Understanding the New Highway Work Zone Fines

lindyzeller
Aug 22, 2024
9 min read

By Melinda Zeller

As of July 15, 2024, Kentucky has amended its laws surrounding fines for violations in highway work zones. The changes are found in KRS 189.2327 and introduce stricter penalties for offenses in areas marked as highway work zones. Here's a breakdown of what this statute means and how it will impact enforcement and legal practices.

Key Provisions of KRS 189.2327

Increased Fines for Violations in Highway Work Zones Under this statute, violations of traffic laws (KRS 189.290 to 189.575 or KRS 189.910 to 189.960) committed within a highway work zone may now carry more significant financial consequences. These violations can result in two levels of fines, depending on the severity of the violation's outcome:

If no physical injury or death occurs: The fine is set at $500. This fine is prepayable, meaning it can be paid without requiring a court appearance.
If the violation results in physical injury or death: The fine ranges from $500 to $10,000. This creates a broader spectrum for judicial discretion, allowing the court to impose fines according to the seriousness of the injury or fatality.

Conditions for Imposing Increased Fines For increased fines to be imposed the statute requires two conditions to be met within the highway work zone:

Proper Signage: The area must display signs informing drivers that they are entering a highway work zone and that fines for violations are increased.
Presence of Workers: At least one bona fide worker must be present in the zone for the heightened penalties to apply.

Misdemeanor Charges If a violation can be classified as a misdemeanor, those penalties will apply in addition to the fines imposed under this statute.

Creation of the Highway Work Zone Safety Fund All fines collected under this statute will be deposited into the "highway work zone safety fund," a trust and agency account within the Transportation Cabinet. The purpose of this fund is to enhance law enforcement efforts within highway work zones, ensuring that these areas are better monitored and safer for workers.

The amendments to Kentucky’s highway work zone laws, effective July 15, 2024, reflect a significant shift toward enhancing safety in these critical areas. With stricter fines, clear conditions for enforcement, and the creation of a dedicated safety fund, the statute emphasizes the protection of workers while holding drivers accountable for their actions. Attorneys practicing in this field should be prepared for these changes, as they will directly impact the enforcement of traffic laws and the legal ramifications of violations in highway work zones.

* THIS IS NOT LEGAL ADVICE *

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on this content does not create an attorney-client relationship between you and the author or their law firm. Legal situations vary widely, and you should consult with a qualified attorney for advice specific to your individual circumstances. The author assumes no responsibility for any actions or omissions taken based on the information contained in this article.

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Below is the complete statute along with a comprehensive list of the applicable KRS and UOR provisions referenced within it.

KRS 189.2327 Fines in highway work zone -- Highway work zone safety fund.

(1) Subject to the requirements of subsection (2) of this section, if a violation of KRS

189.290 to 189.575 or 189.910 to 189.960 occurred in a highway work zone, the

fine shall be:

(a) Five hundred dollars ($500) if no person is physically injured or dies as a

result of the violation. Notwithstanding the provisions of KRS 189.999, the

fine under this paragraph is prepayable; and

(b) Not less than five hundred dollars ($500) nor more than ten thousand dollars

($10,000) if the violation results in physical injury to or death of any person.

(2) (a) In order for an increased fine to be imposed under this section, the highway

work zone must have:

1. Signs displayed informing drivers of the existence of a highway work

zone and that fines are increased in it; and

2. At least one (1) bona fide worker present.

(b) If a violation of any of the offenses identified in subsection (1) of this section

can be classified as a misdemeanor, those penalties shall apply in addition to

the penalties in subsection (1) of this section.

(3) All fines collected for violations in a highway work zone under this section shall be

deposited into a separate trust and agency account within the Transportation

Cabinet known as the "highway work zone safety fund." The highway work zone

safety fund shall be used exclusively by the Transportation Cabinet to hire or pay

for enhanced law enforcement of traffic laws within highway work zones.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 198, sec. 18, effective July 15, 2024. -- Created

2019 Ky. Acts ch. 40, sec. 1, effective June 27, 2019.

APPLICABLE UOR CODES:

189.290 Operator of vehicle to drive carefully.

UOR '00115' RECKLESS DRIVING

UOR '00136' CARELESS DRIVING

UOR '00137' CHANGING DRIVERS-CAR IN MOTION (RECKLESS DRIVING)

189.292 Use of personal communication device prohibited while operating motor vehicle in motion on traveled portion of roadway -- Exclusions -- Administrative regulations.

