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189.990 Penalties.
(1)
(2)
(3)
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, 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 (4) 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.
(a) Any person who violates the weight provisions of KRS 189.212, 189.221,
189.222, 189.226, 189.230, or 189.270 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).
(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, 189.280, 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) 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.
(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
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
($200).
(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.
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.
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.
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).
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).
(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).
Any person who violates any of the provisions of KRS 189.550 shall be guilty
of a Class B misdemeanor.
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.
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.
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.
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
(26)
(27)
(28)
(29)
(30)
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.
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.
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 534.060.
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.
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.
(a) Prior to January 1, 2011, any person who violates KRS 189.292 or
189.294 shall not be issued a uniform citation, but shall instead receive a
courtesy warning.
(b) On or after January 1, 2011, 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.
Effective:June 25, 2013
History: 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-53
b, 2739g-65, 2739g-69ee, 2739g-93, 2739i-2, 2896a-15, 4345, 4345a-6, 4346, 4
346a-5, 4348, 4353b-4.
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.
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