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 189.340 is amended to read as follows: 3
(1) The driver of a vehicle overtaking other vehicles proceeding in the same direction 4
shall pass to the left of them and shall not again drive to the right until reasonably 5
clear of those vehicles. The driver of a vehicle overtaking streetcars may pass either 6
to the right or left when so directed by a police officer, when on a one (1) way street 7
or where the location of the tracks prevents compliance with this section, with 8
regard for other traffic. 9
(2) (a) The driver of a vehicle overtaking a bicycle or electric low -speed scooter 10
proceeding in the same direction shall: 11
1. If there is more than one (1) lane for traffic proceeding in the same 12
direction, move the vehicle to the immediate left, if the lane is available 13
and moving in the lane is reasonably safe; or 14
2. If there is only one (1) lane for traffic proceeding in the same direction, 15
pass to the left of the bicycle or electric low -speed scooter at a distance 16
of not less than three (3) feet between any portion of the vehicle and the 17
bicycle or electric low -speed scooter and maintain that distance until 18
safely past the overtaken bicycle or electric low -speed scooter. If space 19
on the roadway is not available to have a minimum distance of three (3) 20
feet between the vehicle and the bicycle or electric low -speed scooter, 21
then the driver of the passing vehicle shall use reasonable caution in 22
passing the bicyclist or electric low-speed scooter operator. 23
(b) The driver of a motor vehicle may drive to the left of the center of a roadway, 24
including when a no -passing zone is marked in accordance with subsection 25
(6) of this section, to pass a person operating a bicycle or electric low -speed 26
scooter only if the roadway to the left of the center is unobstructed for a 27
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sufficient distance to permit the driver to pass the person operating the bicycle 1
or electric low -speed scooter safely and avoid interference with oncoming 2
traffic. This paragraph does not authorize driving on the left side of the center 3
of the roadway when otherwise prohibited under state law. 4
(c) The operator of a bicycle or electric low -speed scooter shall not ride more 5
than two (2) abreast on a single highway lane unless operating on any part of 6
the roadway marked exclusively for bicycle use. Persons riding two (2) 7
abreast shall not impede the normal and reasonable movement of traffic. 8
(3) The operator of a vehicle may overtake and pass upon the right of another vehicle 9
only under the following conditions: 10
(a) When the vehicle overtaken is making or about to make a left turn; or 11
(b) Upon a roadway with unobstructed pavement of sufficient width for two (2) 12
or more lines of vehicles moving lawfully in the direction being traveled by 13
the overtaking vehicle. 14
(4) The operator of a vehicle may overtake and pass another vehicle upon the right only 15
under conditions permitti ng the passing in safety, and not by driving off the 16
roadway unless the vehicle being passed is at a complete stop and the passing may 17
be made safely. 18
(5) A person shall not drive a vehicle to the left side of the center of the roadway in 19
overtaking and passing another vehicle proceeding in the same direction unless the 20
left side is clearly visible and free of oncoming traffic for a sufficient distance 21
ahead to permit overtaking and passing to be completely made without interfering 22
with the safe operation o f any vehicle approaching from the opposite direction or 23
any vehicle overtaken. In every event, the overtaking vehicle must return to the 24
right-hand side of the roadway before coming within two hundred (200) feet of any 25
vehicle approaching from the opposite direction. 26
(6) The commissioner of highways is hereby authorized to determine those portions of 27
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any highway where overtaking and passing or driving to the left of the roadway 1
would be especially hazardous and may by appropriate signs or markings on the 2
roadway indicate the beginning and end of the zones, and when signs or markings 3
are in place and clearly visible to an ordinarily observant person, every driver of a 4
vehicle shall obey the directions thereof, except as provided for in subsection (2)(b) 5
of this section. 6
(7) Whenever any roadway has been divided into three (3) or more clearly marked 7
lanes for travel in one (1) direction, the following additional rules shall apply: 8
(a) A person shall drive a vehicle as nearly as may be practical entirely within a 9
single lane and shall not move from that lane until the driver ascertains that 10
the movement can be made with safety; 11
(b) A person shall not drive a vehicle in the center lane except when overtaking 12
and passing another vehicle where the roadway is clearl y visible and the 13
center lane is clear of traffic within a safe distance, or in preparation for a left 14
turn or where a center lane is at the time allocated exclusively to traffic 15
moving in the direction in which the vehicle is proceeding and is signposted 16
to give notice of the allocation; 17