UOR '00266' COMMUNICATION DEVICE VIOLATION, 1ST OFF.

UOR '00267' COMMUNICATION DEVICE VIOLATION, 2ND OR SUB

189.294 Use of personal communication device by minor prohibited while operating motor vehicle, motorcycle, or moped in motion on traveled portion of roadway -- Exclusions -- Administrative regulations.

UOR '00268' COMMUNICATION DEVICE VIOLATION, < 18 YOA, 1ST

UOR '00269' COMMUNICATION DEVICE VIOLATION, < 18 YOA, 2ND OR SUB

189.300 Vehicles to keep to right -- Exceptions.

UOR '00270' IMPROPER LANE USAGE-VEHICLES KEEP TO RIGHT EXCEPT TO PASS

189.310 Vehicles meeting other vehicles and animals.

UOR '00126' FAIL GIVE RIGHT OF WAY TO VEH PASS OPSITE DIRECT

UOR '00174' FAILURE TO GIVE ONCOMING VEHICLE 1/2 OF HIGHWAY

UOR '00175' FAIL TO USE PRECAUTION TO ANIMAL BEING RIDDEN

189.330 Turning and right-of-way at intersections.

UOR '00271' DISREGARD-FAIL TO YEILD RIGHT OF WAY

UOR '00109' IMPROPER TURNING

UOR '00111' DISREGARDING STOP SIGN

189.337 Traffic control signs, uniform standards to be prescribed -- Sign to conform -- Prohibited activities.

UOR '00612' PLACING/MAINTAINING IMITATION TRAFFIC CONT DEV/SIGNAL '189.337(4)'

UOR '00613' ALTER/DEFACE/DAMAGE TRAFFIC CONTROL DEVICE '189.337(5)'

189.338 Limitation of colored lights used in traffic-control signals -- Rules for vehicular and pedestrian traffic controlled by traffic-control signals -- Affirmative defense for motorcyclists.

UOR '00177' FAILURE TO YIELD RIGHT OF WAY TO PEDESTRIANS '189.338(1B)'

UOR '00181' IMPROPER STOPPING AT FLASHING RED LIGHT '189.338(5A)'

189.340 Overtaking vehicles, bicycles, or electric low-speed scooters -- Traffic lanes -- Following vehicles -- Exemption for commercial motor vehicle platoon trailing vehicle.

UOR '00272' FOLLOWING ANOTHER VEHICLE TOO CLOSELY

UOR '00273' IMPROPER USE OF LEFT LANE-OVERTAKING VEHICLE

UOR '00107' IMPROPER PASSING

189.345 Prohibitions against driving on left side of roadway.

UOR '00105' IMPROPERLY ON LEFT SIDE OF ROAD

189.350 Assistance in passing or overtaking.

UOR '00123' SPEEDING UP WHEN BEING PASSED

189.360 Passing cars receiving or discharging passengers.

189.370 Passing stopped school or church bus prohibited -- Application to properly marked vehicles -- Rebuttable presumption as to identity of violator.

