UNOFFICIAL COPY 23 RS BR 22
Page 1 of 14
XXXX 10/18/2022 9:57 AM Jacketed
AN ACT relating to operating a motor vehicle. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 189.292 is amended to read as follows: 3
(1) As used in this section:[,] 4
(a) "Operating a motor vehicle": 5
1. Means to operate a motor vehicle on a highway, including while 6
temporarily stationary because of traffic, a traffic control device, or 7
other momentary delays and circumstances; and 8
2. Does not include a circumstance in which the vehicle has pulled over 9
to the side of, or off, an active roadway and has stopped in a location 10
where it can safely remain stationary; 11
(b) "Personal communication device" means a portable device capable of two (2) 12
way audio or text communication that emits an audible signal, vibrates, 13
displays a message, or otherwise summons or delivers communication to the 14
possessor, including but not limited to: 15
1. A paging device; 16
2. A text-messaging device; 17
3. A stand-alone computer; 18
4. A tablet; 19
5. A laptop; 20
6. A notebook computer; 21
7. A personal digital assistant; 22
8. A global positioning system receiver; 23
9. A telephone; 24
10. A device capable of displaying a video, movie, broadcast television 25
image, or visual image; 26
11. Any substantially similar wireless device that is used to initiate or 27 UNOFFICIAL COPY 23 RS BR 22
Page 2 of 14
XXXX 10/18/2022 9:57 AM Jacketed
receive communication, information, or data; or[ and a] 1
12 A cellular telephone; 2
(c) "Stand-alone electronic device" means a portable device other than a 3
personal communication device that stores audio or video data files to be 4
retrieved on demand by a user; and 5
(d) 1. "Use" or "uses" means: 6
a. Holding a personal communication device or stand-alone 7
electronic device in either or both hands or with any other body 8
part; 9
b. Reaching for a personal communication device or stand-alone 10
electronic device in a manner that requires the driver to no 11
longer be in a seated driving position or properly restrained by a 12
safety belt; 13
c. Watching a video, movie, or live broadcast on a personal 14
communication device or stand-alone electronic device other 15
than viewing data mapping related to the navigation of the motor 16
vehicle or the static background on the personal communication 17
device; 18
d. Recording, posting, sending, or broadcasting a video, including a 19
video conference, or a still photograph on a personal 20
communication device or a stand-alone electronic device. This 21
prohibition shall not apply to electronic devices used for the sole 22
purpose of continuously recording or broadcasting a video 23
within or outside of the motor vehicle; 24
e. Reading from or manually entering data into a personal 25
communication device, including doing so for the purposes of 26
single messaging service (SMS) texting, e-mailing, instant 27 UNOFFICIAL COPY 23 RS BR 22
Page 3 of 14
XXXX 10/18/2022 9:57 AM Jacketed
messaging, social media interaction, or engaging in any other 1
form of electronic data retrieval or electronic data 2
communications; or 3
f. Manually inputting information into a global positioning or 4
navigation system that is physically mounted or electronically 5
integrated into the motor vehicle; and 6
2. "Use" or "uses" does not mean: 7
a. Utilizing an earpiece, headphone device, or device worn on a 8
wrist to conduct a voice-based communication; 9
b. Pressing a single button to activate, deactivate, or initiate a 10
feature or function of the device with a single touch or single 11
swipe, except those functions specified in subparagraph 1. of this 12
paragraph; 13
c. Utilizing of a personal communication device to automatically 14
convert a voice-based communication to be sent as a message in 15
a written form; 16
d. Utilizing, by voice-based communication, a global positioning or 17
navigation system that is physically mounted or electronically 18
integrated into the motor vehicle; or 19
e. Operating a radio, citizens band radio, citizens band radio 20
hybrid, commercial two (2) way radio communication device or 21
its functional equivalent, subscription-based emergency 22
communication device, prescribed medical device, amateur or 23
ham radio device, or in-vehicle security or remote diagnostics 24
system. 25
(2) Except as provided in subsection (3) of this section, a[ no] person shall not use a 26
personal communication device or stand-alone electronic device[,] while 27 UNOFFICIAL COPY 23 RS BR 22
Page 4 of 14
XXXX 10/18/2022 9:57 AM Jacketed
operating a motor vehicle[ that is in motion on the traveled portion of a roadway, 1
write, send, or read text-based communication using a personal communication 2
