HB 737

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1AN ACT relating to the transportation of forestry products.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO
4 READ AS FOLLOWS:
5 (1)     As used in this section, "primary forest product" means lumber and other
6material, including but not limited to sawdust, wood chips, bark, slabs, and logs,
7originating from their points of origin to first market.
8 (2)     Notwithstanding KRS 189.269, and subject to the limitations in subsection (3) of
9this section, trucks transporting primary forest products on a state-maintained
10highway within one hundred (100) miles of their point of origin may operate at
11the following weights:
12(a)     Ninety thousand (90,000) pounds for a truck with two (2) rear axles in
13tandem arrangement that are spaced forty-two (42) inches or more apart
14and less than ninety-six (96) inches apart; and
15(b)     One hundred thousand (100,000) pounds for a truck with three (3) rear
16axles that are spaced forty-two (42) inches or more apart and less than one
17hundred twenty (120) inches apart.
18 (3)     This section shall not apply to:
19(a)     The interstate highway system; or
20(b)     Any bridge with a posted weight limit less than the adjoining highway.
21Section 2. KRS 189.990 is amended to read as follows:
22 (1)     Any person who violates any of the provisions of KRS 189.020 to 189.040,
23subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to
24(3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to
25(4) of KRS 189.190, KRS 189.200, 189.285, subsection (1) or (2) of KRS 189.290,
26189.300 to 189.360, KRS 189.380, KRS 189.400 to 189.430, KRS 189.450 to
27189.458, KRS 189.4595 to 189.480, subsection (1) of KRS 189.520, KRS 189.540,
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1KRS 189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS
2189.345, subsection (6) of KRS 189.456, and 189.960 shall be fined not less than
3twenty dollars ($20) nor more than one hundred dollars ($100) for each offense.
4Any person who violates subsection (1)(a) of KRS 189.580 shall be fined not less
5than twenty dollars ($20) nor more than two thousand dollars ($2,000) or
6imprisoned in the county jail for not more than one (1) year, or both, unless the
7accident involved death or serious physical injury and the person knew or should
8have known of the death or serious physical injury, in which case the person shall
9be guilty of a Class D felony. Any person who violates paragraph (c) of subsection
10(5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than
11thirty dollars ($30). Neither court costs nor fees shall be taxed against any person
12violating paragraph (c) of subsection (5) of KRS 189.390.
13 (2)     (a)     1.      Except as provided in subparagraph 2. of this paragraph, any person
14who violates the weight provisions of KRS 189.212, 189.221, 189.222,
15189.226, 189.230, 189.270, Section 1 of this Act, or 189.2713 shall be
16fined two cents ($0.02) per pound for each pound of excess load when
17the excess is five thousand (5,000) pounds or less. When the excess
18exceeds five thousand (5,000) pounds the fine shall be two cents ($0.02)
19per pound for each pound of excess load, but the fine levied shall not be
20less than one hundred dollars ($100) and shall not be more than five
21hundred dollars ($500).
222.      Any person who violates a posted bridge weight limit on a state-
23maintained bridge that is more than seventy-five (75) years old shall be
24fined:
25a.      Five hundred dollars ($500) for the first offense;
26b.      One thousand dollars ($1,000) for the second offense within a one
27(1) year period; and
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1c.      Two thousand dollars ($2,000) for any subsequent offense within a
2one (1) year period.
3The Transportation Cabinet shall erect signs warning drivers of the
4increased fines in this subparagraph. Signs erected under this
5subparagraph shall be placed in such a manner that drivers are given
6adequate warning in order to exit the road prior to crossing the bridge. If
7warning signs are not erected in accordance with this subparagraph, the
8fines in this subparagraph shall not apply and violators shall be fined
9under subparagraph 1. of this paragraph.
10(b)     Any person who violates the provisions of KRS 189.271 and is operating on a
11route designated on the permit shall be fined one hundred dollars ($100);
12otherwise, the penalties in paragraph (a) of this subsection shall apply.
