CHAPTER 183
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CHAPTER 183
( SB 96 )
AN ACT relating to motor vehicles.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section:
(a) "Local government" means any city, county, urban-county government, consolidated local
government, charter county government, or unified local government of the Commonwealth;
(b) "Participant" means any person who drives or maintains a motor vehicle used in a racing event;
(c) "County roads" has the same meaning as in KRS 178.010(1)(b);
(d) "Streets" has the same meaning as in KRS 177.365(4); and
(e) "Racing event" means a motor vehicle race which is sanctioned by a nationally or internationally
recognized racing organization and includes preparations, practices, and qualifications for the race.
(2) A local government may provide permits to allow a racing event within its jurisdiction:
(a) On county roads;
(b) On streets; or
(c) At airports, subject to approval from the relevant airport board.
(3) A local government may charge an applicant for a permit under this section:
(a) An application fee not to exceed one thousand dollars ($1,000); and
(b) The cost of any expenses incurred by the local government to facilitate the racing event.
(4) A local government that issues a permit for a racing event shall ensure the applicant for the permit has:
(a) Adequate insurance to pay any damages incurred because of loss or injury to any person or property;
(b) Adequate security, emergency services, and necessary facilities provided during the racing event; and
(c) The ability to protect the health, safety, and welfare of the citizens of the local government, the race
participants, and those attending the racing event.
(5) For the facilitation of a racing event sanctioned under this section, a local government may:
(a) Temporarily close roads, streets, alleys, sidewalks, and airport runways;
(b) Reroute pedestrian and motor vehicle traffic; and
(c) Waive local ordinances and traffic regulations.
(6) No less than sixty (60) days prior to a scheduled racing event, a local government shall provide written
notice to the Transportation Cabinet of any racing event permit issued under this section. The written notice
shall include:
(a) The time, date, and location of the racing event;
(b) The nationally or internationally recognized racing organization sponsoring the event;
(c) A road closure plan that specifies the streets, roads, alleys, sidewalks, and airport runways that will
be temporarily closed or obstructed during the racing event;
(d) A traffic control plan that specifies the on-site traffic controls and detour routes to be used during the
racing event; and
(e) The names and phone numbers of emergency and law enforcement contacts overseeing the racing
event. ACTS OF THE GENERAL ASSEMBLY 2
(7) The route of a racing event under this section shall not use or cross any state maintained highway.
(8) So long as the participants adhere to all requirements and regulations set forth by the nationally or
internationally recognized racing organization sponsoring the racing event, participants in a racing event
under this section shall be exempt from all vehicle equipment and operation standards of this chapter.
Section 2. KRS 189.990 is amended to read as follows:
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, subsection (1) or (4) of KRS
189.050, KRS 189.060 to 189.080, subsections (1) to (3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to
189.160, subsections (2) to (4) of KRS 189.190, KRS 189.200, 189.285, 189.290, 189.300 to 189.360, KRS
189.380, KRS 189.400 to 189.430, KRS 189.450 to 189.458, KRS 189.4595 to 189.480, subsection (1) of
KRS 189.520, KRS 189.540, KRS 189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580,
KRS 189.345, subsection (6) of KRS 189.456, and 189.960 shall be fined not less than twenty dollars ($20)
nor more than one hundred dollars ($100) for each offense. Any person who violates subsection (1)(a) of KRS
189.580 shall be fined not less than twenty dollars ($20) nor more than two thousand dollars ($2,000) or
imprisoned in the county jail for not more than one (1) year, or both, unless the accident involved death or
serious physical injury and the person knew or should have known of the death or serious physical injury, in
which case the person shall be guilty of a Class D felony. Any person who violates paragraph (c) of subsection
(5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than thirty dollars ($30). Neither
court costs nor fees shall be taxed against any person violating paragraph (c) of subsection (5) of KRS
189.390.
(2) (a) 1. Except as provided in subparagraph 2. of this paragraph, any person who violates the weight
provisions of KRS 189.212, 189.221, 189.222, 189.226, 189.230, 189.270, or 189.2713 shall be
fined two cents ($0.02) per pound for each pound of excess load when the excess is five
thousand (5,000) pounds or less. When the excess exceeds five thousand (5,000) pounds the fine
shall be two cents ($0.02) per pound for each pound of excess load, but the fine levied shall not
be less than one hundred dollars ($100) and shall not be more than five hundred dollars ($500).
