{"data":{"id":"us-ky/krs-158.489","jurisdiction":"us-ky","citation":"KRS 158.489","heading":"Contest of violation -- Evidence -- Standard of proof -- Defenses.","body":"(1) A recorded image produced by a camera monitoring system shall be sufficient\nevidence of a violation of KRS 189.370 and shall be admitted without further\nauthentication for  the purposes of enforcement. There shall be a rebuttable\npresumption that when any school bus is stopped with its stop arm activated it is for\nthe purpose of receiving or discharging passengers, and that the school bus signal\nlights are activated and oper ational when a recorded image includes an electronic\nindicator signifying activation of signal lights.\n(2) In a contest to a stop arm camera violation, liability shall be determined by a\npreponderance of the evidence and it shall be a defense that:\n(a) The motor vehicle or the motor vehicle registration plates were stolen before\nthe violation occurred and were not under the control or possession of the\nowner at the time of the violation;\n(b) The civil penalty is not enforceable because at the time and locat ion of the\nviolation the stop arm was not activated;\n(c) The owner was not operating the vehicle at the time of the violation. An\nowner who raises this defense shall identify, under penalty of perjury, the\nperson who was operating the vehicle at the time o f the violation, including at\na minimum the operator's name and address;\n(d) The person operating the motor vehicle received a citation from a law\nenforcement officer for a violation of KRS 189.370 at the date and\napproximate time listed on the stop arm camera violation form;\n(e) The violation was necessary to allow the passage of an emergency vehicle; or\n(f) The violation occurred while the operator was participating in a funeral\nprocession.\n(3) A contest to a stop arm camera violation shall be heard by th e District Court, and\nthe school district and applicable law enforcement agency shall defend the stop arm\ncamera violation.\n(4) A school district may contract for legal services to fulfill the obligations in\nsubsection (3) of this section.","path":["KRS Chapter 158"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57414","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:05Z","sha256":"e250174083ad4f6596739d234c013a674a3c1f88397a6ac9373a1ddc48de4b49","source_id":"us-ky","stale":false,"prev":"us-ky/krs-158.488","next":"us-ky/krs-158.490"},"notice":"GroundRules: Original legal text. Not legal advice."}