What is the penalty for speeding in a school zone in Kentucky?
Full Question:
I got a ticket for going through a school zone. I was going 31, and the speed limit was 15. What are the fines for this?
01/23/2009 |
Category: Automobiles |
State: Kentucky |
#15050
Answer:
The following are Kentucky statutes:
189.390. Speed — Secretary authorized to increase
speed limit in certain areas by official order —
Parking.
(1) As used in this section, unless the context requires
otherwise:
(a) "Business district" means the territory contiguous to
and including a highway if, within six hundred (600) feet
along the highway, there are buildings in use for business or
industrial purposes that occupy three hundred (300) feet of
frontage on one (1) side or three hundred (300) feet
collectively on both sides of the highway;
(b) "Residential district" means the territory contiguous
to and including a highway not comprising a business district
if the property on the highway for a distance of three
hundred (300) feet or more is improved with residences or
residences and buildings in use for business; and
(c) "State highway" means a highway or street maintained by
the Kentucky Department of Highways.
(2) An operator of a vehicle upon a highway shall not drive
at a greater speed than is reasonable and prudent, having
regard for the traffic and for the condition and use of the
highway.
(3) The speed limit for motor vehicles on state highways
shall be as follows, unless conditions exist that require
lower speed for compliance with subsection (2) of this
section, or the secretary of the Transportation Cabinet
establishes a different speed limit in accordance with
subsection (4) of this section:
(a) Sixty-five (65) miles per hour on interstate highways,
and parkways;
(b) Fifty-five (55) miles per hour on all other state
highways; and
(c) Thirty-five (35) miles per hour in a business or
residential district.
(4)(a) If the secretary of transportation determines, upon
the basis of an engineering and traffic investigation, that
any speed limit is greater or less than is reasonable or safe
under the conditions found to exist at any intersection, or
upon any part of a state highway, the secretary of
transportation may establish by official order a reasonable
and safe speed limit at the location. The secretary shall not
increase any speed limit established by subsection (3) of this
section in excess of sixty-five (65) miles per hour, except
that, notwithstanding the provisions of subsection (3)(a) of
this section, the secretary may increase the speed limit on
any of the following segments of highway to seventy (70)
miles per hour:
1. Interstate 24 (entire length);
2. Interstate 64 from Interstate 264 to the West Virginia
state line;
3. Interstate 65 from Interstate 264 to the Tennessee state
line;
4. Interstate 71 from Interstate 264 to Interstate 275;
5. Interstate 75 from the Tennessee state line to Interstate
275;
6. The Audubon Parkway (entire length);
7. The Julian M. Carroll Purchase Parkway (entire length);
8. The Bert T. Combs Mountain Parkway from Interstate 64 to
the beginning of the Mountain Parkway Extension (KY 9009) in
Wolfe County;
9. The Edward T. Breathitt Pennyrile Parkway (entire
length);
10. The Wendell H. Ford Western Kentucky Parkway (entire
length);
11. The Louie B. Nunn Cumberland Parkway (entire length);
12. The Martha Layne Collins Bluegrass Parkway (entire
length); and
13. The William H. Natcher Parkway (entire length).
(b) In a highway work zone, the Transportation Cabinet may
temporarily reduce established speed limits without an
engineering or traffic investigation. A speed limit
established under this paragraph shall become effective when
and where posted. The Transportation Cabinet shall post signs
notifying the traveling public of the temporary highway work
zone maximum speed limit. Nothing in this paragraph shall be
construed to prevent the Transportation Cabinet from using
moveable or portable speed limit signs in highway work zones.
(5)(a) A city or a county may by ordinance establish speed
limits within its own jurisdiction, except as provided in
paragraph (b) of this subsection.
(b) The alteration of speed limits on state highways within
a city or a county shall not be effective until the
alteration has been approved by the secretary of
transportation. The secretary shall not approve any
alteration that could increase any speed limit established by
subsection (3)(b) or (c) of this section in excess of
fifty-five (55) miles per hour.
(c) If a county determines, upon the basis of an
engineering and traffic investigation and study, that it is
unsafe to park motor vehicles on or along any highway, other
than a state highway, within the unincorporated areas of the
county, or that in any business district the congestion of
traffic justifies a reasonable limitation on the length of
time any one (1) motor vehicle is permitted to park in such
district so as to reduce the congestion, the fiscal court may
by ordinance establish "no parking" areas on the highway, or
limit the length of time any motor vehicle may be parked in
any business district.
