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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 186 IS CREATED TO 3
READ AS FOLLOWS: 4
At the time a peace office conducts a stop of a vehicle, the operator shall present proof 5
of a valid registration receipt in compliance with Section 4 of this Act, proof of an 6
operator's license in compliance with Section 5 of this Act, and, if required, proof of 7
motor vehicle insurance in compliance with KRS 304.39-117. 8
Section 2. KRS 186.400 is amended to read as follows: 9
(1) The administration of the provisions of KRS 186.400 to 186.640 shall be vested in 10
the Transportation Cabinet. The Transportation Cabinet may promulgate 11
administrative[prescribe] regulations in accordance with KRS Chapter 13A for the 12
enforcement of KRS 186.400 to 186.640. The Transportation Cabinet also shall 13
enforce regulations governing the acts of motor vehicle operators under KRS 14
186.400 to 186.640 and require reports which it deems necessary. 15
(2) The cabinet shall require a notation in the operator's license database when an 16
operator's license is issued, renewed, suspended, or revoked. 17
(3) The cabinet shall provide or cause to be provided to appropriate persons or officials 18
an adequate supply of forms for the administration of KRS 186.400 to 186.640. The 19
style of those forms and the method of their use shall be prescribed by the cabinet 20
and shall be adequate to protect the safety interests of the state. The Transportation 21
Cabinet shall prescribe the method of financial control. 22
(4)[(3)] (a) The Transportation Cabinet shall collect all moneys due the state under 23
KRS 186.531 for operators' licenses and personal identification cards issued, 24
and shall deposit those moneys with the state treasurer. 25
(b) At least once each year the secretary of the Transportation Cabinet shall cause 26
a reconciliation to be made between the record of receipts by the 27 UNOFFICIAL COPY 24 RS BR 982
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Transportation Cabinet and the receipt of applications by the Transportation 1
Cabinet. 2
Section 3. KRS 186A.010 is amended to read as follows: 3
(1) An automated motor vehicle and trailer registration and titling system shall be 4
developed and implemented as expeditiously as practicable in all counties of the 5
Commonwealth. The automated motor vehicle and trailer registration system shall 6
be designed to enable Kentucky's county clerks to produce motor vehicle and trailer 7
certificates of registration in their offices, and certificates of title in Frankfort, by 8
automated means utilizing telecommunication terminals and associated devices 9
supplied by the Commonwealth, to inhibit registration and transfer of stolen motor 10
vehicles or trailers, to improve the capability of detecting and recovering such 11
vehicles, to ensure development of a common vehicle information database to 12
improve efficiency in auditing motor vehicle usage tax, license fee collections, and 13
in collecting personal property tax to provide information to the traffic record 14
system, and to provide improved security interest protection to potential creditors 15
throughout Kentucky while simultaneously reducing the number of forms that must 16
be processed and stored each year in Kentucky. 17
(2) The Transportation Cabinet is hereby directed to, as expeditiously as practicable, 18
develop an automated motor vehicle and trailer registration and titling system, 19
having, as a minimum, the capabilities or functions described in this chapter, and to 20
acquire and assure the installation of such equipment or services as are necessary to 21
enable the system as described in this chapter to be operated in all counties of the 22
Commonwealth. 23
(3) The Transportation Cabinet shall require a notation in AVIS when a motor 24
vehicle's registration is issued, renewed, or revoked. 25
(4) All departments of state government affected by the system are hereby directed to 26
cooperate with the Transportation Cabinet for purposes of assuring orderly 27 UNOFFICIAL COPY 24 RS BR 982
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implementation of this chapter. 1
Section 4. KRS 186.170 (Effective January 1, 2024) is amended to read as 2
follows: 3
(1) Except as provided in this subsection and KRS 186A.127 and 186.045, the owner 4
shall have the receipt issued by the cabinet through the county clerk constantly in 5
his or her possession, and shall display the registration plate conspicuously upon 6
the rear of the motor vehicle, except that the registration plate upon a semitrailer-7
tractor shall be displayed upon the front of the tractor. The owner's copy, or a 8
reproduced copy[ thereof], of the registration receipt, or proof of a valid 9
registration receipt in an electronic format, of every motor vehicle, except 10
motorcycles, licensed under KRS 186.050 shall be kept in the vehicle at all times 11
and shall be available for inspection. Plates shall be kept legible at all times and the 12
rear plate shall be illuminated when being operated during the hours designated in 13
KRS 189.030. No rim, frame, or other covering around the plate shall in any way 14
obscure or cover any lettering or decal on the plate; except that, any owner who 15
objects to the display of a trademark of a private corporation which appears on the 16
registration plate shall be entitled to receive a set of decals from the county clerk in 17
his or her county of residence to cover the trademark of the private corporation. The 18
owner may apply for the decal by presenting his or her certificate of registration 19
either at the time of registration renewal or later. The county clerk shall charge a 20
three dollar ($3) clerk's fee for issuing the decal set if it is applied for a time other 21
than at registration renewal. If the cabinet has prescribed that plates shall continue 22
