Kentucky 2023 2023 Regular Session

Kentucky Senate Bill SB60 Engrossed / Bill

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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 SB 60/GA 
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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 SB 60/GA 
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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 SB 60/GA 
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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 SB 60/GA 
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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 SB 60/GA 
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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 SB 60/GA 
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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 SB 60/GA 
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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 not be required to obtain a 23 
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 SB 60/GA 
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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, the resident, or the resident's spouse or dependents, may: 14 
(a) Update his or her license electronically or by mail to include a motorcycle 15 
operator's endorsement on an existing operator's license; or 16 
(b) Renew a Class D operator's license issued under this section by mail. If the 17 
resident, or his or her spouse or dependents, was issued an "under 21" 18 
operator's license, upon the date of the license holder's twenty-first birthday, 19 
the "under 21" operator's license may be renewed for an operator's license that 20 
no longer contains the outdated reference to being "under 21."  21 
(2) A resident of the Commonwealth renewing an operator's license by mail under 22 
subsection (1) of this section may have a personal designee apply to the cabinet on 23 
behalf of the resident to renew the resident's operator's license. An operator's 24 
license for which an endorsement is being added electronically or by mail, or 25 
which is being renewed by mail under subsection (1) of this section shall be issued 26 
a license bearing the applicant's historical photo if there is a photo on file. If there is 27  UNOFFICIAL COPY  	23 RS SB 60/GA 
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no photo on file, the license shall be issued without a photograph and shall show in 1 
the space provided for the photograph the legend "valid without photo and 2 
signature." 3 
(3) (a) 1. If a resident of the Commonwealth has been serving in the United States 4 
military stationed or assigned to a base or other location outside the 5 
boundaries of the Commonwealth and has allowed his or her operator's 6 
license to expire, he or she shall, within ninety (90) days of returning to 7 
the Commonwealth, be permitted to renew his or her license without 8 
having to take a written test or road test. 9 
2. The spouse or dependent of a person identified in subparagraph 1. of 10 
this paragraph shall be afforded the same consideration identified in that 11 
subparagraph regarding the renewal of an expired operator's license. 12 
(b) A person who meets the criteria in paragraph (a) of this subsection shall not 13 
be convicted or cited for driving on an expired license prior to license renewal 14 
during the ninety (90) days after the person's return to the Commonwealth if 15 
the person can provide proof of his or her out-of-state service and dates of 16 
assignment. 17 
(c) A person who meets the criteria in paragraph (a) of this subsection and who 18 
does not renew his or her license within ninety (90) days of returning to the 19 
Commonwealth shall be required to comply with the provisions of this 20 
chapter governing renewal of a license that has expired. 21 
(d) If a resident of the Commonwealth has been issued an "under 21" or "under 22 
21 CDL" operator's license and the person is unable to renew the license on 23 
the date of his or her twenty-first birthday, the "under 21" or "under 21 CDL" 24 
operator's license shall be valid for ninety (90) days beyond the date of the 25 
person's twenty-first birthday. 26 
(4) (a) Any person who served in the active Armed Forces of the United States, 27  UNOFFICIAL COPY  	23 RS SB 60/GA 
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including the Coast Guard, and any member of the National Guard or Reserve 1 
Component who completed the member's term of service and was released, 2 
separated, discharged, or retired therefrom under either an honorable 3 
discharge or a general under honorable conditions discharge may, at the time 4 
of initial application or application for renewal or duplicate, request that an 5 
operator's license or a personal identification card issued under this chapter 6 
bear the word "veteran" on the face or the back of the license or personal 7 
identification card. 8 
(b) The designation shall be in a style and format considered appropriate by the 9 
Transportation Cabinet. Prior to obtaining a designation requested under this 10 
subsection, the applicant shall present to the cabinet as proof of eligibility, an 11 
original or copy of his or her: 12 
1. Unexpired Veteran Identification Card or Veteran Health Identification 13 
Card issued by the United States Department of Veterans Affairs; 14 
2. DD-2, DD-214, DD-256, DD-257, or NGB-22 form; or 15 
3. Unexpired Geneva Conventions Identification Card issued by the United 16 
States Department of Defense. 17 
The cabinet shall not be liable for fraudulent or misread forms presented. 18 
(5) The cabinet shall promulgate administrative regulations in accordance with KRS 19 
Chapter 13A to establish forms and procedures for facilitating the addition of a 20 
motorcycle endorsement to an existing operator's license, both electronically and 21 
by mail, in accordance with subsection (1) of this section. 22