(6) The speed limit for motor vehicles in an off-street
parking facility offered for public use, whether publicly or
privately owned, shall be fifteen (15) miles per hour.
(7) A person shall not drive a motor vehicle at a speed that
will impede or block the normal and reasonable movement of
traffic, except when reduced speed is necessary for safe
operation or in compliance with law.
(8) In every charge for a violation of any speed limit
specified in this section, the warrant or citation shall
specify the speed at which the defendant is alleged to have
driven, and the lawful speed limit applicable at the location
where the violation is charged to have occurred.
189.394. Fines for speeding — Doubling of fines in
highway work zones — Highway work zone safety fund —
Doubling of fines in school areas with flashing lights.
(1) The fines for speeding in violation of KRS 189.390 shall
be:
Mph. Prima Facie or Maximum Speed
Over
Limit 15 20 25 30 35 40 45 50 55 60 65 Fine
1 16 21 26 31 36 41 46 51 56 61 66 $ 1
2 17 22 27 32 37 42 47 52 57 62 67 2
3 18 23 28 33 38 43 48 53 58 63 68 3
4 19 24 29 34 39 44 49 54 59 64 69 4
5 20 25 30 35 40 45 50 55 60 65 70 5
6 21 26 31 36 41 46 51 56 61 66 71 16
7 22 27 32 37 42 47 52 57 62 67 72 17
8 23 28 33 38 43 48 53 58 63 68 73 18
9 24 29 34 39 44 49 54 59 64 69 74 19
10 25 30 35 40 45 50 55 60 65 70 75 20
11 26 31 36 41 46 51 56 61 66 71 76 22
12 27 32 37 42 47 52 57 62 67 72 77 24
13 28 33 38 43 48 53 58 63 68 73 78 26
14 29 34 39 44 49 54 59 64 69 74 79 28
15 30 35 40 45 50 55 60 65 70 75 80 30
16 31 36 41 46 51 56 61 66 71 76 81 32
17 32 37 42 47 52 57 62 67 72 77 82 34
18 33 38 43 48 53 58 63 68 73 78 83 36
19 34 39 44 49 54 59 64 69 74 79 84 38
20 35 40 45 50 55 60 65 70 75 80 85 40
21 36 41 46 51 56 61 66 71 43
22 37 42 47 52 57 62 67 72 46
23 38 43 48 53 58 63 68 73 49
24 39 44 49 54 59 64 69 74 52
25 40 45 50 55 60 65 70 75 55
(2) For speeding in excess of the speeds shown on the
specific fine schedule the fine shall be not less than
sixty dollars ($60) nor more than one hundred dollars ($100).
(3) For any violation shown on the chart for which a
specific fine is prescribed, the defendant may elect to pay
the fine and court costs to the circuit clerk before the date
of his trial or to be tried in the normal manner. Payment of
the fine and court costs to the clerk shall be considered as
a plea of guilty for all purposes.
(4) If the offense charged shows a speed in excess of the
speeds shown on the specific fine schedule the defendant
shall appear for trial and may not pay the fine to the clerk
before the trial date.
(5) If the offense occurred in a highway work zone, the
fine established by subsection (1) or (2) of this section
shall be doubled.
(6) All fines collected for speeding in a highway work zone
in violation of KRS 189.390 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.
(7) If the offense occurred in an area near a school where
flasher lights have been installed and are flashing, and a
speed limit has been set pursuant to KRS 189.336, the fine
established by subsection (1) or (2) of this section shall be
doubled.
189.336. Installation of flasher lights near schools — Speed limits.
(1) Fiscal courts, with respect to school zones situated in
unincorporated areas, may authorize by resolution installation at
county expense of school flasher lights and other traffic control
devices on highways in school zones as they deem reasonable and
necessary.
(2) Cities, with respect to school zones within their incorporated
areas, may authorize by ordinance installation at city expense of
school flasher lights and other traffic control devices on highways
in school zones as they deem reasonable and necessary.
(3) The speed limit on all highways where school flasher lights are in
operation shall be determined by the governmental unit having control
of the highway where a school flasher light is in operation. Flasher
lights shall be placed one-eighth (1/8) of a mile on each side of the
principal school building where practical. The governmental unit
having control of the highway where the lights are in operation shall
erect signs notifying motorists of the speed limit.
(4) "Highways" as used in this section shall mean any public road or
street maintained by a city, county or the state.
(5) Any traffic control devices erected by any governmental unit shall
conform to standards and specifications authorized by KRS 189.337.