Estes v. Commonwealth

952 S.W.2d 701, 1997 Ky. LEXIS 115, 1997 WL 613464
CourtKentucky Supreme Court
DecidedOctober 2, 1997
Docket96-SC-750-DG
StatusPublished
Cited by16 cases

This text of 952 S.W.2d 701 (Estes v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estes v. Commonwealth, 952 S.W.2d 701, 1997 Ky. LEXIS 115, 1997 WL 613464 (Ky. 1997).

Opinions

[702]*702STEPHENS, Chief Justice.

On January 10, 1995, appellant, George Estes, was cited under KRS 304.99-060 for operating a motor vehicle which was not covered by insurance. Appellant was not the owner of the automobile. On April 3, 1995, appellant entered a conditional guilty plea to the no insurance charge and was sentenced to ninety (90) days in jail, thirty (30) days to serve with sixty (60) days probated for two years, and fined $1,000.

Appellant appealed to the Nicholas Circuit Court which ultimately reversed his conviction. The court held that without amendment to the substantive section of the statute, KRS 304.39-080, to include operators as well as owners, the amendment to the penalty section of the statute, KRS 304.99-060, could not be used to hold an operator liable for driving an uninsured motor vehicle.

The Court of Appeals granted discretionary review and on July 26, 1996, rendered a split decision reversing the Nicholas Circuit Court and reinstating appellant’s conviction. Specifically, the Court of Appeals held: “In construing the statutes [KRS 304.39-080 and 304.99-060] together to hold that a non-owner operator can be charged with failure to maintain proper insurance, both statutes are given effect and the legislative purpose [as evidenced in KRS 304.39.010(1) ] is satisfied.” The court further held that the statutory scheme did not violate appellant’s constitutional rights to due process and freedom from arbitrary treatment because when read as a whole, Chapter 304 places motorists on fair notice that it is illegal to operate an uninsured motor vehicle.

We subsequently granted discretionary review to determine whether a non-owner, operator of a motor vehicle can be assessed criminal penalties because the motor vehicle being driven is uninsured. After careful review of KRS 304.39-080 and KRS 304.99-060, we find that the operator cannot.

The substantive section of Subtitle 39, KRS 304.39-080(5), specifically states:

Except for entities described in subsections (3) and (4), every owner of a motor vehicle registered in this Commonwealth or operated in the Commonwealth by him or with his permission, shall continuously provide with respect to the motor vehicle while it is either present or registered in this Commonwealth and any other person may provide with respect to any motor vehicle, by a contract of insurance or by qualifying as a self-insurer, security for the payment of basic reparation benefits in accordance with this subtitle and security for payment of tort liabilities, arising from maintenance or use of the motor vehicle.

Id (emphasis added). Nevertheless, the real problem lies in the legislature’s amendment on July 15, 1994, to the penalty section of Subtitle 39, KRS 304.99-060, which provides in pertinent part:

(1) The owner or operator of any vehicle who fails to have in full force and effect the security required by Subtitle 39 of this chapter shall:
(a) Be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or sentenced to not more than ninety (90) days in jail, or both_

Id. (emphasis added). Basically, the amended language of KRS 304.99-060(1) appears to apply certain penalties to “owners” as well as “operators” of motor vehicles, while the substantive provision setting forth the offense in KRS 304.39-080, remains unchanged and only applies to “owners.”

For the Court of Appeals interpretation to work, KRS 304.99-060 must be construed as both substantive and penal. KRS 500.020(1) specifically states that “no act or omission shall constitute a criminal offense unless designated a crime or violation under this Code or another statute of this state.” Moreover, KRS 501.050(2) allows the imposition of absolute liability only when the legislature clearly intends it.

It is clear in the ease at bar that KRS 304.99-060 does not designate a substantive offense, but merely states the penalty for the violation of an offense already designated in Subtitle 39. While we agree with the Court of Appeals and the Commonwealth that the amendment to KRS 304.99-060 effectively brings operators of motor vehicles into the purview of that statute, this Court fails to [703]*703find that the amendment of a penalty provision can serve to create a substantive offense, when one did not previously exist as to operators.

Moreover, the Court of Appeals determined that when read as a whole, Chapter 304 serves to put an operator on notice that he or she could be held liable for operating an uninsured motor vehicle. We disagree.

The United States Supreme Court determined in Lambert v. California, 355 U.S. 225, 78 S.Ct. 240, 2 L.Ed.2d 228 (1957), that the imposition of absolute liability on an operator of a motor vehicle where he does not have some knowledge element is unconstitutional as a criminal penalty cannot be applied if a person has no knowledge of a duty owed. In examining Chapter 304 we find that KRS 304.39-080(8) expressly states that any person other than an owner “may” provide with respect to any motor vehicle the coverage required by the section. Clearly, this is permissive language and does not form a basis for charging anyone with responsibility other than the owner of the vehicle. In addition, KRS 304.99-060(4) also states, “Upon expiration of the minimum six (6) month policy period, the court shall order the vehicle owner to appear before it to verify renewal of the security required by Subtitle 39_” (emphasis added).

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Estes v. Commonwealth
952 S.W.2d 701 (Kentucky Supreme Court, 1997)

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Bluebook (online)
952 S.W.2d 701, 1997 Ky. LEXIS 115, 1997 WL 613464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estes-v-commonwealth-ky-1997.