device to manually communicate with any person using text-based communication, 3
including but not limited to communications referred to as a text message, instant 4
message, or electronic mail]. 5
(3) Subsection (2) of this section shall not apply to: 6
(a) [The use of a global positioning system feature of a personal communication 7
device; 8
(b) The use of a global positioning or navigation system that is physically or 9
electronically integrated into the motor vehicle; 10
(c) The reading, selecting, or entering of a telephone number or name in a 11
personal communication device for the purpose of making a phone call; 12
(d) ]An operator of an emergency or public safety vehicle, when the use of a 13
personal communication device is an essential function of the operator's 14
official duties; [or] 15
(b)[(e)] An[The] operator of a motor vehicle who uses[ writes a text message 16
on] a personal communication device to: 17
1. Report illegal activity; 18
2. Summon medical help; 19
3. Summon a law enforcement or public safety agency; or 20
4. Prevent injury to a person or property; or 21
(c) An operator of a school bus, who shall instead be subject to the provisions 22
of KRS 281A.205. 23
(4) This section shall not prohibit the operation of a motor vehicle while using a 24
device that is accessible through an interface that is embedded in a motor vehicle 25
that allows communication without the use of either of the driver's hands, except 26
to activate, deactivate, or initiate the feature or function of the device with a 27 UNOFFICIAL COPY 23 RS BR 22
Page 5 of 14
XXXX 10/18/2022 9:57 AM Jacketed
single touch or swipe. 1
(5) The secretary of the Transportation Cabinet may promulgate administrative 2
regulations pursuant to KRS Chapter 13A to implement the provisions of this 3
section, including but not limited to updates or advances in the automotive and 4
information technology industries. 5
Section 2. KRS 189.294 is amended to read as follows: 6
(1) As used in this section, the following terms["personal communication device" 7
shall] have the same meaning as [defined ]in KRS 189.292: 8
(a) "Operating a motor vehicle"; 9
(b) "Personal communication device"; and 10
(c) "Stand-alone electronic device". 11
(2) Any person under the age of eighteen (18) who has been issued an instruction 12
permit, intermediate license, or operator's license shall not use a personal 13
communication device or stand-alone electronic device in any manner, including 14
hands-free operation permitted under Section 1 of this Act, while 15
operating[operate] a motor vehicle, [motorcycle, or moped that is in motion on the 16
traveled portion of a roadway while using a personal communication device, 17
]except to summon medical help or a law enforcement or public safety agency in an 18
emergency situation. 19
(3) [Use of a personal communication device does not include a stand-alone global 20
positioning system, a global positioning or navigation system that is physically or 21
electronically integrated into the motor vehicle, or an in-vehicle security, 22
diagnostics, and communications system, but does include manually entering 23
information into the global positioning system feature of a personal communication 24
device. 25
(4) This section shall not apply to the use of a citizens band radio or an amateur radio 26
by a motor vehicle operator. 27 UNOFFICIAL COPY 23 RS BR 22
Page 6 of 14
XXXX 10/18/2022 9:57 AM Jacketed
(5) ]The secretary of the Transportation Cabinet may promulgate administrative 1
regulations pursuant to KRS Chapter 13A to implement the provisions of this 2
section, including but not limited to updates or advances in the automotive and 3
information technology industries. 4
Section 3. KRS 189.990 is amended to read as follows: 5
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 6
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to 7
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 8
(4) of KRS 189.190, KRS 189.200, 189.285, 189.290, 189.300 to 189.360, KRS 9
189.380, KRS 189.400 to 189.430, KRS 189.450 to 189.458, KRS 189.4595 to 10
189.480, subsection (1) of KRS 189.520, KRS 189.540, KRS 189.570 to 189.590, 11
except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 189.345, subsection (6) of 12
KRS 189.456, and 189.960 shall be fined not less than twenty dollars ($20) nor 13
more than one hundred dollars ($100) for each offense. Any person who violates 14
subsection (1)(a) of KRS 189.580 shall be fined not less than twenty dollars ($20) 15
nor more than two thousand dollars ($2,000) or imprisoned in the county jail for not 16
more than one (1) year, or both, unless the accident involved death or serious 17
