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AN ACT relating to automated motor vehicle speed enforcement. 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 primarily responsible for traffic 6
control at a particular intersection or that law enforcement agency's designee; 7
(2) "Owner" means the registered owner of a motor vehicle or a lessee of a motor 8
vehicle under a lease of six (6) months or more, but shall not include a motor 9
vehicle rental or leasing company or holder of a motor vehicle dealer plate issued 10
under KRS 186.053; 11
(3) "Recorded images" means images recorded by an automated speed enforcement 12
system or traffic control signal monitoring system: 13
(a) On two (2) or more photographs, microphotographs, or electronic images, 14
or on videotape or any other medium; and 15
(b) Showing the rear of a motor vehicle, and on at least one (1) image or 16
portion of tape, clearly identifying the registration plate number of the 17
vehicle; 18
(4) "Automated speed enforcement system" means a fixed or mobile radar or laser 19
system, or any other electronic device with one (1) or more vehicle sensors to 20
produce recorded images of a motor vehicle that exceeds a designated speed 21
measured in miles per hour; and 22
(5) "Traffic control signal monitoring system" means a device with one (1) or more 23
vehicle sensors working in conjunction with a traffic control signal to produce 24
recorded images of a motor vehicle entering an intersection against a red signal 25
indication. 26
SECTION 2. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 27 UNOFFICIAL COPY 23 RS BR 343
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READ AS FOLLOWS: 1
(1) Unless the operator of a motor vehicle received a citation from a police officer at 2
the time of the violation, the operator of a motor vehicle is subject to a civil 3
penalty if the motor vehicle is recorded by an automated speed enforcement 4
system or traffic control signal monitoring system while in violation of Section 5 5
or 6 of this Act. 6
(2) First-time violations of Section 5 or 6 of this Act shall be subject to a civil penalty 7
of fifty dollars ($50). Forty-five dollars ($45) of the revenue generated from the 8
civil penalty shall be retained by the local government and five dollars ($5) shall 9
be sent to the Administrative Office of the Courts. 10
(3) Upon second or subsequent violations, the operator of a motor vehicle shall be 11
subject to a civil penalty of seventy-five dollars ($75). Seventy dollars ($70) of the 12
revenue generated from the civil penalty shall be retained by the local 13
government and five dollars ($5) shall be sent to the Administrative Office of the 14
Courts. 15
(4) To carry out the purposes of this section, the Administrative Office of the Courts, 16
in consultation with the Transportation Cabinet, shall prescribe a uniform civil 17
citation form, which shall include: 18
(a) The name and address of the registered owner of the vehicle; 19
(b) The name and address of the operator of the vehicle, if different from the 20
owner; 21
(c) The violation charged; 22
(d) The date, time, and location of the violation; 23
(e) The amount of the civil penalty imposed; 24
(f) The date by which the civil penalty should be paid; and 25
(g) A warning that failure to pay the civil penalty imposed or to contest the 26
matter in a timely manner is an admission of liability and shall result in the 27 UNOFFICIAL COPY 23 RS BR 343
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suspension of the motor vehicle's registration. 1
(5) An agency shall mail to the owner of a vehicle liable under subsection (1) of this 2
section: 3
(a) A uniform civil citation as described in subsection (4) of this section; 4
(b) A copy of the recorded images; and 5
(c) A signed, sworn statement by a technician employed by the agency that, 6
based on inspection of the recorded images, the motor vehicle was being 7
operated in violation of Section 5 or 6 of this Act. This statement may be 8
admissible in any proceeding alleging a violation under this section. 9
(6) An agency may mail a warning notice instead of a citation to the owner of a 10
vehicle liable under subsection (1) of this section. 11
(7) Except as provided for in subsection (2) of Section 3 of this Act, a citation shall 12
be mailed no later than fourteen (14) days after the alleged violation. 13
(8) A person who received a citation under this section may: 14
(a) Pay the civil penalty in accordance with the instructions on the citation 15
directly to the District Court; or 16
(b) Elect to stand trial for the alleged violation. 17
SECTION 3. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) The court may consider in defense of a violation under Section 2 of this Act, that: 20
