Request By:
Hon. Kenneth E. Dillingham
Todd County Attorney
McReynolds Drive - Allen Street
Post Office Box 816
Elkton, Kentucky 42220
Opinion
Opinion By: Steven L. Beshear, Attorney General; Joe Johnson, Assistant Attorney General
In your letter to this office dated April 13, 1982, you set forth the following facts:
Todd County has a small religious group commonly called Mennonites. Their sincere religious practices are such that they do not believe in operating automobiles for transportation of themselves or their property from one destination to another. They utilize either horse drawn buggies or farm type tractors as their only transportation to and from their destinations, including the use of farm type tractors to pull commercial loads. They often will utilize their farm type tractors to pull commercial loads on wagons and the load that they carry will be larger than that permitted under the law for trucks.
You then ask the following questions:
(1) Does the farm type tractor, which is primarily used for farm work and secondarily used for commercial use pulling trailers, have to be licensed as a motor vehicle or a motor carrier?
(2) Does the trailer pulled under the same conditions need to be licensed?
(3) Is there a requirement that these farm type tractors and wagons comply with the overwidth or overlength requirements of the Kentucky Revised Statutes, or any other regulation as set forth by the Department of Transportation?
(1) The answer is no. KRS 186.020(1) requires the registration of motor vehicles before the owner may operate or permit its operation upon the state's public highways. KRS 186.010(8)(a) defines "vehicle" as including "all agencies for the transportation of persons or property over or upon the public highways of this Commonwealth and all vehicles passing over or upon said highways, excepting . . . farm tractors. . . ."
Because the definition of "vehicles" specifically excludes farm tractors, they need not be licensed in order to be driven on Kentucky's public highways.
(2) The answer is no. KRS 186.675 which pertains to the annual registration of trailers and semi-trailers states that the statutes requiring such registration "shall not apply to privately owned and operated trailers used for the transportation of . . . farm products, farm supplies or farm equipment."
(3) The answer is no. KRS 189.221 provides for height, width, length and weight limitations for trailers. KRS 189.010(16) defines "trailer" as "any vehicle designed to be drawn by a motor truck or truck-tractor. . . ." Obviously, this definition does not apply to wagons pulled by farm tractors but only to trailers pulled by trucks. Of course, it is highly unlikely that the typical farm type wagon would even come close to the width and length limitations found in KRS 189.221(1) since this statute prohibits trailers exceeding eleven and one-half (11 1/2) feet in height and ninety-six (96) inches in width.