in use, it shall each year, in addition to the registration receipt, select and give to the 23
owner as further evidence of registration some insignia which may conveniently be 24
attached permanently and conspicuously to the motor vehicle during each 25
registration year. It shall be the duty of the owner to attach the insignia in the 26
prescribed manner and no person may operate a motor vehicle unless the insignia is 27 UNOFFICIAL COPY 24 RS BR 982
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affixed upon it. The cabinet shall have placed on the insignia either figures, letters, 1
writing, marks, or a combination thereof, which indicate that the motor vehicle has 2
been registered and which in conjunction with the records of the cabinet make 3
identity of the registrant readily ascertainable. 4
(2) The registration year for commercial vehicles, trailers, semitrailers, mobile homes, 5
and recreational vehicles shall be from April 1 to March 31. 6
(3) At the discretion of the vehicle owner, the title to a motor vehicle may be held in 7
the system and subsequently printed and mailed to the owner at the owner's request. 8
(4) A peace officer who has access to AVIS shall, at the time he or she conducts a 9
stop of a vehicle, check the AVIS database for proof of a valid registration 10
receipt. 11
(5) For purposes of this section, "proof of a valid registration receipt in an electronic 12
format" means the display of an image on any electronic device, including a 13
cellular phone or any other type of portable electronic device, depicting a current 14
valid representation of the registration receipt. 15
Section 5. KRS 186.510 is amended to read as follows: 16
(1) The licensee shall have his or her license in his or her immediate possession at all 17
times when driving a motor vehicle and shall display it, or proof of an operator's 18
license in an electronic format, upon demand to a peace officer, a member of the 19
Department of Kentucky State Police, or a field deputy or inspector of the 20
Department of Vehicle Regulation or Transportation Cabinet or, pursuant to KRS 21
67A.075 or 83A.088, a safety officer who is in the process of securing information 22
to complete an accident report. It shall be a defense to any charge under this section 23
if the person so charged produces in court an operator's license, issued to him or her 24
before his or her arrest and valid at the time of his or her arrest. 25
(2) A peace officer who has access to the operator's license database shall, when 26
presented with an operator's license by an individual, check that database for the 27 UNOFFICIAL COPY 24 RS BR 982
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validity of the operator's license, and, if valid, shall return the operator's license 1
to the individual. 2
(3) If a person receives a uniform citation under this section, he or she may submit 3
proof that at the time the citation was issued he or she had a valid operator's 4
license. If proof of the operator's license is provided to the circuit clerk prior to 5
the assigned court date, the charge shall be dismissed and no fees or costs shall 6
be imposed. 7
(4) For purposes of this section, "proof of an operator's license in an electronic 8
format" means the display of an image on any electronic device, including a 9
cellular phone or any other type of portable electronic device, depicting a current 10
valid representation of the operator's license. 11
Section 6. KRS 186.990 is amended to read as follows: 12
(1) Any person who violates any of the provisions of KRS 186.020, 186.030, 186.040, 13
186.045(4), 186.050, 186.056, 186.060, 186.073, 186.110, 186.130, 186.140, 14
186.160,[ 186.170,] 186.180(1) to (4)(a), 186.210(1), 186.230, or KRS 186.655 to 15
186.680 shall be guilty of a violation. 16
(2) Any person who violates any of the provisions of Section 4 of this Act shall be 17
guilty of a violation, except that: 18
(a) If a person receives a uniform citation for failure to have a motor vehicle 19
registration receipt, he or she may submit proof that at the time the citation 20
was issued the vehicle was properly registered. If proof of registration is 21
provided to the circuit clerk prior to the assigned court date, the charge 22
shall be dismissed and no fees or costs shall be imposed; or 23
(b) If a person violates the provision requiring that the rear plate is illuminated, 24
he or she may be issued a uniform citation or may receive a courtesy 25
warning in lieu of a uniform citation. A person issued a uniform citation 26
under this paragraph shall be fined twenty-five dollars ($25), and the fine 27 UNOFFICIAL COPY 24 RS BR 982
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shall be subject to prepayment. A fine imposed under this section shall not 1
be subject to court costs pursuant to KRS 24A.175, additional court costs 2
pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, or 3
any other additional fees or costs. If the person submits proof of repair 4
related to the relevant charge prior to the assigned court date, the charge 5
shall be dismissed and no fees or costs shall be imposed. 6
(3) Any person who violates any of the provisions of KRS 138.465, 186.072, 186.190, 7
186.200, or 186.210(2) shall be guilty of a Class A misdemeanor. 8
(4)[(3)] A person who violates the provisions of KRS 186.450(4), (5), or (6) or 9
186.452(3), (4), or (5) shall be guilty of a violation. A person who violates any of 10
the other provisions of KRS 186.400 to 186.640 shall be guilty of a Class B 11
misdemeanor. 12
(5)[(4)] Any clerk or judge failing to comply with KRS 186.550(1) shall be guilty of a 13
violation. 14
(6)[(5)] If it appears to the satisfaction of the trial court that any offender under KRS 15
186.400 to 186.640 has a driver's license but in good faith failed to have it on his or 16
her person or misplaced or lost it, the court may, in its discretion, dismiss the 17
