehicle not lawfully under his control into any such prohibited area.
(7) The restrictions in subsection (5)(e) of this section shall not apply to sheriffs and their deputies or police officers when operating properly identified vehicles during performance of their official duties.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 21, effective June 29, 2017. — Amended 2016 Ky. Acts ch. 19, sec. 1, effective July 15, 2016. — Amended
2006 Ky. Acts ch. 173, sec. 19, effective July 12, 2006. — Amended 1994 Ky. Acts ch. 405, sec. 39, effective July 15, 1994. — Amended 1988 Ky. Acts ch. 80, sec. 1, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 322, sec. 1, effective July 15, 1986. — Amended 1982 Ky. Acts ch. 318, sec. 1, effective July
15, 1982. — Amended 1980 Ky. Acts ch. 163, sec. 1, effective July 15, 1980. — Amended 1974 Ky. Acts ch. 405, sec. 1. — Amended 1970 Ky. Acts ch. 93, sec.
11. — Amended 1964 Ky. Acts ch. 25, sec. 1. — Amended 1962 Ky. Acts ch.
288, sec. 2. — Amended 1954 Ky. Acts ch. 235, sec. 1. — Amended 1952 Ky. Acts ch. 206, sec. 3. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739g-48.
(a) A vehicle that has been disabled on the right-of-way of such a highway in such a manner and to such extent that it is impossible to avoid the occupation of the shoulder of a state-maintained highway or impracticable to remove it from the shoulder of the highway until repairs have been made or sufficient help obtained for its removal. In no event shall a disabled vehicle remain on the shoulder of a state-maintained highway for twenty-four (24) hours or more;
Terms Used In Kentucky Statutes 189.450
- City: includes town. See Kentucky Statutes 446.010
- Crosswalk: means :
(a) That part of a roadway at an intersection within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway. See Kentucky Statutes 189.010 - Intersection: means :
(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another, but do not necessarily continue, at approximately right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come into conflict. See Kentucky Statutes 189.010 - Operator: means the person in actual physical control of a vehicle. See Kentucky Statutes 189.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Right-of-way: means the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. 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
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Vehicle: includes :
1. See Kentucky Statutes 189.010
(b) Motor vehicles when required to stop in obedience to the provisions of any section of the Kentucky Revised Statutes or any traffic ordinance, regulation, or sign or the command of any peace officer;
(c) Vehicles operating as common carriers of passengers for hire and school buses taking passengers on such vehicle or discharging passengers therefrom; provided, that no such vehicle shall stop for such purposes at a place on the highway which does not afford reasonable visibility to approaching motor vehicles from both directions;
(d) Vehicles which are stopped for a period of not more than fifteen (15) minutes at a time for the purpose of collecting and transporting solid waste as defined in KRS § 224.1-010(30)(a), and which are operated by a:
1. Collection service registered in accordance with KRS § 224.43-315; or
2. Person or organization actively participating in the Adopt-a-Highway
Program; or
(e) Any vehicle required to stop by reason of an obstruction to its progress.
(2) When any police officer finds a vehicle standing upon such a highway in violation of this section, he may move or cause to be moved the vehicle or require the operator or other person in charge of the vehicle to move it. The police officer may cause the vehicle to be removed by ordering any person engaged in the business of storing or towing motor vehicles to remove the vehicle to a site chosen by such person. Ownership of the vehicle shall be determined by the police officer’s enforcement agency through the vehicle’s license plates, serial number, or other means of determining ownership. As soon as practicable, the police officer’s enforcement agency shall notify the owner by mail that the vehicle was illegally upon public property; the name and address of the storage facility where the vehicle is located; that removal of the vehicle from the storage facility will involve payment of towing and storage charges; and that the vehicle may be sold pursuant to the provisions of KRS
376.275 if not claimed within sixty (60) days. No notification shall be required if ownership cannot be determined. In the event of a sale pursuant to KRS
376.275, the state shall receive any proceeds after the satisfaction of all liens
placed on the vehicle.
(3) No vehicle shall be parked, stopped, or allowed to stand on the shoulders of any toll road, interstate highway, or other fully controlled access highway, including ramps thereto, nor shall any vehicle registered at a gross weight of over forty-four thousand (44,000) pounds be parked, stopped, or allowed to stand on the shoulders of any state-maintained highway, except that, in the case of emergency or in response to a peace officer’s signal, vehicles shall be permitted to stop on the shoulders to the right of the traveled way with all wheels and projecting parts of the vehicles, including the load, completely clear of the traveled way. Parking of any vehicle which is disabled on the shoulders of a toll road, interstate highway, other fully controlled access highway, including ramps thereto, or any state-maintained highway not mentioned in this section for twenty-four (24) hours continuously is prohibited and vehicles violating this provision may be towed away at the cost of the owner.
(4) When any police officer finds a vehicle unattended upon any bridge or causeway or in a tunnel where the vehicle constitutes an obstruction to traffic, the officer may provide for the removal of the vehicle to the nearest garage or other place of safety as provided in subsection (2) of this section.
(5) No person shall stop or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in the following places:
(a) On a sidewalk;
(b) In front of sidewalk ramps provided for persons with disabilities; (c) In front of a public or private driveway;
(d) Within an intersection or on a crosswalk;
(e) At any place where official signs prohibit stopping or parking;
(f) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway;
(g) On any controlled access highway; (h) Within a highway tunnel;
(i) Within fifteen (15) feet of a fire hydrant; or
(j) In an area between the roadways of a divided highway.
(6) No person shall move a vehicle not lawfully under his control into any such prohibited area.
(7) The restrictions in subsection (5)(e) of this section shall not apply to sheriffs and their deputies or police officers when operating properly identified vehicles during performance of their official duties.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 21, effective June 29, 2017. — Amended 2016 Ky. Acts ch. 19, sec. 1, effective July 15, 2016. — Amended
2006 Ky. Acts ch. 173, sec. 19, effective July 12, 2006. — Amended 1994 Ky. Acts ch. 405, sec. 39, effective July 15, 1994. — Amended 1988 Ky. Acts ch. 80, sec. 1, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 322, sec. 1, effective July 15, 1986. — Amended 1982 Ky. Acts ch. 318, sec. 1, effective July
15, 1982. — Amended 1980 Ky. Acts ch. 163, sec. 1, effective July 15, 1980. — Amended 1974 Ky. Acts ch. 405, sec. 1. — Amended 1970 Ky. Acts ch. 93, sec.
11. — Amended 1964 Ky. Acts ch. 25, sec. 1. — Amended 1962 Ky. Acts ch.
288, sec. 2. — Amended 1954 Ky. Acts ch. 235, sec. 1. — Amended 1952 Ky. Acts ch. 206, sec. 3. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739g-48.