Ky. Rev. Stat. § 189.990

Current through 2024 Ky. Acts ch.225

Section 189.990 - Penalties

(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to (3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to (4) of KRS 189.190, KRS 189.200, 189.285, subsection (1) or (2) of KRS 189.290, 189.300 to 189.360, KRS 189.380, KRS 189.400 to 189.430, KRS 189.450 to 189.458, KRS 189.4595 to 189.480, subsection (1) of KRS 189.520, KRS 189.540, KRS 189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 189.345, subsection (6) of KRS 189.456, and 189.960 shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. Any person who violates subsection (1)(a) of KRS 189.580 shall be fined not less than twenty dollars ($20) nor more than two thousand dollars ($2,000) or imprisoned in the county jail for not more than one (1) year, or both, unless the accident involved death or serious physical injury and the person knew or should have known of the death or serious physical injury, in which case the person shall be guilty of a Class D felony. Any person who violates paragraph (c) of subsection (5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than thirty dollars ($30). Neither court costs nor fees shall be taxed against any person violating paragraph (c) of subsection (5) of KRS 189.390.

(2)

(a)

1. Except as provided in subparagraph 2. of this paragraph, any person who violates the weight provisions of KRS 189.212, 189.221, 189.222, 189.226, 189.230, 189.270, or 189.2713 shall be fined two cents ($0.02) per pound for each pound of excess load when the excess is five thousand (5,000) pounds or less. When the excess exceeds five thousand (5,000) pounds the fine shall be two cents ($0.02) per pound for each pound of excess load, but the fine levied shall not be less than one hundred dollars ($100) and shall not be more than five hundred dollars ($500).

2. Any person who violates a posted bridge weight limit on a state-maintained bridge that is more than seventy-five (75) years old shall be fined:

a. Five hundred dollars ($500) for the first offense;

b. One thousand dollars ($1,000) for the second offense within a one (1) year period; and

c. Two thousand dollars ($2,000) for any subsequent offense within a one (1) year period.

The Transportation Cabinet shall erect signs warning drivers of the increased fines in this subparagraph. Signs erected under this subparagraph shall be placed in such a manner that drivers are given adequate warning in order to exit the road prior to crossing the bridge. If warning signs are not erected in accordance with this subparagraph, the fines in this subparagraph shall not apply and violators shall be fined under subparagraph 1. of this paragraph.

(b) Any person who violates the provisions of KRS 189.271 and is operating on a route designated on the permit shall be fined one hundred dollars ($100); otherwise, the penalties in paragraph (a) of this subsection shall apply.

(c) Any person who violates any provision of subsection (2) or (3) of KRS 189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 189.2713, 189.280, or the dimension provisions of KRS 189.212, for which another penalty is not specifically provided shall be fined not less than ten dollars ($10) nor more than five hundred dollars ($500).

(d)

1. Any person who violates the provisions of KRS 177.985 while operating on a route designated in KRS 177.986 shall be fined one hundred dollars ($100).

2. Any person who operates a vehicle with a permit under KRS 177.985 in excess of eighty thousand (80,000) pounds while operating on a route not designated in KRS 177.986 shall be fined one thousand dollars ($1,000).

(e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to prejudice or affect the authority of the Department of Vehicle Regulation to suspend or revoke certificates of common carriers, permits of contract carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 to 189.228 or any other act applicable to motor vehicles, as provided by law.

(3)

(a) Any person who violates subsection (1) of KRS 189.190 shall be fined not more than fifteen dollars ($15).

(b) Any person who violates subsection (5) of KRS 189.190 shall be fined not less than thirty-five dollars ($35) nor more than two hundred dollars ($200).

(4)

(a) Any person who violates subsection (1) of KRS 189.210 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).

(b) Any peace officer who fails, when properly informed, to enforce KRS 189.210 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).

(c) All fines collected under this subsection, after payment of commissions to officers entitled thereto, shall go to the county road fund if the offense is committed in the county, or to the city street fund if committed in the city.

(5) Any person who violates KRS 189.370 shall for the first offense be fined not less than one hundred dollars ($100) nor more than two hundred dollars ($200) or imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For each subsequent offense occurring within three (3) years, the person shall be fined not less than three hundred dollars ($300) nor more than five hundred dollars ($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or both. The minimum fine for this violation shall not be subject to suspension. A minimum of six (6) points shall be assessed against the driving record of any person convicted.

(6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars ($15) in excess of the cost of the repair of the road.

