AN ACT relating to the operation of a motor vehicle.

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AN ACT relating to the operation of a motor vehicle. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 65.8808 is amended to read as follows: 3
(1) The legislative body of a local government may, by ordinance, create a code 4
enforcement board which shall have the power to issue remedial orders and impose 5
civil fines as a method of enfo rcing a local government ordinance when a violation 6
of the ordinance has been classified as a civil offense in accordance with this 7
section. Any local government may expand its code enforcement board to include 8
additional cities or counties within its juri sdiction for performing the function for 9
which the code enforcement board was organized. 10
(2) Subject to the limitations set forth in subsection (3) of this section, the legislative 11
body of a local government may utilize a code enforcement board to enforce any 12
ordinance of the local government, including but not limited to littering, open 13
dumping of solid waste, or any zoning or nuisance ordinance. Each ordinance to be 14
enforced by a code enforcement board, by its express terms, shall provide that each 15
violation of the ordinance shall constitute a civil offense. The ordinance shall 16
provide either: 17
(a) A specific civil fine or fines that may be imposed for each violation of the 18
ordinance; or 19
(b) Two (2) separate civil fines as follows: 20
1. A maximum civil fine that may be imposed for each offense if the 21
citation is contested under KRS 65.8825(6); and 22
2. A specific civil fine of less than the maximum civil fine that will be 23
imposed for each offense if the person who has committed the offense 24
does not contest the citation. 25
(3) With the exceptions of criminal littering under KRS 433.753 , [and ] littering of 26
public waters under KRS 433.757, failure to stop a motor vehicle facing a circular 27
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steady or flashing red traffic control signal under KRS 189.338, and violation of 1
a speed limit specified under KRS 189.390, no legislative body of a local 2
government shall classify the violation of an ordinance as a civil offense if the same 3
conduct that is regulated b y the ordinance would also, under any provision of the 4
Kentucky Revised Statutes, constitute a criminal offense or a moving motor vehicle 5
offense. 6
Section 2. KRS 189.990 is amended to read as follows: 7
(1) (a) Any person who violates any of the provisions of KRS 189.020 to 189.040, 8
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections 9
(1) to (3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, 10
subsections (2) to (4) of KRS 189.190, KRS 189.200, 189.285, subsection (1) 11
or (2) of KRS 189.290, 189.300 to 189.360, KRS 189.380, KRS 189.400 to 12
189.430, KRS 189.450 to 189.458, KRS 189.4595 to 189.480, subsection (1) 13
of KRS 189.520, KRS 189.540, KRS 189.570 to 189.590, except subsection 14
(1)(b) or (6)(b) of KRS 189.580, KRS 189.345, subsection (6) of KRS 15
189.456, and 189.960 shall be fined not less than twenty dollars ($20) nor 16
more than one hundred dollars ($100) for each offense. Any person who 17
violates subsection (1)(a) of KRS 189.580 shall be fined no t less than twenty 18
dollars ($20) nor more than two thousand dollars ($2,000) or imprisoned in 19
the county jail for not more than one (1) year, or both, unless the accident 20
involved death or serious physical injury and the person knew or should have 21
known of the death or serious physical injury, in which case the person shall 22
be guilty of a Class D felony. Any person who violates paragraph (c) of 23
subsection (5) of KRS 189.390 shall be fined not less than eleven dollars 24
($11) nor more than thirty dollars ($30) . Neither court costs nor fees shall be 25
taxed against any person violating paragraph (c) of subsection (5) of KRS 26
189.390. 27
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(b) Any person who violates KRS 189.338 or 189.390 but does not receive a 1
citation from a police officer at the time of the violation may be subject to a 2
civil penalty in accordance with Section 1 of this Act. 3
(2) (a) 1. Except as provided in subparagraph 2. of this paragraph, any person 4
who violates the weight provisions of KRS 189.212, 189.221, 189.222, 5
189.226, 189.230, 189.270, or 189.2713 shall be fined two cents ($0.02) 6
per pound for each pound of excess load when the excess is five 7
thousand (5,000) pounds or less. When the excess exceeds five thousand 8
(5,000) pounds the fine shall be two cents ($0.02) per pound for each 9
pound of e xcess load, but the fine levied shall not be less than one 10
hundred dollars ($100) and shall not be more than five hundred dollars 11
($500). 12
2. Any person who violates a posted bridge weight limit on a state -13
maintained bridge that is more than seventy -five (75) years old shall be 14
fined: 15
a. Five hundred dollars ($500) for the first offense; 16
b. One thousand dollars ($1,000) for the second offense within a one 17
(1) year period; and 18
c. Two thousand dollars ($2,000) for any subsequent offense within a 19
one (1) year period. 20
The Transportation Cabinet shall erect signs warning drivers of the 21
