UNOFFICIAL COPY 23 RS BR 1052 Page 1 of 11 XXXX 1/31/2023 12:31 PM Jacketed AN ACT relating to the operation of a motorcycle. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 176.5062 is amended to read as follows: 3 (1) The motorcycle safety education program shall offer motorcycle rider training 4 courses designed to develop and instill the knowledge, attitudes, habits, and skills 5 necessary for the proper operation of a motorcycle. The courses shall be taught by 6 instructors approved under KRS 176.5063 and shall include no fewer than eight (8) 7 hours of hands-on instruction for a novice course. 8 (2) Rider training courses shall be open to a resident of any state who is eligible for a 9 motor vehicle instruction permit in the person's home state. 10 (3) Rider training courses shall be provided free of charge to applicants under eighteen 11 (18) years of age. 12 (4) The cabinet shall issue certificates of completion in a manner and form prescribed 13 by administrative regulations promulgated pursuant to KRS Chapter 13A to persons 14 who satisfactorily complete the requirements of a motorcycle rider training course 15 offered or authorized by the state program. 16 (5) The Transportation Cabinet shall exempt applicants for a motorcycle instruction 17 permit or operator's[driver's] license or endorsement from the written test for a 18 motorcycle instruction permit and the skills[licensing skill] test for a motorcycle 19 operator's license if the applicant presents[they present] satisfactory evidence of 20 successful completion of an approved rider training course that includes a similar 21 test of knowledge and skills[skill]. Applicants under this subsection who 22 successfully completed their testing on a three (3) wheeled motorcycle shall be 23 subject to the restrictions outlined in KRS 186.480(3). 24 (6) (a) The Motorcycle Safety Education Commission shall publish a list of approved 25 rider training courses which meet the licensing requirements. 26 (b) The Motorcycle Safety Education Commission shall publish a list of approved 27 UNOFFICIAL COPY 23 RS BR 1052 Page 2 of 11 XXXX 1/31/2023 12:31 PM Jacketed instructor training courses which meet the licensing requirements. 1 Section 2. KRS 186.480 (Effective until July 1, 2024) is amended to read as 2 follows: 3 (1) The Department of Kentucky State Police shall examine every applicant for an 4 operator's license as identified in KRS 186.635, except as otherwise provided in this 5 section. The examination shall be held in the county where the applicant resides 6 unless: 7 (a) The applicant is granted written permission by the Transportation Cabinet to 8 take the examination in another county, and the Department of Kentucky State 9 Police agree to arrange for the examination in the other county; or 10 (b) The applicant is tested using a bioptic telescopic device. 11 (2) The examination shall include a test of the applicant's eyesight to ensure 12 compliance with the visual acuity standards set forth in KRS 186.577. The 13 examination shall also include a test of the applicant's ability to read and understand 14 highway signs regulating, warning, and directing traffic, the applicant's knowledge 15 of traffic laws, and an actual demonstration of the applicant's ability to exercise 16 ordinary and reasonable control in the operation of a motor vehicle. The provisions 17 of this subsection shall not apply to an applicant who: 18 (a) At the time of application, holds a valid operator's license from another state, 19 provided that state affords a reciprocal exemption to a Kentucky resident; 20 (b) At the time of application for a motorcycle instruction permit or motorcycle 21 operator's license, presents evidence of successful completion of an 22 approved rider training course under Section 1 of this Act; or 23 (c)[(b)] Is a citizen of the Commonwealth who has been serving in the United 24 States military and has allowed his or her operator's license to expire. 25 (3) In addition to the requirements of subsection (2) of this section, an applicant for a 26 motorcycle operator's license who does not present evidence of successful 27 UNOFFICIAL COPY 23 RS BR 1052 Page 3 of 11 XXXX 1/31/2023 12:31 PM Jacketed completion of an approved rider training course under Section 1 of this Act shall 1 be required to show his or her ability to operate a motorcycle. An applicant who 2 successfully completes the skills portion of the test under this subsection on a: 3 (a) Three (3) wheeled motorcycle shall be issued a motorcycle operator's license 4 restricted to the operation of three (3) wheeled motorcycles under KRS 5 186.447; or 6 (b) Two (2) wheeled motorcycle shall be issued a motorcycle operator's license 7 without the restriction identified in KRS 186.447, and may operate both two 8 (2) and three (3) wheeled motorcycles. 