UNOFFICIAL COPY 23 RS BR 105
Page 1 of 11
XXXX 1/27/2023 2:40 PM Jacketed
AN ACT relating to the operation of a 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) Vehicles overtaking other vehicles proceeding in the same direction shall pass to 4
the left of them and shall not again drive to the right until reasonably clear of those 5
vehicles. Vehicles overtaking streetcars may pass either to the right or left when so 6
directed by a police officer, when on a one (1) way street or where the location of 7
the tracks prevents compliance with this section, with regard for other traffic. 8
(2) (a) Vehicles overtaking a bicycle or electric low-speed scooter proceeding in the 9
same direction shall: 10
1. If there is more than one (1) lane for traffic proceeding in the same 11
direction, move the vehicle to the immediate left, if the lane is available 12
and moving in the lane is reasonably safe; or 13
2. If there is only one (1) lane for traffic proceeding in the same direction, 14
pass to the left of the bicycle or electric low-speed scooter at a distance 15
of not less than three (3) feet between any portion of the vehicle and the 16
bicycle or electric low-speed scooter and maintain that distance until 17
safely past the overtaken bicycle or electric low-speed scooter. If space 18
on the roadway is not available to have a minimum distance of three (3) 19
feet between the vehicle and the bicycle or electric low-speed scooter, 20
then the driver of the passing vehicle shall use reasonable caution in 21
passing the bicyclist or electric low-speed scooter operator. 22
(b) The driver of a motor vehicle may drive to the left of the center of a roadway, 23
including when a no-passing zone is marked in accordance with subsection 24
(6) of this section, to pass a person operating a bicycle or electric low-speed 25
scooter only if the roadway to the left of the center is unobstructed for a 26
sufficient distance to permit the driver to pass the person operating the bicycle 27 UNOFFICIAL COPY 23 RS BR 105
Page 2 of 11
XXXX 1/27/2023 2:40 PM Jacketed
or electric low-speed scooter safely and avoid interference with oncoming 1
traffic. This paragraph does not authorize driving on the left side of the center 2
of the roadway when otherwise prohibited under state law. 3
(c) The operator of a bicycle or electric low-speed scooter shall not ride more 4
than two (2) abreast on a single highway lane unless operating on any part of 5
the roadway marked exclusively for bicycle use. Persons riding two (2) 6
abreast shall not impede the normal and reasonable movement of traffic. 7
(3) The operator of a vehicle may overtake and pass upon the right of another vehicle 8
only under the following conditions: 9
(a) When the vehicle overtaken is making or about to make a left turn; or 10
(b) Upon a roadway with unobstructed pavement of sufficient width for two (2) 11
or more lines of vehicles moving lawfully in the direction being traveled by 12
the overtaking vehicle. 13
(4) The operator of a vehicle may overtake and pass another vehicle upon the right only 14
under conditions permitting the passing[such movements] in safety, and[. Such 15
movement] shall not be made by driving off the roadway, unless the vehicle being 16
passed is at[passing vehicle comes to] a complete stop and the passing[such 17
movement] may be made safely. 18
(5) No vehicle shall be driven to the left side of the center of the roadway in overtaking 19
and passing another vehicle proceeding in the same direction unless the left side is 20
clearly visible and free of oncoming traffic for a sufficient distance ahead to permit 21
overtaking and passing to be completely made without interfering with the safe 22
operation of any vehicle approaching from the opposite direction or any vehicle 23
overtaken. In every event, the overtaking vehicle must return to the right-hand side 24
of the roadway before coming within two hundred (200) feet of any vehicle 25
approaching from the opposite direction. 26
(6) The commissioner of highways is hereby authorized to determine those portions of 27 UNOFFICIAL COPY 23 RS BR 105
Page 3 of 11
XXXX 1/27/2023 2:40 PM Jacketed
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[such] zones, and when[ such] signs 3
or markings are in place and clearly visible to an ordinarily observant person, every 4
driver of a vehicle shall obey the directions thereof, except as provided for in 5
subsection (2)(b) of this section. 6
(7) Whenever any roadway has been divided into three (3) clearly marked lanes for 7
travel, the following additional rules shall apply: 8
(a) A vehicle shall be driven as nearly as may be practical entirely within a single 9
lane and shall not be moved from that lane until the driver has first ascertained 10
that the movement can be made with safety; 11
(b) A vehicle shall not be driven in the center lane except when overtaking and 12
passing another vehicle where the roadway is clearly visible and the center 13
lane is clear of traffic within a safe distance, or in preparation for a left turn or 14
where a center lane is at the time allocated exclusively to traffic moving in the 15
direction in which the vehicle is proceeding and is signposted to give notice of 16
the allocation; and 17
(c) Official signs may be erected directing slow-moving traffic to use a 18
designated lane or allocating specified lanes to traffic moving in the same 19
direction and operators of vehicles shall obey the directions of these[such] 20
signs. 21
(8) On[A vehicle shall not be driven in the left lane of] any limited access highway of 22
four (4) lanes or more with a posted speed limit of at least sixty-five (65) miles per 23
hour, a person shall not operate a vehicle: 24
(a) In the left-most lane, except in overtaking a slower vehicle, yielding to traffic 25
coming onto the[such a] highway, or when traffic conditions exist which 26
would prohibit safe use of the right or center lanes; or 27 UNOFFICIAL COPY 23 RS BR 105
Page 4 of 11
XXXX 1/27/2023 2:40 PM Jacketed
(b) 1. Except as provided in subparagraph 2. of this paragraph, in the left-1