13(c)     Any person who violates any provision of subsection (2) or (3) of KRS
14189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270,
15189.2713, 189.280, or the dimension provisions of KRS 189.212, for which
16another penalty is not specifically provided shall be fined not less than ten
17dollars ($10) nor more than five hundred dollars ($500).
18(d)     1.      Any person who violates the provisions of KRS 177.985 while operating
19on a route designated in KRS 177.986 shall be fined one hundred dollars
20($100).
212.      Any person who operates a vehicle with a permit under KRS 177.985 in
22excess of eighty thousand (80,000) pounds while operating on a route
23not designated in KRS 177.986 shall be fined one thousand dollars
24($1,000).
25(e)     Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to
26prejudice or affect the authority of the Department of Vehicle Regulation to
27suspend or revoke certificates of common carriers, permits of contract
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1carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221
2to 189.228 or any other act applicable to motor vehicles, as provided by law.
3 (3)     (a)     Any person who violates subsection (1) of KRS 189.190 shall be fined not
4more than fifteen dollars ($15).
5(b)     Any person who violates subsection (5) of KRS 189.190 shall be fined not
6less than thirty-five dollars ($35) nor more than two hundred dollars ($200).
7 (4)     (a)     Any person who violates subsection (1) of KRS 189.210 shall be fined not
8less than twenty-five dollars ($25) nor more than one hundred dollars ($100).
9(b)     Any peace officer who fails, when properly informed, to enforce KRS
10189.210 shall be fined not less than twenty-five dollars ($25) nor more than
11one hundred dollars ($100).
12(c)     All fines collected under this subsection, after payment of commissions to
13officers entitled thereto, shall go to the county road fund if the offense is
14committed in the county, or to the city street fund if committed in the city.
15 (5)     Any person who violates KRS 189.370 shall for the first offense be fined not less
16than one hundred dollars ($100) nor more than two hundred dollars ($200) or
17imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For
18each subsequent offense occurring within three (3) years, the person shall be fined
19not less than three hundred dollars ($300) nor more than five hundred dollars
20($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or
21both. The minimum fine for this violation shall not be subject to suspension. A
22minimum of six (6) points shall be assessed against the driving record of any person
23convicted.
24 (6)     Any person who violates KRS 189.500 shall be fined not more than fifteen dollars
25($15) in excess of the cost of the repair of the road.
26 (7)     Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than
27twenty dollars ($20) nor more than fifty dollars ($50).
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1 (8)     Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not
2less than thirty-five dollars ($35) nor more than one hundred dollars ($100).
3 (9)     (a)     Any person who violates KRS 189.530(1) shall be fined not less than thirty-
4five dollars ($35) nor more than one hundred dollars ($100), or imprisoned
5not less than thirty (30) days nor more than twelve (12) months, or both.
6(b)     Any person who violates KRS 189.530(2) shall be fined not less than thirty-
7five dollars ($35) nor more than one hundred dollars ($100).
8 (10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a
9Class B misdemeanor.
10 (11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than
11thirty dollars ($30) nor more than one hundred dollars ($100) for each offense.
12 (12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of
13this section shall, in the case of a public highway, be paid into the county road fund,
14and, in the case of a privately owned road or bridge, be paid to the owner. These
15fines shall not bar an action for damages for breach of contract.
16 (13) Any person who violates any of the provisions of KRS 189.120 shall be fined not
17less than twenty dollars ($20) nor more than one hundred dollars ($100) for each
18offense.
19 (14) Any person who violates any provision of KRS 189.575 shall be fined not less than
20twenty dollars ($20) nor more than twenty-five dollars ($25).
21 (15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than
22twenty dollars ($20) nor more than one hundred dollars ($100) for each offense.
23 (16) Any person who violates restrictions or regulations established by the secretary of
24transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense,
25be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not
26less than one hundred dollars ($100) nor more than five hundred dollars ($500) or
27imprisoned for thirty (30) days, or both.
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1 (17) (a)        Any person who violates any of the provisions of KRS 189.565 shall be guilty
2of a Class B misdemeanor.