(7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than twenty dollars ($20) nor more than fifty dollars ($50).

(8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not less than thirty-five dollars ($35) nor more than one hundred dollars ($100).

(9)

(a) Any person who violates KRS 189.530(1) shall be fined not less than thirty-five dollars ($35) nor more than one hundred dollars ($100), or imprisoned not less than thirty (30) days nor more than twelve (12) months, or both.

(b) Any person who violates KRS 189.530(2) shall be fined not less than thirty-five dollars ($35) nor more than one hundred dollars ($100).

(10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a Class B misdemeanor.

(11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than thirty dollars ($30) nor more than one hundred dollars ($100) for each offense.

(12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of this section shall, in the case of a public highway, be paid into the county road fund, and, in the case of a privately owned road or bridge, be paid to the owner. These fines shall not bar an action for damages for breach of contract.

(13) Any person who violates any of the provisions of KRS 189.120 shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each offense.

(14) Any person who violates any provision of KRS 189.575 shall be fined not less than twenty dollars ($20) nor more than twenty-five dollars ($25).

(15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each offense.

(16) Any person who violates restrictions or regulations established by the secretary of transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned for thirty (30) days, or both.

(17)

(a) Any person who violates any of the provisions of KRS 189.565 shall be guilty of a Class B misdemeanor.

(b) In addition to the penalties prescribed in paragraph (a) of this subsection, in case of violation by any person in whose name the vehicle used in the transportation of inflammable liquids or explosives is licensed, the person shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each violation shall constitute a separate offense.

(18) Any person who abandons a vehicle upon the right-of-way of a state highway for three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor more than one hundred dollars ($100), or imprisoned for not less than ten (10) days nor more than thirty (30) days.

(19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, unless the offense is being committed by a defendant fleeing the commission of a felony offense which the defendant was also charged with violating and was subsequently convicted of that felony, in which case it is a Class A misdemeanor.

(20) Any law enforcement agency which fails or refuses to forward the reports required by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157.

(21) A person who operates a bicycle in violation of the administrative regulations promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100).

(22) Any person who violates KRS 189.860 shall be fined not more than five hundred dollars ($500) or imprisoned for not more than six (6) months, or both.

(23) Any person who violates KRS 189.754 shall be fined not less than twenty-five dollars ($25) nor more than three hundred dollars ($300).

(24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty dollars ($50). This fine shall be subject to prepayment. A fine imposed under this subsection shall not be subject to court costs pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, or any other additional fees or costs.

(25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. For a violation on or after July 1, 2009, the person shall be fined thirty dollars ($30). This fine shall be subject to prepayment. A fine imposed under this subsection shall not be subject to court costs pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or any other additional fees or costs. A person who has not been previously charged with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting the requirements of KRS 189.125. Upon presentation of sufficient proof of the acquisition, the charge shall be dismissed and no fees or costs shall be imposed.

(26) Any person who violates the provisions of KRS 189.125(6) shall be fined an amount not to exceed twenty-five dollars ($25). This fine shall be subject to prepayment. A fine imposed under this subsection shall not be subject to court costs pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, or any other additional fees or costs.

(27) Fines levied pursuant to this chapter shall be assessed in the manner required by KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall be governed by KRS 534.020 and 534.060.

(28) A licensed driver under the age of eighteen (18) charged with a moving violation pursuant to this chapter as the driver of a motor vehicle may be referred, prior to trial, by the court to a diversionary program. The diversionary program under this subsection shall consist of one (1) or both of the following:

(a) Execution of a diversion agreement which prohibits the driver from operating a vehicle for a period not to exceed forty-five (45) days and which allows the court to retain the driver's operator's license during this period; and

(b) Attendance at a driver improvement clinic established pursuant to KRS 186.574. If the person completes the terms of this diversionary program satisfactorily the violation shall be dismissed.

(29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall be fined two hundred fifty dollars ($250). The fines and costs for a violation of subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in accordance with KRS 24A.180. Once deposited into the State Treasury, ninety percent (90%) of the fine collected under this subsection shall immediately be forwarded to the personal care assistance program under KRS 205.900 to 205.920. Ten percent (10%) of the fine collected under this subsection shall annually be returned to the county where the violation occurred and distributed equally to all law enforcement agencies within the county.

(30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars ($25) for the first offense and fifty dollars ($50) for each subsequent offense.

(31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine imposed under this subsection shall not be subject to court costs pursuant to KRS 24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, or any other additional fees or costs.

