Kentucky Motorcycle Helmet Law

21 Years Old
Kentucky Motorcycle Helmet Law

STATUTE:

Title XVI. Motor Vehicles. Chapter 189. Traffic Regulations; Vehicle Equipment and Storage. Section 189.285 Regulations for Operating and Riding On Motorcycles. :

. . . (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;
(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; and
(d) Any person who does not provide proof of health insurance to the county clerk when registering a motorcycle in accordance with Section 2 of this Act.

FINE:

The fines now run from $20.00 to $100.00. It was $500.00 and a 60 day suspension of your license!

STANDARDS:

Title XVI. Motor Vehicles. Chapter 189. Traffic Regulations; Vehicle Equipment and Storage. Section 189.285 Regulations for Operating and Riding On Motorcycles:

” . . . (3) 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.”

COURT DECISIONS:

We have been unable to uncover any court decision from a court of record, either from the Kentucky Appellate or Supreme Courts, which indicates that the question of whether or not Kentucky’s helmet law is constitutional has not been addressed in the courts.

CURRENT ACTIVITY:

HB 619 – 4/5/00 – was signed by Governor Patton at 11:00 AM today. This bill removes the health insurance requirement. You can ride without a helmet if you’re over 21. The law goes into effect July 15, 2000

HB 619 (BR 1803)
M. Treesh, L. Belcher, S. Cave, J. Gooch

AN ACT relating to motor vehicle insurance.

Amend KRS 186A.040 allow the Department of Vehicle Regulation to make a determination as to the notification of insured, and to remove the Department of Vehicle Regulation from accepting proof of insurance and reinstatement fees.
HB 619 – AMENDMENTS

SFA (1, D. Seum) – Add Section 2 to amend KRS 189.285 to eliminate the requirement that a motorcyclist must have proof of health insurance to ride without a helmet; add Section 3 to amend KRS 189.990 to set the fine for violating KRS 189.285 to a fine of $20 to $100 dollars; and repeal KRS 186.865 to conform.

RELATED INFORMATION:

Kentucky New Helmet Law Raises Questions – KY’s revised helmet law (July 15) has caused a great deal of confusion among in-state and out-of-state riders, leaving bikers unsure who must wear a helmet and who’s exempt.

Kentucky HB 106 – is the most bizarre and threatening modification bill we’ve seen. Beware, if you’re not happy with the insurance amendment in AB-1412, this bill will really piss you off. 

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