AN ACT Relating to Vehicles
UNOFFICIAL COPY AS OF 11/19/1814 REG. SESS.14 RS HB 86/GA
AN ACT relating to vehicles.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 189.520 is amended to read as follows:
(1)No person under the influence of intoxicating beverages or any substance which may impair one's driving ability shall operate a vehicle that is not a motor vehicle anywhere in this state.
(2)No peace officer or State Police officer shall fail to enforce rigidly this section.
(3)In any criminal prosecution for a violation of subsection (1) of this section, wherein the defendant is charged with having operated a vehicle which is not a motor vehicle while under the influence of intoxicating beverages, the alcohol concentration, as defined in KRS 189A.005, in the defendant's blood as determined at the time of making an analysis of the defendant's[his] blood, urine, or breath, shall give rise to the following presumptions:
(a)If there was an alcohol concentration of less than 0.05, it shall be presumed that the defendant was not under the influence of alcohol;
(b)If there was an alcohol concentration of 0.05 or greater but less than 0.08, such fact shall not constitute a presumption that the defendant either was or was not under the influence of alcohol, but such fact may be considered, together with other competent evidence, in determining the guilt or innocence of the defendant; and
(c)If there was an alcohol concentration of 0.08 or more, it shall be presumed that the defendant was under the influence of alcohol.
(4)The provisions of subsection (3) of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the defendant was under the influence of intoxicating beverages.
(5)A person using muscular power to propel a vehicle shall not be deemed to operate that vehicle unless the person also has physical control of the steering or braking of the vehicle.
Section 2. KRS 222.202 is amended to read as follows:
(1)A person is guilty of alcohol intoxication when the person[he] appears in a public place manifestly under the influence of alcohol to the degree that the person[he] may endanger himself, herself, or other persons or property, or unreasonably annoy persons in his or her vicinity.
(2)A person is guilty of drinking alcoholic beverages in a public place when the person[he] drinks an alcoholic beverage:
(a)In a public place;[, or]
(b)In or upon any passenger coach, or other vehicle commonly used for the transportation of passengers, unless the person is strictly a passenger or is only providing muscular power to propel the vehicle, the person is in the passenger area of the vehicle, and the vehicle is being used for the transportation for compensation such as a tour bus or limousine; or
(c)In or about any depot, platform, or waiting room.
SECTION 3. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO READ AS FOLLOWS:
(1)As used in this section, "commercial quadricycle" means a vehicle with fully operative pedals for propulsion entirely by human power or propulsion provided by a combination of human power and any form of an assist, that has at least four (4) wheels and is operated in a manner similar to a bicycle, that is equipped with at least twelve (12) seats for passengers, that is designed to be occupied by a driver and by passengers providing pedal power to the drive train of the vehicle, that is used for commercial purposes, and that is operated by the vehicle owner or an employee of the owner.
(2)Before a commercial quadricycle may be operated on a public highway, the city, county, urban-county government, charter county, or consolidated local government in which the commercial quadricycle will be operated shall adopt an ordinance setting forth regulations for their operation. The ordinance under this subsection shall include, but not be limited to:
(a)Licensing requirements;
(b)Insurance requirements;
(c)Disclosure and approval of area of operation;
(d)Safety and equipment standards;
(e)Inspection requirements; and
(f)Standards for vehicle operation, including restrictions on the hours of operation.
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HB008610.100 - 145 - 5696GA