charges against the defendant without fine, imprisonment, or cost. 18
(7)[(6)] Any person who steals a motor vehicle registration plate or renewal decal 19
shall be guilty of a Class D felony. Displaying a canceled registration plate on a 20
motor vehicle shall be prima facie evidence of guilt under this section. 21
(8)[(7)] Any person who violates the provisions of KRS 186.1911 shall be guilty of a 22
Class A misdemeanor. 23
(9)[(8)] Any person who makes a false affidavit to secure a license plate under KRS 24
186.172 shall be guilty of a Class A misdemeanor. 25
(10)[(9)] Any person who violates any provision of KRS 186.070 or 186.150 shall be 26
guilty of a Class A misdemeanor. 27 UNOFFICIAL COPY 24 RS BR 982
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(11)[(10)] Any person who operates a vehicle bearing a dealer's plate upon the highways 1
of this Commonwealth with intent to evade the motor vehicle usage tax or 2
registration fee shall be guilty of a Class A misdemeanor for the first offense and a 3
Class D felony for each subsequent offense. 4
(12)[(11)] Any person, other than a licensed dealer or manufacturer, who procures a 5
dealer's plate with intent to evade the motor vehicle usage tax or registration fee 6
shall be guilty of a Class D felony. 7
(13)[(12)] Any resident who unlawfully registers, titles, or licenses a motor vehicle in 8
any state other than Kentucky with intent to evade the motor vehicle usage tax or 9
the registration fee shall be guilty of a Class A misdemeanor if the amount of tax 10
due is less than one hundred dollars ($100), or of a Class D felony if the amount of 11
tax due is more than one hundred dollars ($100), and in addition shall be liable for 12
all taxes so evaded with applicable interest and penalties. 13
Section 7. KRS 189.990 is amended to read as follows: 14
(1) Any person who violates any of the provisions of KRS 189.020 , 189.030,[to] 15
subsections (3) to (15) of KRS 189.040, subsection[ (1) or] (4) of KRS 189.050, 16
KRS 189.070,[ 189.060 to] 189.080, subsections (1) to (3) of KRS 189.090, KRS 17
189.100, 189.110, 189.130 to 189.160, subsections (2) to (4) of KRS 189.190, KRS 18
189.200, 189.285, 189.290, 189.300 to 189.360,[ KRS 189.380,] KRS 189.400 to 19
189.430, KRS 189.450 to 189.458, KRS 189.4595 to 189.480, subsection (1) of 20
KRS 189.520, KRS 189.540, KRS 189.570 to 189.590, except subsection (1)(b) or 21
(6)(b) of KRS 189.580, KRS 189.345, subsection (6) of KRS 189.456, and 189.960 22
shall be fined not less than twenty dollars ($20) nor more than one hundred dollars 23
($100) for each offense. Any person who violates subsection (1)(a) of KRS 189.580 24
shall be fined not less than twenty dollars ($20) nor more than two thousand dollars 25
($2,000) or imprisoned in the county jail for not more than one (1) year, or both, 26
unless the accident involved death or serious physical injury and the person knew or 27 UNOFFICIAL COPY 24 RS BR 982
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should have known of the death or serious physical injury, in which case the person 1
shall be guilty of a Class D felony. Any person who violates paragraph (c) of 2
subsection (5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor 3
more than thirty dollars ($30). Neither court costs nor fees shall be taxed against 4
any person violating paragraph (c) of subsection (5) of KRS 189.390. 5
(2) Any person who violates any of the provisions of KRS 189.040 (1) or (2), 189.050 6
(1), 189.055, 189.060, or 189.380 may be issued a uniform citation or may receive 7
a courtesy warning in lieu of a uniform citation. A person issued a uniform 8
citation under this subsection shall be fined twenty-five dollars ($25), and the. 9
fine shall be subject to prepayment. A fine imposed under this section shall not be 10
subject to court costs pursuant to KRS 24A.175, additional court costs pursuant 11
to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, or any other 12
additional fees or costs. If the person submits proof of repair related to the 13
relevant charge prior to the assigned court date, the charge shall be dismissed 14
and no fees or costs shall be imposed. 15
(3)[(2)] (a) 1. Except as provided in subparagraph 2. of this paragraph, any 16
person who violates the weight provisions of KRS 189.212, 189.221, 17
189.222, 189.226, 189.230, 189.270, or 189.2713 shall be fined two 18
cents ($0.02) per pound for each pound of excess load when the excess 19
is five thousand (5,000) pounds or less. When the excess exceeds five 20
thousand (5,000) pounds the fine shall be two cents ($0.02) per pound 21
for each pound of excess load, but the fine levied shall not be less than 22
one hundred dollars ($100) and shall not be more than five hundred 23
dollars ($500). 24
2. Any person who violates a posted bridge weight limit on a state-25
maintained bridge that is more than seventy-five (75) years old shall be 26
fined: 27 UNOFFICIAL COPY 24 RS BR 982
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a. Five hundred dollars ($500) for the first offense; 1
b. One thousand dollars ($1,000) for the second offense within a one 2
(1) year period; and 3
c. Two thousand dollars ($2,000) for any subsequent offense within a 4
one (1) year period. 5
The Transportation Cabinet shall erect signs warning drivers of the 6
increased fines in this subparagraph. Signs erected under this 7
subparagraph shall be placed in such a manner that drivers are given 8
adequate warning in order to exit the road prior to crossing the bridge. If 9
warning signs are not erected in accordance with this subparagraph, the 10
fines in this subparagraph shall not apply and violators shall be fined 11
under subparagraph 1. of this paragraph. 12
(b) Any person who violates the provisions of KRS 189.271 and is operating on a 13
route designated on the permit shall be fined one hundred dollars ($100); 14
