Kentucky Statutes 186.560 – Mandatory revocation or denial of license — Causes — Period of revocation or denial — Prohibition against reductions of certain revocations or denials — Limited exception relating to enrollment in alcohol or substance …
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(1) The cabinet shall forthwith revoke the license of any operator of a motor vehicle upon receiving record of his or her:
(a) Conviction of any of the following offenses:
1. Murder or manslaughter resulting from the operation of a motor vehicle;
2. Driving a vehicle which is not a motor vehicle while under the influence of alcohol or any other substance which may impair one’s driving ability;
3. Perjury or the making of a false affidavit under KRS § 186.400 to KRS § 186.640 or any law requiring the registration of motor vehicles or regulating their operation on highways;
4. Any felony in the commission of which a motor vehicle is used;
5. Conviction or forfeiture of bail upon three (3) charges of reckless driving within the preceding twelve (12) months;
6. Conviction of driving a motor vehicle involved in an accident and failing to stop and disclose his identity at the scene of the accident;
7. Conviction of theft of a motor vehicle or any of its parts, including the conviction of any person under the age of eighteen (18) years;
8. Failure to have in full force and effect the security required by Subtitle
39 of KRS Chapter 304 upon conviction of a second and each subsequent offense within any five (5) year period;
9. Conviction for fraudulent use of a driver’s license or use of a fraudulent driver’s license to purchase or attempt to purchase alcoholic beverages, as defined in KRS § 241.010, in violation of KRS § 244.085(4);
10. Conviction of operating a motor vehicle, motorcycle, or moped without an operator’s license as required by KRS § 186.410; and
11. Conviction of fleeing or evading police in the second degree when the offense involved the operation of a motor vehicle; or
(b) Being found incompetent to stand trial under KRS Chapter 504.
(2) If the person convicted of any offense named in subsection (1) of this section or who is found incompetent to stand trial is not the holder of a license, the cabinet shall deny the person so convicted a license for the same period of time as though he had possessed a license which had been revoked. If through an inadvertence the defendant should be issued a license, the cabinet shall forthwith cancel it.
(3) The cabinet, upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle while the license of that person is denied, or suspended, or revoked, or while his privilege to operate a motor vehicle is withdrawn, shall immediately extend the period of the first denial, suspension, revocation, or withdrawal for an additional like period.
(4) The revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle for a violation of subsection (1)(a)1. of this section shall be for a period of not less than five (5) years. Revocations or denials under this section shall not be subject to any lessening of penalties authorized under any other provision of this section or any other statute.
(5) Except as provided in subsections (3), (4), (8), and (9) of this section, in all other cases, the revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle under this section shall be for a period of six (6) months, except that if the same person has had one (1) previous conviction of any offense enumerated in subsection (1) of this section, regardless of whether the person’s license was revoked because of the previous conviction, the period of the revocation, denial, or withdrawal shall be one (1) year. If the person has had more than one (1) previous conviction of the offenses considered collectively as enumerated in subsection (1) of this section, regardless of whether the person’s license was revoked for any previous conviction, the period of revocation, denial, or withdrawal shall be for not less than two (2) years. If the cabinet, upon receipt of the written recommendation of the court in which any person has been convicted of violating KRS § 189.520(1) or 244.085(4) as relates to instances in which a driver’s license or fraudulent driver’s license was the identification used or attempted to be used in the commission of the offense, who has had no previous conviction of said offense, the person’s operator’s license shall not be revoked, but the person’s operator’s license shall be restricted to any terms and conditions the secretary in his discretion may require, provided the person has enrolled in an alcohol or substance abuse education or treatment program as the cabinet shall require. If the person fails to satisfactorily complete the education or treatment program or violates the restrictions on his operator’s license, the cabinet shall immediately revoke his operator’s license for a period of six (6) months.
(6) In order to secure the reinstatement of a license to operate a motor vehicle or motorcycle restored following a period of suspension pursuant to KRS Chapter
189A, the person whose license is suspended shall comply with the fees and other procedures of the Transportation Cabinet with regard to the reinstatement of suspended licenses.
(7) The cabinet shall revoke the license of any operator of a motor vehicle upon receiving notification that the person is under age eighteen (18) and has dropped out of school or is academically deficient, as defined in KRS § 159.051(1).
(8) A person under the age of eighteen (18) who is convicted of the offenses of subsections (1) or (3) of this section, except for subsection (1)(a)8. or 9. of this section, shall have his license revoked until he reaches the age of eighteen (18) or shall have his license revoked as provided in this section, whichever penalty will result in the longer period of revocation.
(9) A revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle under this section due to a person being found incompetent to stand trial shall extend until the person is found competent to stand trial or the criminal case is dismissed.