physical injury and the person knew or should have known of the death or serious 18
physical injury, in which case the person shall be guilty of a Class D felony. Any 19
person who violates paragraph (c) of subsection (5) of KRS 189.390 shall be fined 20
not less than eleven dollars ($11) nor more than thirty dollars ($30). Neither court 21
costs nor fees shall be taxed against any person violating paragraph (c) of 22
subsection (5) of KRS 189.390. 23
(2) (a) Any person who violates the weight provisions of KRS 189.212, 189.221, 24
189.222, 189.226, 189.230, 189.270, or 189.2713 shall be fined two cents 25
($0.02) per pound for each pound of excess load when the excess is five 26
thousand (5,000) pounds or less. When the excess exceeds five thousand 27 UNOFFICIAL COPY 23 RS BR 22
Page 7 of 14
XXXX 10/18/2022 9:57 AM Jacketed
(5,000) pounds the fine shall be two cents ($0.02) per pound for each pound of 1
excess load, but the fine levied shall not be less than one hundred dollars 2
($100) and shall not be more than five hundred dollars ($500). 3
(b) Any person who violates the provisions of KRS 189.271 and is operating on a 4
route designated on the permit shall be fined one hundred dollars ($100); 5
otherwise, the penalties in paragraph (a) of this subsection shall apply. 6
(c) Any person who violates any provision of subsection (2) or (3) of KRS 7
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 8
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 9
another penalty is not specifically provided shall be fined not less than ten 10
dollars ($10) nor more than five hundred dollars ($500). 11
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 12
on a route designated in KRS 177.986 shall be fined one hundred dollars 13
($100). 14
2. Any person who operates a vehicle with a permit under KRS 177.985 in 15
excess of eighty thousand (80,000) pounds while operating on a route 16
not designated in KRS 177.986 shall be fined one thousand dollars 17
($1,000). 18
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 19
prejudice or affect the authority of the Department of Vehicle Regulation to 20
suspend or revoke certificates of common carriers, permits of contract 21
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 22
to 189.228 or any other act applicable to motor vehicles, as provided by law. 23
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 24
more than fifteen dollars ($15). 25
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 26
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 27 UNOFFICIAL COPY 23 RS BR 22
Page 8 of 14
XXXX 10/18/2022 9:57 AM Jacketed
(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 1
less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 2
(b) Any peace officer who fails, when properly informed, to enforce KRS 189.210 3
shall be fined not less than twenty-five dollars ($25) nor more than one 4
hundred dollars ($100). 5
(c) All fines collected under this subsection, after payment of commissions to 6
officers entitled thereto, shall go to the county road fund if the offense is 7
committed in the county, or to the city street fund if committed in the city. 8
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less 9
than one hundred dollars ($100) nor more than two hundred dollars ($200) or 10
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 11
each subsequent offense occurring within three (3) years, the person shall be fined 12
not less than three hundred dollars ($300) nor more than five hundred dollars ($500) 13
or imprisoned not less than sixty (60) days nor more than six (6) months, or both. 14
The minimum fine for this violation shall not be subject to suspension. A minimum 15
of six (6) points shall be assessed against the driving record of any person 16
convicted. 17
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 18
($15) in excess of the cost of the repair of the road. 19
(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 20
twenty dollars ($20) nor more than fifty dollars ($50). 21
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 22
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 23
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty-24
five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 25
not less than thirty (30) days nor more than twelve (12) months, or both. 26
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty-27 UNOFFICIAL COPY 23 RS BR 22
Page 9 of 14
XXXX 10/18/2022 9:57 AM Jacketed
five dollars ($35) nor more than one hundred dollars ($100). 1
(10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a 2
Class B misdemeanor. 3
(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 4
thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 5