otherwise, the penalties in paragraph (a) of this subsection shall apply. 15
(c) Any person who violates any provision of subsection (2) or (3) of KRS 16
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 17
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 18
another penalty is not specifically provided shall be fined not less than ten 19
dollars ($10) nor more than five hundred dollars ($500). 20
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 21
on a route designated in KRS 177.986 shall be fined one hundred dollars 22
($100). 23
2. Any person who operates a vehicle with a permit under KRS 177.985 in 24
excess of eighty thousand (80,000) pounds while operating on a route 25
not designated in KRS 177.986 shall be fined one thousand dollars 26
($1,000). 27 UNOFFICIAL COPY 24 RS BR 982
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(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 1
prejudice or affect the authority of the Department of Vehicle Regulation to 2
suspend or revoke certificates of common carriers, permits of contract 3
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 4
to 189.228 or any other act applicable to motor vehicles, as provided by law. 5
(4)[(3)] (a) Any person who violates subsection (1) of KRS 189.190 shall be fined 6
not more than fifteen dollars ($15). 7
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 8
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 9
(5)[(4)] (a) Any person who violates subsection (1) of KRS 189.210 shall be fined 10
not less than twenty-five dollars ($25) nor more than one hundred dollars 11
($100). 12
(b) Any peace officer who fails, when properly informed, to enforce KRS 13
189.210 shall be fined not less than twenty-five dollars ($25) nor more than 14
one hundred dollars ($100). 15
(c) All fines collected under this subsection, after payment of commissions to 16
officers entitled thereto, shall go to the county road fund if the offense is 17
committed in the county, or to the city street fund if committed in the city. 18
(6)[(5)] Any person who violates KRS 189.370 shall for the first offense be fined not 19
less than one hundred dollars ($100) nor more than two hundred dollars ($200) or 20
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 21
each subsequent offense occurring within three (3) years, the person shall be fined 22
not less than three hundred dollars ($300) nor more than five hundred dollars 23
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 24
both. The minimum fine for this violation shall not be subject to suspension. A 25
minimum of six (6) points shall be assessed against the driving record of any person 26
convicted. 27 UNOFFICIAL COPY 24 RS BR 982
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(7)[(6)] Any person who violates KRS 189.500 shall be fined not more than fifteen 1
dollars ($15) in excess of the cost of the repair of the road. 2
(8)[(7)] Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less 3
than twenty dollars ($20) nor more than fifty dollars ($50). 4
(9)[(8)] Any peace officer who violates subsection (2) of KRS 189.520 shall be fined 5
not less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 6
(10)[(9)] (a) Any person who violates KRS 189.530(1) shall be fined not less than 7
thirty-five dollars ($35) nor more than one hundred dollars ($100), or 8
imprisoned not less than thirty (30) days nor more than twelve (12) months, or 9
both. 10
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty-11
five dollars ($35) nor more than one hundred dollars ($100). 12
(11)[(10)] Any person who violates any of the provisions of KRS 189.550 shall be guilty 13
of a Class B misdemeanor. 14
(12)[(11)] Any person who violates subsection (3) of KRS 189.560 shall be fined not 15
less than thirty dollars ($30) nor more than one hundred dollars ($100) for each 16
offense. 17
(13)[(12)] The fines imposed by paragraph (a) of subsection (4)[(3)] and subsections 18
(7)[(6)] and (8)[(7)] of this section shall, in the case of a public highway, be paid 19
into the county road fund, and, in the case of a privately owned road or bridge, be 20
paid to the owner. These fines shall not bar an action for damages for breach of 21
contract. 22
(14)[(13)] Any person who violates any of the provisions of KRS 189.120 shall be fined 23
not less than twenty dollars ($20) nor more than one hundred dollars ($100) for 24
each offense. 25
(15)[(14)] Any person who violates any provision of KRS 189.575 shall be fined not less 26
than twenty dollars ($20) nor more than twenty-five dollars ($25). 27 UNOFFICIAL COPY 24 RS BR 982
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(16)[(15)] Any person who violates subsection (2) of KRS 189.231 shall be fined not 1
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 2
offense. 3
(17)[(16)] Any person who violates restrictions or regulations established by the 4
secretary of transportation pursuant to subsection (3) of KRS 189.231 shall, upon 5
first offense, be fined one hundred dollars ($100) and, upon subsequent convictions, 6
be fined not less than one hundred dollars ($100) nor more than five hundred 7
dollars ($500) or imprisoned for thirty (30) days, or both. 8
(18)[(17)] (a) Any person who violates any of the provisions of KRS 189.565 shall be 9
guilty of a Class B misdemeanor. 10
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 11
case of violation by any person in whose name the vehicle used in the 12
transportation of inflammable liquids or explosives is licensed, the person 13
shall be fined not less than one hundred dollars ($100) nor more than five 14
hundred dollars ($500). Each violation shall constitute a separate offense. 15
(19)[(18)] Any person who abandons a vehicle upon the right-of-way of a state highway 16
for three (3) consecutive days shall be fined not less than thirty-five dollars ($35) 17
nor more than one hundred dollars ($100), or imprisoned for not less than ten (10) 18
