Kentucky 2025 Regular Session

Kentucky Senate Bill SB99 Latest Draft

Bill / Introduced Version

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AN ACT relating to operating a motor vehicle. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 189.292 is amended to read as follows: 3 
(1) As used in this section:[,] 4 
(a) "Operating a motor vehicle": 5 
1. Means to operate a motor vehicle on a highway, including while 6 
temporarily stationary because of traffic, a traffic control device, or 7 
other momentary delays and circumstances; and 8 
2. Does not include a circumstance in which the vehicle has been pulled 9 
over to the side of, or off, an active roadway and has stopped in a 10 
location where it can safely remain stationary; 11 
(b) "Personal communication device" means a portable device capable of two-12 
way[two (2) way] audio or text communication that emits an audible signal, 13 
vibrates, displays a message, or otherwise summons or delivers 14 
communication to the possessor; and 15 
(c) "Use" or "uses" means: 16 
1. Using at least one (1) hand to hold a personal communication device; 17 
2. Pressing more than a single button to activate, deactivate, or initiate a 18 
feature or function of a personal communication device; or 19 
3. Reaching for a personal communication device in a manner that 20 
requires the driver to no longer be in a seated driving position or 21 
properly restrained by a safety belt[, including but not limited to a 22 
paging device and a cellular telephone]. 23 
(2) Except as provided in subsection (3) of this section, a[no] person shall not use a 24 
personal communication device[,] while operating a motor vehicle to[ that is in 25 
motion on the traveled portion of a roadway,] write, send, or read text-based 26 
communication[communication using a personal communication device to 27  UNOFFICIAL COPY  	25 RS BR 205 
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manually communicate with any person using text-based communication, including 1 
but not limited to communications referred to as a text message, instant message, or 2 
electronic mail]. 3 
(3) Subsection (2) of this section shall not apply to: 4 
(a) [The use of a global positioning system feature of a personal communication 5 
device; 6 
(b) The use of a global positioning or navigation system that is physically or 7 
electronically integrated into the motor vehicle; 8 
(c) The reading, selecting, or entering of a telephone number or name in a 9 
personal communication device for the purpose of making a phone call; 10 
(d) ]An operator of an emergency or public safety vehicle[,] when the use of a 11 
personal communication device is an essential function of the operator's 12 
official duties;[ or] 13 
(b)[(e)] The operator of a motor vehicle who writes a text message on a personal 14 
communication device to: 15 
1. Report illegal activity; 16 
2. Summon medical help; 17 
3. Summon a law enforcement or public safety agency; or 18 
4. Prevent injury to a person or property; or 19 
(c) An operator of a school bus who is subject to KRS 281A.205. 20 
(4) The secretary of the Transportation Cabinet may promulgate administrative 21 
regulations pursuant to KRS Chapter 13A to implement the provisions of this 22 
section, including but not limited to updates or advances in the automotive and 23 
information technology industries. 24 
Section 2.   KRS 189.294 is amended to read as follows: 25 
(1) As used in this section, the following terms["personal communication device" 26 
shall] have the same meaning as [defined ]in KRS 189.292:[.] 27  UNOFFICIAL COPY  	25 RS BR 205 
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(a) "Operating a motor vehicle"; and 1 
(b) "Personal communication device." 2 
(2) Any person under the age of eighteen (18) who has been issued an instruction 3 
permit, intermediate license, or operator's license shall not use a personal 4 
communication device in any manner, including hands-free operation otherwise 5 
permitted under Section 1 of this Act, while operating[operate] a motor vehicle, 6 
[motorcycle, or moped that is in motion on the traveled portion of a roadway while 7 
using a personal communication device, ]except to summon medical help or a law 8 
enforcement or public safety agency in an emergency situation. 9 
(3) [Use of a personal communication device does not include a stand-alone global 10 
positioning system, a global positioning or navigation system that is physically or 11 
electronically integrated into the motor vehicle, or an in-vehicle security, 12 
diagnostics, and communications system, but does include manually entering 13 
information into the global positioning system feature of a personal communication 14 
device. 15 
(4) This section shall not apply to the use of a citizens band radio or an amateur radio 16 
by a motor vehicle operator. 17 
(5) ]The secretary of the Transportation Cabinet may promulgate administrative 18 
regulations in accordance with[ pursuant to] KRS Chapter 13A to implement[ the 19 
provisions of] this section, including but not limited to updates or advances in the 20 
automotive and information technology industries. 21 
Section 3.   KRS 189.990 is amended to read as follows: 22 
(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 23 
subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to 24 
(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 25 
(4) of KRS 189.190, KRS 189.200, 189.285, subsection (1) or (2) of KRS 189.290, 26 