3(b)     In addition to the penalties prescribed in paragraph (a) of this subsection, in
4case of violation by any person in whose name the vehicle used in the
5transportation of inflammable liquids or explosives is licensed, the person
6shall be fined not less than one hundred dollars ($100) nor more than five
7hundred dollars ($500). Each violation shall constitute a separate offense.
8 (18) Any person who abandons a vehicle upon the right-of-way of a state highway for
9three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor
10more than one hundred dollars ($100), or imprisoned for not less than ten (10) days
11nor more than thirty (30) days.
12 (19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor,
13unless the offense is being committed by a defendant fleeing the commission of a
14felony offense which the defendant was also charged with violating and was
15subsequently convicted of that felony, in which case it is a Class A misdemeanor.
16 (20) Any law enforcement agency which fails or refuses to forward the reports required
17by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157.
18 (21) A person who operates a bicycle in violation of the administrative regulations
19promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10)
20nor more than one hundred dollars ($100).
21 (22) Any person who violates KRS 189.860 shall be fined not more than five hundred
22dollars ($500) or imprisoned for not more than six (6) months, or both.
23 (23) Any person who violates KRS 189.754 shall be fined not less than twenty-five
24dollars ($25) nor more than three hundred dollars ($300).
25 (24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty
26dollars ($50). This fine shall be subject to prepayment. A fine imposed under this
27subsection shall not be subject to court costs pursuant to KRS 24A.175, additional
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1court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765,
2or any other additional fees or costs.
3 (25) Any person who violates the provisions of KRS 189.125(3)(b) shall not be issued a
4uniform citation, but shall instead receive a courtesy warning up until July 1, 2009.
5For a violation on or after July 1, 2009, the person shall be fined thirty dollars
6($30). This fine shall be subject to prepayment. A fine imposed under this
7subsection shall not be subject to court costs pursuant to KRS 24A.175, additional
8court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or
9any other additional fees or costs. A person who has not been previously charged
10with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting
11the requirements of KRS 189.125. Upon presentation of sufficient proof of the
12acquisition, the charge shall be dismissed and no fees or costs shall be imposed.
13 (26) Any person who violates the provisions of KRS 189.125(6) shall be fined an
14amount not to exceed twenty-five dollars ($25). This fine shall be subject to
15prepayment. A fine imposed under this subsection shall not be subject to court costs
16pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee
17imposed pursuant to KRS 24A.1765, or any other additional fees or costs.
18 (27) Fines levied pursuant to this chapter shall be assessed in the manner required by
19KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall
20be governed by KRS 534.020 and 534.060.
21 (28) A licensed driver under the age of eighteen (18) charged with a moving violation
22pursuant to this chapter as the driver of a motor vehicle may be referred, prior to
23trial, by the court to a diversionary program. The diversionary program under this
24subsection shall consist of one (1) or both of the following:
25(a)     Execution of a diversion agreement which prohibits the driver from operating
26a vehicle for a period not to exceed forty-five (45) days and which allows the
27court to retain the driver's operator's license during this period; and
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1(b)     Attendance at a driver improvement clinic established pursuant to KRS
2186.574. If the person completes the terms of this diversionary program
3satisfactorily the violation shall be dismissed.
4 (29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall
5be fined two hundred fifty dollars ($250). The fines and costs for a violation of
6subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in
7accordance with KRS 24A.180. Once deposited into the State Treasury, ninety
8percent (90%) of the fine collected under this subsection shall immediately be
9forwarded to the personal care assistance program under KRS 205.900 to 205.920.
10Ten percent (10%) of the fine collected under this subsection shall annually be
11returned to the county where the violation occurred and distributed equally to all
12law enforcement agencies within the county.
13 (30) Any person who violates KRS 189.292 or 189.294 shall be fined twenty-five dollars
14($25) for the first offense and fifty dollars ($50) for each subsequent offense.
15 (31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two
16hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine
17imposed under this subsection shall not be subject to court costs pursuant to KRS
1824A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to
19KRS 24A.1765, or any other additional fees or costs.
20 (32) Any person who violates subsection (3) or (4) of KRS 189.290 and causes physical
21injury to a person shall be fined five hundred dollars ($500).
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