Martin County Sheriff's Office

ATV Law Information

189.515 Restrictions on operation of all-terrain vehicles.
(1) Except for vehicles authorized to operate on a public highway as of July 15, 1998, and except as provided in subsection (6) of this section, a person shall not operate an all-terrain vehicle upon any public highway or roadway or upon the right-of-way of any public highway or roadway.
(2) A person shall not operate an all-terrain vehicle on private property without the consent of the landowner, tenant, or individual responsible for the property.
(3) A person shall not operate an all-terrain vehicle on public property unless the governmental agency responsible for the property has approved the use of all-terrain vehicles.
(4) Except for vehicles authorized to operate on a public highway, a person operating an all-terrain vehicle on public property shall wear approved protective headgear, in the manner prescribed by the secretary of the Transportation Cabinet, at all times that the vehicle is in motion. The approved headgear requirement shall not apply when the operator of any all-terrain vehicle is engaged in:
(a) Farm or agriculture related activities;
(b) Mining or mining exploration activities;
(c) Logging activities;
(d) Any other business, commercial, or industrial activity; or
(e) Use of that vehicle on private property.
(5) (a) A person under the age of sixteen (16) years shall not operate an all-terrain vehicle with an engine size exceeding ninety (90) cubic centimeters displacement, and a person under the age of sixteen (16) years shall not operate an all-terrain vehicle except under direct parental supervision. (b) A person under the age of twelve (12) years shall not operate an all-terrain vehicle with an engine size exceeding seventy (70) cubic centimeters displacement.
(6) (a) A person may operate an all-terrain vehicle on any two (2) lane public highway in order to cross the highway. In crossing the highway under this paragraph, the operator shall cross the highway at as close to a ninety (90) degree angle as is practical and safe, and shall not travel on the highway for more than two-tenths (2/10) of a mile. (b) A person may operate an all-terrain vehicle on any two (2) lane public highway, if the operator is engaged in farm or agricultural related activities, construction, road maintenance, or snow removal. (c) The Transportation Cabinet may designate, and a city or county government
may designate, those public highways, segments of public highways, and adjoining rights-of-way of public highways under its jurisdiction where all terrain vehicles that are prohibited may be operated. (d) A person operating an all-terrain vehicle on a public highway under this subsection shall possess a valid operator's license. (e) A person operating an all-terrain vehicle on a public highway under this subsection shall comply with all applicable traffic regulations. (f) A person shall not operate an all-terrain vehicle under this subsection unless the all-terrain vehicle has at least one (1) headlight and two (2) taillights, which shall be illuminated at all times the vehicle is in operation. (g) A person operating an all-terrain vehicle under this subsection shall restrict the operation to daylight hours, except when engaged in snow removal or emergency road maintenance.
Effective: July 14, 2000. History: Amended 2000 Ky. Acts ch. 460, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 47, sec. 2, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 400, sec. 2, effective July 13, 1990.

* Tip #1: Pull over promptly. That means all the way to the right – and stop. Don’t drive a half-mile while you ponder if the officer is really signaling you. If you’re not the offender, you can go on your way; if you are, you’ve at least started out on the right foot. And always remember to use your turn indicators if you must cross lanes of traffic while pulling over. If you are familiar with the area and know of a well let parking lot or friend or family member’s driveway, you may slow down and pull over at that location as long as it is within a reasonable distance.

* Tip #2: Reassure the officer. Keep your hands in sight (preferably on the steering wheel) as the officer approaches. If it’s dark or stormy, turn on your dome light. Roll your window down, especially if you have tinted glass. DO NOT exit your vehicle to approach the Officer! Wait for the Officer to approach you. If then you are asked to exit the vehicle by the Officer, do so safely with regard to traffic and terrain.

* Tip #3: Hand over your documents. Officers are looking for the Big Three: Operators license, registration and proof of insurance. Don’t make the officer sort through a loose bundle or an envelope full of oil-change receipts. Although experts used to recommend keeping your registration and insurance card attached to one another in your glove box, it’s smarter these days to keep your registration in your wallet – with your license – in case your car is stolen. When it comes to showing your license, take it out of your wallet instead of leaving it under the plastic cover. Never hand a police officer your wallet, as it has potential to create more problems. As the Officer is approaching your vehicle, wait for him to ask for your documents. You shouldn’t be rifling through the glove compartment, reaching behind you (for your wallet) or between the seats or in the console as he approaches.