(32) Any person who violates subsection (3) or (4) of KRS 189.290 and causes physical injury to a person shall be fined five hundred dollars ($500).

KRS 189.990

Effective: June 29, 2021

Amended 2021 Ky. Acts ch. 186, sec. 8, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 126, sec. 5, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 63, sec. 4, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 146, sec. 4, effective June 29, 2017; and ch. 158, sec. 9, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 21, sec. 4, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 110, sec. 4, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 108, sec. 2, effective July 15, 2008; and ch. 141, sec. 1, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 109, sec. 2, effective July 12, 2006; ch. 110, sec. 2, effective July 12, 2006; ch. 173, sec. 32, effective July 12, 2006; and ch. 180, sec. 10, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 131, sec. 3, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 183, sec. 18, effective August 1, 2002. -- Amended 2000 Ky. Acts ch. 319, sec. 3, effective July 14, 2000; ch. 449, sec. 1, effective April 21, 2000; ch. 467, sec. 25, effective October 1, 2000; ch. 481, sec. 2, effective July 14, 2000; and ch. 512, sec. 6, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 21, sec. 3, effective July 15, 1998; ch. 124, sec. 6, effective July 15, 1998; ch. 179, sec. 4, effective July 15, 1998; ch. 484, sec. 4, effective July 15, 1998; and ch. 606, sec. 69, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 39, sec. 2, effective July 15, 1994. - Amended 1992 Ky. Acts ch. 143, sec. 4, effective July 14, 1992; and ch. 229, sec. 4, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 400, sec. 3, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 72, sec. 1, effective July 15, 1988; ch. 232, sec. 2, effective July 15, 1988; ch. 262, sec. 6, effective July 15, 1988; ch. 293, sec. 1, effective July 15, 1988; and ch. 347, sec. 2, effective April 10, 1988. -- Amended 1984 Ky. Acts ch. 165, sec. 20(1) to (24), effective July 13, 1984, -- Amended 1980 Ky. Acts ch. 49, sec. 5, effective July 15, 1980; and ch. 305, sec. 2, effective July 15, 1980. -- Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 7, sec. 5, effective July 1, 1979. -- Amended 1978 Ky. Acts ch. 46, sec. 11, effective June 17, 1978; ch. 101, sec. 4, effective June 17, 1978; and ch. 384, sec. 54, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 36, sec. 2, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 101, sec. 7; ch. 217, sec. 2; ch. 258, sec. 5; and ch. 345, sec. 1(3). -- Amended 1972 Ky. Acts ch. 128, sec. 2; ch. 203, sec. 38; and ch. 299, sec. 2(4). -- Amended 1970 Ky. Acts ch. 92, sec. 60. -- Repealed in part by implication, 1968 Ky. Acts ch. 152, sec. 123. -- Amended 1956 Ky. Acts ch. 23, sec. 1; ch. 35, sec. 2; and ch. 125, sec. 3. -- Amended 1952 Ky. Acts ch. 206, sec. 1. -- Amended 1950 Ky. Acts ch. 48, sec. 4; ch. 96, sec. 2; ch. 97, secs. 2 and 3; and ch. 115, sec. 9. -- Amended 1948 Ky. Acts ch. 171, sec. 2.. -- Amended 1946 Ky. Acts ch. 96, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1376r-2, 1376r-10, 2739g-34a, 2739g-34b, 2739g-46a, 2739g-53b, 2739g-65, 2739g-69ee, 2739g-93, 2739i-2, 2896a-15, 4345, 4345a-6, 4346, 4346a-5, 4348, 4353b-4.

Amended by 2024 Ky. Acts ch. 198,§ 19, eff. 7/15/2024.

Amended by 2023 Ky. Acts ch. 183,§ 2, eff. 6/28/2023.

Amended by 2021 Ky. Acts ch. 186,§ 8, eff. 6/29/2021.

Amended by 2019 Ky. Acts ch. 126,§ 5, eff. 6/26/2019.

Amended by 2018 Ky. Acts ch. 63,§ 4, eff. 7/14/2018.

Amended by 2017 Ky. Acts ch. 158,§ 9, eff. 6/29/2017.

Amended by 2017 Ky. Acts ch. 146,§ 4, eff. 6/29/2017.

Amended by 2013 Ky. Acts ch. 21,§ 4, eff. 6/24/2013.

