(1) Subject to the requirements of subsection (2) of this section, if a violation of KRS 189.2326, 189.290 to 189.575, or 189.910 to 189.960 occurred in a highway work zone, the fine shall be: (a) 1. Five hundred dollars ($500) if no person is physically injured or dies as a result of the violation. Notwithstanding the provisions of KRS 189.999, the fine under this paragraph is prepayable; and 2. A driver may attend a state tr affic school or a county attorney -operated traffic safety program established pursuant to KRS 186.574 for a violation of KRS 189.2326; and (b) Not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000) if the violation results in physical injury to or death of any person. (2) (a) In order for an increased fine to be imposed under this section, the highway work zone must have: 1. Signs displayed informing drivers of the existence of a highway work zone and that fines are increased in it; and 2. At least one (1) bona fide worker is present in the highway work zone. (b) If a violation of any of the offenses identified in subsection (1) of this section can be classified as a misdemeanor, those penalties shall apply in addition to the penalties in subsection (1) of this section. (3) All fines collected for violations in a h ighway work zone under this section 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.
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