RELATES TO:
KRS
189.285, 49 C.F.R. Part 571.218
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
189.285(5) requires the
secretary to promulgate administrative regulations establishing minimum
standards for protective headgear and eye-protective devices to be used by
motorcycle operators.
KRS
189.515(4) requires the
secretary to promulgate administrative regulations establishing approved
protective headgear for all-terrain vehicle operators. This administrative
regulation establishes the minimum standards and approved headgear and
eye-protective devices.
Section 1.
Protective Headgear. When a person is required to wear protective headgear
pursuant to
KRS
189.285(3) or
189.515(4),
the protective headgear worn shall meet the standards set forth in Section 2 of
this administrative regulation.
Section
2. Protective Headgear Standards. A protective headgear shall:
(1) Meet the requirements of
49 CFR
571.218; and
(2) Have a permanent and legible label that:
(a) Bears the letters DOT that are one (1) cm
in height;
(b) Appears on the outer
surface of the helmet;
(c)
Contrasts with the helmet color; and
(d) Is placed a minimum of two and
nine-tenths (2.9) centimeters and a maximum of three and five-tenths (3.5)
centimeters from the bottom edge of the posterior of the helmet.
Section 3. Eye
Protective Devices. A person shall not operate a motorcycle on a highway as
defined in
KRS
189.010(3) unless he wears
an eye-protective device which meets the standards set forth in Section 4 of
this administrative regulation.
Section
4. Eye Protection Devices. An eye protection device shall:
(1) Meet the Vehicle Equipment Safety
Commission's Minimum Requirements for Motorcyclists Eye Protection, edition
July 1980; and
(2) Be permanently
and legibly marked on each lens, in a manner that does not interfere with the
vision of the wearer, with:
(a) "VESC-8";
or
(b) If space is limited,
"V-8".
Section
5. Adoption Without Change.
49 CFR
571.218 (October 1, 2000) is adopted without
change. The material may be inspected, copied or obtained, subject to
applicable copyright law, from the Transportation Cabinet, Office of General
Counsel and Legislative Affairs, 501 High Street, Frankfort, Kentucky 40622,
Monday through Friday, 8 a.m. through 4:30 p.m.
Section 6. Incorporated by Reference.
(1) "Minimum Requirements for Motorcyclists'
Eye Protection" July 1980 edition, published by the Vehicle Equipment Safety
Commission.
(2) This material may
be inspected, copied or obtained, subject to applicable copyright law, from the
Transportation Cabinet, Office of General Counsel and Legislative Affairs, 501
High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. through
4:30 p.m.
