Apple Valley Property Owners Association

Just courious about neighborhhod's policy on three wheelers,unliscened motor scooters,golf carts,and the riding of these on our sidewalks and our neighborhood streets. All of this when parents aren't home,and if parents are hme,children are riding mortorized vehicles attenden or supervised,and no helmets are usually observed on our neighborhood children.

Three wheelers, motor scooters

Thanks for your question, however I don't know the answer. I've sent your question in an email to James Peden, our Metro Council Representative. He is checking and as soon as he replies with an answer I'll post it here.

By AVPOA

Three wheelers, motor scooters

This info was forwarded to us from James Peden, Metro Councilman

The Jefferson County Attorney?’s office has tried to respond to numerous inquiries from Louisville Metro Police and other municipal police agencies within Jefferson County involving underage drivers, particularly young children and teenagers, riding around residential and other streets on small, motorized upright scooters.

The scooters at issue have two narrow wheels supporting a flat skateboard-like base, on which a person stands upright, steering with two handlebars that control either a gas propelled or electric motor. The scooters are sold in stores and online, and most travel around 15-20 mph. However, because they do not fit within one of the exceptions outlined in 189.010(19)(b), and are not addressed specifically elsewhere, they must be classified as a motor vehicle.

As such, any person who operates one of these motorized scooters appears to be subject to the provisions of KRS 186.410(1) (i.e., governing the requirements for issuance of operators?’ licenses), which requires every person (except those exempt, i.e., farmers using farm equipment and military personnel) to secure an operator?’s license prior to operating a motor vehicle upon a highway. Violation of this statute is a Class B misdemeanor. Moreover, KRS 186.440 denies eligibility for an operator?’s license to individuals under several categories, including those: (1) under the age of sixteen; (2) under the age of eighteen who are ineligible for operator?’s license because they hold a valid permit but have not graduated from high school or are not enrolled in some other state approved schooling; (3) whose operator?’s license has been suspended or revoked, until the expiration period; (4) adjudged incompetent; (5) unable to exercise reasonable and ordinary control over a motor vehicle, as determined by state police; and (6) who cannot understand road signs in English.

However, KRS 186.450(1) states ?“[a] person who is at least sixteen (16) years of age may apply for an instruction permit to operate a motor vehicle.?” To apply, one must do so in the office of the circuit clerk in the county where (s)he lives and, further, must comply with the following: (1) if under eighteen (18), the applicant?’s parent or legal guardian must sign the application (or someone willing to accept responsibility if no living parent or legal guardian exists); and (2) pass an examination pursuant to KRS 186.480 (eyesight, reading ability, etc.).

In conclusion, motorized scooters do not fit a recognized exception, and thus, fall under the classification of a motor vehicle pursuant to KRS 189.010(19(b). As such, Kentucky residents must be at least sixteen (16) years of age and have secured either a valid operator?’s license or instruction permit to operate one on a highway. This includes residential neighborhood streets, even in subdivisions, as well as parking lots. A person operating a motorized scooter with an instruction permit must comply with the following: (1) have a permit in his/her possession; (2) not accumulate more than six points against this driving privilege; and (3) those under eighteen (18) must not operate motorized scooters between 12:00 a.m. and 6:00 a.m., except with a showing of good cause.



By AVPOA

Go carts

After reading the e-mail regarding three-wheelers and motor scooters, the response from councilman Peden seems to only address skateboard type scooters. A larger problem in the back of Apple Valley, i.e. Rambo, Rome Beauty, Jonathan Way, is the use, or misuse, of go-carts on the subdivision roads by underage drivers not wearing helmets, speeding, and not stopping at stop signs or following the rules of the road. Sometimes there are as many as two and three children in one go-cart. There are police officers who live on the streets mentioned above and they have to be aware of the problem. How can we get this problem addressed before one of these children gets hurt or causes someone else to get hurt?

By Concerned for Safety