189.450 Stopping, standing, parking, or repairing vehicle on roadway or shoulders of highway. - Kentucky Statutes

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Page 1 of 2 189.450 Stopping, standing, parking, or repairing vehicle on roadway or shoulders of highway. (1) No person shall stop a vehicle, leave it standing, or cause it to stop or to be left standing upon any portion of the roadway; provided, however, that this section shall
not be construed to prevent parking in front of a private residence off the roadway
or street in a city or suburban area where such parking is otherwise permitted, as
long as the vehicle so parked does not impede the flow of traffic. This subsection
shall not apply to:
(a) A vehicle that has been disabled on the right-of-way of such a highway in such a manner and to such extent that it is impossible to avoid the occupation
of the shoulder of a state-maintained highway or impracticable to remove it
from the shoulder of the highway until repairs have been made or sufficient
help obtained for its removal. In no event shall a disabled vehicle remain on
the shoulder of a state-maintained highway for twenty-four (24) hours or
more; (b) Motor vehicles when required to stop in obedience to the provisions of any section of the Kentucky Revised Statutes or any traffic ordinance, regulation,
or sign or the command of any peace officer; (c) Vehicles operating as common carriers of passengers for hire and school buses taking passengers on such vehicle or discharging passengers therefrom;
provided, that no such vehicle shall stop for such purposes at a place on the
highway which does not afford reasonable visibility to approaching motor
vehicles from both directions; or (d) Any vehicle required to stop by reason of an obstruction to its progress. (2) When any police officer finds a vehicle standing upon such a highway in violation of this section, he may move or cause to be moved the vehicle or require the
operator or other person in charge of the vehicle to move it. The police officer may
cause the vehicle to be removed by ordering any person engaged in the business of
storing or towing motor vehicles to remove the vehicle to a site chosen by such
person. Ownership of the vehicle shall be determined by the police officer's
enforcement agency through the vehicle's license plates, serial number, or other
means of determining ownership. As soon as practicable, the police officer's
enforcement agency shall notify the owner by mail that the vehicle was illegally
upon public property; the name and address of the storage facility where the vehicle
is located; that removal of the vehicle from the storage facility will involve payment
of towing and storage charges; and that the vehicle may be sold pursuant to the
provisions of KRS 376.275 if not claimed within sixty (60) days. No notification
shall be required if ownership cannot be determined. In the event of a sale pursuant
to KRS 376.275, the state shall receive any proceeds after the satisfaction of all
liens placed on the vehicle. (3) No vehicle shall be parked, stopped, or allowed to stand on the shoulders of any toll road, interstate highway, or other fully controlled access highway, including ramps
thereto, nor shall any vehicle registered at a gross weight of over forty-four
thousand (44,000) pounds be parked, stopped, or allowed to stand on the shoulders Page 2 of 2 of any state-maintained highway, except that, in the case of emergency or in
response to a peace officer's signal, vehicles shall be permitted to stop on the
shoulders to the right of the traveled way with all wheels and projecting parts of the
vehicles, including the load, completely clear of the traveled way. Parking of any
vehicle which is disabled on the shoulders of a toll road, interstate highway, other
fully controlled access highway, including ramps thereto, or any state-maintained
highway not mentioned in this section for twenty-four (24) hours continuously is
prohibited and vehicles violating this provision may be towed away at the cost of
the owner. (4) When any police officer finds a vehicle unattended upon any bridge or causeway or in a tunnel where the vehicle constitutes an obstruction to traffic, the officer may
provide for the removal of the vehicle to the nearest garage or other place of safety
as provided in subsection (2) of this section. (5) No person shall stop or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control
device, in the following places:
(a) On a sidewalk;
(b) In front of sidewalk ramps provided for persons with disabilities;
(c) In front of a public or private driveway;
(d) Within an intersection or on a crosswalk;
(e) At any place where official signs prohibit stopping or parking;
(f) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway; (g) On any controlled access highway;
(h) Within a highway tunnel;
(i) Within fifteen (15) feet of a fire hydrant; or
(j) In an area between the roadways of a divided highway. (6) No person shall move a vehicle not lawfully under his control into any such prohibited area. (7) The restrictions in subsection (5)(e) of this section shall not apply to sheriffs and their deputies or police officers when operating properly identified vehicles during
performance of their official duties. Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 173, sec. 19, effective July 12, 2006. -- Amended 1994 Ky. Acts ch. 405, sec. 39, effective July 15, 1994. -- Amended 1988 Ky. Acts
ch. 80, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 322, sec. 1,
effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 318, sec. 1, effective July 15,
1982. -- Amended 1980 Ky. Acts ch. 163, sec. 1, effective July 15, 1980. -- Amended
1974 Ky. Acts ch. 405, sec. 1. -- Amended 1970 Ky. Acts ch. 93, sec. 11. --
Amended 1964 Ky. Acts ch. 25, sec. 1. -- Amended 1962 Ky. Acts ch. 288, sec. 2. --
Amended 1954 Ky. Acts ch. 235, sec. 1. -- Amended 1952 Ky. Acts ch. 206, sec. 3. -
- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 2739g-48.