2018 Kentucky Revised Statutes CHAPTER 186 - LICENSING OF MOTOR VEHICLES, OPERATORS, AND TRAILERS .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.
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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 or her:
(a) Conviction of any of the following offenses:
1.
Murder or manslaughter resulting from the operation of a motor
vehicle;
2.
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;
3.
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;
4.
Any felony in the commission of which a motor vehicle is used;
5.
Conviction or forfeiture of bail upon three (3) charges of reckless
driving within the preceding twelve (12) months;
6.
Conviction of driving a motor vehicle involved in an accident and
failing to stop and disclose his identity at the scene of the accident;
7.
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;
8.
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;
9.
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(4); and
10. Conviction of operating a motor vehicle, motorcycle, or moped
without an operator's license as required by KRS 186.410; or
(b) Being found incompetent to stand trial under KRS Chapter 504.
If the person convicted of any offense named in subsection (1) of this section
or who is found incompetent to stand trial 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)1. of this section
(5)
(6)
(7)
(8)
(9)
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.
Except as provided in subsections (3), (4), (8), and (9) 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(4) 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)(a)8. or 9. 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.
A revocation or denial of a license or the withdrawal of the privilege of
operating a motor vehicle under this section due to a person being found
incompetent to stand trial shall extend until the person is found competent to
stand trial or the criminal case is dismissed.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 62, sec. 117, effective June 29, 2017. -Amended 2013 Ky. Acts ch. 16, sec. 1, effective June 25, 2013. -- 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. 2739m-49.
Legislative Research Commission Note (6/25/2013). In codifying 2013 Ky. Acts
ch. 16, sec. 1, (this statute), a reference in subsection (8) to "subsection (1)(a)8.
or 8. of this section" has been changed to "subsection (1)(a)8. or 9. of this
section." The internal numbering of subsection (1) of this statute was modified
by that Act, but the reference in subsection (8) of this statute was incorrectly
modified to conform with that renumbering. The Reviser of Statutes has
corrected this manifest clerical or typographical error under the authority of KRS
7.136(1)(h).
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