Request By:
Mr. Nolen W. Freeman
Chief of Police
Lexington-Fayette Urban County Government
Department of Public Safety
1409 Forbes Road
Lexington, Kentucky 40505
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
House Bill 618 was enacted in the regular session of the Legislature in 1978 [Chapter 173, p. 553, 1978 Acts].
Section 1(1)(a) provides that "The legislative body of urban-county governments may appoint as needed safety officers. Safety officers shall have such duties as prescribed by ordinance, which may include but not be limited to:
"(a) Issuance of citations for violation of motor vehicle offenses as provided for in KRS chapters 186 and 189, provided that safety officers shall not have the authority to issue citations for moving violations." (Emphasis added).
The Lexington-Fayette Urban County Division of Police requests clarification of what exactly constitutes a "moving motor vehicle violation."
House Bill 618 does not define the term "moving motor vehicle violation." We also find that KRS Chapters 186 and 189 do not define that term.
When a statute defines words used therein, the court construing the statute must look to the legislative definition rather than the dictionary or common usage. George Wohrley Inc. v. Com., Dept. of Revenue, Ky., 495 S.W.2d 173 (1973) 174. However, in the absence of statutory definition, as is the case here, we must inevitably turn to consider common usage or dictionary definition. Under KRS 446.080(4) all words and phrases shall be construed according to the common and approved usage of language, assuming that the words and phrases are not technical words and phrases and have not acquired a peculiar and appropriate meaning in the law.
It is our opinion that under common usage of language the term "moving violation" as mentioned in H.B. 618 refers specifically to motor vehicle violations contained in KRS Chapters 186 and 189 which involve a motor vehicle that is moving or is in motion. There is nothing in H.B. 618 indicating a contrary sense. Therefore, we believe the usual and ordinary meaning of the words should be attributed to them. Green v. Moore, 281 Ky. 305, 135 S.W.2d 682 (1940) 683.
To underscore our analysis, we note that the word "moving", as defined in Webster's New Collegiate Dictionary, published in 1975, means "marked by or capable of movement." Another meaning given is "producing or transferring motion or action." Thus if the safety officer mentioned in H.B. 618 is confronted with a motor vehicle offense described in KRS Chapters 186 and 189 and the motor vehicle is in motion or is actually moving, then such safety officerwould not have the authority to issue a citation for violation of the particular motor vehicle offense. If such motor vehicle, at the time of observation by the safety officer, is not in motion and is at rest, then the safety officer may issue a citation.