(a) The operator of the vehicle passed through the intersection in violation of 21
subsection (2) of Section 5 of this Act in order to yield right-of-way to an 22
emergency vehicle, at the direction of a peace officer, or as a part of a 23
funeral procession; 24
(b) Section 2 of this Act is not enforceable for a violation because at the time 25
and place of the violation, the traffic control signal was not in the proper 26
position and discernible enough to be seen by an ordinarily observant 27 UNOFFICIAL COPY 23 RS BR 343
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individual; 1
(c) The motor vehicle registration plates were stolen before the violation 2
occurred and were not under the control or possession of the owner at the 3
time of the violation; and 4
(d) The person named in the citation was not operating the vehicle at the time 5
of the violation. A person named in a citation who uses this defense shall 6
identify, at a minimum, the operator's name and address. 7
(2) If the District Court finds that the person named in the citation was not operating 8
the vehicle at the time of the violation, the clerk of the District Court shall provide 9
the agency issuing the citation a copy of any evidence substantiating who was 10
operating the vehicle at the time of the violation. Upon receipt of substantiating 11
evidence from the District Court, the agency may issue a citation under Section 2 12
of this Act to the person the evidence indicated was operating the vehicle at the 13
time of the violation. The agency shall issue the citation within fourteen (14) days 14
of receipt of the evidence from the District Court. 15
SECTION 4. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 16
READ AS FOLLOWS: 17
(1) If a person refuses to pay the civil penalty imposed under Section 2 of this Act 18
and does not contest the violation, the Transportation Cabinet shall suspend the 19
registration of the vehicle, when notified by the District Court, until the civil 20
penalty is paid. 21
(2) A violation under Section 2 of this Act shall not result in points assessed against 22
the driving record of the operator of the vehicle in violation. 23
Section 5. KRS 189.231 is amended to read as follows: 24
(1) The secretary of transportation may install and maintain traffic control devices upon 25
state-maintained highways in such manner as is reasonably necessary to promote 26
the safety and convenience of the traveling public. 27 UNOFFICIAL COPY 23 RS BR 343
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(2) The driver of any vehicle shall obey the instructions of any official traffic control 1
device applicable thereto unless otherwise directed by a traffic or police officer, 2
subject to the exceptions granted the driver of an authorized emergency vehicle. 3
(3) The secretary of transportation may restrict or regulate traffic upon state-maintained 4
highways in such a manner as is reasonably necessary to promote the safety of the 5
traveling public. 6
(4) Law enforcement agencies may use traffic control signal monitoring systems as 7
defined in Section 1 of this Act to enforce civil penalties for violation of 8
subsection (2) of this section. 9
Section 6. KRS 189.390 is amended to read as follows: 10
(1) As used in this section, unless the context requires otherwise: 11
(a) "Business district" means the territory contiguous to and including a highway 12
if, within six hundred (600) feet along the highway, there are buildings in use 13
for business or industrial purposes that occupy three hundred (300) feet of 14
frontage on one (1) side or three hundred (300) feet collectively on both sides 15
of the highway; 16
(b) "Residential district" means the territory contiguous to and including a 17
highway not comprising a business district if the property on the highway for 18
a distance of three hundred (300) feet or more is improved with residences or 19
residences and buildings in use for business; and 20
(c) "State highway" means a highway or street maintained by the Kentucky 21
Department of Highways. 22
(2) An operator of a vehicle upon a highway shall not drive at a greater speed than is 23
reasonable and prudent, having regard for the traffic and for the condition and use 24
of the highway. 25
(3) The speed limit for motor vehicles on state highways shall be as follows, unless 26
conditions exist that require lower speed for compliance with subsection (2) of this 27 UNOFFICIAL COPY 23 RS BR 343
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section, or the secretary of the Transportation Cabinet establishes a different speed 1
limit in accordance with subsection (4) of this section: 2
(a) Sixty-five (65) miles per hour on interstate highways and parkways; 3
(b) Fifty-five (55) miles per hour on all other state highways; and 4
