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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
A person shall not operate any vehicle on a highway with an iron, steel, or wooden 5
wheels unless the wheel is equipped with a rubber strip or a rubber compound strip on 6
the portion of the wheel that is in contact with the surface of the highway. 7
Section 2. KRS 189.990 is amended to read as follows: 8
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 9
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to 10
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 11
(4) of KRS 189.190, KRS 189.200, 189.285, 189.290, 189.300 to 189.360, KRS 12
189.380, KRS 189.400 to 189.430, KRS 189.450 to 189.458, KRS 189.4595 to 13
189.480, subsection (1) of KRS 189.520, KRS 189.540, Section 1 of this Act, KRS 14
189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 15
189.345, subsection (6) of KRS 189.456, and 189.960 shall be fined not less than 16
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 17
Any person who violates subsection (1)(a) of KRS 189.580 shall be fined not less 18
than twenty dollars ($20) nor more than two thousand dollars ($2,000) or 19
imprisoned in the county jail for not more than one (1) year, or both, unless the 20
accident involved death or serious physical injury and the person knew or should 21
have 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 subsection 23
(5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than 24
thirty dollars ($30). Neither court costs nor fees shall be taxed against any person 25
violating paragraph (c) of subsection (5) of KRS 189.390. 26
(2) (a) Any person who violates the weight provisions of KRS 189.212, 189.221, 27 UNOFFICIAL COPY 23 RS BR 464
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189.222, 189.226, 189.230, 189.270, or 189.2713 shall be fined two cents 1
($0.02) per pound for each pound of excess load when the excess is five 2
thousand (5,000) pounds or less. When the excess exceeds five thousand 3
(5,000) pounds the fine shall be two cents ($0.02) per pound for each pound 4
of excess load, but the fine levied shall not be less than one hundred dollars 5
($100) and shall not be more than five hundred dollars ($500). 6
(b) Any person who violates the provisions of KRS 189.271 and is operating on a 7
route designated on the permit shall be fined one hundred dollars ($100); 8
otherwise, the penalties in paragraph (a) of this subsection shall apply. 9
(c) Any person who violates any provision of subsection (2) or (3) of KRS 10
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 11
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 12
another penalty is not specifically provided shall be fined not less than ten 13
dollars ($10) nor more than five hundred dollars ($500). 14
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 15
on a route designated in KRS 177.986 shall be fined one hundred dollars 16
($100). 17
2. Any person who operates a vehicle with a permit under KRS 177.985 in 18
excess of eighty thousand (80,000) pounds while operating on a route 19
not designated in KRS 177.986 shall be fined one thousand dollars 20
($1,000). 21
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 22
prejudice or affect the authority of the Department of Vehicle Regulation to 23
suspend or revoke certificates of common carriers, permits of contract 24
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 25
to 189.228 or any other act applicable to motor vehicles, as provided by law. 26
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 27 UNOFFICIAL COPY 23 RS BR 464
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more than fifteen dollars ($15). 1
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 2
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 3
(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 4
less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 5
(b) Any peace officer who fails, when properly informed, to enforce KRS 6
189.210 shall be fined not less than twenty-five dollars ($25) nor more than 7
one hundred dollars ($100). 8
(c) All fines collected under this subsection, after payment of commissions to 9
officers entitled thereto, shall go to the county road fund if the offense is 10
committed in the county, or to the city street fund if committed in the city. 11
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less 12
than one hundred dollars ($100) nor more than two hundred dollars ($200) or 13
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 14
each subsequent offense occurring within three (3) years, the person shall be fined 15
not less than three hundred dollars ($300) nor more than five hundred dollars 16
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 17
both. The minimum fine for this violation shall not be subject to suspension. A 18
minimum of six (6) points shall be assessed against the driving record of any person 19
convicted. 20
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 21
($15) in excess of the cost of the repair of the road. 22
(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 23
twenty dollars ($20) nor more than fifty dollars ($50). 24
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 25
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 26
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty-27 UNOFFICIAL COPY 23 RS BR 464
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five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 1
not less than thirty (30) days nor more than twelve (12) months, or both. 2
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty-3
five dollars ($35) nor more than one hundred dollars ($100). 4
(10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a 5
Class B misdemeanor. 6
(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 7
thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 8
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 9
this section shall, in the case of a public highway, be paid into the county road fund, 10