days nor more than thirty (30) days. 19
(20)[(19)] Every person violating KRS 189.393 shall be guilty of a Class B 20
misdemeanor, unless the offense is being committed by a defendant fleeing the 21
commission of a felony offense which the defendant was also charged with 22
violating and was subsequently convicted of that felony, in which case it is a Class 23
A misdemeanor. 24
(21)[(20)] Any law enforcement agency which fails or refuses to forward the reports 25
required by KRS 189.635 shall be subject to the penalties prescribed in KRS 26
17.157. 27 UNOFFICIAL COPY 24 RS BR 982
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(22)[(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
(23)[(22)] Any person who violates KRS 189.860 shall be fined not more than five 4
hundred dollars ($500) or imprisoned for not more than six (6) months, or both. 5
(24)[(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
(25)[(24)] Any person who violates the provisions of KRS 189.125(3)(a) shall be fined 8
fifty dollars ($50). This fine shall be subject to prepayment. A fine imposed under 9
this subsection shall not be subject to court costs pursuant to KRS 24A.175, 10
additional court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 11
24A.1765, or any other additional fees or costs. 12
(26)[(25)] Any person who violates the provisions of KRS 189.125(3)(b) shall[ not be 13
issued a uniform citation, but shall instead receive a courtesy warning up until July 14
1, 2009. For a violation on or after July 1, 2009, the person shall] be fined thirty 15
dollars ($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
(27)[(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 24 RS BR 982
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(28)[(27)] Fines levied pursuant to this chapter shall be assessed in the manner required 1
by KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines 2
shall be governed by KRS 534.020 and 534.060. 3
(29)[(28)] A licensed driver under the age of eighteen (18) charged with a moving 4
violation pursuant to this chapter as the driver of a motor vehicle may be referred, 5
prior to trial, by the court to a diversionary program. The diversionary program 6
under this 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
(30)[(29)] A person who violates the provisions of subsection (2) or (3) of KRS 189.459 14
shall 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
(31)[(30)] Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five 23
dollars ($25) for the first offense and fifty dollars ($50) for each subsequent 24
offense. 25
(32)[(31)] Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine 26
of two hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 27 UNOFFICIAL COPY 24 RS BR 982
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imposed under this subsection shall not be subject to court costs pursuant to KRS 1
24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 2
KRS 24A.1765, or any other additional fees or costs. 3
Section 8. KRS 67.592 is amended to read as follows: 4
(1) The county judge/executive shall designate the sheriff of the county, or, if there is a 5
county police department, may designate the chief of the county police, as 6
custodian of all property: 7
(a) Alleged to be or suspected of being the proceeds of crime; 8
(b) Alleged to be or suspected of having been used to facilitate the commission of 9
a crime; 10
(c) Which is subject to confiscation or forfeiture, excluding property subject to 11
forfeiture pursuant to KRS Chapter 218A, or both, under any provision of the 12
Kentucky Revised Statutes; 13
(d) Which is taken from the person of a prisoner, except for any personal property 14
that may be in the custody of a prisoner upon his or her admission to jail, in 15
which case all property which he or she is not permitted to retain upon 16
admission to jail shall be placed in the custody of the jailer and shall be listed 17
by complete description on a receipt form. At the time of a prisoner's release 18
from jail, the jailer shall return any valid operator's license or identification 19
card to the person, unless required for evidentiary purposes; 20
(e) Which is lost or abandoned and taken into custody by any peace officer, or the 21
courts; or 22
(f) Which is taken from persons supposed to be insane, intoxicated, or otherwise 23
incapable of taking care of themselves. 24
(2) Any peace officer, except for the Department of Kentucky State Police, or court 25
having custody of the property shall, as soon as practicable, deliver it into the 26
custody of the property clerk. 27 UNOFFICIAL COPY 24 RS BR 982
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(3) The sheriff or chief of county police designated as custodian of property shall 1
appoint from persons on his or her staff, or may employ, a person to serve as 2
property clerk and other persons necessary as deputy property clerks. 3
(4) All the property shall be particularly described and registered by the property clerk, 4
or his or her deputy, in a book kept for that purpose, containing the name of the 5
owner, if ascertained, the place where found, the name of the person from whom it 6
was taken, with the general circumstances of its receipt, the name of the officer 7
recovering the property, the names of all claimants to the property, and any final 8
disposition of the property. The property clerk shall advertise the property, if it is 9
not the subject of a forfeiture proceeding, as to the amount and disposition of the 10
property. 11
(5) The fiscal court of the county may prescribe regulations in regard to the duties of 12
the property clerk and his or her deputies, and require security for the faithful 13
performance of the duties imposed by this section. 14
(6) All animals stolen, strayed, lost, or confiscated that come into the possession of the 15