(c) Thirty-five (35) miles per hour in a business or residential district. 5
(4) (a) If the secretary of transportation determines, upon the basis of an engineering 6
and traffic investigation, that any speed limit is greater or less than is 7
reasonable or safe under the conditions found to exist at any intersection, or 8
upon any part of a state highway, the secretary of transportation may establish 9
by official order a reasonable and safe speed limit at the location. The 10
secretary shall not increase any speed limit established by subsection (3) of 11
this section in excess of sixty-five (65) miles per hour, except that, 12
notwithstanding the provisions of subsection (3)(a) of this section, the 13
secretary may increase the speed limit on any of the following segments of 14
highway to seventy (70) miles per hour: 15
1. Interstate 24 (entire length); 16
2. Interstate 64 from Interstate 264 to the West Virginia state line; 17
3. Interstate 65 from Interstate 264 to the Tennessee state line; 18
4. Interstate 69 (entire length); 19
5. Interstate 71 from Interstate 264 to Interstate 275; 20
6. Interstate 75 from the Tennessee state line to Interstate 275; 21
7. Interstate 165 (entire length); 22
8. The Audubon Parkway (entire length); 23
9. The Julian M. Carroll Purchase Parkway (entire length); 24
10. The Bert T. Combs Mountain Parkway (entire length); 25
11. The Bert T. Combs Mountain Parkway Extension (entire length); 26
12. The Edward T. Breathitt Pennyrile Parkway (entire length); 27 UNOFFICIAL COPY 23 RS BR 343
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13. The Wendell H. Ford Western Kentucky Parkway (entire length); 1
14. The Louie B. Nunn Cumberland Expressway (entire length); 2
15. The Martha Layne Collins Bluegrass Parkway (entire length); and 3
16. The William H. Natcher Parkway (entire length). 4
(b) In a highway work zone, the Transportation Cabinet may temporarily reduce 5
established speed limits without an engineering or traffic investigation. A 6
speed limit established under this paragraph shall become effective when and 7
where posted. The Transportation Cabinet shall post signs notifying the 8
traveling public of the temporary highway work zone maximum speed limit. 9
Nothing in this paragraph shall be construed to prevent the Transportation 10
Cabinet from using moveable or portable speed limit signs in highway work 11
zones. 12
(5) (a) A city or a county may by ordinance establish speed limits within its own 13
jurisdiction, except as provided in paragraph (b) of this subsection. 14
(b) The alteration of speed limits on state highways within a city or a county shall 15
not be effective until the alteration has been approved by the secretary of 16
transportation. The secretary shall not approve any alteration that could 17
increase any speed limit established by subsection (3)(b) or (c) of this section 18
in excess of fifty-five (55) miles per hour. 19
(c) If a county determines, upon the basis of an engineering and traffic 20
investigation and study, that it is unsafe to park motor vehicles on or along 21
any highway, other than a state highway, within the unincorporated areas of 22
the county, or that in any business district the congestion of traffic justifies a 23
reasonable limitation on the length of time any one (1) motor vehicle is 24
permitted to park in such district so as to reduce the congestion, the fiscal 25
court may by ordinance establish "no parking" areas on the highway, or limit 26
the length of time any motor vehicle may be parked in any business district. 27 UNOFFICIAL COPY 23 RS BR 343
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(6) The speed limit for motor vehicles in an off-street parking facility offered for public 1
use, whether publicly or privately owned, shall be fifteen (15) miles per hour. 2
(7) Except as outlined in KRS 189.940, a person shall not drive a motor vehicle at a 3
speed that will impede or block the normal and reasonable movement of traffic, 4
except when reduced speed is necessary for safe operation or in compliance with 5
law. 6
(8) In every charge for a violation of any speed limit specified in this section, the 7
warrant or citation shall specify the speed at which the defendant is alleged to have 8
driven, and the lawful speed limit applicable at the location where the violation is 9
charged to have occurred. 10
(9) Law enforcement agencies may use automated speed enforcement systems as 11
defined in Section 1 of this Act to enforce civil penalties for violation of any speed 12
limit specified in this section on any highway that is not a limited access highway. 13
Section 7. KRS 189.394 is amended to read as follows: 14
(1) The fines for speeding in violation of KRS 189.390 shall be: 15
Mph. Prima Facie or Maximum Speed 16
Over 17
