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AN ACT relating to motor vehicle racing. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 189.505 is amended to read as follows: 3
(1) Except racing events permitted under KRS 189.503, no person shall: 4
(a) Engage upon any street or highway in motor vehicle racing, drag racing, or 5
any other form of competition involving motor vehicles; or[, except racing 6
events permitted under KRS 189.503] 7
(b) Knowingly promote, organize, or facilitate a motor vehicle race, drag race, 8
or any other form of competition involving motor vehicles upon any street 9
or highway. 10
(2) As used in this section, "facilitate" means to engage in activity constituting 11
criminal facilitation as defined in KRS 506.080. 12
Section 2. KRS 189.993 is amended to read as follows: 13
(1) Any person who violates KRS 189.045 shall be fined not less than one hundred 14
dollars ($100) nor more than one thousand dollars ($1,000). 15
(2) Any person convicted of violating any of the provisions of KRS 189.095 shall be 16
fined sixty dollars ($60) and costs of prosecution. 17
(3) Any person who violates any provision of KRS 189.205 shall be fined not less than 18
twenty dollars ($20) nor more than one hundred dollars ($100). 19
(4) Any person who violates any provision of KRS 189.375 shall be fined not less than 20
twenty dollars ($20) nor more than one hundred dollars ($100). 21
(5) Any person who violates KRS 189.505 shall: 22
(a) For the first offense: 23
1. Be fined not less than five hundred dollars ($500)[sixty dollars ($60)] 24
nor more than one thousand dollars ($1,000)[two hundred dollars 25
($200)] or be imprisoned for not more than six (6) months[thirty (30) 26
days], or both; and 27 UNOFFICIAL COPY 25 RS BR 269
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2. In accordance with KRS 70.155 or 82.625, have any motor vehicle 1
used by the person in the commission of the violation impounded for 2
not less than ninety (90) days; and 3
(b) For a second or subsequent offense: 4
1. Be fined not less than one thousand dollars ($1,000) nor more than 5
two thousand dollars ($2,000) or be imprisoned for not more than one 6
(1) year, or both; 7
2. Have his or her operator's license, as defined in KRS 186.401, 8
suspended in accordance with Section 3 of this Act; and 9
3. Have any motor vehicle used by the person in the commission of the 10
violation forfeited to the state to be disposed of in accordance with 11
KRS 500.090. 12
(6) Any person found violating any provision of KRS 189.820 or 189.830 is guilty of a 13
misdemeanor and shall be fined not less than twenty dollars ($20) nor more than 14
thirty-five dollars ($35). 15
(7) Any person who violates KRS 189.920 shall be fined not less than one hundred 16
dollars ($100) nor more than one thousand dollars ($1,000), or imprisoned in the 17
county jail for not more than thirty (30) days, or both. In the case of a private 18
vehicle not authorized to use emergency lights under KRS 189.920, all lighting and 19
other equipment used in violation of KRS 189.910 to 189.950 shall be confiscated 20
and forfeited to the county in which the offense occurred. 21
(8) Any person who violates KRS 189.930 shall be fined not less than sixty dollars 22
($60) nor more than five hundred dollars ($500), or be imprisoned in the county jail 23
for not more than thirty (30) days, or both. 24
(9) Any person who violates KRS 189.940 shall be fined not less than sixty dollars 25
($60) nor more than one thousand dollars ($1,000) or be imprisoned in the county 26
jail for not more than six (6) months, or both. In the case of a private vehicle, except 27 UNOFFICIAL COPY 25 RS BR 269
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as outlined in subsection (11) of this section, all lighting and other equipment used 1
in violation of KRS 189.910 to 189.950 shall be confiscated and forfeited to the 2
county in which the offense occurred. 3
(10) If a member of a regular or volunteer fire department, ambulance service, or rescue 4
squad violates any provisions of subsection (6) of KRS 189.940, he or she shall, in 5
addition to any other penalty provided under KRS 189.990 or this section, be 6
immediately dismissed from his or her membership or employment with the fire 7
department, ambulance service, or rescue squad and shall be disqualified from 8
being employed by or being a member of any fire department, ambulance service, 9