(c) A person shall not operate a truck tractor, trailer, or semitrailer in the leftmost 18
lane except when entering or leaving a highway, yielding to traffic coming 19
onto the highway, or when traffic conditions exist which wo uld prohibit safe 20
use of the right or center lanes; and 21
(d) Official signs may be erected directing slow -moving traffic to use a 22
designated lane or allocating specified lanes to traffic moving in the same 23
direction and operators of vehicles shall obey the directions of these signs. 24
(8) On any [ limited access] highway of four (4) lanes or more [ with a posted speed 25
limit of at least sixty -five (65) miles per hour] , a person shall not operate a motor 26
vehicle in the leftmost lane at a speed lower than the poste d speed limit , except 27
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when: 1
(a) Overtaking a slower vehicle; 2
(b) Yielding to traffic coming onto the highway;[ or] 3
(c) Preparing to make a left turn at an intersection or into a private drive or 4
roadway; or 5
(d) Traffic or road conditions exist which would prohibit safe use of the right or 6
center lanes. 7
(9) (a) Except as provided in paragraph (c) of this subsection, the operator of a motor 8
vehicle shall not follow another vehicle more closely than is reasonable and 9
prudent, having regard for the speed of the vehicle and the traffic upon and 10
condition of the highway. 11
(b) Except as provided in paragraph (c) of this subsection, the operator of any 12
motor truck, semitrailer truck, bus, or heavy construction equipment unit, 13
when traveling upon a highway outside of a business or residential district, 14
shall not follow within two hundred fifty (250) feet of another vehicle or 15
equipment unit. This subsection shall not prevent overtaking and passing, nor 16
shall it apply to any lane specially designated for use of motor tr ucks or 17
semitrailer trucks, buses or heavy construction equipment units. 18
(c) Paragraphs (a) and (b) of this subsection shall not apply to a trailing 19
commercial motor vehicle involved in a platoon as defined in KRS 281.010, 20
but shall apply to the commercial motor vehicle leading a platoon. 21
Section 2. KRS 189.990 is amended to read as follows: 22
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 23
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 18 9.080, subsections (1) to 24
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 25
(4) of KRS 189.190, KRS 189.200, 189.285, subsection (1) or (2) of KRS 189.290, 26
189.300 to 189.338, subsections (1) to (7) and (9) of Section 1 of th is Act, KRS 27
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189.345 to 189.360, KRS 189.380, KRS 189.400 to 189.430, KRS 189.450 to 1
189.458, KRS 189.4595 to 189.480, subsection (1) of KRS 189.520, KRS 189.540, 2
KRS 189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 3
189.345, subsection (6) of KRS 189.456, and 189.960 shall be fined not less than 4
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 5
Any person who violates subsection (1)(a) of KRS 189.580 shall be fined not less 6
than twenty dollars ($20) nor more than two thousand dollars ($2,000) or 7
imprisoned in the county jail for not more than one (1) year, or both, unless the 8
accident involved death or serious physical injury and the person knew or should 9
have known of the death or serious physical injur y, in which case the person shall 10
be guilty of a Class D felony. Any person who violates paragraph (c) of subsection 11
(5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than 12
thirty dollars ($30). Neither court costs nor fees shall be taxed against any person 13
violating paragraph (c) of subsection (5) of KRS 189.390. 14
(2) (a) 1. Except as provided in subparagraph 2. of this paragraph, any person 15
who violates the weight provisions of KRS 189.212, 189.221, 189.222, 16
189.226, 189.230, 189.270, or 189.2713 shall be fined two cents ($0.02) 17
per pound for each pound of excess load when the excess is five 18
thousand (5,000) pounds or less. When the excess exceeds five thousand 19
(5,000) pounds the fine shall be two cents ($0.02) per pound for each 20
pound of excess load, but the fine levied shall not be less than one 21
hundred dollars ($100) and shall not be more than five hundred dollars 22
($500). 23
2. Any person who violates a posted bridge weight limit on a state -24
maintained bridge that is more than seventy -five (75) years old shall be 25
fined: 26
a. Five hundred dollars ($500) for the first offense; 27
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b. One thousand dollars ($1,000) for the second offense wi thin a one 1
(1) year period; and 2
c. Two thousand dollars ($2,000) for any subsequent offense within a 3
one (1) year period. 4
The Transportation Cabinet shall erect signs warning drivers of the 5
increased fines in this subparagraph. Signs erected under this 6
subparagraph shall be placed in such a manner that drivers are given 7
adequate warning in order to exit the road prior to crossing the bridge. If 8
warning signs are not erected in accordance with this subparagraph, the 9
fines in this subparagraph shall not appl y and violators shall be fined 10
under subparagraph 1. of this paragraph. 11