most lane at a speed lower than the posted maximum speed limit, if 2
another vehicle is overtaking the operator's vehicle from the rear. 3
2. Subparagraph 1. of this paragraph shall not apply when: 4
a. Traffic conditions or congestion make it necessary to operate a 5
vehicle in the left-most lane; 6
b. Inclement weather, obstructions, or hazards make it necessary to 7
operate a vehicle in the left-most lane; 8
c. Compliance with a law, a regulation, an ordinance, or a traffic 9
control device makes it necessary to operate a vehicle in the left-10
most lane; 11
d. Exiting a roadway or turning to the left; 12
e. Paying tolls or user fees at a toll collection facility; or 13
f. An emergency vehicle or public safety vehicle, as defined by KRS 14
189.910, is being operated in the course of its duty. 15
(9) (a) Except as provided in paragraph (c) of this subsection, the operator of a motor 16
vehicle shall not follow another vehicle more closely than is reasonable and 17
prudent, having regard for the speed of the vehicle and the traffic upon and 18
condition of the highway. 19
(b) Except as provided in paragraph (c) of this subsection, the operator of any 20
motor truck, semitrailer truck, bus, or heavy construction equipment unit, 21
when traveling upon a highway outside of a business or residential district, 22
shall not follow within two hundred fifty (250) feet of another[ such] vehicle 23
or equipment unit. This subsection shall not prevent overtaking and passing, 24
nor shall it apply to any lane specially designated for use of motor trucks or 25
semitrailer trucks, buses or heavy construction equipment units. 26
(c) Paragraphs (a) and (b) of this subsection shall not apply to a trailing 27 UNOFFICIAL COPY 23 RS BR 105
Page 5 of 11
XXXX 1/27/2023 2:40 PM Jacketed
commercial motor vehicle involved in a platoon as defined in KRS 281.010, 1
but shall apply to the commercial motor vehicle leading a platoon. 2
Section 2. KRS 189.990 is amended to read as follows: 3
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 4
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to 5
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 6
(4) of KRS 189.190, KRS 189.200, 189.285, 189.290, 189.300 to 189.338, 7
subsections (1) to (7) and (9) of Section 1 of this Act, KRS 189.345 to 189.360, 8
KRS 189.380, KRS 189.400 to 189.430, KRS 189.450 to 189.458, KRS 189.4595 9
to 189.480, subsection (1) of KRS 189.520, KRS 189.540, KRS 189.570 to 10
189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 189.345, 11
subsection (6) of KRS 189.456, and 189.960 shall be fined not less than twenty 12
dollars ($20) nor more than one hundred dollars ($100) for each offense. Any 13
person who violates subsection (1)(a) of KRS 189.580 shall be fined not less than 14
twenty dollars ($20) nor more than two thousand dollars ($2,000) or imprisoned in 15
the county jail for not more than one (1) year, or both, unless the accident involved 16
death or serious physical injury and the person knew or should have known of the 17
death or serious physical injury, in which case the person shall be guilty of a Class 18
D felony. Any person who violates paragraph (c) of subsection (5) of KRS 189.390 19
shall be fined not less than eleven dollars ($11) nor more than thirty dollars ($30). 20
Neither court costs nor fees shall be taxed against any person violating paragraph 21
(c) of subsection (5) of KRS 189.390. 22
(2) (a) Any person who violates the weight provisions of KRS 189.212, 189.221, 23
189.222, 189.226, 189.230, 189.270, or 189.2713 shall be fined two cents 24
($0.02) per pound for each pound of excess load when the excess is five 25
thousand (5,000) pounds or less. When the excess exceeds five thousand 26
(5,000) pounds the fine shall be two cents ($0.02) per pound for each pound 27 UNOFFICIAL COPY 23 RS BR 105
Page 6 of 11
XXXX 1/27/2023 2:40 PM Jacketed
of excess load, but the fine levied shall not be less than one hundred dollars 1
($100) and shall not be more than five hundred dollars ($500). 2
(b) Any person who violates the provisions of KRS 189.271 and is operating on a 3
route designated on the permit shall be fined one hundred dollars ($100); 4
otherwise, the penalties in paragraph (a) of this subsection shall apply. 5
(c) Any person who violates any provision of subsection (2) or (3) of KRS 6
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 7
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 8
another penalty is not specifically provided shall be fined not less than ten 9
dollars ($10) nor more than five hundred dollars ($500). 10
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 11
on a route designated in KRS 177.986 shall be fined one hundred dollars 12
($100). 13
2. Any person who operates a vehicle with a permit under KRS 177.985 in 14
excess of eighty thousand (80,000) pounds while operating on a route 15
not designated in KRS 177.986 shall be fined one thousand dollars 16
($1,000). 17
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 18
prejudice or affect the authority of the Department of Vehicle Regulation to 19
suspend or revoke certificates of common carriers, permits of contract 20
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 21
to 189.228 or any other act applicable to motor vehicles, as provided by law. 22
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 23
more than fifteen dollars ($15). 24
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 25
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 26
(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 27 UNOFFICIAL COPY 23 RS BR 105
Page 7 of 11
XXXX 1/27/2023 2:40 PM Jacketed
less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 1
(b) Any peace officer who fails, when properly informed, to enforce KRS 2
189.210 shall be fined not less than twenty-five dollars ($25) nor more than 3
one hundred dollars ($100). 4
(c) All fines collected under this subsection, after payment of commissions to 5
officers entitled thereto, shall go to the county road fund if the offense is 6
committed in the county, or to the city street fund if committed in the city. 7