or rescue squad in the Commonwealth for a period of three (3) years. Upon 10
conviction of a second offense he or she shall be permanently barred from 11
employment or membership in any fire department, ambulance service, rescue 12
squad, police department, or sheriff's office in the Commonwealth, nor shall he or 13
she be permitted to operate any public safety vehicle as defined in KRS 189.910. 14
(11) (a) Any person who violates KRS 189.950(3) shall be fined one hundred dollars 15
($100) for the first offense, two hundred dollars ($200) for the second offense, 16
and one thousand dollars ($1,000) for each subsequent offense. 17
(b) Except as provided in paragraph (a) of this subsection, any person who 18
violates KRS 189.950 shall be fined not less than one hundred dollars ($100) 19
nor more than one thousand dollars ($1,000) or be imprisoned in the county 20
jail for not more than thirty (30) days, or both. In the case of a privately 21
owned vehicle, all lighting and other equipment used or installed in violation 22
of KRS 189.910 to 189.950 shall be confiscated and forfeited to the county in 23
which the offense occurred. 24
(12) Any person who violates any provision of this chapter for which no penalty is 25
otherwise provided shall, upon conviction, be fined not less than twenty dollars 26
($20) nor more than one hundred dollars ($100) for each offense, except that no 27 UNOFFICIAL COPY 25 RS BR 269
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penalty shall be assessed for a violation of KRS 189.580(1)(b) or (6)(b). 1
(13) No producer or processor of natural resources shall allow the transporting of natural 2
resources over the highways of the Commonwealth in excess of the weight limits 3
without possessing a resource recovery road hauling permit. Violation for hauling 4
in excess of prescribed limits without possession of a permit or transporting natural 5
resources over prescribed limits of the resource recovery road hauling permit shall 6
be not less than five hundred dollars ($500) nor more than one thousand dollars 7
($1,000) for each violation and shall be deposited in the resource recovery road 8
fund. 9
Section 3. KRS 186.560 is amended to read as follows: 10
(1) The cabinet shall forthwith revoke the license of any operator of a motor vehicle 11
upon receiving record of his or her: 12
(a) Conviction of any of the following offenses: 13
1. Murder or manslaughter resulting from the operation of a motor vehicle; 14
2. Driving a vehicle which is not a motor vehicle while under the influence 15
of alcohol or any other substance which may impair one's driving 16
ability; 17
3. Perjury or the making of a false affidavit under KRS 186.400 to 186.640 18
or any law requiring the registration of motor vehicles or regulating their 19
operation on highways; 20
4. Any felony in the commission of which a motor vehicle is used; 21
5. Conviction or forfeiture of bail upon three (3) charges of reckless 22
driving within the preceding twelve (12) months; 23
6. [Conviction of ]Driving a motor vehicle involved in an accident and 24
failing to stop and disclose his or her identity at the scene of the 25
accident; 26
7. [Conviction of ]Theft of a motor vehicle or any of its parts, including the 27 UNOFFICIAL COPY 25 RS BR 269
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conviction of any person under the age of eighteen (18) years; 1
8. Failure to have in full force and effect the security required by Subtitle 2
39 of KRS Chapter 304 upon conviction of a second and each 3
subsequent offense within any five (5) year period; 4
9. [Conviction for ]Fraudulent use of a driver's license or use of a 5
fraudulent driver's license to purchase or attempt to purchase alcoholic 6
beverages, as defined in KRS 241.010, in violation of KRS 244.085(4); 7
10. [Conviction of ]Operating a motor vehicle, motorcycle, or moped 8
without an operator's license as required by KRS 186.410; 9
11. [Conviction of ]Fleeing or evading police in the second degree as 10
described in KRS 520.100 when the offense involved the operation of a 11
motor vehicle;[ and] 12
12. [Conviction of violating the provisions]A violation of KRS 189.290(3) 13
or (4); and[or] 14
13. A second or subsequent violation of Section 1 of this Act; or 15
(b) Being found incompetent to stand trial under KRS Chapter 504. 16
(2) If the person convicted of any offense named in subsection (1) of this section or 17