Effective: July 1, 2020
History: Amended 2020 Ky. Acts ch. 97, sec. 3, effective July 1, 2020. — Amended
2019 Ky. Acts ch. 103, sec. 24, effective July 1, 2020. — Amended 2017 Ky. Acts ch.
62, sec. 117, effective June 29, 2017. — Amended 2013 Ky. Acts ch. 16, sec. 1, effective June 25, 2013. — Amended 2006 Ky. Acts ch. 235, sec. 2, effective July 12,
2006. — Amended 2000 Ky. Acts ch. 467, secs. 26 and 29, effective October 1, 2000.
— Amended 1996 Ky. Acts ch. 198, sec. 8, effective October 1, 1996. — Amended
1991 (1st Extra. Sess.) Acts Ch. 15, Sec. 20, effective July 1, 1991. — Amended 1990
Ky. Acts ch. 234, sec. 5, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 222, sec. 1, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 376, sec. 2, effective July 15, 1986; ch. 434, sec. 1, effective July 15, 1986; and ch. 443, sec. 3, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 129, sec. 3, effective January 1, 1985; and ch. 165, sec. 15, effective July 13, 1985. — Amended 1980 Ky. Acts ch. 103, sec.
1, effective July 15, 1980. — Amended 1974 Ky. Acts ch. 217, sec. 1. — Amended
1966 Ky. Acts ch. 17, sec. 1. — Amended 1946 Ky. Acts ch. 127, sec. 7. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739m-49.
Legislative Research Commission Note (6/25/2013). In codifying 2013 Ky. Acts ch. 16, sec. 1, (this statute), a reference in subsection (8) to “subsection (1)(a)8. or 8. of this section” has been changed to “subsection (1)(a)8. or 9. of this section.” The internal numbering of subsection (1) of this statute was modified by that Act, but the reference in subsection (8) of this statute was incorrectly modified to conform with that renumbering. The Reviser of Statutes has corrected this manifest clerical or typographical error under the authority of KRS § 7.136(1)(h).
(a) Conviction of any of the following offenses:
Terms Used In Kentucky Statutes 186.560
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Moped: means either a motorized bicycle whose frame design may include one (1) or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or a motorized bicycle with a step-through type frame which may or may not have pedals rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, and capable of a maximum speed of not more than thirty (30) miles per hour. See Kentucky Statutes 186.010
- Motor vehicle: means in KRS §. See Kentucky Statutes 186.010
- Motorcycle: means any motor driven vehicle that has a maximum speed that exceeds fifty (50) miles per hour, has a seat or saddle for the use of the operator, and is designed to travel on not more than three (3) wheels in contact with the ground, including vehicles on which the operator and passengers ride in an enclosed cab. See Kentucky Statutes 186.010
- Operator: means any person in actual control of a motor vehicle upon a highway. See Kentucky Statutes 186.010
- Statute: A law passed by a legislature.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except electric low-speed scooters, devices moved by human and animal power or used exclusively upon stationary rails or tracks, or which derives its power from overhead wires. See Kentucky Statutes 186.010
- Year: means calendar year. See Kentucky Statutes 446.010
1. Murder or manslaughter resulting from the operation of a motor vehicle;
2. Driving a vehicle which is not a motor vehicle while under the influence of alcohol or any other substance which may impair one’s driving ability;
3. Perjury or the making of a false affidavit under KRS § 186.400 to KRS § 186.640 or any law requiring the registration of motor vehicles or regulating their operation on highways;
4. Any felony in the commission of which a motor vehicle is used;
5. Conviction or forfeiture of bail upon three (3) charges of reckless driving within the preceding twelve (12) months;
6. Conviction of driving a motor vehicle involved in an accident and failing to stop and disclose his identity at the scene of the accident;
7. Conviction of theft of a motor vehicle or any of its parts, including the conviction of any person under the age of eighteen (18) years;
8. Failure to have in full force and effect the security required by Subtitle
39 of KRS Chapter 304 upon conviction of a second and each subsequent offense within any five (5) year period;
9. Conviction for fraudulent use of a driver’s license or use of a fraudulent driver’s license to purchase or attempt to purchase alcoholic beverages, as defined in KRS § 241.010, in violation of KRS § 244.085(4);
10. Conviction of operating a motor vehicle, motorcycle, or moped without an operator’s license as required by KRS § 186.410; and
11. Conviction of fleeing or evading police in the second degree when the offense involved the operation of a motor vehicle; or
(b) Being found incompetent to stand trial under KRS Chapter 504.
(2) If the person convicted of any offense named in subsection (1) of this section or who is found incompetent to stand trial is not the holder of a license, the cabinet shall deny the person so convicted a license for the same period of time as though he had possessed a license which had been revoked. If through an inadvertence the defendant should be issued a license, the cabinet shall forthwith cancel it.
