2006 Kentucky Revised Statutes - .574   State traffic school for new drivers and for traffic offenders -- Fee -- Procedures.

186.574 State traffic school for new drivers and for traffic offenders -- Fee -- Procedures. (1) The Transportation Cabinet shall establish a state traffic school for new drivers and for traffic offenders. The school shall be composed of uniform education and training elements designed to create a lasting influence on new drivers and a corrective influence on traffic offenders. District Courts may in lieu of assessing penalties for traffic offenses, other than for KRS 189A.010, sentence offenders to state traffic school and no other. The Transportation Cabinet shall enroll a person in state traffic school who fails to complete a driver's education course pursuant to KRS 186.410(5). (2) If a District Court stipulates in its judgment of conviction that a person attend state traffic school, the court shall indicate this in the space provided on the abstract of conviction filed with the Transportation Cabinet. Upon receipt of an abstract, the Transportation Cabinet, or its representative, shall schedule the person to attend state traffic school. Failure of the person to attend and satisfactorily complete state traffic school in compliance with the court order, may be punished as contempt of the sentencing court. The Transportation Cabinet shall not assess points against a person who satisfactorily completes state traffic school. However, if the person referred to state traffic school holds or is required to hold a commercial driver's license, the underlying offense shall appear on the person's driving history record. (3) The Transportation Cabinet shall supervise, operate, and administer state traffic school, and shall promulgate administrative regulations pursuant to KRS Chapter 13A governing facilities, equipment, courses of instruction, instructors, and records of the program. In the event a person sentenced under subsection (1) of this section does not attend or satisfactorily complete state traffic school, the Transportation Cabinet may deny that person a license or suspend the license of that person until he reschedules attendance or completes state traffic school, at which time a denial or suspension shall be rescinded. (4) Persons participating in the state traffic school as provided in this section shall pay a fee of fifteen dollars ($15) to defray the cost of operating the school, except that if enrollment in state traffic school is to satisfy the requirement of KRS 186.410(4)(c), a fee shall not be assessed. Any funds collected pursuant to KRS 186.535(1) that are dedicated to the road fund for use in the state driver education program may be used for the purposes of state traffic school. (5) The following procedures shall govern persons attending state traffic school pursuant to this section: (a)  A person convicted of any violation of traffic codes set forth in KRS Chapters 177, 186, or 189, and who is otherwise eligible, may in the sole discretion of the trial judge, be sentenced to attend state traffic school. Upon payment of the fee required by subsection (4) of this section, and upon successful completion of state traffic school, the sentence to state traffic school shall be the person's penalty in lieu of any other penalty, except for the payment of court costs; (b)  Except as provided in KRS 189.990(27), a person shall not be eligible to attend state traffic school who has been cited for a violation of KRS Chapters Page 1 of 2 177, 186, or 189 that has a penalty of mandatory revocation or suspension of an offender's driver's license; (c) Except as provided in KRS 189.990(27), a person shall not be eligible to attend state traffic school for any violation if, at the time of the violation, the person did not have a valid driver's license or the person's driver's license was suspended or revoked by the cabinet; (d) Except as provided in KRS 189.990(27), a person shall not be eligible to attend state traffic school more than once in any one (1) year period, unless the person wants to attend state traffic school to comply with the driver education requirements of KRS 186.410; and (e) The cabinet shall notify the sentencing court regarding any person who was sentenced to attend state traffic school who was ineligible to attend state traffic school. A court notified by the cabinet pursuant to this paragraph shall return the person's case to an active calendar for a hearing on the matter. The court shall issue a summons for the person to appear and the person shall demonstrate to the court why an alternative sentence should not be imposed. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 165, sec. 4, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 183, sec. 15, effective August 1, 2002. -- Amended 2000 Ky. Acts ch. 232, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 124, sec. 9, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 198, sec. 9, effective October 1, 1996. -- Amended 1984 Ky. Acts ch. 165, sec. 17, effective July 13, 1984; and ch. 258, sec. 1, effective July 13, 1984. -- Created 1980 Ky. Acts ch. 248, sec. 1, effective July 15, 1980. Page 2 of 2