AN ACT relating to the transportation of forestry products.

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AN ACT relating to the transportation of forestry products. 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) As used in this section, "primary forest product" means lumber and other 5
material, including but not limited to sawdust, wood chips, bark, slabs, and logs, 6
originating from their points of origin to first market. 7
(2) Notwithstanding KRS 189.269, and subject to the limitations in subsection (3) of 8
this section, trucks transporting primary forest products on a state -maintained 9
highway within one hundred ( 100) miles of their point of origin may operate at 10
the following weights: 11
(a) Ninety thousand (90,000) pounds for a truck with two (2) rear axles in 12
tandem arrangement that are spaced forty -two (42) inches or more apart 13
and less than ninety-six (96) inches apart; and 14
(b) One hundred thousand (100,000) pounds for a truck with three (3) rear 15
axles that are spaced forty -two (42) inches or more apart and less than one 16
hundred twenty (120) inches apart. 17
(3) This section shall not apply to: 18
(a) The interstate highway system; or 19
(b) Any bridge with a posted weight limit less than the adjoining highway. 20
Section 2. KRS 189.990 is amended to read as follows: 21
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 22
subsection (1) or (4) of KRS 189.050, KRS 18 9.060 to 189.080, subsections (1) to 23
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 24
(4) of KRS 189.190, KRS 189.200, 189.285, subsection (1) or (2) of KRS 189.290, 25
189.300 to 189.360, KRS 189.380, KRS 189.400 to 189.430, K RS 189.450 to 26
189.458, KRS 189.4595 to 189.480, subsection (1) of KRS 189.520, KRS 189.540, 27
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KRS 189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 1
189.345, subsection (6) of KRS 189.456, and 189.960 shall be fined not less than 2
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 3
Any person who violates subsection (1)(a) of KRS 189.580 shall be fined not less 4
than twenty dollars ($20) nor more than two thousand dollars ($2,000) or 5
imprisoned in the county j ail for not more than one (1) year, or both, unless the 6
accident involved death or serious physical injury and the person knew or should 7
have known of the death or serious physical injury, in which case the person shall 8
be guilty of a Class D felony. Any p erson who violates paragraph (c) of subsection 9
(5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than 10
thirty dollars ($30). Neither court costs nor fees shall be taxed against any person 11
violating paragraph (c) of subsection (5) of KRS 189.390. 12
(2) (a) 1. Except as provided in subparagraph 2. of this paragraph, any person 13
who violates the weight provisions of KRS 189.212, 189.221, 189.222, 14
189.226, 189.230, 189.270, Section 1 of this Act, or 189.2713 shall be 15
fined two cents ($0. 02) per pound for each pound of excess load when 16
the excess is five thousand (5,000) pounds or less. When the excess 17
exceeds five thousand (5,000) pounds the fine shall be two cents ($0.02) 18
per pound for each pound of excess load, but the fine levied shall not be 19
less than one hundred dollars ($100) and shall not be more than five 20
hundred dollars ($500). 21
2. Any person who violates a posted bridge weight limit on a state -22
maintained bridge that is more than seventy -five (75) years old shall be 23
fined: 24
a. Five hundred dollars ($500) for the first offense; 25
b. One thousand dollars ($1,000) for the second offense within a one 26
(1) year period; and 27
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c. Two thousand dollars ($2,000) for any subsequent offense within a 1
one (1) year period. 2
The Transportation Cabinet sh all erect signs warning drivers of the 3
increased fines in this subparagraph. Signs erected under this 4
subparagraph shall be placed in such a manner that drivers are given 5
adequate warning in order to exit the road prior to crossing the bridge. If 6
warning signs are not erected in accordance with this subparagraph, the 7
fines in this subparagraph shall not apply and violators shall be fined 8
under subparagraph 1. of this paragraph. 9
(b) Any person who violates the provisions of KRS 189.271 and is operating on a 10
route designated on the permit shall be fined one hundred dollars ($100); 11
otherwise, the penalties in paragraph (a) of this subsection shall apply. 12
(c) Any person who violates any provision of subsection (2) or (3) of KRS 13
189.050, subsection (4) of KRS 189 .090, KRS 189.221 to 189.230, 189.270, 14
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 15
another penalty is not specifically provided shall be fined not less than ten 16
dollars ($10) nor more than five hundred dollars ($500). 17
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 18
on a route designated in KRS 177.986 shall be fined one hundred dollars 19
($100). 20
2. Any person who operates a vehicle with a permit under KRS 177.985 in 21
excess of eighty thousand (80,000) p ounds while operating on a route 22
not designated in KRS 177.986 shall be fined one thousand dollars 23
($1,000). 24
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 25
prejudice or affect the authority of the Department of Vehicle Regul ation to 26
suspend or revoke certificates of common carriers, permits of contract 27
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carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 1
to 189.228 or any other act applicable to motor vehicles, as provided by law. 2
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 3
more than fifteen dollars ($15). 4
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 5
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 6
(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 7
less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 8
(b) Any peace officer who fails, when properly informed, to enforce KRS 9
189.210 shall be fined not les s than twenty -five dollars ($25) nor more than 10
one hundred dollars ($100). 11
(c) All fines collected under this subsection, after payment of commissions to 12
officers entitled thereto, shall go to the county road fund if the offense is 13
committed in the county, or to the city street fund if committed in the city. 14
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less 15
than one hundred dollars ($100) nor more than two hundred dollars ($200) or 16
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 17
each subsequent offense occurring within three (3) years, the person shall be fined 18
not less than three hundred dollars ($300) nor more than five hundred dollars 19
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 20
both. The minimum fine for this violation shall not be subject to suspension. A 21
minimum of six (6) points shall be assessed against the driving record of any person 22
convicted. 23
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 24
($15) in excess of the cost of the repair of the road. 25
(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 26