Limit 15 20 25 30 35 40 45 50 55 60 65 70 Fine 18
1 16 21 26 31 36 41 46 51 56 61 66 71 $1 19
2 17 22 27 32 37 42 47 52 57 62 67 72 2 20
3 18 23 28 33 38 43 48 53 58 63 68 73 3 21
4 19 24 29 34 39 44 49 54 59 64 69 74 4 22
5 20 25 30 35 40 45 50 55 60 65 70 75 5 23
6 21 26 31 36 41 46 51 56 61 66 71 76 16 24
7 22 27 32 37 42 47 52 57 62 67 72 77 17 25
8 23 28 33 38 43 48 53 58 63 68 73 78 18 26
9 24 29 34 39 44 49 54 59 64 69 74 79 19 27
10 25 30 35 40 45 50 55 60 65 70 75 80 20 28
11 26 31 36 41 46 51 56 61 66 71 76 81 22 29
12 27 32 37 42 47 52 57 62 67 72 77 82 24 30
13 28 33 38 43 48 53 58 63 68 73 78 83 26 31
14 29 34 39 44 49 54 59 64 69 74 79 84 28 32
15 30 35 40 45 50 55 60 65 70 75 80 85 30 33
16 31 36 41 46 51 56 61 66 71 76 81 32 34 UNOFFICIAL COPY 23 RS BR 343
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17 32 37 42 47 52 57 62 67 72 77 82 34 1
18 33 38 43 48 53 58 63 68 73 78 83 36 2
19 34 39 44 49 54 59 64 69 74 79 84 38 3
20 35 40 45 50 55 60 65 70 75 80 85 40 4
21 36 41 46 51 56 61 66 71 43 5
22 37 42 47 52 57 62 67 72 46 6
23 38 43 48 53 58 63 68 73 49 7
24 39 44 49 54 59 64 69 74 52 8
25 40 45 50 55 60 65 70 75 55 9
(2) For speeding in excess of the speeds shown on the specific fine schedule the fine 10
shall be not less than sixty dollars ($60) nor more than one hundred dollars ($100). 11
(3) For any violation shown on the chart for which a specific fine is prescribed, the 12
defendant may elect to pay the fine and court costs to the circuit clerk before the 13
date of his trial or to be tried in the normal manner. Payment of the fine and court 14
costs to the clerk shall be considered as a plea of guilty for all purposes. 15
(4) If the offense charged shows a speed in excess of the speeds shown on the specific 16
fine schedule the defendant shall appear for trial and may not pay the fine to the 17
clerk before the trial date. 18
(5) If the offense occurred in an area near a school where flasher lights have been 19
installed and are flashing, and a speed limit has been set pursuant to KRS 189.336, 20
the fine established by subsection (1) or (2) of this section shall be doubled. 21
(6) A civil penalty may be levied in accordance with Sections 1 to 4 of this Act on a 22
person who violates Section 6 of this Act. 23
Section 8. KRS 189.990 is amended to read as follows: 24
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 25
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to 26
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 27
(4) of KRS 189.190, KRS 189.200, 189.285, 189.290, 189.300 to 189.360, KRS 28
189.380, KRS 189.400 to 189.430, KRS 189.450 to 189.458, KRS 189.4595 to 29
189.480, subsection (1) of KRS 189.520, KRS 189.540, KRS 189.570 to 189.590, 30 UNOFFICIAL COPY 23 RS BR 343
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except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 189.345, subsection (6) of 1
KRS 189.456, and 189.960 shall be fined not less than twenty dollars ($20) nor 2
more than one hundred dollars ($100) for each offense. Any person who violates 3
subsection (1)(a) of KRS 189.580 shall be fined not less than twenty dollars ($20) 4
nor more than two thousand dollars ($2,000) or imprisoned in the county jail for not 5
more than one (1) year, or both, unless the accident involved death or serious 6
physical injury and the person knew or should have known of the death or serious 7
physical injury, in which case the person shall be guilty of a Class D felony. Any 8
person who violates paragraph (c) of subsection (5) of KRS 189.390 shall be fined 9
not less than eleven dollars ($11) nor more than thirty dollars ($30). Neither court 10
costs nor fees shall be taxed against any person violating paragraph (c) of 11
subsection (5) of KRS 189.390. 12
(2) (a) Any person who violates the weight provisions of KRS 189.212, 189.221, 13
189.222, 189.226, 189.230, 189.270, or 189.2713 shall be fined two cents 14
($0.02) per pound for each pound of excess load when the excess is five 15
thousand (5,000) pounds or less. When the excess exceeds five thousand 16
(5,000) pounds the fine shall be two cents ($0.02) per pound for each pound 17
of excess load, but the fine levied shall not be less than one hundred dollars 18
($100) and shall not be more than five hundred dollars ($500). 19
(b) Any person who violates the provisions of KRS 189.271 and is operating on a 20
route designated on the permit shall be fined one hundred dollars ($100); 21
otherwise, the penalties in paragraph (a) of this subsection shall apply. 22
(c) Any person who violates any provision of subsection (2) or (3) of KRS 23
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 24
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 25
another penalty is not specifically provided shall be fined not less than ten 26
