UNOFFICIAL COPY 25 RS BR 954
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AN ACT relating to highway work zones. 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 Sections 1 to 4 of this Act: 5
(a) "Automated speed enforcement device" means a device with one (1) or 6
more vehicle sensors that record a vehicle's speed and produce recorded 7
images of motor vehicles exceeding the speed limit; 8
(b) "Owner" means the registered owner of a motor vehicle or a lessee of a 9
motor vehicle under a lease of six (6) months or more, but does not include 10
a motor vehicle rental or leasing company or holder of a motor vehicle 11
dealer plate issued under KRS 186.053; 12
(c) "Program" means the automated speed enforcement in highway work zones 13
pilot program established under Section 2 of this Act; and 14
(d) "Recorded images" means images recorded by an automated speed 15
enforcement device: 16
1. On two (2) or more photographs or electronic images, or on videotape 17
or any other medium; and 18
2. Showing the driver and the rear of a motor vehicle and, on at least one 19
(1) image or portion of tape, clearly identifying the registration plate 20
number of the vehicle. 21
(2) This section shall expire July 1, 2029. 22
SECTION 2. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) Not later than January 1, 2026, the Transportation Cabinet shall establish a pilot 25
program for automated speed enforcement in highway work zones. 26
(2) If a motor vehicle is recorded by an automated speed enforcement device 27 UNOFFICIAL COPY 25 RS BR 954
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traveling in excess of ten (10) miles per hour over the posted speed limit inside of 1
a highway work zone where at least one (1) bona fide worker is present, the 2
owner shall be subject to a civil citation under this section and be subject to the 3
fines and, if applicable, the suspension or withholding of the vehicle's 4
registration under Section 3 of this Act. 5
(3) Within fourteen (14) days of the alleged violation, the cabinet shall mail to the 6
owner of a vehicle liable under subsection (2) of this section: 7
(a) A uniform civil citation as described in subsection (5) of this section; 8
(b) A copy of the recorded images; and 9
(c) A signed, sworn statement by a technician employed or contracted by the 10
cabinet that, based on inspection of recorded images, the motor vehicle was 11
being operated in a highway work zone where at least one (1) bona fide 12
worker was present and traveling in excess of ten (10) miles per hour over 13
the posted speed limit. This statement may be admissible in any hearing 14
alleging a violation under this section. 15
(4) The cabinet shall: 16
(a) Install signage in highway work zones notifying the public that vehicle 17
speed within the work zone may be enforced by an automated speed 18
enforcement device; and 19
(b) Calibrate the automated speed enforcement device on an annual basis. 20
(5) The cabinet shall promulgate administrative regulations in accordance with KRS 21
Chapter 13A: 22
(a) Establishing collection and enforcement procedures for the violation of this 23
section; 24
(b) Establishing an appeal process by which a person may contest a violation of 25
this section, or a violation of any administrative regulation promulgated 26
under this subsection, by way of an administrative hearing to be conducted 27 UNOFFICIAL COPY 25 RS BR 954
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in accordance with KRS Chapter 13B; 1
(c) Relating to any matters necessary to the efficient administration of 2
automated speed enforcement under this section; 3
(d) Prescribing a uniform civil citation form, which shall include: 4
1. The name and address of the registered owner of the vehicle; 5
2. The name and address of the driver of the vehicle, if different from the 6
owner; 7
3. The speed at which the defendant is alleged to have been driving in a 8
highway work zone; 9
4. The lawful speed limit applicable at the location where the violation is 10
charged to have occurred; 11
5. The date and time of the violation; 12
6. The location of the intersection, if applicable; 13
7. The amount of the civil fine imposed and the date by which the civil 14
fine should be paid; and 15
8. A warning that failure to pay the civil fine imposed or to contest the 16
matter in a timely manner is an admission of liability and shall result 17
in the suspension of the motor vehicle's registration; and 18
(e) Administering any other requirements of Sections 1 to 4 of this Act. 19
(6) This section shall expire July 1, 2029. 20
SECTION 3. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) Any person who violates subsection (2) of Section 2 of this Act shall be assessed a 23
civil fine of: 24
(a) Seventy-five dollars ($75) for the first violation; or 25
(b) One hundred twenty-five dollars ($125) for the second and each subsequent 26