(b) Any person who violates the provisions of KRS 189.271 and is operating on a 12
route designated on the permit shall be fined one hundred dollars ($100); 13
otherwise, the penalties in paragraph (a) of this subsection shall apply. 14
(c) Any person who violates any provision of subsection (2) or (3) of KRS 15
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 16
189.2713, 189.280, or the dimension provisions of KRS 189.212, fo r which 17
another penalty is not specifically provided shall be fined not less than ten 18
dollars ($10) nor more than five hundred dollars ($500). 19
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 20
on a route designated in KRS 177.986 shall be fined one hundred dollars 21
($100). 22
2. Any person who operates a vehicle with a permit under KRS 177.985 in 23
excess of eighty thousand (80,000) pounds while operating on a route 24
not designated in KRS 177.986 shall be fined one thousand dollars 25
($1,000). 26
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 27
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prejudice or affect the authority of the Department of Vehicle Regulation to 1
suspend or revoke certificates of common carriers, permits of contract 2
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 3
to 189.228 or any other act applicable to motor vehicles, as provided by law. 4
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 5
more than fifteen dollars ($15). 6
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 7
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 8
(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 9
less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 10
(b) Any peace officer who fails, when properly informed, to enforce KRS 11
189.210 shall be fined not less than twenty -five dollars ($25) nor more than 12
one hundred dollars ($100). 13
(c) All fines collected under this subsection, after payment of commissions to 14
officers entitled thereto, shall go to the county road fund if the offense is 15
committed in the county, or to the city street fund if committed in the city. 16
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less 17
than one hundred dollars ($100) nor more than two hundred dollars ($200) or 18
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 19
each subsequent offense occurring within three (3) years, the person shall be fined 20
not less than three hundred dollars ($300) nor more than five hundred dollars 21
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 22
both. The minimum fine for this violation shall not be subject to su spension. A 23
minimum of six (6) points shall be assessed against the driving record of any person 24
convicted. 25
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 26
($15) in excess of the cost of the repair of the road. 27
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(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 1
twenty dollars ($20) nor more than fifty dollars ($50). 2
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 3
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 4
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty -5
five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 6
not less than thirty (30) days nor more than twelve (12) months, or both. 7
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty -8
five dollars ($35) nor more than one hundred dollars ($100). 9
(10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a 10
Class B misdemeanor. 11
(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 12
thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 13
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 14
this section shall, in the case of a public highway, be paid into the county road fund, 15
and, in the case of a privately owned road or bridge, be paid to the owner. These 16
fines shall not bar an action for damages for breach of contract. 17
(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not 18
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 19
offense. 20
(14) Any person who violates any provision of KRS 189.575 shall be fined not less than 21
twenty dollars ($20) nor more than twenty-five dollars ($25). 22
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 23
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 24
(16) Any person who violates restrictions or regulations established by the secretary of 25
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 26
be fined one hundred dollars ($100) and , upon subsequent convictions, be fined not 27
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less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 1
imprisoned for thirty (30) days, or both. 2
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 3
of a Class B misdemeanor. 4
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 5
case of violation by any person in whose name the vehicle used in the 6
transportation of inflammable liquids or explosives is licensed, the person 7
shall be fined not less than one hundred dollars ($100) nor more than five 8
hundred dollars ($500). Each violation shall constitute a separate offense. 9
(18) Any person who abandons a vehicle upon the right -of-way of a state highway for 10