increased fines in this subparagraph. Signs erected under this 22
subparagraph shall be placed in such a manner that drivers are given 23
adequate warning in order to exit the road prior to crossing the bridge. If 24
warning signs are not erected in accordance with this subparagraph, the 25
fines in this subparagraph shall not apply and violators shall be fined 26
under subparagraph 1. of this paragraph. 27
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(b) Any person who violates the provisions of KRS 189.271 and is operating on a 1
route designated on the permit shall be fined one hundred dollars ($100); 2
otherwise, the penalties in paragraph (a) of this subsection shall apply. 3
(c) Any person who violates any provision of subsection (2) or (3) of K RS 4
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 5
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 6
another penalty is not specifically provided shall be fined not less than ten 7
dollars ($10) nor more than five hundred dollars ($500). 8
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 9
on a route designated in KRS 177.986 shall be fined one hundred dollars 10
($100). 11
2. Any person who operates a vehicle with a permit under KRS 177.985 in 12
excess of eighty thousand (80,000) pounds while operating on a route 13
not designated in KRS 177.986 shall be fined one thousand dollars 14
($1,000). 15
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 16
prejudice or affect the authori ty of the Department of Vehicle Regulation to 17
suspend or revoke certificates of common carriers, permits of contract 18
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 19
to 189.228 or any other act applicable to motor vehicles, as provided by law. 20
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 21
more than fifteen dollars ($15). 22
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 23
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 24
(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 25
less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 26
(b) Any peace officer who fails, when properly informed, to enfor ce KRS 27
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189.210 shall be fined not less than twenty -five dollars ($25) nor more than 1
one hundred dollars ($100). 2
(c) All fines collected under this subsection, after payment of commissions to 3
officers entitled thereto, shall go to the county road fund if the offense is 4
committed in the county, or to the city street fund if committed in the city. 5
(5) Any person who violat es KRS 189.370 shall for the first offense be fined not less 6
than one hundred dollars ($100) nor more than two hundred dollars ($200) or 7
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 8
each subsequent offense occurring within three (3) years, the person shall be fined 9
not less than three hundred dollars ($300) nor more than five hundred dollars 10
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 11
both. The minimum fine for this violation s hall not be subject to suspension. A 12
minimum of six (6) points shall be assessed against the driving record of any person 13
convicted. 14
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 15
($15) in excess of the cost of the repair of the road. 16
(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 17
twenty dollars ($20) nor more than fifty dollars ($50). 18
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 19
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 20
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty -21
five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 22
not less than thirty (30) days nor more than twelve (12) months, or both. 23
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty -24
five dollars ($35) nor more than one hundred dollars ($100). 25
(10) Any person who violates any of the provisions of KRS 189.550 shall be gu ilty of a 26
Class B misdemeanor. 27
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(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 1
thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 2
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 3
this section shall, in the case of a public highway, be paid into the county road fund, 4
and, in the case of a privately owned road or bridge, be paid to the owner. These 5
fines shall not bar an action for damages for breach of contract. 6
(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not 7
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 8
offense. 9
(14) Any person who violates any provision of KRS 189.575 shall be fi ned not less than 10
twenty dollars ($20) nor more than twenty-five dollars ($25). 11
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 12
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 13
(16) Any person who violates restrictions or regulations established by the secretary of 14
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 15
be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 16
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 17
imprisoned for thirty (30) days, or both. 18
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 19
of a Class B misdemeanor. 20
(b) In addition to the penal ties prescribed in paragraph (a) of this subsection, in 21
