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No insurance on a moped

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Pennyaw, Jul 17, 2017.

  1. Pennyaw

    Pennyaw Law Topic Starter New Member

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    Jurisdiction:
    Kentucky
    I got a ticket for no insurance on a 49cc moped, it didn't have to be registered and most people don't have it has the law changed?

    Di you have to have insurance on a 49cc moped
     
  2. army judge

    army judge Super Moderator

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    Keep all discussion on this topic in this thread, thank you!!!


    Proceed at your peril....

    It is always better to ask your local police agency or county sheriff.

    Insurance is NOT required according to the City Of Lexington information.....

    There are also age specific guidelines.

    All things "moped" in KY:

    Mopeds, go carts, and scooters
     
  3. Pennyaw

    Pennyaw Law Topic Starter New Member

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    I live in Louisville and was told that if they decided they want me to have insurance then they can change it to suite them most people I know don't have it as a matter of fact I'm the first person I know of that has been given a ticket

    I was driving another person's car with them in the car when pulled over I was given a ticket for no insurance shouldn't the owner have gotten the ticket being they were in the car I was told they had insurance but they didnt
     
  4. army judge

    army judge Super Moderator

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    Ask a Louisville lawyer, the police, or county sheriff.

    You were driving an uninsured car.

    If you had insurance, your insurance would cover you.

    Don't drive a car unless you're insured, or you check the owner's PROOF that she or he is insured.

    The ticket is yours, not the owner's, as she/he wasn't OPERATING the car!!!

    You can contest it in court.
    ====================================
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    drive.ky.gov | Mandatory Insurance
    ====================================
    ====================================
    An owner may not operate a vehicle in Kentucky until insurance has been obtained. An owner who fails to maintain insurance on his vehicle shall have his vehicle registration revoked according to statute. In addition, the vehicle owner as well as the vehicle driver are subject to a fine of $500.00 to $1,000.00, up to 90 days in jail, or both. All owners of motor vehicles in Kentucky are required to carry minimum liability coverage. This means liability coverage of $25,000.00 for all claims for bodily injury damages sustained by any one person and not less than $50,000.00 for all bodily injury damages sustained by all persons as a result of any one accident, as well as $10,000.00 for all property damage as a result of any one accident. Alternatively, a policy with a single limit of $60,000.00 is acceptable. In addition, the policy must provide basic reparations benefits, unless the insured vehicle is a motorcycle.
    ====================================
    ====================================
    Moped licensing:
    drive.ky.gov | Motorcycles & Mopeds
    ====================================
    ====================================

    ====================================
    ====================================
     
  5. adjusterjack

    adjusterjack Super Moderator

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    What is the statute number shown on that citation?

    What is the statute number shown on that citation?
     
  6. mightymoose

    mightymoose Moderator

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    I just made a quick look, but it seems to me registration and insurance IS required in Kentucky.
    You were the driver and received the citation, but there may also be state statutes that make the owner responsible for this sort of violation.
    You'll have to investigate.
     
  7. zddoodah

    zddoodah Well-Known Member

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    The ticket should contain a citation to a statute (looking something like this: "KRS 187.xxx" or simply "187.xxx"). What statute is cited? Or maybe it's a local ordinance?

    That's apparently correct. However, one must have a permit to ride a moped in Kentucky (a regular or motorcycle driver's license will suffice).

    How many people did you survey to determine that "most people don't have" insurance on mopeds?

    Has what law changed?

    For starters, if it had more than 50cc, it wouldn't be a moped (as defined by KRS 189.285(6)(b)). According to this, mopeds are exempt from insurance requirements, but I could not find a citation to the actual law that says this.

    Told by whom? Who are "they"/"them"?

    No.
     
  8. Pennyaw

    Pennyaw Law Topic Starter New Member

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    Figures I have the best if luck, live and learn, I've been driving 35+ years without tickets now I have 2 probably the worst ones
     
  9. army judge

    army judge Super Moderator

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    You can ask for online traffic school to help you get rid of one, maybe.
     