2. Any person who violates a posted bridge weight limit on a state-maintained bridge that is more
than seventy-five (75) years old shall be fined:
a. Five hundred dollars ($500) for the first offense;
b. One thousand dollars ($1,000) for the second offense within a one (1) year period;
c. Two thousand dollars ($2,000) for any subsequent offense within a one (1) year period.
The Transportation Cabinet shall erect signs warning drivers of the increased fines in this
subparagraph. Signs erected under this subparagraph shall be placed in such a manner that drivers
are given adequate warning in order to exit the road prior to crossing the bridge. If warning signs are
not erected in accordance with this subparagraph, the fines in this subparagraph shall not apply and
violators shall be fined under subparagraph 1. of this paragraph.
(b) Any person who violates the provisions of KRS 189.271 and is operating on a route designated on the
permit shall be fined one hundred dollars ($100); otherwise, the penalties in paragraph (a) of this
subsection shall apply.
(c) Any person who violates any provision of subsection (2) or (3) of KRS 189.050, subsection (4) of KRS
189.090, KRS 189.221 to 189.230, 189.270, 189.2713, 189.280, or the dimension provisions of KRS
189.212, for which another penalty is not specifically provided shall be fined not less than ten dollars
($10) nor more than five hundred dollars ($500).
(d) 1. Any person who violates the provisions of KRS 177.985 while operating on a route designated in
KRS 177.986 shall be fined one hundred dollars ($100).
2. Any person who operates a vehicle with a permit under KRS 177.985 in excess of eighty
thousand (80,000) pounds while operating on a route not designated in KRS 177.986 shall be
fined one thousand dollars ($1,000).
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to prejudice or affect the
authority of the Department of Vehicle Regulation to suspend or revoke certificates of common carriers,
permits of contract carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 to
189.228 or any other act applicable to motor vehicles, as provided by law. CHAPTER 183
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(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not more than fifteen dollars
($15).
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not less than thirty-five dollars
($35) nor more than two hundred dollars ($200).
(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not less than twenty-five dollars
($25) nor more than one hundred dollars ($100).
(b) Any peace officer who fails, when properly informed, to enforce KRS 189.210 shall be fined not less
than twenty-five dollars ($25) nor more than one hundred dollars ($100).
(c) All fines collected under this subsection, after payment of commissions to officers entitled thereto, shall
go to the county road fund if the offense is committed in the county, or to the city street fund if
committed in the city.
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less than one hundred dollars
($100) nor more than two hundred dollars ($200) or imprisoned not less than thirty (30) days nor more than
sixty (60) days, or both. For each subsequent offense occurring within three (3) years, the person shall be fined
not less than three hundred dollars ($300) nor more than five hundred dollars ($500) or imprisoned not less
than sixty (60) days nor more than six (6) months, or both. The minimum fine for this violation shall not be
subject to suspension. A minimum of six (6) points shall be assessed against the driving record of any person
convicted.
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars ($15) in excess of the cost
of the repair of the road.
(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than twenty dollars ($20) nor
more than fifty dollars ($50).
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not less than thirty-five dollars
($35) nor more than one hundred dollars ($100).
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty-five dollars ($35) nor more
than one hundred dollars ($100), or imprisoned not less than thirty (30) days nor more than twelve (12)
months, or both.
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty-five dollars ($35) nor more
than one hundred dollars ($100).
(10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a Class B misdemeanor.
(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than thirty dollars ($30) nor
more than one hundred dollars ($100) for each offense.
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of this section shall, in the
case of a public highway, be paid into the county road fund, and, in the case of a privately owned road or
bridge, be paid to the owner. These fines shall not bar an action for damages for breach of contract.
(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not less than twenty dollars
($20) nor more than one hundred dollars ($100) for each offense.
(14) Any person who violates any provision of KRS 189.575 shall be fined not less than twenty dollars ($20) nor
more than twenty-five dollars ($25).
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than twenty dollars ($20) nor
more than one hundred dollars ($100) for each offense.