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less 8
than one hundred dollars ($100) nor more than two hundred dollars ($200) or 9
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 10
each subsequent offense occurring within three (3) years, the person shall be fined 11
not less than three hundred dollars ($300) nor more than five hundred dollars 12
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 13
both. The minimum fine for this violation shall not be subject to suspension. A 14
minimum of six (6) points shall be assessed against the driving record of any person 15
convicted. 16
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 17
($15) in excess of the cost of the repair of the road. 18
(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 19
twenty dollars ($20) nor more than fifty dollars ($50). 20
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 21
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 22
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty-23
five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 24
not less than thirty (30) days nor more than twelve (12) months, or both. 25
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty-26
five dollars ($35) nor more than one hundred dollars ($100). 27 UNOFFICIAL COPY 23 RS BR 105
Page 8 of 11
XXXX 1/27/2023 2:40 PM Jacketed
(10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a 1
Class B misdemeanor. 2
(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 3
thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 4
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 5
this section shall, in the case of a public highway, be paid into the county road fund, 6
and, in the case of a privately owned road or bridge, be paid to the owner. These 7
fines shall not bar an action for damages for breach of contract. 8
(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not 9
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 10
offense. 11
(14) Any person who violates any provision of KRS 189.575 shall be fined not less than 12
twenty dollars ($20) nor more than twenty-five dollars ($25). 13
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 14
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 15
(16) Any person who violates restrictions or regulations established by the secretary of 16
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 17
be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 18
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 19
imprisoned for thirty (30) days, or both. 20
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 21
of a Class B misdemeanor. 22
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 23
case of violation by any person in whose name the vehicle used in the 24
transportation of inflammable liquids or explosives is licensed, the person 25
shall be fined not less than one hundred dollars ($100) nor more than five 26
hundred dollars ($500). Each violation shall constitute a separate offense. 27 UNOFFICIAL COPY 23 RS BR 105
Page 9 of 11
XXXX 1/27/2023 2:40 PM Jacketed
(18) Any person who abandons a vehicle upon the right-of-way of a state highway for 1
three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor 2
more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 3
nor more than thirty (30) days. 4
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 5
unless the offense is being committed by a defendant fleeing the commission of a 6
felony offense which the defendant was also charged with violating and was 7
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 8
(20) Any law enforcement agency which fails or refuses to forward the reports required 9
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 10
(21) A person who operates a bicycle in violation of the administrative regulations 11
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 12
nor more than one hundred dollars ($100). 13
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred 14
dollars ($500) or imprisoned for not more than six (6) months, or both. 15
(23) Any person who violates KRS 189.754 shall be fined not less than twenty-five 16
dollars ($25) nor more than three hundred dollars ($300). 17
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 18
dollars ($50). This fine shall be subject to prepayment. A fine imposed under this 19
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 20
court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 21
or any other additional fees or costs. 22
(25) Any person who violates the provisions of KRS 189.125(3)(b)[ shall not be issued a 23
uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 24
For a violation on or after July 1, 2009, the person] shall be fined thirty dollars 25
($30). This fine shall be subject to prepayment. A fine imposed under this 26
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 27 UNOFFICIAL COPY 23 RS BR 105
Page 10 of 11
XXXX 1/27/2023 2:40 PM Jacketed
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 1
any other additional fees or costs. A person who has not been previously charged 2
with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 3
the requirements of KRS 189.125. Upon presentation of sufficient proof of the 4
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 5
(26) Any person who violates the provisions of KRS 189.125(6) or subsection (8) of 6
Section 1 of this Act shall be fined an amount not to exceed twenty-five dollars 7
($25). 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, the fee imposed pursuant to KRS 24A.1765, 10
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 105
Page 11 of 11
XXXX 1/27/2023 2:40 PM 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) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars 7
($25) for the first offense and fifty dollars ($50) for each subsequent offense. 8
(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 9
hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 10
imposed under this subsection shall not be subject to court costs pursuant to KRS 11
24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 12
KRS 24A.1765, or any other additional fees or costs. 13