twenty dollars ($20) nor more than fifty dollars ($50). 27
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(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fine d not 1
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 2
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty -3
five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 4
not less than thirty (30) days nor more than twelve (12) months, or both. 5
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty -6
five dollars ($35) nor more than one hundred dollars ($100). 7
(10) Any person who violates any of the provisions of KR S 189.550 shall be guilty of a 8
Class B misdemeanor. 9
(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 10
thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 11
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 12
this section shall, in the case of a public highway, be paid into the county road fund, 13
and, in the case of a privately owned road or bridge, be paid to the owner. These 14
fines shall not bar an action for damages for breach of contract. 15
(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not 16
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 17
offense. 18
(14) Any person who violates any provision of KR S 189.575 shall be fined not less than 19
twenty dollars ($20) nor more than twenty-five dollars ($25). 20
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 21
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 22
(16) Any person who violates restrictions or regulations established by the secretary of 23
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 24
be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 25
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 26
imprisoned for thirty (30) days, or both. 27
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(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 1
of a Class B misdemeanor. 2
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 3
case of violation by any person in whose name the vehicle used in the 4
transportation of inflammable liquids or explosives is licensed, the person 5
shall be fined not less than one hundred dollars ($100) nor more than five 6
hundred dollars ($500). Each violation shall constitute a separate offense. 7
(18) Any person who abandons a vehicle upon the right -of-way of a state highway for 8
three (3) consecutive days shall be fined not less tha n thirty-five dollars ($35) nor 9
more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 10
nor more than thirty (30) days. 11
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 12
unless the offense is bein g committed by a defendant fleeing the commission of a 13
felony offense which the defendant was also charged with violating and was 14
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 15
(20) Any law enforcement agency which fails or refuses to forward the reports required 16
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 17
(21) A person who operates a bicycle in violation of the administrative regulations 18
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 19
nor more than one hundred dollars ($100). 20
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred 21
dollars ($500) or imprisoned for not more than six (6) months, or both. 22
(23) Any person who violates K RS 189.754 shall be fined not less than twenty -five 23
dollars ($25) nor more than three hundred dollars ($300). 24
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 25
dollars ($50). This fine shall be subject to prepayment. A f ine imposed under this 26
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 27
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court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 1
or any other additional fees or costs. 2
(25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a 3
uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 4
For a violation on or after July 1, 2009, the person shall be fined thirty dollars 5
($30). This fine shall be subjec t to prepayment. A fine imposed under this 6
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 7
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 8
any other additional fees or costs. A person who h as not been previously charged 9
with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 10
the requirements of KRS 189.125. Upon presentation of sufficient proof of the 11
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 12
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 13
amount not to exceed twenty -five dollars ($25). This fine shall be subject to 14
prepayment. A fine imposed under this subsection shall not be subject to court costs 15
pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee 16
imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 17
(27) Fines levied pursuant to this chapter shall be assessed in the manner required by 18
KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall 19
be governed by KRS 534.020 and 534.060. 20
(28) A licensed driver under the age of eighteen (18) charged with a moving violation 21
pursuant to this chapter as the driver of a motor vehicle may be referred, prior to 22
trial, by the court to a diversionary program. The diversionary program under this 23
subsection shall consist of one (1) or both of the following: 24
(a) Execution of a diversion agreement which prohibits the driver from operating 25
a vehicle for a period not to exceed forty -five (45) days and which allows the 26
court to retain the driver's operator's license during this period; and 27
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(b) Attendance at a driver improvement clinic established pursuant to KRS 1
186.574. If the person completes the terms of this diversionary program 2
satisfactorily the violation shall be dismissed. 3
(29) A person who violates the provisions of subsection (2) or (3 ) of KRS 189.459 shall 4
be fined two hundred fifty dollars ($250). The fines and costs for a violation of 5
subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 6
accordance with KRS 24A.180. Once deposited into the State Treasury, ninety 7
percent (90%) of the fine collected under this subsection shall immediately be 8
forwarded to the personal care assistance program under KRS 205.900 to 205.920. 9
Ten percent (10%) of the fine collected under this subsection shall annually be 10
returned to the c ounty where the violation occurred and distributed equally to all 11
law enforcement agencies within the county. 12
(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars 13
($25) for the first offense and fifty dollars ($50) for each subsequent offense. 14
(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 15
hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 16
imposed under this subsection shall not be subject to court costs p ursuant to KRS 17
24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 18
KRS 24A.1765, or any other additional fees or costs. 19
(32) Any person who violates subsection (3) or (4) of KRS 189.290 and causes physical 20
injury to a person shall be fined five hundred dollars ($500). 21