SUMMARY OF THE KY TEXTING LAW

SECTION 1:

(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.


SECTION 2:

(1) As used in this section, "personal communication device" shall have the same meaning as defined in section 1 of this act.

(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.


SECTION 3:

(a) Prior to January 1, 2011, any person who violates Section 2 or 3 of this Act 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 Section 2 or 3 of this Act shall be fined twenty-five dollars ($25) for the first offense and fifty dollars ($50) for each subsequent offense.