KRS § 281.605 — KY Code / Title XXIV / Chapter 281 / Section 281.605
281.605 Exemption of motor vehicles used for certain purposes
Status: in_force

281.605 Exemption of motor vehicles used for certain purposes.

The provisions of this chapter shall not apply, except as to safety regulations, to:

(1) Motor vehicles used as school buses and while engaged in the transportation of

students, under the supervision and control and at the direction of school

authorities;

(2) Except as provided in paragraph (e) of this subsection, motor vehicles, regardless of

ownership, used exclusively:

(a) For the transportation of agricultural and dairy products, including fruit,

livestock, meats, fertilizer, wood, lumber, cotton, products of grove or

orchard, poultry, and eggs, while owned by the producer of the products,

including landlord where the relation of landlord and tenant or landlord and

cropper is involved, from the farm to a market, warehouse, dairy, or mill, or

from one (1) market, warehouse, dairy, or mill to another market, warehouse,

dairy, or mill. As used in this paragraph and in paragraph (b) of this

subsection, "livestock" means cattle, sheep, swine, goats, horses, alpacas,

llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine,

equine, or camelid species;

(b) For the transportation of agricultural and dairy products, livestock, farm

machinery, feed, fertilizer, and other materials and supplies essential to farm

operation, from market or shipping terminal to farm;

(c) For both the purposes described in paragraphs (a) and (b) of this subsection;

(d) For the transportation of agricultural and dairy products from farm to regularly

organized fairs and exhibits and return; or

(e) Motor vehicles used for the transportation of fly ash, in bags, sacks, or other

containers, the aggregate weight of which does not exceed ten thousand

(10,000) pounds; or bottom ash, waste ash, sludge, and pozatec which is being

removed from the premises of a power generator facility for the purpose of

disposal;

(3) Motor vehicles used exclusively as church buses and while operated in the

transportation of persons to and from a church or place of worship or for other

religious work under the supervision and control and at the direction of church

authorities;

(4) Motor vehicles used exclusively for the transportation of property belonging to a

nonprofit cooperative association or its members where the vehicle is owned or

leased exclusively by the association;

(5) Motor vehicles owned in whole or in part by any person and used by such person to

transport commodities of which such person is the bona fide owner, lessee,

consignee, or bailee; provided, however, that such transportation is for the purpose

of sale, lease, rent, or bailment, and is an incidental adjunct to an established private

business owned and operated by such person within the scope and in furtherance of

any primary commercial enterprise of such person other than the business of

transportation of property for hire;

(6) Motor vehicles used in pick-up or delivery service within a city or within a city and

its commercial area for a carrier by rail;

(7) Motor vehicles used exclusively for the transportation of coal from the point at

which such coal is mined to a railhead or tipple where the railhead or tipple is

located at a point not more than fifty (50) air miles from the point at which the coal

is mined;

(8) Motor vehicles used as ambulances in transporting wounded, injured, or sick

animals or as ambulances as defined in KRS 311A.010;

(9) Motor vehicles used by transit authorities as created and defined in KRS Chapter

96A except as required by KRS 96A.170. Vehicles operated under the authority and

direct responsibility of such transit authorities, through contractual agreement, shall

be included within this exemption, without regard to the legal ownership of the

vehicles, but only for such times as they are operated under the authority and

responsibility of the transit authority;

(10) Motor vehicles having a seating capacity of fifteen (15) or fewer passengers and

while transporting persons between their places of residence, on the one hand, and,

on the other, their places of employment, provided the driver himself or herself is

on his way to or from his or her place of employment, and further provided that any

person who operates or controls the operation of vehicles hereunder of which said

person is the owner or lessee, and any spouse of said person and any partnership or

corporation with said person or his or her spouse having an interest therein doing

such, shall be eligible to so operate an aggregate number of not more than one (1)

vehicle on other than a nonprofit basis;

(11) Motor vehicles used to transport cash letters, data processing material, instruments,

or documents, regardless of the ownership of any of said cash letters, data

processing material, instruments, or documents;

(12) Motor vehicles operated by integrated intermodal small package carriers who

provide intermodal-air-and-ground-transportation. For the purposes of this section,

"integrated intermodal small package carrier" shall mean an air carrier holding a

certificate or qualifying as an indirect air carrier that undertakes, by itself or through

a company affiliated through common ownership, to provide intermodal-air-and-

ground-transportation, and "intermodal-air-and-ground-transportation" shall mean

transportation involving the carriage of articles weighing not more than one hundred

fifty (150) pounds by aircraft or other forms of transportation, including by motor

vehicle, wholly within the Commonwealth of Kentucky. The incidental or

occasional use of aircraft in transporting packages or articles shall not constitute an

integrated intermodal operation within the meaning of this section;

(13) Motor vehicles operated pursuant to a grant of funds in furtherance of and governed

by 49 U.S.C. secs. 5310 or 5311, including all amendments, and whose operators

have jurisdictions and services approved annually by the Transportation Cabinet in

accordance with 49 C.F.R. Title VI;

(14) Motor vehicles used to transport children to educational events or conservation

camps run by, or sponsored by, the Department of Fish and Wildlife;

(15) Motor vehicles used to transport children to events or camps run by, or sponsored

by, the Kentucky Sheriffs Association; or

(16) (a) Motor vehicles used in the transportation of persons who are eighteen (18)

years of age or older, if the motor vehicles are owned by a nonprofit

organization or being used on behalf of a nonprofit organization that is

exempt from federal income tax under Section 501(c)(3) of the Internal

Revenue Code.

(b) Motor vehicles owned and operated by a nonprofit organization that are

exempt under this subsection shall be subject to liability insurance coverage as

established by KRS 281.655.

(c) Motor vehicles owned privately but operated on behalf of a nonprofit

organization that are exempt under this subsection shall be subject to liability

insurance coverage as established by KRS 304.39-110.