AN ACT relating to traffic control signal monitoring systems.

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AN ACT relating to traffic control signal monitoring systems. 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
As used in Sections 1 to 4 of this Act: 5
(1) "Agency" means the law enforcement agency within a consolidated local 6
government organized and governed under KRS Chapter 67C p rimarily 7
responsible for traffic control at a particular intersection or that law enforcement 8
agency's designee; 9
(2) "Owner": 10
(a) Means the registered owner of a motor vehicle or a lessee of a motor vehicle 11
under a lease of six (6) months or more; and 12
(b) Does not include a motor vehicle rental or leasing company or holder of a 13
motor vehicle dealer plate issued under KRS 186.053; 14
(3) "Recorded images" means images recorded by a traffic control signal monitoring 15
system: 16
(a) On two (2) or more photographs , microphotographs, or electronic images, 17
or on videotape or any other medium; and 18
(b) Showing the rear of a motor vehicle, and on at least one (1) image or 19
portion of tape, clearly identifying the registration plate number of the 20
motor vehicle; and 21
(4) "Traffic control signal monitoring system" means a device with one (1) or more 22
vehicle sensors working in conjunction with a traffic control signal to produce 23
recorded images of a motor vehicle entering an intersection against a red signal 24
indication. 25
SECTION 2. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 26
READ AS FOLLOWS: 27
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(1) Unless the operator of a motor vehicle received a citation from a police officer at 1
the time of the violation, the operator of a motor vehicle is s ubject to a civil 2
penalty of fifty dollars ($50) if the motor vehicle is recorded by a traffic control 3
signal monitoring system while being in violation of subsection (2) of Section 5 of 4
this Act. 5
(2) Forty-five dollars ($45) of the revenue generated from a civil penalty for traffic 6
control signal monitoring system violations shall be retained by the local 7
government, and five dollars ($5) shall be sent to the Administrative Office of the 8
Courts. 9
(3) To carry out the purposes of this section, the Administra tive Office of the Courts, 10
in consultation with the Transportation Cabinet, shall prescribe a uniform civil 11
citation form, which shall include: 12
(a) The name and address of the registered owner of the motor vehicle; 13
(b) The name and address of the operator of the motor vehicle, if different from 14
the owner; 15
(c) The violation charged; 16
(d) The date and time of the violation; 17
(e) The location of the intersection; 18
(f) The amount of the civil penalty imposed and the date by which the civil 19
penalty should be paid; 20
(g) Information advising the person alleged to be liable under this section as to 21
the manner and time in which the citation may be contested in District 22
Court; and 23
(h) A warning that failure to pay the civil penalty imposed or to contest the 24
matter in a ti mely manner is an admission of liability and shall result in the 25
suspension of the registration of the motor vehicle. 26
(4) An agency shall mail to the owner of a motor vehicle liable under subsection (1) 27
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of this section, or other person identified as operating the motor vehicle: 1
(a) A uniform civil citation as described in subsection (3) of this section; 2
(b) A copy of the recorded images; and 3
(c) A signed, sworn statement by a technician employed by the agency that, 4
based on inspection of recorded images, th e motor vehicle was being 5
operated in violation of subsection (2) of Section 5 of this Act. This 6
statement may be admissible in any proceeding alleging a violation under 7
this section. 8
(5) An agency may mail a warning notice instead of a citation to the own er of a 9
motor vehicle liable under subsection (1) of this section. 10
(6) Except as provided for in subsection (2) of Section 3 of this Act, a citation shall 11
be mailed no later than fourteen (14) days after the alleged violation. 12
(7) A person who receives a citation under this section may: 13
(a) Pay the civil penalty in accordance with the instructions on the citation 14
directly to the District Court; or 15
(b) Elect to stand trial for the alleged violation. 16
SECTION 3. A NEW SECTIO N OF KRS CHAPTER 189 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) The court may consider in defense of a violation under Section 2 of this Act that: 19
(a) The operator of the motor vehicle passed through the intersection in 20
violation of subsection (2) of Section 5 of this Act in order to yield right -of-21
way to an emergency vehicle, at the direction of a peace officer, or as part of 22
a funeral procession; 23
(b) The motor vehicle or the motor vehicle registration plates were stolen before 24
the violation occurred and were not under the control or possession of the 25
owner at the time of the violation; 26
(c) Section 2 of this Act is not enforceable because at the time and place of the 27
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violation, the traffic control signal was not in the proper position or 1
discernible enough to be seen by an ordinarily observant individual; and 2
(d) The person named in the citation was not operating the motor vehicle at the 3
time of the viola tion. A person named in a citation who uses this defense 4
shall identify who was operating the motor vehicle at the time of the 5
violation, including, at a minimum, the operator's name and address. 6
(2) If the District Court finds that the person named in the citation was not operating 7
