KRS 189.292 Use of personal communication device prohibited while

operating motor vehicle in motion on traveled portion of roadway - Exclusions.

(1) As used in this section, "personal communication device" means a device

capable of two (2) way audio or text communication that emits an audible

signal, vibrates, displays a message, or otherwise summons or delivers

communication to the possessor, including but not limited to a paging

device and a cellular telephone.

(2) Except as provided in subsection (3) of this section, 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.

(3) Subsection (2) of this section shall not apply to:

(a) The use of a global positioning system feature of a personal

communication device;

(b) The reading, selecting, or entering of a telephone number or name in a

personal communication device for the purpose of making a phone call;

(c) An operator of an emergency or public safety vehicle, when the use of a

personal communication device is an essential function of the operator's

official duties; or

(d) The operator of a motor vehicle who writes a text message on a

personal communication device to:

1. Report illegal activity;

2. Summon medical help;

3. Summon a law enforcement or public safety agency; or

4. Prevent injury to a person or property.

KRS 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.

(1) As used in this section, "personal communication device" shall have the

same meaning as defined in KRS 189.292.

(2) 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.

(3) Use of a personal communication device does not include a stand-alone

global positioning system or an in-vehicle security, diagnostics, and

communications system, but does include manually entering information

into the global positioning system feature of a personal communication

device.

(4) This section shall not apply to the use of a citizens band radio or an

amateur radio by a motor vehicle operator.

(a) Prior to January 1, 2011, any person who violates KRS 189.292 or

KRS 189.294 shall not be issued a uniform citation, but shall instead

receive a courtesy warning.

(b) On or after January 1, 2011, any person who violates KRS 189.292 or

KRS 189.294 shall be fined twenty-five dollars ($25) for the first

offense and fifty dollars ($50) for each subsequent offense.