dollars ($10) nor more than five hundred dollars ($500). 27 UNOFFICIAL COPY 23 RS BR 343
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(d) 1. Any person who violates the provisions of KRS 177.985 while operating 1
on a route designated in KRS 177.986 shall be fined one hundred dollars 2
($100). 3
2. Any person who operates a vehicle with a permit under KRS 177.985 in 4
excess of eighty thousand (80,000) pounds while operating on a route 5
not designated in KRS 177.986 shall be fined one thousand dollars 6
($1,000). 7
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 8
prejudice or affect the authority of the Department of Vehicle Regulation to 9
suspend or revoke certificates of common carriers, permits of contract 10
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 11
to 189.228 or any other act applicable to motor vehicles, as provided by law. 12
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 13
more than fifteen dollars ($15). 14
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 15
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 16
(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 17
less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 18
(b) Any peace officer who fails, when properly informed, to enforce KRS 19
189.210 shall be fined not less than twenty-five dollars ($25) nor more than 20
one hundred dollars ($100). 21
(c) All fines collected under this subsection, after payment of commissions to 22
officers entitled thereto, shall go to the county road fund if the offense is 23
committed in the county, or to the city street fund if committed in the city. 24
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less 25
than one hundred dollars ($100) nor more than two hundred dollars ($200) or 26
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 27 UNOFFICIAL COPY 23 RS BR 343
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each subsequent offense occurring within three (3) years, the person shall be fined 1
not less than three hundred dollars ($300) nor more than five hundred dollars 2
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 3
both. The minimum fine for this violation shall not be subject to suspension. A 4
minimum of six (6) points shall be assessed against the driving record of any person 5
convicted. 6
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 7
($15) in excess of the cost of the repair of the road. 8
(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 9
twenty dollars ($20) nor more than fifty dollars ($50). 10
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 11
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 12
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty-13
five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 14
not less than thirty (30) days nor more than twelve (12) months, or both. 15
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty-16
five dollars ($35) nor more than one hundred dollars ($100). 17
(10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a 18
Class B misdemeanor. 19
(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 20
thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 21
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 22
this section shall, in the case of a public highway, be paid into the county road fund, 23
and, in the case of a privately owned road or bridge, be paid to the owner. These 24
fines shall not bar an action for damages for breach of contract. 25
(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not 26
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 27 UNOFFICIAL COPY 23 RS BR 343
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offense. 1
(14) Any person who violates any provision of KRS 189.575 shall be fined not less than 2
twenty dollars ($20) nor more than twenty-five dollars ($25). 3
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 4
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. A 5
civil penalty may be levied in accordance with Sections 1 to 4 of this Act on a 6
person who violates subsection (2) of Section 5 of this Act. 7
(16) Any person who violates restrictions or regulations established by the secretary of 8
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 9
be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 10
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 11
imprisoned for thirty (30) days, or both. 12
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 13
of a Class B misdemeanor. 14
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 15
case of violation by any person in whose name the vehicle used in the 16
transportation of inflammable liquids or explosives is licensed, the person 17
shall be fined not less than one hundred dollars ($100) nor more than five 18
hundred dollars ($500). Each violation shall constitute a separate offense. 19