the motor vehicle at the time of the violation, the clerk of the District Court shall 8
provide to the agency issuing the citation a copy of any evidence substantiating 9
who was operating the motor vehicle at the time of the violat ion. Upon receipt of 10
substantiating evidence from the District Court, the agency may issue a citation 11
under Section 2 of this Act to the person the evidence indicates was operating the 12
motor vehicle at the time of the violation. The agency shall issue the citation 13
within fourteen (14) days of receipt of the evidence from the District Court. 14
SECTION 4. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) If a person refuses to pay the civil penalty imposed u nder Section 2 of this Act 17
and does not contest the violation, the Transportation Cabinet shall suspend the 18
registration of the motor vehicle, when notified by the District Court, until the 19
civil penalty is paid. 20
(2) A violation under Section 2 of this Act shall not result in points assessed against 21
the driving record of the operator of the motor vehicle in violation. 22
Section 5. KRS 189.231 is amended to read as follows: 23
(1) The secretary of transportation may install and maintain traffic control devices upon 24
state-maintained highways in such manner as is reasonably necessary to promote 25
the safety and convenience of the traveling public. 26
(2) The driver of any vehicle shall obey the instructions of any official traffic cont rol 27
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device applicable thereto unless otherwise directed by a traffic or police officer, 1
subject to the exceptions granted the driver of an authorized emergency vehicle. 2
(3) The secretary of transportation may restrict or regulate traffic upon state -maintained 3
highways in such a manner as is reasonably necessary to promote the safety of the 4
traveling public. 5
(4) Law enforcement agencies within a consolidated local government organized and 6
governed under KRS Chapter 67C may use traffic control signal monitori ng 7
systems as defined in Section 1 of this Act to enforce civil penalties for violation 8
of subsection (2) of this section. 9
Section 6. KRS 189.990 is amended to read as follows: 10
(1) Any person who violates any of the prov isions of KRS 189.020 to 189.040, 11
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to 12
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 13
(4) of KRS 189.190, KRS 189.200, 189.285, subsection (1) or (2) of KRS 189.290, 14
189.300 to 189.360, KRS 189.380, KRS 189.400 to 189.430, KRS 189.450 to 15
189.458, KRS 189.4595 to 189.480, subsection (1) of KRS 189.520, KRS 189.540, 16
KRS 189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 17
189.345, subsection (6) of KRS 189.456, and 189.960 shall be fined not less than 18
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 19
Any person who violates subsection (1)(a) of KRS 189.580 shall be fined not less 20
than twenty dollars ( $20) nor more than two thousand dollars ($2,000) or 21
imprisoned in the county jail for not more than one (1) year, or both, unless the 22
accident involved death or serious physical injury and the person knew or should 23
have known of the death or serious physic al injury, in which case the person shall 24
be guilty of a Class D felony. Any person who violates paragraph (c) of subsection 25
(5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than 26
thirty dollars ($30). Neither court costs nor fe es shall be taxed against any person 27
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violating paragraph (c) of subsection (5) of KRS 189.390. 1
(2) (a) 1. Except as provided in subparagraph 2. of this paragraph, any person 2
who violates the weight provisions of KRS 189.212, 189.221, 189.222, 3
189.226, 189.230, 189.270, or 189.2713 shall be fined two cents ($0.02) 4
per pound for each pound of excess load when the excess is five 5
thousand (5,000) pounds or less. When the excess exceeds five thousand 6
(5,000) pounds the fine shall be two cents ($0.02) per pound f or each 7
pound of excess load, but the fine levied shall not be less than one 8
hundred dollars ($100) and shall not be more than five hundred dollars 9
($500). 10
2. Any person who violates a posted bridge weight limit on a state -11
maintained bridge that is more th an seventy-five (75) years old shall be 12
fined: 13
a. Five hundred dollars ($500) for the first offense; 14
b. One thousand dollars ($1,000) for the second offense within a one 15
(1) year period; and 16
c. Two thousand dollars ($2,000) for any subsequent offense within a 17
one (1) year period. 18
The Transportation Cabinet shall erect signs warning drivers of the 19
increased fines in this subparagraph. Signs erected under this 20
subparagraph shall be placed in such a manner that drivers are given 21
adequate warning in order to e xit the road prior to crossing the bridge. If 22
warning signs are not erected in accordance with this subparagraph, the 23
fines in this subparagraph shall not apply and violators shall be fined 24
under subparagraph 1. of this paragraph. 25
(b) Any person who violat es the provisions of KRS 189.271 and is operating on a 26
route designated on the permit shall be fined one hundred dollars ($100); 27
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otherwise, the penalties in paragraph (a) of this subsection shall apply. 1
(c) Any person who violates any provision of subsecti on (2) or (3) of KRS 2
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 3
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 4
another penalty is not specifically provided shall be fined not less than ten 5
dollars ($10) nor more than five hundred dollars ($500). 6