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 6
this section shall, in the case of a public highway, be paid into the county road fund, 7
and, in the case of a privately owned road or bridge, be paid to the owner. These 8
fines shall not bar an action for damages for breach of contract. 9
(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not 10
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 11
offense. 12
(14) Any person who violates any provision of KRS 189.575 shall be fined not less than 13
twenty dollars ($20) nor more than twenty-five dollars ($25). 14
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 15
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 16
(16) Any person who violates restrictions or regulations established by the secretary of 17
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 18
be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 19
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 20
imprisoned for thirty (30) days, or both. 21
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 22
of a Class B misdemeanor. 23
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 24
case of violation by any person in whose name the vehicle used in the 25
transportation of inflammable liquids or explosives is licensed, the person 26
shall be fined not less than one hundred dollars ($100) nor more than five 27 UNOFFICIAL COPY 23 RS BR 22
Page 10 of 14
XXXX 10/18/2022 9:57 AM Jacketed
hundred dollars ($500). Each violation shall constitute a separate offense. 1
(18) Any person who abandons a vehicle upon the right-of-way of a state highway for 2
three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor 3
more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 4
nor more than thirty (30) days. 5
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 6
unless the offense is being committed by a defendant fleeing the commission of a 7
felony offense which the defendant was also charged with violating and was 8
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 9
(20) Any law enforcement agency which fails or refuses to forward the reports required 10
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 11
(21) A person who operates a bicycle in violation of the administrative regulations 12
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 13
nor more than one hundred dollars ($100). 14
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred 15
dollars ($500) or imprisoned for not more than six (6) months, or both. 16
(23) Any person who violates KRS 189.754 shall be fined not less than twenty-five 17
dollars ($25) nor more than three hundred dollars ($300). 18
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 19
dollars ($50). This fine shall be subject to prepayment. A fine imposed under this 20
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 21
court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 22
or any other additional fees or costs. 23
(25) Any person who violates the provisions of KRS 189.125(3)(b) shall [not be issued a 24
uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 25
For a violation on or after July 1, 2009, the person shall] be fined thirty dollars 26
($30). This fine shall be subject to prepayment. A fine imposed under this 27 UNOFFICIAL COPY 23 RS BR 22
Page 11 of 14
XXXX 10/18/2022 9:57 AM Jacketed
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 1
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 2
any other additional fees or costs. A person who has not been previously charged 3
with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 4
the requirements of KRS 189.125. Upon presentation of sufficient proof of the 5
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 6
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 7
amount not to exceed twenty-five dollars ($25). This fine shall be subject to 8
prepayment. A fine imposed under this subsection shall not be subject to court costs 9
pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee 10
imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 11
(27) Fines levied pursuant to this chapter shall be assessed in the manner required by 12
KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall 13
be governed by KRS 534.020 and 534.060. 14
(28) A licensed driver under the age of eighteen (18) charged with a moving violation 15
pursuant to this chapter as the driver of a motor vehicle may be referred, prior to 16
trial, by the court to a diversionary program. The diversionary program under this 17
subsection shall consist of one (1) or both of the following: 18
(a) Execution of a diversion agreement which prohibits the driver from operating 19
