601 KAR 13:025. Point system.

601 KAR 13:025. Point system.

RELATES TO: KRS Chapter 13B, 186.450(6), 186.570, 186.572, 189.990(5)

STATUTORY AUTHORITY: KRS 186.400(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.400(1) authorizes the Transportation Cabinet to promulgate administrative regulations for the enforcement of motor vehicle laws and driver licensing. This administrative regulation is necessary to establish an equitable driver license point system for the punishment of a driver who violates a traffic law. This administrative regulation also establishes those offenses for which a license shall be suspended rather than points accumulated.

Section 1. Definitions. "Probation" means that a pending driving privilege suspension period is held in abeyance if:

(1) The person attends an approved driver improvement clinic; and

(2) His driving privilege has not been withdrawn in any other jurisdiction.

Section 2. (1) A schedule of penalty points shall be applied to determine if a person is a habitually reckless or negligent driver. The following penalties may be imposed on the driving privilege:

(a) Denial;

(b) Withdrawal;

(d) Revocation of a driving license.

(2)(a) Points shall be assessed or a driving privilege suspended for any of the following relating to the traffic laws of any state:

1. Conviction;

2. Forfeiture of bail; or

3. Payment of a fine, with or without a court appearance.

(b) A speeding violation in another state shall not be considered by the cabinet for assessment of penalty points.

(3) Information regarding a conviction may be secured from an official source or record available to public or cabinet inspection.

(4) A complete record of a driving privilege suspension and point system assessment shall be maintained in the Transportation Cabinet for a period of:

(a) Five (5) years for a noncommercial vehicle operator; and

(b) Ten (10) years for a commercial vehicle operator.

Section 3. Conviction for one (1) of the following serious violations of the motor vehicle laws may be cause for suspension of the driving privilege for the period of time indicated:

(1) Racing - 90 days;

(2) Speeding 26 MPH or more over limit - 90 days; or

(3) Attempting to elude law enforcement officer by use of motor vehicle - 90 days.

Section 4. Conviction for any one (1) of the following moving traffic offenses shall be cause for assessment of the points indicated:

(1) Speeding 15 MPH or less over the limit - 3 (except as provided in KRS 186.572);

(2) Speeding 16 MPH or more, but less than 26 MPH, over the limit - 6;

(3) Failure to stop for church or school bus - 6;

(4) Improper passing - 5;

(5) Reckless driving - 4;

(6) Driving on wrong side of road - 4;

(7) Following too closely - 4;

(8) Failure to yield to emergency vehicle - 4;

(9) Changing drivers in a moving vehicle - 4;

(10) Vehicle not under control - 4;

(11) Stop violation (electric signal, railroad crossing, stop sign) - 3;

(12) Failure to yield - 3;

(13) Wrong way on one-way street - 3;

(14) Too fast for conditions - 3;

(15) Too slow for conditions - 3;

(16) Improper start - 3;

(17) Improper driving - 3;

(18) Careless driving - 3;

(19) Failure to yield left lane - 3;

(20) Improper lane usage - 3;

(21) Failure to illuminate headlights - 3;

(22) Failure to dim headlights - 3;

(23) Any other moving hazardous violation - 3;

(24) Commission of a moving hazardous violation which involves an accident - 6; or

(25) Combination of two (2) or more moving hazardous violations in one (1) occurrence - 6.

Section 5. (1)(a) If a person of eighteen (18) or more years accumulates six (6) or more penalty points within a two (2) year period, the Transportation Cabinet may send a letter to the address shown on his driving history record that shall advise him of the number of penalty points on his driving history record.

(b) The letter shall inform the person of the penalties which may be imposed if he accumulates twelve (12) points within two (2) years.

(2)(a) If a person of less than eighteen (18) years accumulates four (4) or more penalty points within a two (2) year period, the Transportation Cabinet may send a letter to the address shown on his driving history record that shall advise him of the number of penalty points on his driving history record.

(b) The letter shall inform the person of the penalties which may be imposed if he accumulates more than six (6) points prior to his 18th birthday.