(18) Any person who abandons a vehicle upon the right-of-way of a state highway for 20
three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor 21
more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 22
nor more than thirty (30) days. 23
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 24
unless the offense is being committed by a defendant fleeing the commission of a 25
felony offense which the defendant was also charged with violating and was 26
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 27 UNOFFICIAL COPY 23 RS BR 343
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(20) Any law enforcement agency which fails or refuses to forward the reports required 1
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 2
(21) A person who operates a bicycle in violation of the administrative regulations 3
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 4
nor more than one hundred dollars ($100). 5
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred 6
dollars ($500) or imprisoned for not more than six (6) months, or both. 7
(23) Any person who violates KRS 189.754 shall be fined not less than twenty-five 8
dollars ($25) nor more than three hundred dollars ($300). 9
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 10
dollars ($50). This fine shall be subject to prepayment. A fine imposed under this 11
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 12
court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 13
or any other additional fees or costs. 14
(25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a 15
uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 16
For a violation on or after July 1, 2009, the person shall be fined thirty dollars 17
($30). This fine shall be subject to prepayment. A fine imposed under this 18
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 19
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 20
any other additional fees or costs. A person who has not been previously charged 21
with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 22
the requirements of KRS 189.125. Upon presentation of sufficient proof of the 23
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 24
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 25
amount not to exceed twenty-five dollars ($25). This fine shall be subject to 26
prepayment. A fine imposed under this subsection shall not be subject to court costs 27 UNOFFICIAL COPY 23 RS BR 343
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pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee 1
imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 2
(27) Fines levied pursuant to this chapter shall be assessed in the manner required by 3
KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall 4
be governed by KRS 534.020 and 534.060. 5
(28) A licensed driver under the age of eighteen (18) charged with a moving violation 6
pursuant to this chapter as the driver of a motor vehicle may be referred, prior to 7
trial, by the court to a diversionary program. The diversionary program under this 8
subsection shall consist of one (1) or both of the following: 9
(a) Execution of a diversion agreement which prohibits the driver from operating 10
a vehicle for a period not to exceed forty-five (45) days and which allows the 11
court to retain the driver's operator's license during this period; and 12
(b) Attendance at a driver improvement clinic established pursuant to KRS 13
186.574. If the person completes the terms of this diversionary program 14
satisfactorily the violation shall be dismissed. 15
(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall 16
be fined two hundred fifty dollars ($250). The fines and costs for a violation of 17
subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 18
accordance with KRS 24A.180. Once deposited into the State Treasury, ninety 19
percent (90%) of the fine collected under this subsection shall immediately be 20
forwarded to the personal care assistance program under KRS 205.900 to 205.920. 21
Ten percent (10%) of the fine collected under this subsection shall annually be 22
returned to the county where the violation occurred and distributed equally to all 23
law enforcement agencies within the county. 24
(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars 25
($25) for the first offense and fifty dollars ($50) for each subsequent offense. 26
(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 27 UNOFFICIAL COPY 23 RS BR 343
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hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 1
imposed under this subsection shall not be subject to court costs pursuant to KRS 2
24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 3
KRS 24A.1765, or any other additional fees or costs. 4