UOR '00116' PASS/LOADING/UNLOADING/SCHOOL/CHURCH BUS 1ST OFFENSE

UOR '00132' PASS/LOADING/UNLOADING/SCHOOL/CHURCH BUS 2 > OFFENSE

189.375 School or church bus signaling device -- Use -- Stopping regulated.

UOR '00517' IMPROPER DISCHARGE SCHOOL/CHURCH BUS PASS DIV HIGH

189.377 Yielding right-of-way to solid waste collection service vehicle.

189.378 Funeral processions.

UOR '00186' FAIL TO YIELD RIGHT OF WAY TO FUNERAL PROCCESSION

189.380 Signals.

UOR '00108' FAILURE TO OR IMPROPER SIGNAL

189.390 Speed -- Secretary authorized to increase speed limit in certain areas by official order -- Parking.

UOR '00001' SPEEDING 01 MPH OVER LIMIT

UOR '00002' SPEEDING 02 MPH OVER LIMIT

UOR '00003' SPEEDING 03 MPH OVER LIMIT

UOR '00004' SPEEDING 04 MPH OVER LIMIT

UOR '00005' SPEEDING 05 MPH OVER LIMIT

UOR '00006' SPEEDING 06 MPH OVER LIMIT

UOR '00007' SPEEDING 07 MPH OVER LIMIT

UOR '00008' SPEEDING 08 MPH OVER LIMIT

UOR '00009' SPEEDING 09 MPH OVER LIMIT

UOR '00010' SPEEDING 10 MPH OVER LIMIT

UOR '00011' SPEEDING 11 MPH OVER LIMIT

UOR '00012' SPEEDING 12 MPH OVER LIMIT

UOR '00013' SPEEDING 13 MPH OVER LIMIT

UOR '00014' SPEEDING 14 MPH OVER LIMIT

UOR '00015' SPEEDING 15 MPH OVER LIMIT

UOR '00016' SPEEDING 16 MPH OVER LIMIT

UOR '00017' SPEEDING 17 MPH OVER LIMIT

UOR '00018' SPEEDING 18 MPH OVER LIMIT

UOR '00019' SPEEDING 19 MPH OVER LIMIT

UOR '00020' SPEEDING 20 MPH OVER LIMIT

UOR '00021' SPEEDING 21 MPH OVER LIMIT

UOR '00022' SPEEDING 22 MPH OVER LIMIT

UOR '00023' SPEEDING 23 MPH OVER LIMIT

UOR '00024' SPEEDING 24 MPH OVER LIMIT

UOR '00025' SPEEDING 25 MPH OVER LIMIT

UOR '00026' SPEEDING 26 MPH OR > SPEED LIMIT

UOR '00102' SPEEDING FREIGHT CARRYING VEHICLE

UOR '00146' SPEEDING IN A SCHOOL ZONE

UOR '00150' SPEEDING IN A RESTRICTED ZONE

UOR '00295' DRIVING TOO FAST FOR TRAFFIC CONDITIONS

UOR '00320' DRIVING TOO SLOW FOR TRAFFIC CONDITIONS/MINIMUM SPEED

189.393 Complying with traffic officer's signal.

UOR '02705' DISREGARD SIGNALS FROM OFFICERS DIRECTING TRAFFIC

UOR '02706' DISREGARD SIGNALS OF OFF DIRECT TRAFFIC/FLEEING

189.394 Fines for speeding -- Doubling of fines in school areas with flashing lights.

UOR '00393' SPEEDING IN HIGHWAY WORK ZONE

189.400 Turning around on curve or grade.

189.420 Driving on mountain highways.

UOR '00139' DRIVING ON MOUNTAIN HIGHWAYS

189.430 Coasting prohibited -- Unattended vehicle.

UOR '00179' ALLOW VEH TO STAND ON GRADE W/O SETTING BRAKE

UOR '00244' COASTING PROHIBITED (COMMERCIAL MOTOR VEHICLE)

UOR '00300' PERMIT MOTOR VEHICLE TO RUN UNATTENDED

UOR '00110' COASTING - CAR OUT OF GEAR ON DOWN GRADE

189.440 Starting a parked vehicle.

UOR '00114' IMPROPER START FROM PARKED POSITION

189.450 Stopping, standing, parking, or repairing vehicle on roadway or shoulders of highway.

UOR '00580' IMPROPER PARKING VIOLATIONS

UOR '00581' IMPROPER PARKING FIRELANE/BLOCK TRAVELED PORTION OF HWY

189.459 Parking limits for vehicles with plates or placards for persons with a disability -- Prohibitions.

UOR '00590' UNAUTHORIZED PARKING IN A HANDICAPPED ZONE

UOR '00591' COUNTERFEITING HANDICAP PLACARD OR LIENSE PLATE

189.470 Obstruction to operator's view or control.

UOR '00512' TOO MANY PASSENGERS IN VEHICLE (FRONT SEAT)