  10. Pennyaw

    Pennyaw Law Topic Starter New Member

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    It is 304.39-080
     
  11. zddoodah

    zddoodah Well-Known Member

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    Chapter 304 is the Kentucky Insurance Code, and subtitle 39 is the Motor Vehicle Reparations Act. Section 304.39-080 (specifically sub-section (5)) is the basic requirement for auto insurance. The law applies to "every owner or operator of a motor vehicle registered in this Commonwealth or operated in this Commonwealth." The term "motor vehicle" is defined in section 304.39-020(7) expressly excluding mopeds (the definition of which is contained in sub-section (8)).

    Good luck.
     
  12. mightymoose

    mightymoose Moderator

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    So out of curiosity I looked deeper on this.
    Apparently mopeds are not considered motor vehicles, and registration/insurance is only required for motor vehicles.

    A moped is clearly defined in the state code. If yours meets all of the requirements then it is not a motor vehicle. If it does not meet all of the requirements it might be considered a motorcycle, which is a motor vehicle and requires registration/insurance. The capacity of the motor is only one element.

    Per KRS 189.285(6)(b) a "Moped" is either a motorized bicycle whose frame design may include one or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or a motorized bicycle with a step-through type frame which may or may not have pedals [and] rated no more than two brake horsepower, [and] a cylinder capacity not exceeding fifty (50) cubic centimeters, [and] an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, [and] capable of a maximum speed of not more than thirty (30) miles per hour.

    If your vehicle is a moped by the above definition you should be able to easily defeat the citation by asserting that it is not a motor vehicle and exempt from motor vehicle requirements.
    You might also have some luck if you contact the administration of the issuing agency and make a complaint. If you can show their officer clearly made an error you could get the citation pulled before it ever gets processed, which means you won't have to waste your day in court.
     
    Last edited: Jul 18, 2017
  13. Pennyaw

    Pennyaw Law Topic Starter New Member

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    Thank you
     
  14. army judge

    army judge Super Moderator

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    What police agency issued this alleged citation?

    Was the contact between you and LEO civil, or was it contentious?

    Were you with someone who ended up being arrested for a more serious offense?

    Sumting wong ----


    KRS 304.39-080 seems to have nothing to do with traffic citations.

    KRS 304.39-080 (link below) is a creature of KY insurance laws pertaining to motor vehicles.

    http://www.lrc.ky.gov/statutes/statute.aspx?id=30032


    Kentucky traffic laws are codifed under chapter 189:

    Link here: Kentucky Revised Statutes - Chapter 189


    Sumting wong hewe.

    Have you asked the court clerk about this citation?

    Have you looked it up on the court website for Louisville - here - :

    Criminal/Traffic Division Call Center


    Call Center

    Phone: 502-595-3060

    Hours: Monday - Friday, 7:30 a.m. - 11:30 p.m.

    The Call Center provides information about District Court traffic, misdemeanor and felony cases, including court dates, court locations, bond information, fines and court costs. Payments can be made 24 hours a day by calling 866-396-1751. Citation and/or case number is required for phone payments.
     
  15. Pennyaw

    Pennyaw Law Topic Starter New Member

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    It was shovel police and yes it was civil, but there is a little more to it, I was on a side street speed limit 25mph and the moped I was on was fairly old and the brakes went out there was another driver that was pulling in a parking spot or out I'm unsure of that part anyway I could not stop and hit the back side of her car on drivers side, it put a pretty good dent in her car she was pissed, I did hit her, no alcohol, or drugs, just an accident no one went to jail, I'm the only person that was hurt but not enough to go to hospital I just don't want a no insurance on my record if I wasn't break-in the law
     
  16. Pennyaw

    Pennyaw Law Topic Starter New Member

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    Shively police department
     
  17. army judge

    army judge Super Moderator

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    This is the link to the city's government.

    It could be useful to contact the Chief of Police and ask him about your citations.

    City of Shively, KY Official Web Site
     
  18. mightymoose

    mightymoose Moderator

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    Regardless of the accident, if it's not a motor vehicle and didn't require insurance then you should not have been cited.
    Chances are the officer really didn't know the distinction and erred.
    You may have some luck if you present this error to the chief and ask that it be remedied before having to go to court.
     

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