189.300 to 189.360, KRS 189.380, KRS 189.400 to 189.430, KRS 189.450 to 27  UNOFFICIAL COPY  	25 RS BR 205 
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189.458, KRS 189.4595 to 189.480, subsection (1) of KRS 189.520, KRS 189.540, 1 
KRS 189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 2 
189.345, subsection (6) of KRS 189.456, and 189.960 shall be fined not less than 3 
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 4 
Any person who violates subsection (1)(a) of KRS 189.580 shall be fined not less 5 
than twenty dollars ($20) nor more than two thousand dollars ($2,000) or 6 
imprisoned in the county jail for not more than one (1) year, or both, unless the 7 
accident involved death or serious physical injury and the person knew or should 8 
have known of the death or serious physical injury, in which case the person shall 9 
be guilty of a Class D felony. Any person who violates paragraph (c) of subsection 10 
(5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than 11 
thirty dollars ($30). Neither court costs nor fees shall be taxed against any person 12 
violating paragraph (c) of subsection (5) of KRS 189.390. 13 
(2) (a) 1. Except as provided in subparagraph 2. of this paragraph, any person 14 
who violates the weight provisions of KRS 189.212, 189.221, 189.222, 15 
189.226, 189.230, 189.270, or 189.2713 shall be fined two cents ($0.02) 16 
per pound for each pound of excess load when the excess is five 17 
thousand (5,000) pounds or less. When the excess exceeds five thousand 18 
(5,000) pounds the fine shall be two cents ($0.02) per pound for each 19 
pound of excess load, but the fine levied shall not be less than one 20 
hundred dollars ($100) and shall not be more than five hundred dollars 21 
($500). 22 
2. Any person who violates a posted bridge weight limit on a state-23 
maintained bridge that is more than seventy-five (75) years old shall be 24 
fined: 25 
a. Five hundred dollars ($500) for the first offense; 26 
b. One thousand dollars ($1,000) for the second offense within a one 27  UNOFFICIAL COPY  	25 RS BR 205 
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(1) year period; and 1 
c. Two thousand dollars ($2,000) for any subsequent offense within a 2 
one (1) year period. 3 
 The Transportation Cabinet shall erect signs warning drivers of the 4 
increased fines in this subparagraph. Signs erected under this 5 
subparagraph shall be placed in such a manner that drivers are given 6 
adequate warning in order to exit the road prior to crossing the bridge. If 7 
warning signs are not erected in accordance with this subparagraph, the 8 
fines in this subparagraph shall not apply and violators shall be fined 9 
under subparagraph 1. of this paragraph. 10 
(b) Any person who violates the provisions of KRS 189.271 and is operating on a 11 
route designated on the permit shall be fined one hundred dollars ($100); 12 
otherwise, the penalties in paragraph (a) of this subsection shall apply. 13 
(c) Any person who violates any provision of subsection (2) or (3) of KRS 14 
189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 15 
189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 16 
another penalty is not specifically provided shall be fined not less than ten 17 
dollars ($10) nor more than five hundred dollars ($500). 18 
(d) 1. Any person who violates the provisions of KRS 177.985 while operating 19 
on a route designated in KRS 177.986 shall be fined one hundred dollars 20 
($100). 21 
2. Any person who operates a vehicle with a permit under KRS 177.985 in 22 
excess of eighty thousand (80,000) pounds while operating on a route 23 
not designated in KRS 177.986 shall be fined one thousand dollars 24 
($1,000). 25 
(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 26 
prejudice or affect the authority of the Department of Vehicle Regulation to 27  UNOFFICIAL COPY  	25 RS BR 205 
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suspend or revoke certificates of common carriers, permits of contract 1 
carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 2 
to 189.228 or any other act applicable to motor vehicles, as provided by law. 3 
(3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 4 
more than fifteen dollars ($15). 5 
(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 6 
less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 7 
(4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 8 
less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 9 
(b) Any peace officer who fails, when properly informed, to enforce KRS 10 
189.210 shall be fined not less than twenty-five dollars ($25) nor more than 11 
one hundred dollars ($100). 12 
(c) All fines collected under this subsection, after payment of commissions to 13 
officers entitled thereto, shall go to the county road fund if the offense is 14 
committed in the county, or to the city street fund if committed in the city. 15 
(5) Any person who violates KRS 189.370 shall for the first offense be fined not less 16 
than one hundred dollars ($100) nor more than two hundred dollars ($200) or 17 
imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 18 
each subsequent offense occurring within three (3) years, the person shall be fined 19 
not less than three hundred dollars ($300) nor more than five hundred dollars 20 
($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 21 
both. The minimum fine for this violation shall not be subject to suspension. A 22 
