HB 189

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  CHAPTER 32
  ( HB 189 )
      AN ACT relating to pedestrians.
      WHEREAS, the presence of individuals remaining physically stationary in narrow medians, highway
shoulders, and exit ramps presents a significant safety risk to both pedestrians and motorists; and
        WHEREAS, at the present time, Kentucky lacks a clear statewide standard in the law for this behavior, and
law enforcement agencies have reported an increase in dangerous pedestrian presence in non-pedestrian portions of
the state-maintained right-of-way; and
      WHEREAS, the General Assembly wishes to promote roadway safety by restricting stationary pedestrian
behavior in rights-of-way that are not designed or designated for pedestrian use, while allowing local governments, in
coordination with the Kentucky Transportation Cabinet, to authorize limited exceptions through objective and safety-
based permitting;
      NOW, THEREFORE,
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
      SECTION 1. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO READ AS FOLLOWS:
(1)   As used in this section:
      (a)    "Local government" means any city, county, consolidated local government, urban-county
  government, charter county government, or unified local government; and
      (b)    "State-maintained right-of-way" means any land, property, or infrastructure under the jurisdiction
  or maintenance of the Kentucky Transportation Cabinet that is used by the public for transportation
  purposes, including but not limited to travel lanes, paved and unpaved shoulders, medians, entrance
  and exit ramps, and adjacent grassy or drainage areas not designated for pedestrian use.
(2)   Except as provided in subsection (3) or (4) of this section, a person shall not sit, kneel, recline, stand, or
      remain physically stationary in any portion of a state-maintained right-of-way that is not designated for
      pedestrian use.
(3)   Subsection (2) of this section shall not apply to:
      (a)    Individuals experiencing a medical emergency;
      (b)    Individuals involved in a vehicle-related emergency, provided they remain in the immediate area of
  the vehicle;
      (c)    Emergency personnel or public utility workers performing their official duties; or
      (d)    Persons located within a pedestrian-designated area such as a sidewalk, marked crosswalk, or transit
  stop.
(4)   A local government may by ordinance authorize limited exceptions to subsection (2) of this section if:
      (a)    The ordinance:
  1.     Establishes a clear process by which a person may request and receive authorization by the
  local government to act in accordance with any adopted exception;
  2.     Applies uniformly; and
  3.     Is based solely on objective criteria that is ministerially applied;
      (b)    Authorization granted by the local government to any person is limited in duration and scope;
      (c)    The local government maintains records of each authorization provided under this subsection that
  includes a statement of justification for its issuance; and
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2  ACTS OF THE GENERAL ASSEMBLY
       (d)    Any ordinance adopted under this subsection, and any authorization granted pursuant thereto,
  comply with this section and any administrative regulations promulgated by the Transportation
  Cabinet.
(5)    The Transportation Cabinet may promulgate administrative regulations in accordance with KRS Chapter
       13A to define minimum pedestrian safety standards for state-maintained rights-of-way.
       Section 2. KRS 189.570 is amended to read as follows:
(1)    Pedestrians shall obey the instruction of any official traffic control devices specifically applicable to them,
       unless otherwise directed by a police officer or other officially designated persons.
(2)    Pedestrians shall be subject to traffic and pedestrian control signals as provided in KRS 189.231 and 189.338.
(3)    At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in
       this chapter.
(4)    When traffic control signals are not in place or in operation the operator of a vehicle shall yield the right-of-
       way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway upon which the
       vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as
       to be in danger.
(5)    Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection, to
       permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear shall not
       overtake and pass the stopped vehicle.
(6)    (a)    Every pedestrian crossing a roadway at a point other than within a marked crosswalk or within an
  unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
       (b)    Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing
  has been provided shall yield the right-of-way to all vehicles upon the roadway.
       (c)    Between adjacent intersections within the city limits of every city at which traffic control signals are in
  operation, pedestrians shall not cross at any place except in a marked crosswalk.
       (d)    Notwithstanding other provisions of this subsection or the provisions of any local ordinance, every
  operator of a vehicle shall exercise due care to avoid colliding with any pedestrian and shall give
  warning by sounding the horn when necessary and shall exercise proper precaution upon observing a
  child or an obviously confused or incapacitated person upon a roadway.
(7)    The operator of a[No] vehicle shall not drive[at any time be driven] through or within a safety zone.
(8)    The operator of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.
(9)    A[No] pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a
       vehicle which is so close as to constitute an immediate hazard.
(10)   A[No] pedestrian shall not cross a roadway intersection diagonally unless authorized by official traffic control
       devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official
       traffic control devices pertaining to such crossing movements.
(11)   Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(12)   Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along
       and upon an adjacent roadway.
(13)   Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a
       shoulder, as far as practicable from the edge of the roadway.
(14)   Where neither a sidewalk nor a shoulder is available, any pedestrian walking on or along a highway shall walk
       as near as practicable to an outside edge of the roadway, and, if on a two-way roadway shall walk only on the
       left side of the roadway.
(15)   Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right-of-way to all
       vehicles upon the roadway.
(16)   A pedestrian who is under the influence of alcohol or any kind of drug to a degree which renders himself or
       herself a hazard shall not walk or be upon a highway except on a sidewalk.
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(17)   A[No] pedestrian shall not enter or remain upon any bridge or approach thereto beyond the bridge signal, gate,
       or barrier, after a bridge operation signal indication has been given.
(18)   A[No] pedestrian shall not pass through, around, over, or under any crossing gate or barrier at a railroad grade
       crossing or bridge while such gate or barrier is closed or is being opened or closed.
(19)   A[No] person shall not stand in a roadway for the purpose of soliciting a ride.
(20)   A[No] person shall not stand on a roadway for the purpose of soliciting employment or business from the
       occupant of any vehicle.
(21)   A[No] person shall not stand on a highway for the purpose of soliciting contributions unless such soliciting is
       designated by the presence of a traffic control device or warning signal or an emergency vehicle or public
       safety vehicle as defined in KRS 189.910 making use of the flashing, rotating or oscillating red, blue, or
       yellow lights on such devices or vehicles.
(22)   A[No] person shall not stand on or in proximity to a street or highway for the purpose of soliciting the
       watching or guarding of any vehicle while parked or about to be parked on a street or highway.
(23)   A person shall not occupy any portion of a state-maintained right-of-way in violation of Section 1 of this
       Act.
(24)   Upon the immediate approach of an emergency vehicle equipped with[,] and operating[,] one (1) or more
       flashing, rotating, or oscillating red or blue lights[,] visible under normal conditions from a distance of five
       hundred (500) feet to the front of such vehicle, and the operator of which is giving audible signal by siren,
       exhaust whistle, or bell, every pedestrian shall yield the right-of-way to the emergency vehicle.
(25)[(24)]   This section shall not relieve the operator of an emergency vehicle from the duty to:
       (a)   Drive with due regard for the safety of all persons using the highway; and
       (b)   [nor from the duty to ]Exercise due care to avoid colliding with any pedestrian.
  Became law without Governor's signature April 5, 2026.
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