violation within a three (3) year period. 27 UNOFFICIAL COPY 25 RS BR 954
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(2) Any person who receives a citation under this section shall, within thirty (30) 1
days of issuance: 2
(a) Pay the civil fine directly to the cabinet in accordance with the instructions 3
on the citation; or 4
(b) Contest the citation by an administrative hearing conducted in accordance 5
with KRS Chapter 13B. 6
(3) If the recipient of a citation does not contest the citation or pay the civil fine 7
within thirty (30) days: 8
(a) On or after thirty-one (31) days, but less than sixty (60) days from the date 9
of the citation, the recipient shall be assessed a late charge of fifty ($50) 10
dollars in addition to the civil fine; and 11
(b) On or after sixty-one (61) days from the date of the citation, the cabinet 12
shall suspend or withhold the annual registration of the vehicle used in the 13
commission of a speed violation until the fine and late charge have been 14
paid. 15
(4) All moneys received from civil fines and penalties under this section shall be 16
forwarded to the automated speed enforcement fund established in Section 4 of 17
this Act. 18
(5) In defense of a violation under Section 2 of this Act, the cabinet may consider: 19
(a) Proof that the motor vehicle or the motor vehicle registration plates were 20
stolen before the violation occurred and were not under the control or 21
possession of the owner at the time of the violation; 22
(b) A sworn statement attesting that the person named in the citation was not 23
operating the vehicle at the time of the violation. A person named in a 24
citation who submits a sworn statement in his or her defense under this 25
paragraph shall identify who was operating the vehicle at the time of the 26
violation, including, at a minimum, the operator's name and address; or 27 UNOFFICIAL COPY 25 RS BR 954
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(c) Proof that the driver of a motor vehicle received a citation from a police or 1
other law enforcement officer at the same approximate time of the image 2
captured by the automated speed enforcement device. 3
(6) On or before October 31, 2026, and annually thereafter until October 31, 2028, 4
the cabinet shall report to the Legislative Research Commission on the status of 5
the program for the previous fiscal year. The report shall include, at a minimum: 6
(a) The number of civil fines issued under this section; 7
(b) The total revenue received from civil fines issued under this section; 8
(c) A summary of the administrative costs of the program; 9
(d) The amount of funds transferred to the highway work zone safety fund; 10
(e) The amount of outstanding civil fines due to nonpayment; and 11
(f) The number of registrations suspended due to nonpayment of civil fines 12
issued under this section. 13
(7) This section shall expire July 1, 2029. 14
SECTION 4. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) There is hereby established a separate trust and agency account within the 17
Transportation Cabinet to be known as the automated speed enforcement fund. 18
The fund shall consist of moneys received from civil fines and penalties assessed 19
under Section 3 of this Act. 20
(2) The fund shall be administered by the Transportation Cabinet. 21
(3) Amounts deposited in the fund shall be used to defray the cost of administering 22
the program. 23
(4) Any moneys collected that exceed the costs outlined in subsection (3) of this 24
section shall be deposited into the highway work zone safety fund established in 25
KRS 189.2327 and used for the purposes of that fund. 26
(5) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal 27 UNOFFICIAL COPY 25 RS BR 954
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year shall not lapse but shall be carried forward into the next fiscal year. 1
(6) This section shall expire July 1, 2029. 2
Section 5. Sections 1 to 4 of this Act, as codified following the 2025 Regular 3
Session of the Kentucky General Assembly, shall be repealed effective July 1, 2029. 4
Section 6. The Transportation Cabinet shall submit a final report to the 5
Legislative Research Commission on or before October 1, 2029, regarding the status of 6
the automated speed enforcement in highway work zones pilot program in fiscal year 7
2028-2029 that includes the information required in subsection (6) of Section 3 of this 8
Act. 9
Section 7. Any moneys remaining in the automated speed enforcement fund at 10
the close of business on June 30, 2029, shall be deposited into the highway work zone 11
safety fund established in KRS 189.2327. Moneys received after June 30, 2029, from 12
citations issued under the automated speed enforcement in highway work zones pilot 13
program shall be deposited into the highway work zone safety fund established in KRS 14
189.2327. 15