Motor vehicle racing violations would carry fines and vehicle penalties

A person who violates KRS 189.505 would face a $1,000 fine for a first offense and a $2,000 fine for a later offense, with possible jail time. This applies to any person who violates KRS 189.505. A court may impose up to 30 days in jail in addition to, or instead of, the fine. For a first offense, the vehicle used in the violation would be impounded for at least six months under the cited local-government laws. For a second or later offense, the vehicle used in the violation would be forfeited to the Commonwealth and destroyed or sold at public auction under Section 2. The different penalties apply according to whether the violation is a first offense or a second or later offense; no effective date is stated.

A trial court would decide how forfeited property is destroyed, sold, retained for official use, or returned to a lawful owner or lienholder. These provisions cover property forfeited under the Kentucky Penal Code, including vehicles seized for a second or later KRS 189.505 violation. The court must order destruction, sale, or official use where the text allows those options. Sale proceeds would first cover storage and sale costs and valid recorded liens, with the remaining money distributed according to which agency seized the property. Before forfeiture, the court must check for an identified or identifiable lawful owner or claimant and provide notice and time to make a claim. A lawful claimant must show a legal interest and that the unlawful use occurred without the claimant's knowledge and consent. The court must identify and notify a lawful owner or claimant before forfeiture; property may be disposed of after the claim period ends or the claimant gives up the claim.