property clerk shall be sent to an animal shelter located within the county, if there is 16
one, or if there is none to an animal shelter in another county. 17
(7) No property shall be delivered to the property clerk or his or her deputy except as 18
provided in this section. 19
(8) No property shall be disposed of by the property clerk or his or her deputy except in 20
the manner prescribed by law. 21
(9) The provisions of this section shall apply in all unincorporated areas of a county 22
and in all cities which do not appoint a property custodian pursuant to KRS 95.845. 23
Section 9. KRS 138.465 is amended to read as follows: 24
(1) Any person other than a dealer, as defined in KRS 186.010[(10)], who sells or 25
transfers a motor vehicle in this state shall deliver to the county clerk the certificate 26
of title with the assignment form on the reverse side properly executed and shall 27 UNOFFICIAL COPY 24 RS BR 982
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transfer the vehicle to the new owner within ten (10) days of the date of the sale or 1
transfer of ownership. 2
(2) Any person who violates subsection (1) of this section shall be subject to the 3
penalties set out in KRS 186.990(3)[(2)]. 4
Section 10. KRS 186.574 is amended to read as follows: 5
(1) The Transportation Cabinet shall establish a state traffic school for new drivers and 6
for traffic offenders. The school shall be composed of uniform education and 7
training elements designed to create a lasting influence on new drivers and a 8
corrective influence on traffic offenders. District Courts may in lieu of assessing 9
penalties for traffic offenses, other than for KRS 189A.010, sentence offenders to 10
state traffic school and no other. 11
(2) If a District Court stipulates in its judgment of conviction that a person attend state 12
traffic school, the court shall indicate this in the space provided on the abstract of 13
conviction filed with the Transportation Cabinet. Upon receipt of an abstract, the 14
Transportation Cabinet, or its representative, shall schedule the person to attend 15
state traffic school. Failure of the person to attend and satisfactorily complete state 16
traffic school in compliance with the court order, may be punished as contempt of 17
the sentencing court. The Transportation Cabinet shall not assess points against a 18
person who satisfactorily completes state traffic school. However, if the person 19
referred to state traffic school holds or is required to hold a commercial driver's 20
license, the underlying offense shall appear on the person's driving history record. 21
(3) The Transportation Cabinet shall supervise, operate, and administer state traffic 22
school, and shall promulgate administrative regulations pursuant to KRS Chapter 23
13A governing facilities, equipment, courses of instruction, instructors, and records 24
of the program. In the event a person sentenced under subsection (1) of this section 25
does not attend or satisfactorily complete state traffic school, the Transportation 26
Cabinet may deny that person a license or suspend the license of that person until 27 UNOFFICIAL COPY 24 RS BR 982
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he or she reschedules attendance or completes state traffic school, at which time a 1
denial or suspension shall be rescinded. 2
(4) Persons participating in the state traffic school as provided in this section shall pay 3
a fee of fifteen dollars ($15) to defray the cost of operating the school, except that if 4
enrollment in state traffic school is to satisfy the requirement of KRS 186.410(4)(c), 5
a fee shall not be assessed. Any funds collected pursuant to KRS 186.535(1) that 6
are dedicated to the photo license account for use in the state driver education 7
program may be used for the purposes of state traffic school. 8
(5) The following procedures shall govern persons attending state traffic school 9
pursuant to this section: 10
(a) A person convicted of any violation of traffic codes set forth in KRS Chapters 11
177, 186, or 189, and who is otherwise eligible, may in the sole discretion of 12
the trial judge, be sentenced to attend state traffic school. Upon payment of 13
the fee required by subsection (4) of this section, and upon successful 14
completion of state traffic school, the sentence to state traffic school shall be 15
the person's penalty in lieu of any other penalty, except for the payment of 16
court costs; 17
(b) Except as provided in KRS 189.990(29)[(28)], a person shall not be eligible to 18
attend state traffic school who has been cited for a violation of KRS Chapters 19
177, 186, or 189 that has a penalty of mandatory revocation or suspension of 20
an offender's driver's license; 21
(c) Except as provided in KRS 189.990(29)[(28)], a person shall not be eligible to 22
attend state traffic school for any violation if, at the time of the violation, the 23
person did not have a valid driver's license or the person's driver's license was 24
suspended or revoked by the cabinet; 25
(d) Except as provided in KRS 189.990(29)[(28)], a person shall not be eligible to 26
attend state traffic school more than once in any one (1) year period, unless 27 UNOFFICIAL COPY 24 RS BR 982
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the person wants to attend state traffic school to comply with the driver 1
education requirements of KRS 186.410; and 2
(e) The cabinet shall notify the sentencing court regarding any person who was 3
sentenced to attend state traffic school who was ineligible to attend state 4
traffic school. A court notified by the cabinet pursuant to this paragraph shall 5
return the person's case to an active calendar for a hearing on the matter. The 6
court shall issue a summons for the person to appear and the person shall 7
demonstrate to the court why an alternative sentence should not be imposed. 8
(6) (a) Except as provided in paragraph (b) of this subsection, a county attorney may 9