9 (4) Any person whose intermediate license or operator's license is denied, suspended, 10 or revoked for cause shall apply for reinstatement at the termination of the period 11 for which the license was denied, suspended, or revoked by submitting to the 12 examination. The provisions of this subsection shall not apply to any person whose 13 license was suspended for failure to meet the conditions described in KRS 186.411 14 when, within one (1) year of suspension, the driving privileges of such individuals 15 are reinstated. 16 (5) An applicant shall not use an autocycle for any road skills testing administered 17 under the provisions of this section. 18 Section 3. KRS 186.480 (Effective July 1, 2024) is amended to read as follows: 19 (1) The Department of Kentucky State Police shall examine every applicant for an 20 operator's license as identified in KRS 186.635, except as otherwise provided in this 21 section. The examination shall be held in the county where the applicant resides 22 unless: 23 (a) The applicant is granted written permission by the Transportation Cabinet to 24 take the examination in another county; or 25 (b) The applicant is tested using a bioptic telescopic device. 26 (2) The examination shall include a test of the applicant's eyesight to ensure 27 UNOFFICIAL COPY 23 RS BR 1052 Page 4 of 11 XXXX 1/31/2023 12:31 PM Jacketed compliance with the visual acuity and visual field standards set forth in KRS 1 186.577. The vision testing outlined in this subsection shall be administered under 2 the provisions established in KRS 186.577 at, or prior to, the time of application. 3 The examination shall also include a test of the applicant's ability to read and 4 understand highway signs regulating, warning, and directing traffic, the applicant's 5 knowledge of traffic laws, and an actual demonstration of the applicant's ability to 6 exercise ordinary and reasonable control in the operation of a motor vehicle. The 7 provisions of this subsection shall not apply to an applicant who: 8 (a) At the time of application, holds a valid operator's license from another state, 9 provided that state affords a reciprocal exemption to a Kentucky resident; 10 (b) At the time of application for a motorcycle instruction permit or motorcycle 11 operator's license, presents evidence of successful completion of an 12 approved rider training course under Section 1 of this Act; or 13 (c)[(b)] Is a citizen of the Commonwealth who has been serving in the United 14 States military and has allowed his or her operator's license to expire. 15 (3) In addition to the requirements of subsection (2) of this section, an applicant for a 16 motorcycle operator's license who does not present evidence of successful 17 completion of an approved rider training course under Section 1 of this Act shall 18 be required to show his or her ability to operate a motorcycle. An applicant who 19 successfully completes the skills portion of the test under this subsection on a: 20 (a) Three (3) wheeled motorcycle shall be issued a motorcycle operator's license 21 restricted to the operation of three (3) wheeled motorcycles under KRS 22 186.447; or 23 (b) Two (2) wheeled motorcycle shall be issued a motorcycle operator's license 24 without the restriction identified in KRS 186.447, and may operate both two 25 (2) and three (3) wheeled motorcycles. 26 (4) Any person whose intermediate license or operator's license is denied, suspended, 27 UNOFFICIAL COPY 23 RS BR 1052 Page 5 of 11 XXXX 1/31/2023 12:31 PM Jacketed or revoked for cause shall apply for reinstatement at the termination of the period 1 for which the license was denied, suspended, or revoked by submitting to the 2 examination. The provisions of this subsection shall not apply to any person whose 3 license was suspended for failure to meet the conditions described in KRS 186.411 4 when, within one (1) year of suspension, the driving privileges of such individuals 5 are reinstated. 