AN ACT relating to vehicle wheels.

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AN ACT relating to vehicle wheels. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Except as provided in subsection (2) of this section, a person shall not operate a 5
vehicle on a highway with an iron, steel, or wooden wheel unless the wheel is 6
equipped with a rubber strip or a rubber compound strip on the portion of the 7
wheel that is in contact with the surface of the highway. 8
(2) Subsection (1) of this section shall not apply to animal -drawn vehicles with a 9
gross weight of one (1) ton or less used solely for the transportation of persons. 10
Section 2. KRS 189.990 is amended to read as follows: 11
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 12
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to 13
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 14
(4) of KRS 189.190, KRS 189.200, 189.285, subsection (1) or (2) of KRS 189.290, 15
189.300 to 189.360, KRS 189.380, KRS 189.400 to 189.430, KRS 18 9.450 to 16
189.458, KRS 189.4595 to 189.480, subsection (1) of KRS 189.520, KRS 189.540, 17
KRS 189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 18
189.345, subsection (6) of KRS 189.456, Section 1 of this Act, and 189.960 shall be 19
fined not less than twenty dollars ($20) nor more than one hundred dollars ($100) 20
for each offense. Any person who violates subsection (1)(a) of KRS 189.580 shall 21
be fined not less than twenty dollars ($20) nor more than two thousand dollars 22
($2,000) or imprison ed in the county jail for not more than one (1) year, or both, 23
unless the accident involved death or serious physical injury and the person knew or 24
should have known of the death or serious physical injury, in which case the person 25
shall be guilty of a Cla ss D felony. Any person who violates paragraph (c) of 26
subsection (5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor 27
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more than thirty dollars ($30). Neither court costs nor fees shall be taxed against 1
any person violating paragraph (c) of subsection (5) of KRS 189.390. 2
(2) (a) 1. Except as provided in subparagraph 2. of this paragraph, any person 3
who violates the weight provisions of KRS 189.212, 189.221, 189.222, 4
189.226, 189.230, 189.270, or 189.2713 shall be fined two cents ($0.02) 5
per pound for each pound of excess load when th e excess is five 6
thousand (5,000) pounds or less. When the excess exceeds five thousand 7
(5,000) pounds the fine shall be two cents ($0.02) per pound for each 8
pound of excess load, but the fine levied shall not be less than one 9
hundred dollars ($100) and sh all not be more than five hundred dollars 10
($500). 11
2. Any person who violates a posted bridge weight limit on a state -12
maintained bridge that is more than seventy -five (75) years old shall be 13
fined: 14
a. Five hundred dollars ($500) for the first offense; 15
b. One thousand dollars ($1,000) for the second offense within a one 16
(1) year period; and 17
c. Two thousand dollars ($2,000) for any subsequent offense within a 18
one (1) year period. 19
The Transportation Cabinet shall erect signs warning drivers of the 20
increased fi nes in this subparagraph. Signs erected under this 21
subparagraph shall be placed in such a manner that drivers are given 22
adequate warning in order to exit the road prior to crossing the bridge. If 23
warning signs are not erected in accordance with this subpar agraph, the 24
fines in this subparagraph shall not apply and violators shall be fined 25
under subparagraph 1. of this paragraph. 26
(b) Any person who violates the provisions of KRS 189.271 and is operating on a 27
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route designated on the permit shall be fined one h undred dollars ($100); 1
otherwise, the penalties in paragraph (a) of this subsection shall apply. 2
(c) Any person who violates any provision of subsection (2) or (3) of KRS 3
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 4
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 5
another penalty is not specifically provided shall be fined not less than ten 6
dollars ($10) nor more than five hundred dollars ($500). 7
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 8
on a route designated in KRS 177.986 shall be fined one hundred dollars 9
($100). 10
2. Any person who operates a vehicle with a permit under KRS 177.985 in 11
excess of eighty thousand (80,000) pounds while operating on a route 12
not designated in KRS 177.986 shall be fined one thousand dollars 13
($1,000). 14
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 15
prejudice or affect the authority of the Department of Vehicle Regulation to 16
suspend or revoke certificates of common c arriers, permits of contract 17
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 18
to 189.228 or any other act applicable to motor vehicles, as provided by law. 19
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall b e fined not 20
more than fifteen dollars ($15). 21
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 22
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 23
(4) (a) Any person who violates subsection (1) of KRS 18 9.210 shall be fined not 24
less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 25
(b) Any peace officer who fails, when properly informed, to enforce KRS 26
189.210 shall be fined not less than twenty -five dollars ($25) nor more than 27
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one hundred dollars ($100). 1
(c) All fines collected under this subsection, after payment of commissions to 2
officers entitled thereto, shall go to the county road fund if the offense is 3
committed in the county, or to the city street fund if committed in the city. 4
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less 5
than one hundred dollars ($100) nor more than two hundred dollars ($200) or 6
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 7
each subsequent offense occurring within three (3) years, the person shall be fined 8
not less than three hundred dollars ($300) nor more than five hundred dollars 9
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 10
both. The minim um fine for this violation shall not be subject to suspension. A 11
minimum of six (6) points shall be assessed against the driving record of any person 12
convicted. 13
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 14
($15) in excess of the cost of the repair of the road. 15
(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 16
twenty dollars ($20) nor more than fifty dollars ($50). 17
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 18
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 19
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty -20
five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 21