189.480 Towed vehicles.

UOR '00228' IMPROPER TOWING

189.500 Logs or stones not to be dragged on highways.

UOR '00508' DRAGGING STONES OR LOGS ON HIGHWAY

189.505 Motor vehicle races on highways prohibited -- Exception for permitted racing events.

UOR '00280' RACING MOTOR VEHICLE ON PUBLIC HIGHWAY

189.510 Horse race on highway prohibited.

189.515 Restrictions on operation of all-terrain vehicles.

UOR '00250' OPERATING ATV ON ROADWAY

UOR '00251' OPERATING ATV ON PROPERTY W/O CONSENT

UOR '00253' OPERATING ATV W/O SUPERVISION

UOR '00254' OPERATING ATV (OVERSIZED)

UOR '00255' OPERATING ATV W/O HEADGEAR 16 OR > - PUBLIC PROPERTY

UOR '00256' OPERATOR/PASSENGER ATV W/O HEADGEAR U/16

189.517 Mini-truck -- Definition -- Criteria for operation -- Permitted and prohibited uses.

UOR '00298' VIOLATION OF MINI-TRUCK REQUIREMENTS

189.520 Operating vehicle not a motor vehicle while under influence of intoxicants or substance which may impair driving ability prohibited -- Presumptions concerning intoxication.

UOR '00158' OPER NON-MOTOR VEH UNDER INFLUENCE OF INTOXICANTS

189.530 Providing motor vehicle to person intoxicated or under influence of substance which may impair driving ability -- Possession of open alcoholic beverage container in a motor vehicle prohibited -- Exceptions -- Definitions -- Election of offenses to prosecute.

UOR '00434' PROVIDING MOTOR VEHICLE TO DRUNK OR DRUG ADDICT

UOR '00470' POSS OF OPEN ALC BEVERAGE CONT IN MOTOR VEH PROHIBITED

189.550 Vehicles used for transporting children to stop at railroad crossings.

UOR '00134' SCHOOL/CHURCH BUS FAILING TO STOP AT RR CROSSINGS

189.560 Railroad crossings -- Duties of motor vehicle operators and commercial drivers -- Railroad's liability for death or injury.

UOR '00128' DISREGARDING RR CROSSING FLASHER LIGHTS

UOR '00130' FAILURE TO STOP AT RR CROSSINGS

189.565 Operator of motor vehicle used in transporting inflammable liquids or explosives to stop vehicle at railroad crossings -- Exceptions.

UOR '00125' FLAMMABLE LIQ/EXPL TRANS FAIL TO STOP AT RR CROSS

189.570 Pedestrians.

UOR '00576' HITCHHIKING-DISREGARD TRAFFIC REGULATION BY PEDESTRIAN

189.575 Yielding right-of-way to blind pedestrian.

UOR '00189' FAILURE TO YIELD RIGHT-OF-WAY TO BLIND PEDESTRIAN

189.920 Flashing lights and sirens.

UOR '00246' IMPROPER EMERGENCY/SAFETY LIGHTS

189.930 Right-of-way to emergency vehicles -- Blocking or following emergency vehicles -- Driving over unprotected hoses of fire department.

UOR '00490' FAILURE TO GIVE RIGHT OF WAY TO EMERGENCY STOPPED VEHICLE

UOR '00507' FOLLOWING EMERGENCY VEHICLE TOO CLOSELY

UOR '00127' FAILURE TO GIVE RIGHT OF WAY TO EMERGENCY VEH

189.940 Exemptions from traffic regulations.

UOR '00208' IMPROPER USE OF SIREN

189.945 Prohibition against use of mobile infrared electronic transmitter -- Exceptions -- Penalties.

UOR '00486' USE OR MIRET BY UNAUTHORIZED PERSONS

UOR '00487' UNAUTHORIZED USE OF MIRET INVOLVING COLLISION/PHYS INJ

UOR '00488' UNAUTHORIZED USE OF MIRET INVOLVING COLLISSION/SERIOUS PHYS INJ

189.950 Prohibitions -- Exceptions.

UOR '00200' USING FLASHING LIGHT/SIREN ON NON EMERGENCY VEH

UOR '00212' IMPROPER USE OF RED LIGHTS

UOR '00213' IMPROPER USE OF BLUE LIGHTS

UOR '00216' IMPROPER SOUND DEVICE (WHISTLE,BELL,SIREN)

189.960 Right-of-way to public safety vehicle or to pedestrian or worker engaged in work on highway -- Operator of vehicle to stay in designated lane in highway work zone.

UOR '00106' FAILURE TO YIELD IN ROAD WORK ZONE