Effective:7/15/2010
Amended 2010, Ky. Acts ch. 110, sec. 4, effective7/15/2010. -- Amended 2008, Ky. Acts ch. 108, sec. 2, effective 7/15/2008; and ch. 141, sec. 1, effective 7/15/2008. -- Amended 2006, Ky. Acts ch. 109, sec. 2, effective 7/12/2006; ch. 110, sec. 2, effective 7/12/2006; ch. 173, sec. 32, effective 7/12/2006; and ch. 180, sec. 10, effective 7/12/2006. -- Amended 2004, Ky. Acts ch. 131, sec. 3, effective 7/13/2004. -- Amended 2002, Ky. Acts ch. 183, sec. 18, effective 8/1/2002. -- Amended 2000, Ky. Acts ch. 319, sec. 3, effective 7/14/2000; ch. 449, sec. 1, effective 4/21/2000; ch. 467, sec. 25, effective 10/1/2000; ch. 481, sec. 2, effective 7/14/2000; and ch. 512, sec. 6, effective 7/14/2000. --Amended 1998, Ky. Acts ch. 21, sec. 3, effective 7/15/1998; ch. 124, sec. 6, effective 7/15/1998; ch. 179, sec. 4, effective 7/15/1998; ch. 484, sec. 4, effective 7/15/1998; and ch. 606, sec. 69, effective 7/15/1998. -- Amended 1994 Ky. Acts ch. 39, sec. 2, effective 7/15/1994. - Amended 1992 Ky. Acts ch. 143, sec. 4, effective 7/14/1992; and ch. 229, sec. 4, effective 7/14/1992. --Amended 1990 Ky. Acts ch. 400, sec. 3, effective 7/13/1990. -- Amended 1988 Ky. Acts ch. 72, sec. 1, effective 7/15/1988; ch. 232, sec. 2, effective 7/15/1988; ch. 262, sec. 6, effective 7/15/1988; ch. 293, sec. 1, effective 7/15/1988; and ch. 347, sec. 2, effective 4/10/1988. -- Amended 1984 Ky. Acts ch. 165, sec. 20(1) to (24), effective 7/13/1984, -- Amended 1980 Ky. Acts ch. 49, sec. 5, effective 7/15/1980; and ch. 305, sec. 2, effective 7/15/1980. -- Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 7, sec. 5, effective 7/1/1979. -- Amended 1978 Ky. Acts ch. 46, sec. 11, effective 6/17/1978; ch. 101, sec. 4, effective 6/17/1978; and ch. 384, sec. 54, effective 6/17/1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 36, sec. 2, effective 1/2/1978. -- Amended 1974 Ky. Acts ch. 101, sec. 7; ch. 217, sec. 2; ch. 258, sec. 5; and ch. 345, sec. 1(3). -- Amended 1972 Ky. Acts ch. 128, sec. 2; ch. 203, sec. 38; and ch. 299, sec. 2(4). -- Amended 1970 Ky. Acts ch. 92, sec. 60. -- Repealed in part by implication, 1968 Ky. Acts ch. 152, sec. 123. -- Amended 1956 Ky. Acts ch. 23, sec. 1; ch. 35, sec. 2; and ch. 125, sec. 3. -- Amended 1952 Ky. Acts ch. 206, sec. 1. -- Amended 1950 Ky. Acts ch. 48, sec. 4; ch. 96, sec. 2; ch. 97, secs. 2 and 3; and ch. 115, sec. 9. --Amended 1948 Ky. Acts ch. 171, sec. 2.. -- Amended 1946 Ky. Acts ch. 96, sec. 1. --Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. secs. 1376r-2, 1376r-10, 2739g-34a, 2739g-34b, 2739g-46a, 2739g-53b, 2739g-65, 2739g-69ee, 2739g-93, 2739i-2, 2896a-15, 4345, 4345a-6, 4346, 4346a-5, 4348, 4353b-4.

Legislative Research Commission Note (6/29/2021). Subsection (31) was added to this statute by Section 8 of 2021 Ky. Acts ch. 186. Section 9 of that Act provides that "Sections 6 to 8 of this Act are part of a pilot program and shall sunset on July 1, 2024."

Legislative Research Commission Note (7/12/2006). Because of typographical error, in 2006 Ky. Acts ch. 173, sec. 32, which amended KRS 189.990, an erroneous reference to a nonexistent KRS section, KRS 189.599, appears in subsection (1). The correct citation is KRS 189.590. Under the authority of KRS 7.136(1), the Reviser of Statutes has inserted the correct citation.