Get on the internet (well I guess you already are ) and read the KRS and KAR for this topic. These are the laws and regulations for KY. Then see how you would interpret the laws and regs. Then consider how any random judge would interpret the reg or law if there is anything vague or grey in there. And ... if you want try to figure out how any random officer in the field would interpret them. Then ask yourself could you successfully argue your case in the field with an officer if you did happen to have access to the laws and regs in the field. If you loose the argument there then determine if you want to pay the fine or go to court and discuss the law with the judge.

It may be clearer than what I have alluded above but sometimes it's not.

That is a good very question and it happens a lot!

Good news is that every time I have been checked it has been on the water or at the ramp after returning. That way they know at least how many people were on the boat.