Can KY drivers legally run through a red light that won’t turn green? What the law says
Ever needed to get somewhere in a hurry, only to be stuck at a red light that simply will not turn green, leaving you in limbo as the driver behind you grows increasingly angry?
If so, you may have been tempted to just go ahead and run the red light, at least when the intersection is clear or it’s otherwise safe to do so. But is that legal in Kentucky?
As far as we can tell, there’s only one state law that addresses this issue, but it only speaks to what motorcyclists can do, not drivers. Here’s what to know about it and how the Lexington Police Department says it would treat drivers in this situation.
Can you run a red light in Kentucky if it won’t turn green?
Generally speaking, running a red light is against the law for most drivers, though there is one notable exception for motorcyclists.
In 2015, in response to miffed motorcyclists unable to trigger traffic signal sensors with their bikes, the state legislature enacted a law to offer them some relief.
Under that law, motorcyclists have to meet the following requirements before they can go through the red light:
The motorcycle must have come to a complete stop at the light.
The traffic light must have shown a steady red light for two minutes or complete two lighting cycles.
The light was apparently malfunctioning or failed to detect the motorcycle.
No motor vehicle or person was approaching the street or highway to cross or enter it, or at least no one is close enough to the light for proceeding through to be a hazard.
Fulfilling those requirements, if you’re the motorcyclist in question, awards you an “affirmative defense,” a bit of legalese that means you cannot be sued or criminally prosecuted for it. The provision notably excludes drivers of other types of vehicles, however, and the immunity granted to motorcyclists only applies to that specific situation.
Mike Wynn, a spokesperson for Kentucky’s Legislative Research Commission, told the Herald-Leader he’s not aware of any other state law that would apply to the situation outlined in KRS 189.338.
“However, I’ll include my standard disclaimer that LRC cannot provide interpretations of laws,” Wynn noted. “I also cannot guarantee that someone else might assert that other statutes are relevant in this matter.”
Can I get a ticket if I run a malfunctioning red light in Kentucky?
The short answer is it depends.
Asked to weigh in about how it would handle the situation, the Lexington Police Department’s traffic unit said, “while an officer can issue a citation for disregarding a traffic control device, the decision is made on a case-by-case basis. Officers can also give a driver a warning if they agree that the lights are malfunctioning.”
LPD added in the statement, “drivers must obey all traffic control devices and not go through a red light. By running a red light, drivers could endanger other motorists or pedestrians.”
If a traffic light malfunctions, LPD said drivers should call LexCall 311 or the department’s non-emergency line at 859-258-3600. Work orders with LexCall can also be filed online at lexingtonky.gov/lexcall.
Otherwise, if you’re too far out past the light’s sensor, you could try reversing to trigger it again. If that doesn’t work, take a right-hand turn and proceed to the next closest spot where you can legally make a U-turn.
Do you have a question about a Kentucky law? We’d like to hear from you. Write to us via the Know Your Kentucky form below or email ask@herald-leader.com.