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 7
on a route designated in KRS 177.986 shall be fined one hundred dollars 8
($100). 9
2. Any person who operates a vehicle with a permit under KRS 177.985 in 10
excess of eighty thousand (80,000) pounds while operating on a route 11
not designated in KRS 177.986 shall be fined one thousand dollars 12
($1,000). 13
(e) Nothing in this subsection or in KRS 1 89.221 to 189.228 shall be deemed to 14
prejudice or affect the authority of the Department of Vehicle Regulation to 15
suspend or revoke certificates of common carriers, permits of contract 16
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 17
to 189.228 or any other act applicable to motor vehicles, as provided by law. 18
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 19
more than fifteen dollars ($15). 20
(b) Any person who violates subsection (5) of KRS 189.1 90 shall be fined not 21
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 22
(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 23
less than twenty -five dollars ($25) nor more than one hundred dollars ($100). 24
(b) Any peace officer who fails, when properly informed, to enforce KRS 25
189.210 shall be fined not less than twenty -five dollars ($25) nor more than 26
one hundred dollars ($100). 27
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(c) All fines collected under this subsection, after payment of commissions to 1
officers entitled thereto, shall go to the county road fund if the offense is 2
committed in the county, or to the city street fund if committed in the city. 3
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less 4
than one hu ndred dollars ($100) nor more than two hundred dollars ($200) or 5
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 6
each subsequent offense occurring within three (3) years, the person shall be fined 7
not less than three h undred dollars ($300) nor more than five hundred dollars 8
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 9
both. The minimum fine for this violation shall not be subject to suspension. A 10
minimum of six (6) points shall be assessed against the driving record of any person 11
convicted. 12
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 13
($15) in excess of the cost of the repair of the road. 14
(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 15
twenty dollars ($20) nor more than fifty dollars ($50). 16
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 17
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 18
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty -19
five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 20
not less than thirty (30) days nor more than twelve (12) months, or both. 21
(b) Any person who violates KRS 1 89.530(2) shall be fined not less than thirty -22
five dollars ($35) nor more than one hundred dollars ($100). 23
(10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a 24
Class B misdemeanor. 25
(11) Any person who violates subsection ( 3) of KRS 189.560 shall be fined not less than 26
thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 27
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(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 1
this section shall, in the case of a public highway, be paid into the county road fund, 2
and, in the case of a privately owned road or bridge, be paid to the owner. These 3
fines shall not bar an action for damages for breach of contract. 4
(13) Any person who violates any of the provisions of KRS 18 9.120 shall be fined not 5
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 6
offense. 7
(14) Any person who violates any provision of KRS 189.575 shall be fined not less than 8
twenty dollars ($20) nor more than twenty -five dollars ($25). 9
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 10
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. A 11
civil penalty may be levied in accordance with Sections 1 to 4 of this Act on a 12
person who violates subsection (2) of Section 5 of this Act. 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 penalties 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 lice nsed, 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 defendant 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 dollars ($10) 10
nor more than one hundred dollars ($100). 11
(22) Any person who violates KRS 189.860 shall be fi ned 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 fined 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 this 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 189.125(3)(b) shall not be issued a 21
uniform citation, but shall instead receive a courtesy warning up un til 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 fine imposed under this 24
subsection shall not be subject to court costs pursuant to KRS 24A.175, addition al 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 previously 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 requir ements 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 twent y-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 24A.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 consistent 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 to 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 improvement 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 provision s 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 th e State Treasury, ninety 25
percent (90%) of the fine 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 annu ally be 1
returned to the county where the violation 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 physica l 11
injury to a person shall be fined five hundred dollars ($500). 12