(3) The cabinet, upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle while the license of that person is denied, or suspended, or revoked, or while his privilege to operate a motor vehicle is withdrawn, shall immediately extend the period of the first denial, suspension, revocation, or withdrawal for an additional like period.
(4) The revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle for a violation of subsection (1)(a)1. of this section shall be for a period of not less than five (5) years. Revocations or denials under this section shall not be subject to any lessening of penalties authorized under any other provision of this section or any other statute.
(5) Except as provided in subsections (3), (4), (8), and (9) of this section, in all other cases, the revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle under this section shall be for a period of six (6) months, except that if the same person has had one (1) previous conviction of any offense enumerated in subsection (1) of this section, regardless of whether the person’s license was revoked because of the previous conviction, the period of the revocation, denial, or withdrawal shall be one (1) year. If the person has had more than one (1) previous conviction of the offenses considered collectively as enumerated in subsection (1) of this section, regardless of whether the person’s license was revoked for any previous conviction, the period of revocation, denial, or withdrawal shall be for not less than two (2) years. If the cabinet, upon receipt of the written recommendation of the court in which any person has been convicted of violating KRS § 189.520(1) or 244.085(4) as relates to instances in which a driver’s license or fraudulent driver’s license was the identification used or attempted to be used in the commission of the offense, who has had no previous conviction of said offense, the person’s operator’s license shall not be revoked, but the person’s operator’s license shall be restricted to any terms and conditions the secretary in his discretion may require, provided the person has enrolled in an alcohol or substance abuse education or treatment program as the cabinet shall require. If the person fails to satisfactorily complete the education or treatment program or violates the restrictions on his operator’s license, the cabinet shall immediately revoke his operator’s license for a period of six (6) months.
(6) In order to secure the reinstatement of a license to operate a motor vehicle or motorcycle restored following a period of suspension pursuant to KRS Chapter
189A, the person whose license is suspended shall comply with the fees and other procedures of the Transportation Cabinet with regard to the reinstatement of suspended licenses.
(7) The cabinet shall revoke the license of any operator of a motor vehicle upon receiving notification that the person is under age eighteen (18) and has dropped out of school or is academically deficient, as defined in KRS § 159.051(1).
(8) A person under the age of eighteen (18) who is convicted of the offenses of subsections (1) or (3) of this section, except for subsection (1)(a)8. or 9. of this section, shall have his license revoked until he reaches the age of eighteen (18) or shall have his license revoked as provided in this section, whichever penalty will result in the longer period of revocation.
(9) A revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle under this section due to a person being found incompetent to stand trial shall extend until the person is found competent to stand trial or the criminal case is dismissed.
Effective: July 1, 2020
History: Amended 2020 Ky. Acts ch. 97, sec. 3, effective July 1, 2020. — Amended
2019 Ky. Acts ch. 103, sec. 24, effective July 1, 2020. — Amended 2017 Ky. Acts ch.
62, sec. 117, effective June 29, 2017. — Amended 2013 Ky. Acts ch. 16, sec. 1, effective June 25, 2013. — Amended 2006 Ky. Acts ch. 235, sec. 2, effective July 12,
2006. — Amended 2000 Ky. Acts ch. 467, secs. 26 and 29, effective October 1, 2000.
— Amended 1996 Ky. Acts ch. 198, sec. 8, effective October 1, 1996. — Amended
1991 (1st Extra. Sess.) Acts Ch. 15, Sec. 20, effective July 1, 1991. — Amended 1990
Ky. Acts ch. 234, sec. 5, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 222, sec. 1, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 376, sec. 2, effective July 15, 1986; ch. 434, sec. 1, effective July 15, 1986; and ch. 443, sec. 3, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 129, sec. 3, effective January 1, 1985; and ch. 165, sec. 15, effective July 13, 1985. — Amended 1980 Ky. Acts ch. 103, sec.
1, effective July 15, 1980. — Amended 1974 Ky. Acts ch. 217, sec. 1. — Amended
1966 Ky. Acts ch. 17, sec. 1. — Amended 1946 Ky. Acts ch. 127, sec. 7. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739m-49.
Legislative Research Commission Note (6/25/2013). In codifying 2013 Ky. Acts ch. 16, sec. 1, (this statute), a reference in subsection (8) to “subsection (1)(a)8. or 8. of this section” has been changed to “subsection (1)(a)8. or 9. of this section.” The internal numbering of subsection (1) of this statute was modified by that Act, but the reference in subsection (8) of this statute was incorrectly modified to conform with that renumbering. The Reviser of Statutes has corrected this manifest clerical or typographical error under the authority of KRS § 7.136(1)(h).