minimum of six (6) points shall be assessed against the driving record of any person 23 
convicted. 24 
(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 25 
($15) in excess of the cost of the repair of the road. 26 
(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 27  UNOFFICIAL COPY  	25 RS BR 205 
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twenty dollars ($20) nor more than fifty dollars ($50). 1 
(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 2 
less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 3 
(9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty-4 
five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 5 
not less than thirty (30) days nor more than twelve (12) months, or both. 6 
(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty-7 
five dollars ($35) nor more than one hundred dollars ($100). 8 
(10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a 9 
Class B misdemeanor. 10 
(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 11 
thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 12 
(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 13 
this section shall, in the case of a public highway, be paid into the county road fund, 14 
and, in the case of a privately owned road or bridge, be paid to the owner. These 15 
fines shall not bar an action for damages for breach of contract. 16 
(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not 17 
less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 18 
offense. 19 
(14) Any person who violates any provision of KRS 189.575 shall be fined not less than 20 
twenty dollars ($20) nor more than twenty-five dollars ($25). 21 
(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 22 
twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 23 
(16) Any person who violates restrictions or regulations established by the secretary of 24 
transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 25 
be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 26 
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 27  UNOFFICIAL COPY  	25 RS BR 205 
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imprisoned for thirty (30) days, or both. 1 
(17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 2 
of a Class B misdemeanor. 3 
(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 4 
case of violation by any person in whose name the vehicle used in the 5 
transportation of inflammable liquids or explosives is licensed, the person 6 
shall be fined not less than one hundred dollars ($100) nor more than five 7 
hundred dollars ($500). Each violation shall constitute a separate offense. 8 
(18) Any person who abandons a vehicle upon the right-of-way of a state highway for 9 
three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor 10 
more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 11 
nor more than thirty (30) days. 12 
(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 13 
unless the offense is being committed by a defendant fleeing the commission of a 14 
felony offense which the defendant was also charged with violating and was 15 
subsequently convicted of that felony, in which case it is a Class A misdemeanor. 16 
(20) Any law enforcement agency which fails or refuses to forward the reports required 17 
by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 18 
(21) A person who operates a bicycle in violation of the administrative regulations 19 
promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 20 
nor more than one hundred dollars ($100). 21 
(22) Any person who violates KRS 189.860 shall be fined not more than five hundred 22 
dollars ($500) or imprisoned for not more than six (6) months, or both. 23 
(23) Any person who violates KRS 189.754 shall be fined not less than twenty-five 24 
dollars ($25) nor more than three hundred dollars ($300). 25 
(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 26 
dollars ($50). This fine shall be subject to prepayment. A fine imposed under this 27  UNOFFICIAL COPY  	25 RS BR 205 
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subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 1 
court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 2 
or any other additional fees or costs. 3 
(25) Any person who violates the provisions of KRS 189.125(3)(b) shall[ not be issued a 4 
uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 5 
For a violation on or after July 1, 2009, the person shall] be fined thirty dollars 6 
($30). This fine shall be subject to prepayment. A fine imposed under this 7 
subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 8 
court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 9 
any other additional fees or costs. A person who has not been previously charged 10 
with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 11 
the requirements of KRS 189.125. Upon presentation of sufficient proof of the 12 
acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 13 
(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 14 
amount not to exceed twenty-five dollars ($25). This fine shall be subject to 15 
prepayment. A fine imposed under this subsection shall not be subject to court costs 16 
pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee 17 
imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 18 
(27) Fines levied pursuant to this chapter shall be assessed in the manner required by 19 
KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall 20 