three (3) consecutive d ays shall be fined not less than thirty -five dollars ($35) nor 11
more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 12
nor more than thirty (30) days. 13
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemea nor, 14
unless the offense is being committed by a defendant fleeing the commission of a 15
felony offense which the defendant was also charged with violating and was 16
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 17
(20) Any law enforcement agency which fails or refuses to forward the reports required 18
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 19
(21) A person who operates a bicycle in violation of the administrative regulations 20
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 21
nor more than one hundred dollars ($100). 22
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred 23
dollars ($500) or imprisoned for not more than six (6) months, or both. 24
(23) Any person who violates KRS 189.754 shall be fined not less than twenty -five 25
dollars ($25) nor more than three hundred dollars ($300). 26
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 27
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dollars ($50). This fine shal l be subject to prepayment. A fine imposed under this 1
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 2
court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 3
or any other additional fees or costs. 4
(25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a 5
uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 6
For a violation on or after July 1, 2009, the person shall be fined thirty dollars 7
($30). This fine shall be subject to prepayment. A fine imposed under this 8
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 9
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 10
any other additiona l fees or costs. A person who has not been previously charged 11
with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 12
the requirements of KRS 189.125. Upon presentation of sufficient proof of the 13
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 14
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 15
amount not to exceed twenty -five dollars ($25). This fine shall be subject to 16
prepayment. A fine imposed under this subsection shall not be subject to court costs 17
pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee 18
imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 19
(27) Fines levied pursuant to this chapter shall be assessed in the manner required by 20
KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall 21
be governed by KRS 534.020 and 534.060. 22
(28) A licensed driver under the age of eighteen (18) charged with a moving violation 23
pursuant to this chapter as th e driver of a motor vehicle may be referred, prior to 24
trial, by the court to a diversionary program. The diversionary program under this 25
subsection shall consist of one (1) or both of the following: 26
(a) Execution of a diversion agreement which prohibits th e driver from operating 27
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a vehicle for a period not to exceed forty -five (45) days and which allows the 1
court to retain the driver's operator's license during this period; and 2
(b) Attendance at a driver improvement clinic established pursuant to KRS 3
186.574. If the person completes the terms of this diversionary program 4
satisfactorily the violation shall be dismissed. 5
(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall 6
be fined two hundred fifty dollars ($250). The fines a nd costs for a violation of 7
subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 8
accordance with KRS 24A.180. Once deposited into the State Treasury, ninety 9
percent (90%) of the fine collected under this subsection shall immediately b e 10
forwarded to the personal care assistance program under KRS 205.900 to 205.920. 11
Ten percent (10%) of the fine collected under this subsection shall annually be 12
returned to the county where the violation occurred and distributed equally to all 13
law enforcement agencies within the county. 14
(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars 15
($25) for the first offense and fifty dollars ($50) for each subsequent offense. 16
(31) Any person who violates KRS 189.281(5) or (7)(b) s hall be subject to a fine of two 17
hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 18
imposed under this subsection shall not be subject to court costs pursuant to KRS 19
24A.175, additional costs pursuant to KRS 24A.176, the fee imp osed pursuant to 20
KRS 24A.1765, or any other additional fees or costs. 21
(32) Any person who violates subsection (3) or (4) of KRS 189.290 and causes physical 22
injury to a person shall be fined five hundred dollars ($500). 23
(33) Any person who violates subsection (8) of Section 1 of this Act shall, for the: 24
(a) First offense within a twelve (12) month period, be fined one hundred fifty 25
dollars ($150); 26
(b) Second offense within a twelve (12) month period, be fined two hundred 27
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fifty dollars ($250); and 1
(c) Third offense within a twelve (12) month period, be fined three hundred 2
fifty dollars ($350), or imprisoned not more than thirty (30) days, or both. 3