Kentucky Statutes 189.090 – Brakes
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(1) No owner shall knowingly operate or permit to be operated on a highway a motor vehicle upon which the brakes are defective.
(2) Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle. There shall be two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If the two (2) separate means are connected in any way, they shall be so constructed that failure of any one (1) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
(3) (a) Except for commercial motor vehicles with a declared gross vehicle weight of more the ten thousand (10,000) pounds, the service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop the vehicle when traveling twenty (20) miles per hour within a distance of forty (40) feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent (1%).
(b) Under the conditions described in subsection (3)(a), the hand brake shall be adequate to stop the vehicle within a distance of fifty-five (55) feet and the hand brake shall be adequate to hold the vehicle stationary on any grade upon which it is operated.
(c) Under the conditions described in subsection (3)(a), the service brakes upon a motor vehicle equipped with two (2)-wheel brakes only shall be adequate to stop the vehicle within a distance of forty (40) feet and the hand brake adequate to stop the vehicle within a distance of fifty-five (55) feet.
(d) All braking distances specified in this section shall apply whether or not the vehicles are loaded to the maximum capacity permitted by law.
(e) All brakes shall be maintained in good working order and shall be so adjusted as to operate with equal effect with respect to the wheels on opposite sides of the vehicle.
(4) A person shall not operate any commercial motor vehicle with a declared gross weight of over ten thousand (10,000) pounds on any highway in this state unless it is equipped with efficient brakes that meet the federal motor carrier safety standards in 49 C.F.R. § part 393 and may be operated by the operator of the vehicle.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 173, sec. 8, effective July 12, 2006. — Amended
1976 Ky. Acts ch. 173, sec. 2. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 2739g-26, 2739g-88.
(2) Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle. There shall be two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If the two (2) separate means are connected in any way, they shall be so constructed that failure of any one (1) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
Terms Used In Kentucky Statutes 189.090
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Motor vehicle: includes all vehicles, as defined in paragraph (a) of this subsection, except:
1. See Kentucky Statutes 189.010 - Motorcycle: means any motor-driven vehicle having a seat or saddle for the use of the operator and designed to travel on not more than three (3) wheels in contact with the ground, but excluding tractors and vehicles on which the operator and passengers ride in an enclosed cab and excluding a moped as defined in this subsection. See Kentucky Statutes 189.285
- Operator: means the person in actual physical control of a vehicle. See Kentucky Statutes 189.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Vehicle: includes :
1. See Kentucky Statutes 189.010
(3) (a) Except for commercial motor vehicles with a declared gross vehicle weight of more the ten thousand (10,000) pounds, the service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop the vehicle when traveling twenty (20) miles per hour within a distance of forty (40) feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent (1%).
(b) Under the conditions described in subsection (3)(a), the hand brake shall be adequate to stop the vehicle within a distance of fifty-five (55) feet and the hand brake shall be adequate to hold the vehicle stationary on any grade upon which it is operated.
(c) Under the conditions described in subsection (3)(a), the service brakes upon a motor vehicle equipped with two (2)-wheel brakes only shall be adequate to stop the vehicle within a distance of forty (40) feet and the hand brake adequate to stop the vehicle within a distance of fifty-five (55) feet.
(d) All braking distances specified in this section shall apply whether or not the vehicles are loaded to the maximum capacity permitted by law.
(e) All brakes shall be maintained in good working order and shall be so adjusted as to operate with equal effect with respect to the wheels on opposite sides of the vehicle.
(4) A person shall not operate any commercial motor vehicle with a declared gross weight of over ten thousand (10,000) pounds on any highway in this state unless it is equipped with efficient brakes that meet the federal motor carrier safety standards in 49 C.F.R. § part 393 and may be operated by the operator of the vehicle.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 173, sec. 8, effective July 12, 2006. — Amended
1976 Ky. Acts ch. 173, sec. 2. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 2739g-26, 2739g-88.