a vehicle for a period not to exceed forty-five (45) days and which allows the 20
court to retain the driver's operator's license during this period; and 21
(b) Attendance at a driver improvement clinic established pursuant to KRS 22
186.574. If the person completes the terms of this diversionary program 23
satisfactorily the violation shall be dismissed. 24
(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall 25
be fined two hundred fifty dollars ($250). The fines and costs for a violation of 26
subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 27 UNOFFICIAL COPY 23 RS BR 22
Page 12 of 14
XXXX 10/18/2022 9:57 AM Jacketed
accordance with KRS 24A.180. Once deposited into the State Treasury, ninety 1
percent (90%) of the fine collected under this subsection shall immediately be 2
forwarded to the personal care assistance program under KRS 205.900 to 205.920. 3
Ten percent (10%) of the fine collected under this subsection shall annually be 4
returned to the county where the violation occurred and distributed equally to all 5
law enforcement agencies within the county. 6
(30) (a) Prior to January 1, 2024, any person who violates KRS 189.292 or 189.294 7
shall not be issued a uniform citation, but shall instead receive a courtesy 8
warning. On or after January 1, 2024, any person who violates Section 1 or 9
2 of this Act shall be fined: 10
1. Except as provided in paragraph (b) of this subsection, not less than 11
fifty dollars ($50) nor more than one hundred dollars ($100) for a first 12
or second offense;[twenty-five dollars ($25) for the first offense and 13
fifty dollars ($50) for each subsequent offense.] 14
2. Not less than one hundred dollars ($100) nor more than one hundred 15
ninety-nine dollars ($199) for a third or subsequent offense, or if the 16
violation results in an accident; and 17
3. Not less than two hundred dollars ($200) nor more than two hundred 18
fifty dollars ($250) if the violation occurs: 19
a. In a work zone when employees of the department or 20
construction workers are present; or 21
b. In a marked school zone when any warning flasher is in 22
operation. 23
(b) Except as prohibited under KRS 281A.185 for a person who holds or is 24
required to hold a commercial driver's license, for a first offense of any type 25
under this subsection, regardless of the circumstances of the offense, a 26
person may choose to attend a state traffic school established pursuant to 27 UNOFFICIAL COPY 23 RS BR 22
Page 13 of 14
XXXX 10/18/2022 9:57 AM Jacketed
KRS 186.574 in lieu of paying a fine. 1
(c) In addition to the penalties prescribed in this subsection, three (3) points shall be 2
assessed against the driving record of any person who violates paragraph (a)2. or 3
3. of this subsection. 4
(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 5
hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 6
imposed under this subsection shall not be subject to court costs pursuant to KRS 7
24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 8
KRS 24A.1765, or any other additional fees or costs. 9
Section 4. KRS 189.2327 is amended to read as follows: 10
(1) Subject to the requirements of subsection (2) of this section, and except as provided 11
in subsection (30) of Section 3 of this Act, if a violation of KRS 189.290 to 12
189.580 or 189.910 to 189.960 occurred in a highway work zone, the fine 13
established under KRS 189.394, 189.990, or 189.993 shall be doubled. 14
(2) In order for a fine to be doubled under this section, the highway work zone must 15
have: 16
(a) Signs displayed informing drivers of the existence of a highway work zone 17
and that fines are doubled in it; and 18
(b) At least one (1) bona fide worker present. 19
(3) All fines collected for violations in a highway work zone under subsection (1) of 20
this section shall be deposited into a separate trust and agency account within the 21
Transportation Cabinet known as the "highway work zone safety fund." The 22
highway work zone safety fund shall be used exclusively by the Transportation 23
Cabinet to hire or pay for enhanced law enforcement of traffic laws within highway 24
work zones. 25
SECTION 5. A NEW SECTION OF KRS CHAPTER 281A IS CREATED TO 26
READ AS FOLLOWS: 27 UNOFFICIAL COPY 23 RS BR 22
Page 14 of 14
XXXX 10/18/2022 9:57 AM Jacketed
A person who holds or is required to hold a commercial driver's license shall be subject 1
to Section 1 of this Act. However, if the penalties under federal regulation for conduct 2
prohibited under Section 1 of this Act are more stringent than the penalties outlined in 3
Section 3 of this Act, the person shall be subject to the penalties under federal 4
regulation. 5
Section 6. This Act may be cited as the Phone-Down Kentucky Act. 6