be governed by KRS 534.020 and 534.060. 21 
(28) A licensed driver under the age of eighteen (18) charged with a moving violation 22 
pursuant to this chapter as the driver of a motor vehicle may be referred, prior to 23 
trial, by the court to a diversionary program. The diversionary program under this 24 
subsection shall consist of one (1) or both of the following: 25 
(a) Execution of a diversion agreement which prohibits the driver from operating 26 
a vehicle for a period not to exceed forty-five (45) days and which allows the 27  UNOFFICIAL COPY  	25 RS BR 205 
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court to retain the driver's operator's license during this period; and 1 
(b) Attendance at a driver improvement clinic established pursuant to KRS 2 
186.574. If the person completes the terms of this diversionary program 3 
satisfactorily the violation shall be dismissed. 4 
(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall 5 
be fined two hundred fifty dollars ($250). The fines and costs for a violation of 6 
subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 7 
accordance with KRS 24A.180. Once deposited into the State Treasury, ninety 8 
percent (90%) of the fine collected under this subsection shall immediately be 9 
forwarded to the personal care assistance program under KRS 205.900 to 205.920. 10 
Ten percent (10%) of the fine collected under this subsection shall annually be 11 
returned to the county where the violation occurred and distributed equally to all 12 
law enforcement agencies within the county. 13 
(30) Any person who violates KRS 189.292 or 189.294 shall be fined one hundred 14 
dollars ($100). No points shall be assessed against the driving record of any 15 
person convicted of this offense[twenty-five dollars ($25) for the first offense and 16 
fifty dollars ($50) for each subsequent offense]. 17 
(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 18 
hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 19 
imposed under this subsection shall not be subject to court costs pursuant to KRS 20 
24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 21 
KRS 24A.1765, or any other additional fees or costs. 22 
(32) Any person who violates subsection (3) or (4) of KRS 189.290 and causes physical 23 
injury to a person shall be fined five hundred dollars ($500). 24 
Section 4.   KRS 186.560 is amended to read as follows: 25 
(1) The cabinet shall forthwith revoke the license of any operator of a motor vehicle 26 
upon receiving record of his or her: 27  UNOFFICIAL COPY  	25 RS BR 205 
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(a) Conviction of any of the following offenses: 1 
1. Murder or manslaughter resulting from the operation of a motor vehicle; 2 
2. Driving a vehicle which is not a motor vehicle while under the influence 3 
of alcohol or any other substance which may impair one's driving 4 
ability; 5 
3. Perjury or the making of a false affidavit under KRS 186.400 to 186.640 6 
or any law requiring the registration of motor vehicles or regulating their 7 
operation on highways; 8 
4. Any felony in the commission of which a motor vehicle is used; 9 
5. Conviction or forfeiture of bail upon three (3) charges of reckless 10 
driving within the preceding twelve (12) months; 11 
6. Conviction of driving a motor vehicle involved in an accident and 12 
failing to stop and disclose his or her identity at the scene of the 13 
accident; 14 
7. Conviction of theft of a motor vehicle or any of its parts, including the 15 
conviction of any person under the age of eighteen (18) years; 16 
8. Failure to have in full force and effect the security required by Subtitle 17 
39 of KRS Chapter 304 upon conviction of a second and each 18 
subsequent offense within any five (5) year period; 19 
9. Conviction for fraudulent use of a driver's license or use of a fraudulent 20 
driver's license to purchase or attempt to purchase alcoholic beverages, 21 
as defined in KRS 241.010, in violation of KRS 244.085(4); 22 
10. Conviction of operating a motor vehicle, motorcycle, or moped without 23 
an operator's license as required by KRS 186.410; 24 
11. Conviction of fleeing or evading police in the second degree when the 25 
offense involved the operation of a motor vehicle;[ and] 26 
12. Conviction of violating the provisions of KRS 189.290(3) or (4); and 27  UNOFFICIAL COPY  	25 RS BR 205 
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13. Conviction of violating Section 2 of this Act; or 1 
(b) Being found incompetent to stand trial under KRS Chapter 504. 2 
(2) If the person convicted of any offense named in subsection (1) of this section or 3 
who is found incompetent to stand trial is not the holder of a license, the cabinet 4 
shall deny the person so convicted a license for the same period of time as though 5 
he or she had possessed a license which had been revoked. If through an 6 
inadvertence the defendant should be issued a license, the cabinet shall forthwith 7 
cancel it. 8 
(3) The cabinet, upon receiving a record of the conviction of any person upon a charge 9 
of operating a motor vehicle while the license of that person is denied, or 10 
suspended, or revoked, or while his or her privilege to operate a motor vehicle is 11 
withdrawn, shall immediately extend the period of the first denial, suspension, 12 
revocation, or withdrawal for an additional like period. 13 
(4) The revocation or denial of a license or the withdrawal of the privilege of operating 14 