6 (5) An applicant shall not use an autocycle for road skills testing administered under 7 the provisions of this section. 8 Section 4. KRS 186.450 is amended to read as follows: 9 (1) A person who is at least sixteen (16) years of age may apply for an instruction 10 permit to operate a motor vehicle. Except as provided in subsection (9) of this 11 section, a person who possesses a valid intermediate motor vehicle operator's 12 license issued under KRS 186.452 or a person who is at least eighteen (18) years of 13 age may apply for an instruction permit to operate a motorcycle. A holder of either 14 a motor vehicle or motorcycle instruction permit may also operate a moped under 15 that permit. A person applying for an instruction permit under this section shall 16 make application to the Transportation Cabinet. A person applying for an 17 instruction permit shall be required to comply with the following: 18 (a) If the person is under the age of eighteen (18), the instruction permit 19 application shall be signed by the applicant's parent or legal guardian. If the 20 person does not have a living parent or does not have a legal guardian, the 21 instruction permit application shall be signed by a person willing to assume 22 responsibility for the applicant pursuant to KRS 186.590; 23 (b) If the person is under the age of eighteen (18) and in the custody of the 24 Cabinet for Health and Family Services, the instruction permit application 25 shall be signed by: 26 1. The applicant's parent, legal guardian, grandparent, adult sibling, aunt, 27 UNOFFICIAL COPY 23 RS BR 1052 Page 6 of 11 XXXX 1/31/2023 12:31 PM Jacketed or uncle if the parental rights have not been terminated in accordance 1 with KRS Chapter 625; 2 2. The foster parent with whom the applicant resides; 3 3. Another person who is at least age eighteen (18) and is willing to 4 assume responsibility for the applicant pursuant to KRS 186.590; or 5 4. The applicant, without another person, upon verification by the Cabinet 6 for Health and Family Services in accordance with KRS 605.102 that 7 shall include proof of financial responsibility in accordance with KRS 8 186.590(2); and 9 (c) All applicants for an instruction permit shall comply with the examinations 10 required by KRS 186.480. 11 (2) If an applicant successfully passes the examinations required by KRS 186.480, the 12 applicant shall be issued an instruction permit upon payment of the fee set forth in 13 KRS 186.531. 14 (3) (a) An instruction permit to operate a motor vehicle shall be valid for three (3) 15 years and may be renewed. An instruction permit to operate a motorcycle 16 shall be valid for one (1) year and may be renewed one (1) time. 17 (b) Except as provided in KRS 186.415, a person who has attained the age of 18 sixteen (16) years and is under the age of eighteen (18) years shall have the 19 instruction permit a minimum of one hundred eighty (180) days before 20 applying for an intermediate license and shall have an intermediate license for 21 a minimum of one hundred eighty (180) days before applying for an 22 operator's license. 23 (c) A person who was under eighteen (18) years of age at the time of application 24 for an instruction permit and is eighteen (18) years of age or older shall have 25 the instruction permit a minimum of one hundred eighty (180) days and 26 complete a driver training program under KRS 186.410(4) before applying for 27 UNOFFICIAL COPY 23 RS BR 1052 Page 7 of 11 XXXX 1/31/2023 12:31 PM Jacketed an operator's license. 1 (d) A person who is at least eighteen (18) years of age and is under the age of 2 twenty-one (21) years at the time of application for an instruction permit shall 3 have the instruction permit a minimum of one hundred eighty (180) days 4 before applying for an operator's license. 5 (e) A person who is at least twenty-one (21) years of age at the time of 6 application for an instruction permit shall have the instruction permit a 7 minimum of thirty (30) days before applying for an operator's license. 8 (f) In accordance with KRS 176.5062(5), a person whose motorcycle instruction 9 permit has expired may apply to the cabinet to receive a motorcycle operator's 10 license or endorsement if the person presents proof of successful completion 11 of a motorcycle safety education course approved by the Transportation 12 Cabinet under KRS 176.5061 to 176.5069. 