* Tip #4: Be respectful. Answer the police officer’s questions politely. If you’re wondering why the officer wants to know if you wear contacts, it’s not personal: It’s that "corrective lenses" box that you checked at the license agency last year. Officers are obligated to make sure you’re operating your vehicle under the conditions your license requires.

* Tip #5: Save your arguments for court. Sure, you can offer clarifications if they’re relevant. For instance, if you’re a doctor on the way to an emergency at the hospital, you could tell the officer. But engaging in a dispute over the "rolling stop" or challenging the calibration of the radar gun won’t score any points, and it won’t stop the officer from issuing a citation. You should also avoid the really lame excuses: ignorance of the law, or the fact that everyone else was driving 85. The officer saw you breaking a law that’s on the books. His job is to enforce that law and to investigate any infractions his attentions is directed to.   

* Tip #6: If you have a firearm in the vehicle, tell the Officer where it is after he approaches your vehicle. DO NOT reach for it! The Officer will instruct you as to how he wants to handle this situation. If you have a permit to carry a concealed weapon, have it readily available with your operator’s license.

 

Remember: Officers may issue warnings for minor violations of law. Your demeanor during the stop can help determine whether the Officer feels a warning will correct the infraction or if it takes a trip to court!

Of course, the best way to avoid getting pulled over is to follow the rules for traffic safety. But if you’re pulled over for a traffic stop, make your experience is as smooth as possible by following these tips.

<b>Examples of Personal Identifiers:</b>

* social security number

* driver’s license number

* checking account number 

* savings account number

* credit card number

* debit card number

* electronic identification number 

* digital signatures

* birth certificate

* mother’s maiden name

* armed forces identification number

* home address / home telephone number


<b>Methods of identity theft:</b>

* thefts of purses or wallets

* theft of mail

* shoulder surfing

* dumpster diving

* computer intrusions

* email or telephone scams

* theft of documents/business records 

* use of skimmers

* use of atm traps

* tampered POS terminals

* phishing

* necrolarceny


<b>Protect yourself:</b>

·         Keep only the items that you absolutely need in your purse or wallet. Do not carry your SSN or any credit or debit cards unnecessarily.

·         Drop your outgoing mail in a secured post office receptacle, and if you use a private mailbox, check your incoming mail as soon as is practicable after the mail has been delivered. If you will be away from home for an extended period, ask the post office to hold your mail until your return.

  • When using an ATM, punching in your PIN at a checkout counter, or using a calling card at a phone booth, use your body to shield the keypad in order to prevent shoulder surfers from viewing your personal identifying numbers.

 

  • Shred your mail before you discard it. To significantly reduce the amount of unsolicited pre-approved credit card offers, call 1-888-5-OPTOUT (1-888-567-8688). The three major credit bureaus use the same number to allow consumers to choose not to receive pre-screened credit offers. You can also notify the three major credit bureaus that you do not want your personal information shared for promotional purposes by writing to:

Equifax, Inc., Options, PO Box 740123, Atlanta, GA. 30374-0123

Experian, Consumer Opt-Out, 701 Experian Parkway, Allen, TX. 75013

TransUnion, Marketing List Opt Out, PO Box 97328, Jackson, MS. 39288-7328

Additionally, you may opt out of receiving direct mail marketing from many national companies for five years by writing to Direct Marketing Association, Mail Preference Service, PO Box 643, Carmel, NY. 10512.

  • Update your computer’s virus protection software regularly. Don’t download files from strangers or click on hyperlinks from people you don’t know. Use a firewall and a secure browser (software that encrypts or scrambles information you send over the internet). Try not to store financial information on your laptop unless absolutely necessary. If you must, use a strong password, a combination of numbers and upper and lower case letters. Avoid using an automatic log-in feature that saves your user name and password. Delete any personal information stored on your computer before you dispose of it by using a “wipe” utility program to overwrite the entire hard drive and make your files unrecoverable. Read website privacy policies.

