Texting and distracted driving laws in Kentucky

Kentucky bans texting behind the wheel for every driver, and police can pull you over for it on its own. What the state does not have, at least not yet, is a full hands-free law. If you were just hit by someone who was looking at a phone, that distinction matters, both for what the other driver was breaking and for what you can prove afterward. Here is what Kentucky law actually says in 2026.

What KRS 189.292 bans

The core rule is KRS 189.292. It makes it illegal to "write, send, or read text-based communication" on a personal communication device while your vehicle "is in motion on the traveled portion of a roadway."¹ That covers text messages, instant messages, and email. The statute defines a personal communication device broadly: any 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," including a cellular telephone.¹

Two details matter here. The ban is a primary offense, so an officer doesn't need another reason to stop you. And it applies only while the car "is in motion." On its face, the statute doesn't reach a driver reading a text while stopped at a red light.¹

Handheld calls are treated differently. Kentucky has no general handheld ban for adult drivers. You can legally hold your phone and talk while driving, and the texting law specifically allows "reading, selecting, or entering a telephone number or name ... for the purpose of making a phone call."¹

The exceptions written into the statute

KRS 189.292 spells out what doesn't count as illegal texting. Device use is allowed when it involves:

a GPS feature on the phone, or a navigation system built into the vehicle;¹
reading, selecting, or entering a phone number or name to place a call;¹
an operator of an emergency or public safety vehicle using the device as an essential part of official duties;¹
writing a text to report illegal activity, summon medical help, contact law enforcement or a public safety agency, or prevent injury to a person or property.¹

That emergency carve-out is narrow. It's for reaching help or reporting a crime, not for answering messages because traffic slowed down.

The fine is small, the points aren't

The money penalty barely stings. Under KRS 189.990, a texting violation costs $25 for a first offense and $50 for each one after.²

The license points do more damage. Kentucky's point schedule, 601 KAR 13:025, assigns three points for texting while driving.³ Points sit on your record for two years from the conviction date and stack across violations. A driver 18 or older who hits 12 points in that window faces a hearing that can suspend the license; for a driver under 18, the number is 7.³ The ticket is cheap, but the points can move a driver toward suspension and an insurer toward a higher premium.

Tougher rules for drivers under 18

Young drivers get a stricter standard. Under KRS 189.294, anyone under 18 who holds an instruction permit, intermediate license, or operator's license can't use a personal communication device at all while the vehicle is in motion.⁴ That means no calls and no texts. The single exception is contacting medical help, law enforcement, or a public safety agency in an emergency.⁴

Dedicated navigation gear is handled separately. A stand-alone GPS unit, a nav system built into the car, or an in-vehicle diagnostics system isn't a personal communication device under the statute. But manually typing an address into the GPS app on your phone does count, and it's off-limits for these drivers.⁴ The same $25 and $50 fines apply.²

The 2026 hands-free bill that failed

Kentucky nearly went further this year. Senate Bill 28, the Phone-Down Kentucky Act, would have banned holding a phone at all while driving, whether to text, call, or watch video, and would have raised the fine to $100, with the money going to brain-injury, trauma-care, and veterans' funds.⁵ It passed the Senate 31 to 7 on January 20, 2026, then moved to the House.⁵ It was referred to the House Transportation Committee on March 9, 2026, and never reached a floor vote before the session ended. The bill died in committee.⁵

So the rule in 2026 is where it has been for years: texting is banned for everyone, all phone use is banned for drivers under 18, and handheld calls stay legal for adults.

Why this matters on Kentucky roads

Distraction is a real share of the state's crash toll. Kentucky recorded 707 traffic deaths in 2024, the lowest count in a decade, yet the Office of Highway Safety still flagged driver distraction as a contributing factor in 22 percent of the fatal crashes.⁶ Among the behaviors tied to those deaths, distraction (22 percent) came in ahead of alcohol (19 percent) and behind speeding and aggressive driving (33 percent).⁶ The national picture runs the same direction: NHTSA counted 3,283 people killed in distraction-affected crashes across the country in 2023.⁷

What a distracted-driving crash means for your claim

Here's where the traffic law meets your injury case. A texting citation against the other driver is proof they broke a safety statute, and that helps establish negligence. But Kentucky is a choice no-fault state, and that shapes what comes next.

Your own Basic Reparation Benefits, the state's version of PIP, pay first for medical bills and lost wages up to a $10,000 minimum, regardless of who caused the crash.⁸ To step outside no-fault and sue the at-fault driver for pain and suffering, you generally need more than $1,000 in medical expenses or a qualifying serious injury, such as a fracture, permanent injury, permanent disfigurement, or death, under KRS 304.39-060.⁹ Plenty of distracted-driving crashes clear that line; minor fender-benders may not.

Fault is split under pure comparative negligence, the rule the Kentucky Supreme Court adopted in Hilen v. Hays. Your recovery drops by your own percentage of fault, but you can still recover even if most of the blame was yours.¹⁰ The deadline is tight. Most car-crash injury claims have to be filed within two years of the accident, or of the last no-fault payment if that's later, under KRS 304.39-230.¹¹

If you're weighing a claim, it helps to have the official Kentucky crash report in hand, and if your car lost resale value in the wreck, that's a separate diminished value claim. When injuries are serious or fault is disputed, it's worth talking with a Kentucky attorney early.

This article is general information, not legal advice.

Sources

Kentucky Revised Statutes, KRS 189.292, Use of personal communication device prohibited while operating motor vehicle in motion. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39750
Kentucky Revised Statutes, KRS 189.990, Penalties. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57417
Kentucky Administrative Regulations, 601 KAR 13:025, Point system. https://apps.legislature.ky.gov/law/kar/titles/601/013/025/
Kentucky Revised Statutes, KRS 189.294, Use of personal communication device by minor prohibited. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39751
Kentucky Legislature, Senate Bill 28 (2026 Regular Session), Phone-Down Kentucky Act, bill history. https://apps.legislature.ky.gov/record/26rs/sb28.html
Kentucky Transportation Cabinet, Office of Highway Safety, Decline in Highway Fatalities in 2024. https://transportation.ky.gov/NewsRoom/Decline%20in%20Highway%20Fatalities%20in%202024.pdf
National Highway Traffic Safety Administration, Distracted Driving in 2023 (Research Note, DOT HS 813 703). https://crashstats.nhtsa.dot.gov/Api/Public/Publication/813703
Kentucky Revised Statutes, KRS 304.39-020, Basic reparation benefits. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48634
Kentucky Revised Statutes, KRS 304.39-060, Abolition of tort liability. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30030
Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984). https://www.courtlistener.com/opinion/2455891/hilen-v-hays
Kentucky Revised Statutes, KRS 304.39-230, Limitations of actions. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45816

Texting and Distracted Driving Laws in Kentucky