operate a traffic safety program for traffic offenders prior to the adjudication 10
of the offense. 11
(b) Offenders alleged to have violated KRS 189A.010 or 304.39-080, offenders 12
holding a commercial driver's license under KRS Chapter 281A, or offenders 13
coming within the provisions of subsection (5)(b) or (c) of this section shall 14
be excluded from participation in a county attorney-operated program. 15
(c) A county attorney that operates a traffic safety program: 16
1. May charge a reasonable fee to program participants, which shall only 17
be used for payment of county attorney office operating expenses; and 18
2. Shall, by October 1 of each year, report to the Prosecutors Advisory 19
Council the fee charged for the county attorney-operated traffic safety 20
program and the total number of traffic offenders diverted into the 21
county attorney-operated traffic safety program for the preceding fiscal 22
year categorized by traffic offense. 23
(d) Each participant in a county attorney-operated traffic safety program shall, in 24
addition to the fee payable to the county attorney, pay a twenty-five dollar 25
($25) fee to the court clerk, which shall be paid into a trust and agency 26
account with the Administrative Office of the Courts and is to be used by the 27 UNOFFICIAL COPY 24 RS BR 982
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circuit clerks to hire additional deputy clerks and to enhance deputy clerk 1
salaries. 2
(e) Each participant in a county attorney-operated traffic safety program shall, in 3
addition to the fee payable to the county attorney and the fee required by 4
paragraph (d) of this subsection, pay a thirty dollar ($30) fee to the county 5
attorney in lieu of court costs. On a monthly basis, the county attorney shall 6
forward the fees collected pursuant to this paragraph to the Finance and 7
Administration Cabinet to be distributed as follows: 8
1. Ten and eight-tenths percent (10.8%) to the spinal cord and head injury 9
research trust fund created in KRS 211.504; 10
2. Nine and one-tenth percent (9.1%) to the traumatic brain injury trust 11
fund created in KRS 211.476; 12
3. Five and eight-tenths percent (5.8%) to the special trust and agency 13
account set forth in KRS 42.320(2)(f) for the Department of Public 14
Advocacy; 15
4. Five and seven-tenths percent (5.7%) to the crime victims compensation 16
fund created in KRS 49.480; 17
5. One and two-tenths percent (1.2%) to the Justice and Public Safety 18
Cabinet to defray the costs of conducting record checks on prospective 19
firearms purchasers pursuant to the Brady Handgun Violence Prevention 20
Act and for the collection, testing, and storing of DNA samples; 21
6. Sixteen and eight-tenths percent (16.8%) to the county sheriff in the 22
county from which the fee was received; 23
7. Nine and one-tenth percent (9.1%) to the county treasurer in the county 24
from which the fee was received to be used by the fiscal court for the 25
purposes of defraying the costs of operation of the county jail and the 26
transportation of prisoners; 27 UNOFFICIAL COPY 24 RS BR 982
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8. Thirty-three and two-tenths percent (33.2%) to local governments in 1
accordance with the formula set forth in KRS 24A.176(5); and 2
9. Eight and three-tenths percent (8.3%) to the Cabinet for Health and 3
Family Services for the implementation and operation of a telephonic 4
behavioral health jail triage system as provided in KRS 210.365 and 5
441.048. 6
Section 11. KRS 189.271 is amended to read as follows: 7
(1) Notwithstanding any other provision of laws, the Transportation Cabinet may issue 8
special permits to the owners, operators, or lessees of motor vehicles for the 9
purpose of hauling industrial materials whose gross weight or dimensions, 10
including vehicle and load, exceeds the limits prescribed by this chapter or which in 11
other respects fail to comply with the requirements of this chapter. A separate 12
permit shall be required for each vehicle. Such permits shall be issued for specified 13
materials only and shall designate the portions of the state primary road system over 14
which such vehicle may operate pursuant to the permit. Such permit shall be issued 15
for a stated period of time determined by the applicant not to exceed three (3) years, 16
and an existing permit may be renewed pending an inspection by the cabinet of the 17
routes listed on the permit. Permits under this section shall be upon such terms and 18
conditions as the cabinet may, in its discretion, require in the public interest. 19
(2) The cabinet may establish a system by which a current permit holder can be granted 20
a new permit specifying different routes or materials without having to complete a 21
new application or pay a separate application fee. 22
(3) The cabinet shall require, as a condition to the issuance of the permit, that the 23
applicant pay a reasonable fee, to be fixed by the cabinet, and shall require that an 24
applicant convicted under provisions of KRS 189.990(3)[(2)](a) two (2) or more 25
times within a five (5) year period give bond, with approved surety, in an amount 26
not to exceed six thousand dollars ($6,000) for each vehicle to indemnify the 27 UNOFFICIAL COPY 24 RS BR 982
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Commonwealth of Kentucky against damage to highways or bridges resulting from 1
the operation of any motor vehicle under the authorization of such permit. A bond 2
acquired under this subsection may be carried forward to another permit if the 3
cabinet has not gone against the bond. 4
(4) The operation of any motor vehicle in accordance with the terms of any such permit 5
shall not constitute a violation of this chapter, if the operator has the permit, or a 6
copy of it, authenticated as the cabinet may require, in his or her possession. 7