 

·         Know that legitimate businesses do not contact consumers by telephone or email to request personal information. To be safe, assume that any business that asks you to provide personal information via telephone or email is attempting to perpetrate a fraud. You may contact the National Do Not Call

Registry to reduce telemarketing calls at home by visiting www.donotcall.gov or by calling 1-888-382-1222 from the phone you wish to register. You may also opt out of receiving unsolicited email by completing the Direct Marketing Association’s online form at www.dmaconsumers.org/offemaillist.html

·         Your employer and some private businesses, such as doctor’s offices, banks, or finance companies, may request your SSN for wage and reporting purposes, credit checks, or for general record keeping. Before you provide this information, ask these questions: Why do you need it? How will it be used?  How will you protect it from being stolen?  What will happen if I don’t provide it to you? After receiving satisfactory answers, you can make an informed decision as to whether or not you should provide the requested information.

·         Be ever vigilant when using your credit or debit cards in stores or restaurants. Keep a close eye on the device through which your card is passed and alert the store manager and police should you observe any employee run your card through two scanning devices. The first is necessary. The second is storing the information contained within the magnetic strip on your card for later decryption and use.

·         If an ATM machine does not accept your card after your first attempt, do not try again. If possible, notify the bank or go to another ATM machine. If your card becomes trapped inside an ATM machine, immediately notify the bank and/or call the toll-free customer service number to have your card cancelled. An identity thief may have installed an ATM trap to collect your card for later use.

·         Some identity thieves modify point of sale terminals to store the information contained on the magnetic strip of your debit or credit cards. It is nearly impossible for a consumer to know whether or not this is the case. Diligently monitor your account statements. If your bank or credit statements do not arrive on time, contact the statement issuer to ensure that your statements have not been rerouted to an alternate address as determined by the identity thief.

·         Phishing scams involve the mimicking of legitimate business websites to convince consumers to release their personal information. The phishers inform you that you need to update or validate your account information, or they may claim that there is a problem with your account that you must resolve. Do not divulge any of your personal information, and do not click on any links included in the body of any message asking for your personal information.

The dead are not immune to identity theft. In addition to providing the name and age of the deceased, most obituaries also provide the deceased’s date of birth, places of birth and death, parents’ names, including the mother’s maiden name, names of children, including the married names of daughters. Closing our dearly departed relative’s financial accounts is not usually very high on our list of things to do, so the identity thief has time to do a tremendous amount of damage, both to the account of the dead and to the relatives of the dead. You should consider limiting the amount of information posted in obituaries.

<b>If you are victimized:</b>

  • Place a fraud alert on your credit reports and review your reports carefully.

Call Equifax at 1-800-525-6285 and write PO Box 740241, Atlanta, GA. 30374-0241

Call Experian at 1-888-397-9742 and write PO Box 9532, Allen, TX. 75013

Call TransUnion at 1-800-680-7289 and write Fraud Victim Assistance Division, PO Box 6790, Fullerton, CA. 92834-6790

  • Close any accounts that have been tampered with or opened fraudulently.

Refer to the attached ID Theft affidavit or ask the company to send you their fraud dispute form.

No federal laws limit your losses if your checks are stolen and your signature forged, but state laws may protect you. Most states hold banks responsible for losses sustained from forged checks, but the account holder is required to take reasonable care of her account. You must notify the bank in a timely manner that your checks were lost or stolen. To do so, contact your bank, and call these major check verification companies:

TeleCheck 1-800-710-9898

Certegy, Inc. 1-800-437-5120

International Check Services 1-800-631-9656

You may also call SCAN at 1-800-262-7771 to learn if the identity thief has been passing bad checks in your name.

 

File a report with your local law enforcement agency

  • File a complaint with the Federal Trade Commission

 www.consumer.gov/idtheft or call 1-877-IDTHEFT


Tips on Organizing Your Case:

·         Collect pertinent documentation, including debt collection letters, credit reports, notarized ID Theft affidavit, and any other evidence of fraudulent activity.

·         Follow up in writing with all contacts you’ve made on the phone or in person. Use certified mail, return receipt requested.

·         Keep copies of all correspondence or forms you send.

·          Write down the names of anyone you speak with, what you were told, and the date the conversation occurred.

·          Keep the originals of supporting documentation, like police reports, letters to and from creditors; send copies only.

·          Set up a filing system for easy access to your paperwork.

·          Keep old files even if you believe your case is closed.