and, in the case of a privately owned road or bridge, be paid to the owner. These 11
fines shall not bar an action for damages for breach of contract. 12
(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not 13
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 14
offense. 15
(14) Any person who violates any provision of KRS 189.575 shall be fined not less than 16
twenty dollars ($20) nor more than twenty-five dollars ($25). 17
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 18
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 19
(16) Any person who violates restrictions or regulations established by the secretary of 20
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 21
be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 22
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 23
imprisoned for thirty (30) days, or both. 24
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 25
of a Class B misdemeanor. 26
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 27 UNOFFICIAL COPY 23 RS BR 464
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case of violation by any person in whose name the vehicle used in the 1
transportation of inflammable liquids or explosives is licensed, the person 2
shall be fined not less than one hundred dollars ($100) nor more than five 3
hundred dollars ($500). Each violation shall constitute a separate offense. 4
(18) Any person who abandons a vehicle upon the right-of-way of a state highway for 5
three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor 6
more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 7
nor more than thirty (30) days. 8
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 9
unless the offense is being committed by a defendant fleeing the commission of a 10
felony offense which the defendant was also charged with violating and was 11
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 12
(20) Any law enforcement agency which fails or refuses to forward the reports required 13
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 14
(21) A person who operates a bicycle in violation of the administrative regulations 15
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 16
nor more than one hundred dollars ($100). 17
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred 18
dollars ($500) or imprisoned for not more than six (6) months, or both. 19
(23) Any person who violates KRS 189.754 shall be fined not less than twenty-five 20
dollars ($25) nor more than three hundred dollars ($300). 21
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 22
dollars ($50). 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, the fee imposed pursuant to KRS 24A.1765, 25
or any other additional fees or costs. 26
(25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a 27 UNOFFICIAL COPY 23 RS BR 464
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uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 1
For a violation on or after July 1, 2009, the person shall be fined thirty dollars 2
($30). This fine shall be subject to prepayment. A fine imposed under this 3
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 4
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 5
any other additional fees or costs. A person who has not been previously charged 6
with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 7
the requirements of KRS 189.125. Upon presentation of sufficient proof of the 8
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 9
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 10
amount not to exceed twenty-five dollars ($25). This fine shall be subject to 11
prepayment. A fine imposed under this subsection shall not be subject to court costs 12
pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee 13
imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 14
(27) Fines levied pursuant to this chapter shall be assessed in the manner required by 15
KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall 16
be governed by KRS 534.020 and 534.060. 17
(28) A licensed driver under the age of eighteen (18) charged with a moving violation 18
pursuant to this chapter as the driver of a motor vehicle may be referred, prior to 19
trial, by the court to a diversionary program. The diversionary program under this 20
subsection shall consist of one (1) or both of the following: 21
(a) Execution of a diversion agreement which prohibits the driver from operating 22
a vehicle for a period not to exceed forty-five (45) days and which allows the 23
court to retain the driver's operator's license during this period; and 24
(b) Attendance at a driver improvement clinic established pursuant to KRS 25
186.574. If the person completes the terms of this diversionary program 26
satisfactorily the violation shall be dismissed. 27 UNOFFICIAL COPY 23 RS BR 464
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(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall 1
be fined two hundred fifty dollars ($250). The fines and costs for a violation of 2
subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 3
accordance with KRS 24A.180. Once deposited into the State Treasury, ninety 4
percent (90%) of the fine collected under this subsection shall immediately be 5
forwarded to the personal care assistance program under KRS 205.900 to 205.920. 6
Ten percent (10%) of the fine collected under this subsection shall annually be 7
returned to the county where the violation occurred and distributed equally to all 8
law enforcement agencies within the county. 9
(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars 10
($25) for the first offense and fifty dollars ($50) for each subsequent offense. 11
(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 12
hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 13
imposed under this subsection shall not be subject to court costs pursuant to KRS 14
24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 15
KRS 24A.1765, or any other additional fees or costs. 16