(16) Any person who violates restrictions or regulations established by the secretary of transportation pursuant to
subsection (3) of KRS 189.231 shall, upon first offense, be fined one hundred dollars ($100) and, upon
subsequent convictions, be fined not less than one hundred dollars ($100) nor more than five hundred dollars
($500) or imprisoned for thirty (30) days, or both.
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty of a Class B
misdemeanor. ACTS OF THE GENERAL ASSEMBLY 4
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in case of violation by any
person in whose name the vehicle used in the transportation of inflammable liquids or explosives is
licensed, the person shall be fined not less than one hundred dollars ($100) nor more than five hundred
dollars ($500). Each violation shall constitute a separate offense.
(18) Any person who abandons a vehicle upon the right-of-way of a state highway for three (3) consecutive days
shall be fined not less than thirty-five dollars ($35) nor more than one hundred dollars ($100), or imprisoned
for not less than ten (10) days nor more than thirty (30) days.
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, unless the offense is being
committed by a defendant fleeing the commission of a felony offense which the defendant was also charged
with violating and was subsequently convicted of that felony, in which case it is a Class A misdemeanor.
(20) Any law enforcement agency which fails or refuses to forward the reports required by KRS 189.635 shall be
subject to the penalties prescribed in KRS 17.157.
(21) A person who operates a bicycle in violation of the administrative regulations promulgated pursuant to KRS
189.287 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100).
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred dollars ($500) or imprisoned
for not more than six (6) months, or both.
(23) Any person who violates KRS 189.754 shall be fined not less than twenty-five dollars ($25) nor more than
three hundred dollars ($300).
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty dollars ($50). This fine shall
be subject to prepayment. A fine imposed under this subsection shall not be subject to court costs pursuant to
KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765,
or any other additional fees or costs.
(25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a uniform citation, but shall
instead receive a courtesy warning up until July 1, 2009. For a violation on or after July 1, 2009, the person
shall be fined thirty dollars ($30). This fine shall be subject to prepayment. A fine imposed under this
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional court costs pursuant to KRS
24A.176, a fee imposed pursuant to KRS 24A.1765, or any other additional fees or costs. A person who has
not been previously charged with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting
the requirements of KRS 189.125. Upon presentation of sufficient proof of the acquisition, the charge shall be
dismissed and no fees or costs shall be imposed.
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an amount not to exceed twenty-five
dollars ($25). This fine shall be subject to prepayment. A fine imposed under this subsection shall not be
subject to court costs pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee
imposed pursuant to KRS 24A.1765, or any other additional fees or costs.
(27) Fines levied pursuant to this chapter shall be assessed in the manner required by KRS 534.020, in amounts
consistent with this chapter. Nonpayment of fines shall be governed by KRS 534.020 and 534.060.
(28) A licensed driver under the age of eighteen (18) charged with a moving violation pursuant to this chapter as
the driver of a motor vehicle may be referred, prior to trial, by the court to a diversionary program. The
diversionary program under this subsection shall consist of one (1) or both of the following:
(a) Execution of a diversion agreement which prohibits the driver from operating a vehicle for a period not
to exceed forty-five (45) days and which allows the court to retain the driver's operator's license during
this period; and
(b) Attendance at a driver improvement clinic established pursuant to KRS 186.574. If the person
completes the terms of this diversionary program satisfactorily the violation shall be dismissed.
(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall be fined two hundred fifty
dollars ($250). The fines and costs for a violation of subsection (2) or (3) of KRS 189.459 shall be collected
and disposed of in accordance with KRS 24A.180. Once deposited into the State Treasury, ninety percent
(90%) of the fine collected under this subsection shall immediately be forwarded to the personal care
assistance program under KRS 205.900 to 205.920. Ten percent (10%) of the fine collected under this
subsection shall annually be returned to the county where the violation occurred and distributed equally to all
law enforcement agencies within the county. CHAPTER 183
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(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars ($25) for the first offense
and fifty dollars ($50) for each subsequent offense.
(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two hundred fifty dollars
($250). This fine shall be subject to prepayment. A fine imposed under this subsection shall not be subject to
court costs pursuant to KRS 24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to
KRS 24A.1765, or any other additional fees or costs.
Signed by Governor April 6, 2023.