case of violation by any person in whose name the vehicle used in the 22
transportation of inflammable liquids or explosives is licensed, the person 23
shall be fined not less than one hundred dollars ($100 ) nor more than five 24
hundred dollars ($500). Each violation shall constitute a separate offense. 25
(18) Any person who abandons a vehicle upon the right -of-way of a state highway for 26
three (3) consecutive days shall be fined not less than thirty -five dollars ($35) nor 27
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more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 1
nor more than thirty (30) days. 2
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 3
unless the offense is being committed by a defe ndant fleeing the commission of a 4
felony offense which the defendant was also charged with violating and was 5
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 6
(20) Any law enforcement agency which fails or refuses to forward the reports required 7
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 8
(21) A person who operates a bicycle in violation of the administrative regulations 9
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollar s ($10) 10
nor more than one hundred dollars ($100). 11
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred 12
dollars ($500) or imprisoned for not more than six (6) months, or both. 13
(23) Any person who violates KRS 189.754 shall be f ined not less than twenty -five 14
dollars ($25) nor more than three hundred dollars ($300). 15
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 16
dollars ($50). This fine shall be subject to prepayment. A fine imposed under thi s 17
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 18
court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 19
or any other additional fees or costs. 20
(25) Any person who violates the provisions of KRS 18 9.125(3)(b) shall not be issued a 21
uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 22
For a violation on or after July 1, 2009, the person shall be fined thirty dollars 23
($30). This fine shall be subject to prepayment. A fi ne imposed under this 24
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 25
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 26
any other additional fees or costs. A person who has not been previousl y charged 27
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with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 1
the requirements of KRS 189.125. Upon presentation of sufficient proof of the 2
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 3
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 4
amount not to exceed twenty -five dollars ($25). This fine shall be subject to 5
prepayment. A fine imposed under this subsection shall not be subject to court costs 6
pursuant to KRS 2 4A.175, additional court costs pursuant to KRS 24A.176, the fee 7
imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 8
(27) Fines levied pursuant to this chapter shall be assessed in the manner required by 9
KRS 534.020, in amounts consiste nt with this chapter. Nonpayment of fines shall 10
be governed by KRS 534.020 and 534.060. 11
(28) A licensed driver under the age of eighteen (18) charged with a moving violation 12
pursuant to this chapter as the driver of a motor vehicle may be referred, prior t o 13
trial, by the court to a diversionary program. The diversionary program under this 14
subsection shall consist of one (1) or both of the following: 15
(a) Execution of a diversion agreement which prohibits the driver from operating 16
a vehicle for a period not to exceed forty -five (45) days and which allows the 17
court to retain the driver's operator's license during this period; and 18
(b) Attendance at a driver i mprovement clinic established pursuant to KRS 19
186.574. If the person completes the terms of this diversionary program 20
satisfactorily the violation shall be dismissed. 21
(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall 22
be fined two hundred fifty dollars ($250). The fines and costs for a violation of 23
subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 24
accordance with KRS 24A.180. Once deposited into the State Treasury, ninety 25
percent (90%) of the fin e collected under this subsection shall immediately be 26
forwarded to the personal care assistance program under KRS 205.900 to 205.920. 27
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Ten percent (10%) of the fine collected under this subsection shall annually be 1
returned to the county where the violatio n occurred and distributed equally to all 2
law enforcement agencies within the county. 3
(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars 4
($25) for the first offense and fifty dollars ($50) for each subsequent offense. 5
(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 6
hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 7
imposed under this subsection shall not be subject to court costs pursuant to KRS 8
24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 9
KRS 24A.1765, or any other additional fees or costs. 10
(32) Any person who violates subsection (3) or (4) of KRS 189.290 and causes physical 11
injury to a person shall be fined five hundred dollars ($500). 12