2021 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.
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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)
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);
10. Conviction of operating a motor vehicle, motorcycle, or moped without
an operator's license as required by KRS 186.410; and
11. Conviction of fleeing or evading police in the second degree when the
offense involved the operation of a motor vehicle; 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.
(4)
(5)
(6)
(7)
(8)
(9)
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 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 pursuant to KRS Chapter
189A, the person whose license is suspended shall comply with the fees and other
procedures of the Transportation Cabinet with regard to the reinstatement of
suspended 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: July 1, 2020
History: Amended 2020 Ky. Acts ch. 97, sec. 3, effective July 1, 2020. -- Amended
2019 Ky. Acts ch. 103, sec. 24, effective July 1, 2020. -- 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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