Section 6. (1) The cabinet may:

(a) Suspend the driving privilege of a person:

1. Eighteen (18) years of age or above who accumulates twelve (12) penalty points within a period of two (2) years;

2. Less than eighteen (18) years of age who accumulates six (6) or more penalty points within a period of two (2) years.

(b) For a period of:

1. Six (6) months for the first accumulation;

2. One (1) year for the second accumulation; and

3. Two (2) years for a subsequent accumulation within a two (2) year period.

(2) If the penalty for conviction of a first offense is suspension of the driving privilege for six (6) or fewer months:

(a) A suspension for a subsequent conviction of a similar offense shall be for a period of at least one (1) year; and

(b) A suspension for a third of greater conviction of a similar offense shall be for a period of two (2) or more years.

Section 7. If the cabinet suspends the driving privilege of a person during the period that a prior suspension is in effect, the subsequent suspension period shall run consecutive to the prior.

Section 8. (1) The following may be placed on probation instead of having his driving privilege withdrawn:

(a) A person of eighteen (18) or more years who accumulates twelve (12) points or more within a period of two (2) years;

(b) A person under the age of eighteen (18) years who accumulates more than six (6) points; or

(c) A person convicted of an offense that could result in a suspension of his driving privilege under the provisions of this administrative regulation, may be placed on probation in lieu of suspension.

(2) The probation period shall be double the length the suspension would have been.

(3) A person on probation shall have his driving privilege suspended, in accordance with Section 6 of this administrative regulation if he:

(a) Receives an additional moving traffic conviction, with or without court appearance; or

(b) Fails to enroll and successfully complete the driver improvement clinic.

(4) A person is placed on probation, shall not be eligible for this consideration again prior to a two (2) year period from the expiration of the probationary period, regardless if served.

(5)(a) If a person's driving privilege is suspended under the provisions of this administrative regulation and he becomes eligible for probation, the cabinet may waive the remainder of a driving privilege suspension period.

(b) If waived, the driver shall be placed on probation for double the amount of time remaining on the suspension period.

Section 9. (1) A person who holds a valid operator's license from another jurisdiction and establishes residence in Kentucky may apply and be considered for an operator's license.

(2) The person's driving privilege shall not be suspended or revoked at the time of his application.

Section 10. If a conviction report is used by the Transportation Cabinet to impose a driving privilege suspension or probation, it:

(1) Shall not be used for the imposition of an unrelated suspension or probation;

(2) May be used to show that the person's driving privilege has previously been suspended.

Section 11. (1) Pursuant to KRS 186.570(3), a person may request an informal hearing upon receiving notice of the cabinet's intent to suspend his driving privilege.

(2)(a) The person shall appear for the informal hearing at the established time and place.

(b) The informal hearing shall be conducted by a driver improvement officer who is an appointed representative of the Transportation Cabinet.

(c) The testimony given at the informal hearing shall be recorded and retained by the cabinet for a period of sixty (60) days after the deadline for requesting an administrative hearing.

(3)(a) The driver improvement hearing officer shall determine whether the cabinet may withdraw a person's driving privilege based on:

1. Evidence presented;

2. Testimony; and

3. The person driving history record.

(b) If the officer determines that the cabinet may withdraw the person's driving privilege, he may order a:

1. License suspension; or

2. Probationary period.

(4) If probation is granted, the terms shall be carefully explained to the person. The person shall indicate his understanding and acceptance of those terms by signing a "Probation Request Form", TC 94-51, as effective January 1993.

(5) If probation is not granted the person, the driver improvement officer shall prepare the order suspending the person's driving privilege at the close of the informal hearing. The effective date of the suspension shall be included in the order. The driver improvement officer shall hand the order to the person prior to his departure.

(6)(a) Within twenty (20) days, a person aggrieved by the decision in an informal hearing may in writing request an administrative hearing.

(b) The request shall state the reason he believes the cabinet's action was erroneous.

(c) The request for an administrative hearing shall be submitted to the Transportation Cabinet, Office of General Counsel, 501 High Street, Frankfort, Kentucky 40622.

Section 13. Incorporation by Reference. (1) Transportation Cabinet Probation Request Form, TC 94-51, effective January 1993, is incorporated by reference.

(2) It may be inspected, copied, or obtained at Transportation Cabinet, 1003 State Office Building, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. (16 Ky.R. 2807; eff. 8-9-90; Am. 23 Ky.R. 2261; 2982; eff. 2-10-97.)