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AN ACT relating to motor vehicles. 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
(1) As used in this section: 5
(a) "Local government" means any city, county, urban-county government, 6
consolidated local government, charter county government, or unified local 7
government of the Commonwealth; 8
(b) "Participant" means any person who drives or maintains a motor vehicle 9
used in a racing event; 10
(c) "County roads" has the same meaning as in KRS 178.010(1)(b); 11
(d) "Streets" has the same meaning as in KRS 177.365(4); and 12
(e) "Racing event" means a motor vehicle race which is sanctioned by a 13
nationally or internationally recognized racing organization and includes 14
preparations, practices, and qualifications for the race. 15
(2) A local government may provide permits to allow a racing event within its 16
jurisdiction: 17
(a) On county roads; 18
(b) On streets; or 19
(c) At airports, subject to approval from the relevant airport board. 20
(3) A local government may charge an applicant for a permit under this section: 21
(a) An application fee not to exceed one thousand dollars ($1,000); and 22
(b) The cost of any expenses incurred by the local government to facilitate the 23
racing event. 24
(4) A local government that issues a permit for a racing event shall ensure the 25
applicant for the permit has: 26
(a) Adequate insurance to pay any damages incurred because of loss or injury 27 UNOFFICIAL COPY 23 RS SB 96/EN
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to any person or property; 1
(b) Adequate security, emergency services, and necessary facilities provided 2
during the racing event; and 3
(c) The ability to protect the health, safety, and welfare of the citizens of the 4
local government, the race participants, and those attending the racing 5
event. 6
(5) For the facilitation of a racing event sanctioned under this section, a local 7
government may: 8
(a) Temporarily close roads, streets, alleys, sidewalks, and airport runways; 9
(b) Reroute pedestrian and motor vehicle traffic; and 10
(c) Waive local ordinances and traffic regulations. 11
(6) No less than sixty (60) days prior to a scheduled racing event, a local government 12
shall provide written notice to the Transportation Cabinet of any racing event 13
permit issued under this section. The written notice shall include: 14
(a) The time, date, and location of the racing event; 15
(b) The nationally or internationally recognized racing organization sponsoring 16
the event; 17
(c) A road closure plan that specifies the streets, roads, alleys, sidewalks, and 18
airport runways that will be temporarily closed or obstructed during the 19
racing event; 20
(d) A traffic control plan that specifies the on-site traffic controls and detour 21
routes to be used during the racing event; and 22
(e) The names and phone numbers of emergency and law enforcement contacts 23
overseeing the racing event. 24
(7) The route of a racing event under this section shall not use or cross any state 25
maintained highway. 26
(8) So long as the participants adhere to all requirements and regulations set forth by 27 UNOFFICIAL COPY 23 RS SB 96/EN
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the nationally or internationally recognized racing organization sponsoring the 1
racing event, participants in a racing event under this section shall be exempt 2
from all vehicle equipment and operation standards of this chapter. 3
Section 2. KRS 189.990 is amended to read as follows: 4
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 5
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to 6
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 7
(4) of KRS 189.190, KRS 189.200, 189.285, 189.290, 189.300 to 189.360, KRS 8
189.380, KRS 189.400 to 189.430, KRS 189.450 to 189.458, KRS 189.4595 to 9
189.480, subsection (1) of KRS 189.520, KRS 189.540, KRS 189.570 to 189.590, 10
except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 189.345, subsection (6) of 11
KRS 189.456, and 189.960 shall be fined not less than twenty dollars ($20) nor 12
more than one hundred dollars ($100) for each offense. Any person who violates 13
subsection (1)(a) of KRS 189.580 shall be fined not less than twenty dollars ($20) 14
nor more than two thousand dollars ($2,000) or imprisoned in the county jail for not 15
more than one (1) year, or both, unless the accident involved death or serious 16
physical injury and the person knew or should have known of the death or serious 17
physical injury, in which case the person shall be guilty of a Class D felony. Any 18
person who violates paragraph (c) of subsection (5) of KRS 189.390 shall be fined 19
not less than eleven dollars ($11) nor more than thirty dollars ($30). Neither court 20
costs nor fees shall be taxed against any person violating paragraph (c) of 21
subsection (5) of KRS 189.390. 22
(2) (a) 1. Except as provided in subparagraph 2. of this paragraph, any person 23
who violates the weight provisions of KRS 189.212, 189.221, 189.222, 24
189.226, 189.230, 189.270, or 189.2713 shall be fined two cents ($0.02) 25
per pound for each pound of excess load when the excess is five 26
thousand (5,000) pounds or less. When the excess exceeds five thousand 27 UNOFFICIAL COPY 23 RS SB 96/EN
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(5,000) pounds the fine shall be two cents ($0.02) per pound for each 1
pound of excess load, but the fine levied shall not be less than one 2
hundred dollars ($100) and shall not be more than five hundred dollars 3
($500). 4
2. Any person who violates a posted bridge weight limit on a state-5
maintained bridge that is more than seventy-five (75) years old shall 6
be fined: 7
a. Five hundred dollars ($500) for the first offense; 8
b. One thousand dollars ($1,000) for the second offense within a 9
one (1) year period; 10
c. Two thousand dollars ($2,000) for any subsequent offense within 11
a one (1) year period. 12
The Transportation Cabinet shall erect signs warning drivers of the 13
increased fines in this subparagraph. Signs erected under this 14
subparagraph shall be placed in such a manner that drivers are given 15
