Kentucky Driving Laws | Cell Phone Law | Texting Law |Hands Free

Kentucky 2010 Update

Governor Signs Cell Phone / Text Messaging Bill into Law

Kentucky House Bill 415 has been signed into law by Governor Beshear on April 25th, 2010.

Under the new driving law, drivers under the age of 18 will be prohibited from using a cell phone while driving. Specifically:

"Any person under the age of eighteen (18) who has been issued an instruction permit, intermediate license, or operator's license shall not operate a motor vehicle, motorcycle, or moped that is in motion on the traveled portion of a roadway while using a personal communication device, except to summon medical help or a law enforcement or public safety agency in an emergency situation."

Text Messaging while operating a motor vehicle will be prohibited for all drivers. Specifically:

"No person shall, while operating a motor vehicle that is in motion on the traveled portion of a roadway, write, send, or read text-based communication using a personal communication device to manually communicate with any person using text-based communication, including but not limited to communications referred to as a text message, instant message, or electronic mail."

The Fine for a first offense will be $25 and subsequent offenses will cost $50 plus court costs.

There will be warnings issued until January 1st, 2011.

There are exceptions for emergency situations in the case of cell phone use for drivers under the age of 18 and text messaging.

To read the new law for yourself, please go to House Bill 415.

March 23rd, 2010 Update

Kentucky Senate Bill 23 has been passed by the Senate and now moves on to the House for further consideration.

If the bill passes the House and is signed into law by the Governor, drivers would be prohibited from reading, writing and sending text messages while operating a motor vehicle.

The new law would also prohibit drivers under the age of 18 from using a personal communication device while operating a motor vehicle.

The fine for an offense would cost $25 for a first offense and $50 for subsequent offenses.

To read the details of this bill please visit Kentucky Senate Bill 23.

2009 / 2010 Legislative Update

There are several pending / prefiled bills in the Kentucky legislature. Similar bills have failed in the past, however there has been a recent rise in hands free legislation across the United States.

The information listed below was gathered from the NCLS website and the Kentucky State Legislative website.

Keep in mind that these bills are not law yet and it is likely that more than one of the bills will fail. I will try to update the progress on the legislation as time allows.

If you want to keep track of the bills, you can keep track of them by following the links I have posted on the Bill Numbers.

Kentucky BR 283 (SB 23) - Personal Communication Devices

Purpose: Prohibits text messaging, instant messaging, and e-mailing while operating a motor vehicle, defines personal communication device, provides for a probationary period ending November 1, 2010, during which courtesy warnings will be issued, sets fine for violation at $100 for the first offense and not less than $100 nor more than $300 for each subsequent offense after the probationary period, sets fine at not less than $200 nor more than $600 if the violation caused a motor vehicle accident.
Status: Pending / Prefiled

Kentucky BR 180 (HB 43) - Personal Communication Devices
Purpose: Defines personal communication device, prohibits text messaging while operating a motor vehicle, provides for specific exclusions, provide for a probationary period ending January 1, 2011, during which courtesy warnings will be issued, sets fines, excludes court costs.
Status: Pending / Prefiled

Kentucky BR 118 (HB 27) - Personal Communication Devices
Purpose: Prohibits the use of a personal communication device for any person under the age of 18 while operating a motor vehicle, prohibits text messaging while operating a motor vehicle, provides for a probationary period.
Status: Pending / Prefiled

Kentucky Driving and Cell Phone Laws

Kentucky has two cell-phone laws. These laws affect drivers under the age of 18 and school bus operators. The legislation for school bus drivers is House Bill 230 (HB 230). HB 230 prohibits the use of a cellular telephone while the school bus is in motion and transporting one or more children.

There is an exception for communications made to and from central dispatch, school transportation department when the bus is not equipped with a functioning two-way radio. This law does not provide exceptions for hands-free devices.

Violation of HB 230 will be $50 for the first offense, and subsequent violations will be fined $100 and will be suspended from driving a school bus for six months. The other cell-phone law is an amendment to House Bill 90, Kentucky's graduated drivers license bill.

The original bill created a intermediate period of six months between a learners permit and a unrestricted license. This bill was amended to prohibit the use of a cell phone or other wireless communication device while operating a motor vehicle on the highway. This affects drivers under the age of 18 who possess an instruction permit or an intermediate license.