13 (4) (a) A person shall have the instruction permit in his or her possession at all times 14 when operating a motor vehicle, motorcycle, or moped upon the highway. 15 (b) When operating a motor vehicle, a motor vehicle instruction permit holder 16 shall be accompanied by a person with a valid operator's license who is at 17 least twenty-one (21) years of age occupying the seat beside the operator at all 18 times. 19 (c) The requirements of paragraph (b) of this subsection shall not apply to a 20 motor vehicle instruction permit holder being supervised on a multiple-21 vehicle driving range by a driver training instructor affiliated with a driver 22 training school licensed under KRS Chapter 332 or a public or nonpublic 23 secondary school. 24 (5) A person with an instruction permit who is under the age of eighteen (18) shall not 25 operate a motor vehicle, motorcycle, or moped between the hours of 12 midnight 26 and 6 a.m. unless the person can demonstrate good cause for driving, including but 27 UNOFFICIAL COPY 23 RS BR 1052 Page 8 of 11 XXXX 1/31/2023 12:31 PM Jacketed not limited to emergencies, involvement in school-related activities, or involvement 1 in work-related activities. 2 (6) Except when accompanied by a driver training instructor affiliated with a driver 3 training school licensed under KRS Chapter 332 or a public or nonpublic secondary 4 school, a person with an instruction permit who is under the age of eighteen (18) 5 years shall not operate a motor vehicle at any time when accompanied by more than 6 one (1) unrelated person who is under the age of twenty (20) years. A peace officer 7 shall not stop or seize a person nor issue a uniform citation for a violation of this 8 subsection if the officer has no other cause to stop or seize the person other than a 9 violation of this subsection. This subsection shall not apply to any operator of a 10 vehicle registered under the provisions of KRS 186.050(4) who is engaged in 11 agricultural activities. 12 (7) A violation under subsection (4), (5), or (6) of this section, a conviction for a 13 moving violation under KRS Chapter 189 for which points are assessed by the 14 cabinet, or a conviction for a violation of KRS 189A.010(1) shall add an additional 15 minimum of one hundred eighty (180) days from the date of the violation before a 16 person who is under the age of eighteen (18) years may apply for an intermediate 17 license to operate a motor vehicle, motorcycle, or moped. 18 (8) A person under the age of eighteen (18) who accumulates more than six (6) points 19 against his or her driving privilege may have the driving privilege suspended 20 pursuant to KRS Chapter 186 or probated by the court. 21 (9) An applicant who presents evidence of successful completion of an approved 22 rider training course under Section 1 of this Act shall be not be required to obtain 23 a motorcycle instruction permit prior to obtaining a motorcycle operator's license. 24 (10) The Transportation Cabinet shall promulgate administrative regulations, in 25 accordance with KRS Chapter 13A, to establish procedures for: 26 (a) Minors who reside with individuals in informal guardianship arrangements to 27 UNOFFICIAL COPY 23 RS BR 1052 Page 9 of 11 XXXX 1/31/2023 12:31 PM Jacketed have an adult who resides with them sign the minor's application and assume 1 responsibility in accordance with subsection (1) of this section; 2 (b) Individuals who have signed for responsibility under subsection (1) of this 3 section to rescind that assumption of responsibility; 4 (c) Notifying minors when an adult has rescinded responsibility under subsection 5 (1) of this section; and 6 (d) Allowing minors for whom an adult has rescinded responsibility under 7 subsection (1) of this section, to obtain a new signature of an individual 8 assuming responsibility without having to retake any examinations the minor 9 has successfully passed. 10 Section 5. KRS 186.416 is amended to read as follows: 11 (1) If a resident of the Commonwealth currently serving in the United States military is 12 stationed or assigned to a base or other location outside the boundaries of the 13 Commonwealth:[,] 14 (a) The resident may update his or her license electronically or by mail to 15 include a motorcycle operator's endorsement on an existing operator's 16 license; or 17 (b) The resident, or the resident's spouse or dependents, may renew a Class D 18 operator's license issued under this section by mail. If the resident, or his or 19 her spouse or dependents, was issued an "under 21" operator's license, upon 20 the date of the license holder's twenty-first birthday, the "under 21" operator's 21 license may be renewed for an operator's license that no longer contains the 22 outdated reference to being "under 21." 