who is found incompetent to stand trial is not the holder of a license, the cabinet 18
shall deny the person so convicted a license for the same period of time as though 19
he or she had possessed a license which had been revoked. If through an 20
inadvertence the defendant should be issued a license, the cabinet shall forthwith 21
cancel it. 22
(3) The cabinet, upon receiving a record of the conviction of any person upon a charge 23
of operating a motor vehicle while the license of that person is denied, or 24
suspended, or revoked, or while his or her privilege to operate a motor vehicle is 25
withdrawn, shall immediately extend the period of the first denial, suspension, 26
revocation, or withdrawal for an additional like period. 27 UNOFFICIAL COPY 25 RS BR 269
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(4) The revocation or denial of a license or the withdrawal of the privilege of operating 1
a motor vehicle for a violation of subsection (1)(a)1. of this section shall be for a 2
period of not less than five (5) years. Revocations or denials under this section shall 3
not be subject to any lessening of penalties authorized under any other provision of 4
this section or any other statute. 5
(5) Except as provided in subsections (3), (4), (8), and (9) of this section, in all other 6
cases, the revocation or denial of a license or the withdrawal of the privilege of 7
operating a motor vehicle under this section shall be for a period of six (6) months, 8
except that if the same person has had one (1) previous conviction of any offense 9
enumerated in subsection (1) of this section, regardless of whether the person's 10
license was revoked because of the previous conviction, the period of the 11
revocation, denial, or withdrawal shall be one (1) year. If the person has had more 12
than one (1) previous conviction of the offenses considered collectively as 13
enumerated in subsection (1) of this section, regardless of whether the person's 14
license was revoked for any previous conviction, the period of revocation, denial, or 15
withdrawal shall be for not less than two (2) years. If the cabinet, upon receipt of 16
the written recommendation of the court in which any person has been convicted of 17
violating KRS 189.520(1) or 244.085(4) as relates to instances in which a driver's 18
license or fraudulent driver's license was the identification used or attempted to be 19
used in the commission of the offense, who has had no previous conviction of said 20
offense, the person's operator's license shall not be revoked, but the person's 21
operator's license shall be restricted to any terms and conditions the secretary in his 22
or her discretion may require, provided the person has enrolled in an alcohol or 23
substance abuse education or treatment program as the cabinet shall require. If the 24
person fails to satisfactorily complete the education or treatment program or 25
violates the restrictions on his or her operator's license, the cabinet shall 26
immediately revoke his or her operator's license for a period of six (6) months. 27 UNOFFICIAL COPY 25 RS BR 269
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(6) In order to secure the reinstatement of a license to operate a motor vehicle or 1
motorcycle restored following a period of suspension pursuant to KRS Chapter 2
189A, the person whose license is suspended shall comply with the fees and other 3
procedures of the [Transportation ]cabinet with regard to the reinstatement of 4
suspended licenses. 5
(7) The cabinet shall revoke the license of any operator of a motor vehicle upon 6
receiving notification that the person is under age eighteen (18) and has dropped out 7
of school or is academically deficient, as defined in KRS 159.051(1). 8
(8) A person under the age of eighteen (18) who is convicted of the offenses of 9
subsections (1) or (3) of this section, except for subsection (1)(a)8. or 9. of this 10
section, shall have his or her license revoked until he or she reaches the age of 11
eighteen (18) or shall have his license revoked as provided in this section, 12
whichever penalty will result in the longer period of revocation. 13
(9) A revocation or denial of a license or the withdrawal of the privilege of operating a 14
motor vehicle under this section due to a person being found incompetent to stand 15
trial shall extend until the person is found competent to stand trial or the criminal 16
case is dismissed. 17