Request By:
Mr. William G. Mullins
Legal Counsel
Kentucky State Police
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General on the matter of snowmobiles. Your question is as to what application, if any, the statutes pertaining to motor vehicles have to snowmobiles.
We understand that a snowmobile is a motor driven vehicle which rides on skis propelled by a caterpillar type belt; it is designed only to operate on snow.
It is our opinion that a snowmobile is not a motor vehicle under the definition found in KRS 186.010(4), 7(a) and 7(b). It is also our opinion that it is not a motorcycle as defined by KRS 189.285(4).
There is no Kentucky statute defining or applying to a snowmobile.
Since we conclude that it is not a motor vehicle or a motorcycle, there is no provision in the statutes for the registering of a snowmobile.
We believe that the provisions of KRS 189.860, dealing with off-road vehicles, applies to snowmobiles. Subsection (2) of said statute reads as follows:
"No person shall operate an off-road vehicle on any private or public property without the consent of the land owner, tenant, or governmental agency responsible for the property."
In the light of our foregoing conclusions, we believe that a snowmobile is not permitted to operate on a public highway in Kentucky.