(5) The cabinet shall not issue a permit under this section for a vehicle whose gross 8
weight, including vehicle and load, exceeds the maximum gross weight as provided 9
in KRS 189.222. 10
(6) The cabinet shall not issue a permit under this section for a vehicle whose 11
dimensions, including vehicle and load, exceed the maximum dimension as 12
provided in KRS 189.222. 13
(7) A person shall not operate a motor vehicle in violation of the terms and conditions 14
of any permit issued by the cabinet pursuant to this section. 15
(8) As used in this section, industrial materials shall mean all cargo, whether divisible 16
or indivisible, which a motor vehicle transports in the usual and ordinary course of 17
business and shall specifically include, but not be limited to, agricultural products, 18
minerals, or natural resources transported by a motor vehicle. 19
(9) The cabinet may: 20
(a) Exercise general supervision of the administering and enforcement of this 21
section. 22
(b) Promulgate administrative regulations, subject to the limitations of this 23
section, with respect to the issuance of a permit, including, but not limited to, 24
administrative regulations concerning the duration of permits and weight 25
limits for various types of vehicles, materials, and highways. 26
(c) Promulgate administrative regulations with respect to the amount, terms and 27 UNOFFICIAL COPY 24 RS BR 982
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conditions of the bond and the sufficiency of the surety of such bond required 1
by this section. The cabinet shall allow applicants not required to post a surety 2
bond under subsection (3) of this section to self-insure to meet the bonding 3
requirements of this section. 4
(d) Issue, continue in effect, revoke, modify, or deny, under such conditions as 5
the cabinet may prescribe, permits provided for under this section. 6
Section 12. KRS 189.370 is amended to read as follows: 7
(1) If any school or church bus used in the transportation of children is stopped upon a 8
highway for the purpose of receiving or discharging passengers, with the stop arm 9
and signal lights activated, the operator of a vehicle approaching from any direction 10
shall bring his or her vehicle to a stop and shall not proceed until the bus has 11
completed receiving or discharging passengers and has been put into motion. The 12
stop requirement provided for in this section shall not apply to vehicles approaching 13
a stopped bus from the opposite direction upon a highway of four (4) or more lanes. 14
(2) Subsection (1) of this section shall be applicable only when the bus displays the 15
markings and equipment required by Kentucky minimum specifications for school 16
buses. 17
(3) If any vehicle is witnessed to be in violation of subsection (1) of this section and the 18
identity of the operator is not otherwise apparent, it shall be a rebuttable 19
presumption that the person in whose name the vehicle is registered or leased was 20
the operator of the vehicle at the time of the alleged violation and is subject to the 21
penalties as provided for in KRS 189.990(6)[(5)]. 22
Section 13. KRS 431.452 is amended to read as follows: 23
(1) An offense which is designated as subject to prepayment by specific statutory 24
designation may be prepaid by the violator subject to the terms and conditions of 25
the statute involved. 26
(2) When an offense that is not designated as subject to prepayment by specific 27 UNOFFICIAL COPY 24 RS BR 982
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statutory designation is cited on the same citation with another offense that is 1
subject to prepayment, the officer shall cite the violator to court for all cited 2
offenses. However, if the offense for which prepayment is not allowed is dismissed 3
by the judge prior to the court date listed on the citation, the offense subject to 4
prepayment by specific statutory designation may be prepaid by the violator, and 5
the violator shall not be required to appear in court. 6
(3) An offense which is designated as subject to prepayment is subject to the following 7
conditions: 8
(a) Designation as subject to prepayment does not preclude a physical arrest by a 9
peace officer for that offense; 10
(b) Designation as subject to prepayment shall preclude a requirement that the 11
defendant make a court appearance on a uniform citation; 12
(c) Except as provided for in KRS 189.990(27)[(26)], for any offense designated 13
as subject to prepayment, the defendant may elect to pay the minimum fine 14
for the offense plus court costs to the circuit clerk before the date of his or her 15
trial or be tried in the normal manner, unless the citation is marked for 16
mandatory court appearance pursuant to KRS 431.015 or subsection (2) of 17
this section, except that the fine for violations of KRS 189.221, 189.222, 18
189.226, 189.270, or 189.271 shall be in accordance with KRS 19
189.990(3)[(2)](a) and the defendant shall not be allowed to pay the minimum 20
fine as otherwise allowed by this paragraph; and 21
(d) Prepayment of the fine and costs shown on the citation or accompanying 22
schedule shall be considered as a plea of guilty for all purposes. 23
(4) When a peace officer issues a uniform citation and no physical arrest is made he or 24
she shall, where the citation is designated as subject to prepayment, mark the 25
citation as "PAYABLE", except as provided in KRS 431.015 or subsection (2) of 26
this section. 27 UNOFFICIAL COPY 24 RS BR 982
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(5) The Administrative Office of the Courts, after consultation with the Department of 1
Kentucky State Police, the Transportation Cabinet, the Division of Forestry, the 2
Department of Fish and Wildlife Resources, and a representative of law 3
enforcement shall develop a prepayable fine and cost schedule and a uniform 4
statewide instruction sheet for the Commonwealth. 5