adequate warning in order to exit the road prior to crossing the bridge. If 16
warning signs are not erected in accordance with this subparagraph, the 17
fines in this subparagraph shall not apply and violators shall be fined under 18
subparagraph 1. of this paragraph. 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 SB 96/EN
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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 SB 96/EN
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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 SB 96/EN
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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. 5
(16) Any person who violates restrictions or regulations established by the secretary of 6
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 7
be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 8
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 9
imprisoned for thirty (30) days, or both. 10
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 11
of a Class B misdemeanor. 12
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 13
case of violation by any person in whose name the vehicle used in the 14
transportation of inflammable liquids or explosives is licensed, the person 15
shall be fined not less than one hundred dollars ($100) nor more than five 16
hundred dollars ($500). Each violation shall constitute a separate offense. 17
(18) Any person who abandons a vehicle upon the right-of-way of a state highway for 18
three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor 19
more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 20
nor more than thirty (30) days. 21
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 22
unless the offense is being committed by a defendant fleeing the commission of a 23
felony offense which the defendant was also charged with violating and was 24
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 25
(20) Any law enforcement agency which fails or refuses to forward the reports required 26
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 27 UNOFFICIAL COPY 23 RS SB 96/EN
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(21) A person who operates a bicycle in violation of the administrative regulations 1
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 2
nor more than one hundred dollars ($100). 3
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred 4
dollars ($500) or imprisoned for not more than six (6) months, or both. 5
(23) Any person who violates KRS 189.754 shall be fined not less than twenty-five 6
dollars ($25) nor more than three hundred dollars ($300). 7
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 8
dollars ($50). This fine shall be subject to prepayment. A fine imposed under this 9
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 10
court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 11
or any other additional fees or costs. 12
(25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a 13
uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 14
For a violation on or after July 1, 2009, the person shall be fined thirty dollars 15
($30). This fine shall be subject to prepayment. A fine imposed under this 16
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 17
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 18
any other additional fees or costs. A person who has not been previously charged 19
with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 20
the requirements of KRS 189.125. Upon presentation of sufficient proof of the 21
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 22
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 23
amount not to exceed twenty-five dollars ($25). This fine shall be subject to 24
prepayment. A fine imposed under this subsection shall not be subject to court costs 25
pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee 26
imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 27 UNOFFICIAL COPY 23 RS SB 96/EN
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(27) Fines levied pursuant to this chapter shall be assessed in the manner required by 1
KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall 2
be governed by KRS 534.020 and 534.060. 3
(28) A licensed driver under the age of eighteen (18) charged with a moving violation 4
pursuant to this chapter as the driver of a motor vehicle may be referred, prior to 5
trial, by the court to a diversionary program. The diversionary program under this 6
subsection shall consist of one (1) or both of the following: 7
(a) Execution of a diversion agreement which prohibits the driver from operating 8
a vehicle for a period not to exceed forty-five (45) days and which allows the 9
court to retain the driver's operator's license during this period; and 10
(b) Attendance at a driver improvement clinic established pursuant to KRS 11
186.574. If the person completes the terms of this diversionary program 12
satisfactorily the violation shall be dismissed. 13
(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall 14
be fined two hundred fifty dollars ($250). The fines and costs for a violation of 15
subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 16
accordance with KRS 24A.180. Once deposited into the State Treasury, ninety 17
percent (90%) of the fine collected under this subsection shall immediately be 18
forwarded to the personal care assistance program under KRS 205.900 to 205.920. 19
Ten percent (10%) of the fine collected under this subsection shall annually be 20
returned to the county where the violation occurred and distributed equally to all 21
law enforcement agencies within the county. 22
(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars 23
($25) for the first offense and fifty dollars ($50) for each subsequent offense. 24
(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 25
hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 26
imposed under this subsection shall not be subject to court costs pursuant to KRS 27 UNOFFICIAL COPY 23 RS SB 96/EN
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24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 1
KRS 24A.1765, or any other additional fees or costs. 2