23 (2) A resident of the Commonwealth renewing an operator's license by mail under 24 subsection (1) of this section may have a personal designee apply to the cabinet on 25 behalf of the resident to renew the resident's operator's license. An operator's 26 license for which an endorsement is being added electronically or by mail, or 27 UNOFFICIAL COPY 23 RS BR 1052 Page 10 of 11 XXXX 1/31/2023 12:31 PM Jacketed which is being renewed by mail under subsection (1) of this section shall be issued 1 a license bearing the applicant's historical photo if there is a photo on file. If there is 2 no photo on file, the license shall be issued without a photograph and shall show in 3 the space provided for the photograph the legend "valid without photo and 4 signature." 5 (3) (a) 1. If a resident of the Commonwealth has been serving in the United States 6 military stationed or assigned to a base or other location outside the 7 boundaries of the Commonwealth and has allowed his or her operator's 8 license to expire, he or she shall, within ninety (90) days of returning to 9 the Commonwealth, be permitted to renew his or her license without 10 having to take a written test or road test. 11 2. The spouse or dependent of a person identified in subparagraph 1. of 12 this paragraph shall be afforded the same consideration identified in that 13 subparagraph regarding the renewal of an expired operator's license. 14 (b) A person who meets the criteria in paragraph (a) of this subsection shall not 15 be convicted or cited for driving on an expired license prior to license renewal 16 during the ninety (90) days after the person's return to the Commonwealth if 17 the person can provide proof of his or her out-of-state service and dates of 18 assignment. 19 (c) A person who meets the criteria in paragraph (a) of this subsection and who 20 does not renew his or her license within ninety (90) days of returning to the 21 Commonwealth shall be required to comply with the provisions of this 22 chapter governing renewal of a license that has expired. 23 (d) If a resident of the Commonwealth has been issued an "under 21" or "under 24 21 CDL" operator's license and the person is unable to renew the license on 25 the date of his or her twenty-first birthday, the "under 21" or "under 21 CDL" 26 operator's license shall be valid for ninety (90) days beyond the date of the 27 UNOFFICIAL COPY 23 RS BR 1052 Page 11 of 11 XXXX 1/31/2023 12:31 PM Jacketed person's twenty-first birthday. 1 (4) (a) Any person who served in the active Armed Forces of the United States, 2 including the Coast Guard, and any member of the National Guard or Reserve 3 Component who completed the member's term of service and was released, 4 separated, discharged, or retired therefrom under either an honorable 5 discharge or a general under honorable conditions discharge may, at the time 6 of initial application or application for renewal or duplicate, request that an 7 operator's license or a personal identification card issued under this chapter 8 bear the word "veteran" on the face or the back of the license or personal 9 identification card. 10 (b) The designation shall be in a style and format considered appropriate by the 11 Transportation Cabinet. Prior to obtaining a designation requested under this 12 subsection, the applicant shall present to the cabinet as proof of eligibility, an 13 original or copy of his or her: 14 1. Unexpired Veteran Identification Card or Veteran Health Identification 15 Card issued by the United States Department of Veterans Affairs; 16 2. DD-2, DD-214, DD-256, DD-257, or NGB-22 form; or 17 3. Unexpired Geneva Conventions Identification Card issued by the United 18 States Department of Defense. 19 The cabinet shall not be liable for fraudulent or misread forms presented. 20 (5) The cabinet shall promulgate administrative regulations in accordance with KRS 21 Chapter 13A to establish forms and procedures for facilitating the addition of a 22 motorcycle endorsement to an existing operator's license, both electronically and 23 by mail, in accordance with subsection (1) of this section. 24