2011 Kentucky Revised Statutes CHAPTER 186 LICENSING OF MOTOR VEHICLES, OPERATORS, AND TRAILERS 186.560 Mandatory revocation or denial of license -- Causes -- Period of revocation or denial -- Prohibition against reductions of certain revocations or denials -- Limited exception relating to enrollment in alcohol or substance abuse education or treatment programs.
KY Rev Stat § 186.560 (1996 through Reg Sess) What's This?
186.560 Mandatory revocation or denial of license -- Causes -- Period of revocation
or denial -- Prohibition against reductions of certain revocations or denials -Limited exception relating to enrollment in alcohol or substance abuse
education or treatment programs.
(1)
(2)
(3)
(4)
The cabinet shall forthwith revoke the license of any operator of a motor vehicle
upon receiving record of his conviction of any of the following offenses:
(a) Murder or manslaughter resulting from the operation of a motor vehicle;
(b) Driving a vehicle which is not a motor vehicle while under the influence of
alcohol or any other substance which may impair one's driving ability;
(c) Perjury or the making of a false affidavit under KRS 186.400 to 186.640 or
any law requiring the registration of motor vehicles or regulating their
operation on highways;
(d) Any felony in the commission of which a motor vehicle is used;
(e) Conviction or forfeiture of bail upon three (3) charges of reckless driving
within the preceding twelve (12) months;
(f) Conviction of driving a motor vehicle involved in an accident and failing to
stop and disclose his identity at the scene of the accident;
(g) Conviction of theft of a motor vehicle or any of its parts, including the
conviction of any person under the age of eighteen (18) years;
(h) Failure to have in full force and effect the security required by Subtitle 39 of
KRS Chapter 304 upon conviction of a second and each subsequent offense
within any five (5) year period;
(i) Conviction for fraudulent use of a driver's license or use of a fraudulent
driver's license to purchase or attempt to purchase alcoholic beverages, as
defined in KRS 241.010, in violation of KRS 244.085(5); and
(j) Conviction of operating a motor vehicle, motorcycle, or moped without an
operator's license as required by KRS 186.410.
If the person convicted of any offense named in subsection (1) of this section is not
the holder of a license, the cabinet shall deny the person so convicted a license for
the same period of time as though he had possessed a license which had been
revoked. If through an inadvertence the defendant should be issued a license, the
cabinet shall forthwith cancel it.
The cabinet, upon receiving a record of the conviction of any person upon a charge
of operating a motor vehicle while the license of that person is denied, or
suspended, or revoked, or while his privilege to operate a motor vehicle is
withdrawn, shall immediately extend the period of the first denial, suspension,
revocation, or withdrawal for an additional like period.
The revocation or denial of a license or the withdrawal of the privilege of operating
a motor vehicle for a violation of subsection (1)(a) of this section shall be for a
period of not less than five (5) years. Revocations or denials under this section shall
not be subject to any lessening of penalties authorized under any other provision of
this section or any other statute.
(5)
(6)
(7)
(8)
Except as provided in subsections (3), (4), and (8) of this section, in all other cases,
the revocation or denial of a license or the withdrawal of the privilege of operating a
motor vehicle under this section shall be for a period of six (6) months, except that
if the same person has had one (1) previous conviction of any offense enumerated in
subsection (1) of this section, regardless of whether the person's license was
revoked because of the previous conviction, the period of the revocation, denial, or
withdrawal shall be one (1) year. If the person has had more than one (1) previous
conviction of the offenses considered collectively as enumerated in subsection (1)
of this section, regardless of whether the person's license was revoked for any
previous conviction, the period of revocation, denial, or withdrawal shall be for not
less than two (2) years. If the cabinet, upon receipt of the written recommendation
of the court in which any person has been convicted of violating KRS 189.520(1) or
244.085(5) as relates to instances in which a driver's license or fraudulent driver's
license was the identification used or attempted to be used in the commission of the
offense, who has had no previous conviction of said offense, the person's operator's
license shall not be revoked, but the person's operator's license shall be restricted to
any terms and conditions the secretary in his discretion may require, provided the
person has enrolled in an alcohol or substance abuse education or treatment
program as the cabinet shall require. If the person fails to satisfactorily complete the
education or treatment program or violates the restrictions on his operator's license,
the cabinet shall immediately revoke his operator's license for a period of six (6)
months.
In order to secure the reinstatement of a license to operate a motor vehicle or
motorcycle restored following a period of suspension or revocation pursuant to KRS
189A.070, 189A.080, and 189A.090, the person whose license is suspended or
revoked shall comply with the fees and other procedures of the Transportation
Cabinet with regard to the reinstatement of suspended or revoked licenses.
The cabinet shall revoke the license of any operator of a motor vehicle upon
receiving notification that the person is under age eighteen (18) and has dropped out
of school or is academically deficient, as defined in KRS 159.051(1).
A person under the age of eighteen (18) who is convicted of the offenses of
subsections (1) or (3) of this section, except for subsection (1)(h) or (i) of this
section, shall have his license revoked until he reaches the age of eighteen (18) or
shall have his license revoked as provided in this section, whichever penalty will
result in the longer period of revocation.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 235, sec. 2, effective July 12, 2006. -- Amended
2000 Ky. Acts ch. 467, secs. 26 and 29, effective October 1, 2000. -- Amended 1996
Ky. Acts ch. 198, sec. 8, effective October 1, 1996. -- Amended 1991 (1st Extra.
Sess.) Acts Ch. 15, Sec. 20, effective July 1, 1991. -- Amended 1990 Ky. Acts
ch. 234, sec. 5, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 222, sec. 1,
effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 376, sec. 2, effective July 15,
1986; ch. 434, sec. 1, effective July 15, 1986; and ch. 443, sec. 3, effective July 15,
1986. -- Amended 1984 Ky. Acts ch. 129, sec. 3, effective January 1, 1985; and
ch. 165, sec. 15, effective July 13, 1985. -- Amended 1980 Ky. Acts ch. 103, sec. 1,
effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 217, sec. 1. -- Amended 1966
Ky. Acts ch. 17, sec. 1. -- Amended 1946 Ky. Acts ch. 127, sec. 7. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739m49.
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