a motor vehicle for a violation of subsection (1)(a)1. of this section shall be for a 15 
period of not less than five (5) years. Revocations or denials under this section shall 16 
not be subject to any lessening of penalties authorized under any other provision of 17 
this section or any other statute. 18 
(5) Except as provided in subsections (3), (4), (8),[ and] (9), and (10) of this section, in 19 
all other cases, the revocation or denial of a license or the withdrawal of the 20 
privilege of operating a motor vehicle under this section shall be for a period of six 21 
(6) months, except that if the same person has had one (1) previous conviction of 22 
any offense enumerated in subsection (1) of this section, regardless of whether the 23 
person's license was revoked because of the previous conviction, the period of the 24 
revocation, denial, or withdrawal shall be one (1) year. If the person has had more 25 
than one (1) previous conviction of the offenses considered collectively as 26 
enumerated in subsection (1) of this section, regardless of whether the person's 27  UNOFFICIAL COPY  	25 RS BR 205 
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license was revoked for any previous conviction, the period of revocation, denial, or 1 
withdrawal shall be for not less than two (2) years. If the cabinet, upon receipt of 2 
the written recommendation of the court in which any person has been convicted of 3 
violating KRS 189.520(1) or 244.085(4) as relates to instances in which a driver's 4 
license or fraudulent driver's license was the identification used or attempted to be 5 
used in the commission of the offense, who has had no previous conviction of said 6 
offense, the person's operator's license shall not be revoked, but the person's 7 
operator's license shall be restricted to any terms and conditions the secretary in his 8 
or her discretion may require, provided the person has enrolled in an alcohol or 9 
substance abuse education or treatment program as the cabinet shall require. If the 10 
person fails to satisfactorily complete the education or treatment program or 11 
violates the restrictions on his or her operator's license, the cabinet shall 12 
immediately revoke his or her operator's license for a period of six (6) months. 13 
(6) In order to secure the reinstatement of a license to operate a motor vehicle or 14 
motorcycle restored following a period of suspension pursuant to KRS Chapter 15 
189A, the person whose license is suspended shall comply with the fees and other 16 
procedures of the Transportation Cabinet with regard to the reinstatement of 17 
suspended licenses. 18 
(7) The cabinet shall revoke the license of any operator of a motor vehicle upon 19 
receiving notification that the person is under age eighteen (18) and has dropped out 20 
of school or is academically deficient, as defined in KRS 159.051(1). 21 
(8) A person under the age of eighteen (18) who is convicted of the offenses of 22 
subsections (1) or (3) of this section, except for subsection (1)(a)8.,[ or] 9., or 13. of 23 
this section, shall have his or her license revoked until he or she reaches the age of 24 
eighteen (18) or shall have his or her license revoked as provided in this section, 25 
whichever penalty will result in the longer period of revocation. 26 
(9) A revocation or denial of a license or the withdrawal of the privilege of operating a 27  UNOFFICIAL COPY  	25 RS BR 205 
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motor vehicle under this section due to a person being found incompetent to stand 1 
trial shall extend until the person is found competent to stand trial or the criminal 2 
case is dismissed. 3 
(10) A person under the age of eighteen (18) who is convicted of violating Section 2 of 4 
this Act shall have his or her license revoked for ninety (90) days. 5 
Section 5.   KRS 189.2327 is amended to read as follows: 6 
(1) Subject to the requirements of subsection (2) of this section, and except as provided 7 
in subsection (30) of Section 3 of this Act, if a violation of KRS 189.290 to 8 
189.575 or 189.910 to 189.960 occurred in a highway work zone, the fine shall be: 9 
(a) Five hundred dollars ($500) if no person is physically injured or dies as a 10 
result of the violation. Notwithstanding the provisions of KRS 189.999, the 11 
fine under this paragraph is prepayable; and 12 
(b) Not less than five hundred dollars ($500) nor more than ten thousand dollars 13 
($10,000) if the violation results in physical injury to or death of any person. 14 
(2) (a) In order for an increased fine to be imposed under this section, the highway 15 
work zone must have: 16 
1. Signs displayed informing drivers of the existence of a highway work 17 
zone and that fines are increased in it; and 18 
2. At least one (1) bona fide worker present. 19 
(b) If a violation of any of the offenses identified in subsection (1) of this section 20 
can be classified as a misdemeanor, those penalties shall apply in addition to 21 
the penalties in subsection (1) of this section. 22 
(3) All fines collected for violations in a highway work zone under this section shall be 23 
deposited into a separate trust and agency account within the Transportation 24 
Cabinet known as the "highway work zone safety fund." The highway work zone 25 
safety fund shall be used exclusively by the Transportation Cabinet to hire or pay 26 
for enhanced law enforcement of traffic laws within highway work zones. 27