not less than thirty (30) days nor more than twelve (12) months, or both. 22
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty -23
five dollars ($35) nor more than one hundred dollars ($100). 24
(10) Any person who violates any of the provision s of KRS 189.550 shall be guilty of a 25
Class B misdemeanor. 26
(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 27
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thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 1
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 2
this section shall, in the case of a public highway, be paid into the county road fund, 3
and, in the case of a privately owned road or bridge, be paid to the owner. These 4
fines shall not bar an action for damages for breach of contract. 5
(13) Any person who violates any of the provisions of KRS 189.120 shall be f ined not 6
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 7
offense. 8
(14) Any person who violates any provision of KRS 189.575 shall be fined not less than 9
twenty dollars ($20) nor more than twenty-five dollars ($25). 10
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 11
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 12
(16) Any person who violates restrictions or regulations established by the secretary of 13
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 14
be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 15
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 16
imprisoned for thirty (30) days, or both. 17
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 18
of a Class B misdemeanor. 19
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 20
case of violation by any person in whose name the vehicle used in the 21
transportation of inflammable liquids or explosives is licensed, the person 22
shall be fined not less than one hundred dollars ($100) nor more than five 23
hundred dollars ($500). Each violation shall constitute a separate offense. 24
(18) Any person who abandons a vehicle upon the right -of-way of a state highway for 25
three (3) consecutive days shall be fined not less than thirty -five dollars ($35) nor 26
more than one hundred dollars ($100), or imprisoned for not less than ten (10 ) days 27
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nor more than thirty (30) days. 1
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 2
unless the offense is being committed by a defendant fleeing the commission of a 3
felony offense which the defendant was also charged wi th violating and was 4
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 5
(20) Any law enforcement agency which fails or refuses to forward the reports required 6
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 7
(21) A person who operates a bicycle in violation of the administrative regulations 8
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 9
nor more than one hundred dollars ($100). 10
(22) Any person who violates KRS 189.8 60 shall be fined not more than five hundred 11
dollars ($500) or imprisoned for not more than six (6) months, or both. 12
(23) Any person who violates KRS 189.754 shall be fined not less than twenty -five 13
dollars ($25) nor more than three hundred dollars ($300). 14
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 15
dollars ($50). This fine shall be subject to prepayment. A fine imposed under this 16
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 17
court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 18
or any other additional fees or costs. 19
(25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a 20
uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 21
For a violation on or after July 1, 2009, the person shall be fined thirty dollars 22
($30). This fine shall be subject to prepayment. A fine imposed under this 23
subsection shall not be subject to court costs pursuant to KRS 24A .175, additional 24
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 25
any other additional fees or costs. A person who has not been previously charged 26
with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meet ing 27
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the requirements of KRS 189.125. Upon presentation of sufficient proof of the 1
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 2
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 3
amount not t o exceed twenty -five dollars ($25). This fine shall be subject to 4
prepayment. A fine imposed under this subsection shall not be subject to court costs 5
pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee 6
imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 7
(27) Fines levied pursuant to this chapter shall be assessed in the manner required by 8
KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall 9
be governed by KRS 534.020 and 534.060. 10
(28) A licensed driver under the age of eighteen (18) charged with a moving violation 11
pursuant to this chapter as the driver of a motor vehicle may be referred, prior to 12
trial, by the court to a diversionary program. The diversionary program under this 13
subsection shall consist of one (1) or both of the following: 14
(a) Execution of a diversion agreement which prohibits the driver from operating 15
a vehicle for a period not to exceed forty -five (45) days and which allows the 16
court to retain the driver's operator's license during this period; and 17
(b) Attendance at a driver improvement clinic established pursuant to KRS 18
186.574. If the person completes the terms of this diversionary program 19
satisfactorily the violation shall be dismissed. 20
(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall 21
be fined two hundred fifty dollars ($250). The fines and costs for a violation of 22
subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 23
accordance with KRS 24A.180. Once dep osited into the State Treasury, ninety 24
percent (90%) of the fine collected under this subsection shall immediately be 25
forwarded to the personal care assistance program under KRS 205.900 to 205.920. 26
Ten percent (10%) of the fine collected under this subsect ion shall annually be 27
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returned to the county where the violation occurred and distributed equally to all 1
law enforcement agencies within the county. 2
(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars 3
($25) for the first offense and fifty dollars ($50) for each subsequent offense. 4
(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 5
hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 6
imposed under this subsectio n shall not be subject to court costs pursuant to KRS 7
24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 8
KRS 24A.1765, or any other additional fees or costs. 9
(32) Any person who violates subsection (3) or (4) of KRS 189.290 and causes physical 10
injury to a person shall be fined five hundred dollars ($500). 11