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AN ACT relating to operator's licenses and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 281A.160 is amended to read as follows: 3
(1) (a) Except as provided in subsection (4) of this section, the State Police shall be 4
responsible for administering both the knowledge and skills test required by 5
KRS 281A.130. 6
(b) Applicants who fail the written knowledge test shall be permitted to retake the 7
written test on the next day the tests are administered. Applicants who fail the 8
written test six (6) times shall be required to wait three (3) days before taking 9
the knowledge test again. Applicants who subsequently fail the written test 10
three (3) additional times shall be required to wait three (3) days prior to 11
retaking the test. 12
(2) (a) Except as provided for in subsection (3) of this section, at the time a CDL 13
permit is issued: 14
1. An applicant who has held a Kentucky operator's license for thirty (30) 15
days or longer shall pay a skills-testing fee of fifty dollars ($50); and 16
2. An applicant who has held a Kentucky operator's license for less than 17
thirty (30) days shall pay a skills-testing fee of one hundred fifty dollars 18
($150). 19
(b) There is created within the State Treasury a trust fund to be known as the State 20
Police CDL skills-testing fund. The fund shall be administered by the State 21
Police and shall receive all skills-testing and retesting fees collected under 22
subsections (2)(a) and (6)(e) of this section, in addition to any grants, gifts, or 23
appropriations of state or federal moneys and any interest earned on moneys in 24
the fund. Moneys in the fund shall not lapse and shall be carried forward to 25
the next succeeding fiscal year. The State Police CDL skills-testing fund shall 26
be used by the State Police to contract with and train civilian CDL skills 27 UNOFFICIAL COPY 22 RS BR 1453
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examiners and to improve the logistics of the CDL skills-testing process. 1
(c) The State Police, upon request of an applicant who has passed both the vision 2
and knowledge tests, may schedule the applicant for the skills test at the first 3
available test date at a test site designated by the State Police but not less than 4
fourteen (14) days after the applicant has filed the application and been issued 5
a CDL permit. Except in extenuating circumstances, a retest for a failed 6
portion of the skills test shall be given within three (3) days of a request of a 7
retest. 8
(d) An applicant shall provide a class representative commercial vehicle, for the 9
class of CDL for which the applicant is testing, in which to take the skills test. 10
Unless the State Police grant an exemption at the time the application for 11
testing is made, the vehicle supplied under this paragraph shall be unloaded. 12
Upon arrival for the skills test, the applicant shall have in his or her possession 13
a valid Kentucky operator's license and a valid CDL permit. A CDL-licensed 14
driver who is at least twenty-one (21) years old shall accompany the applicant 15
at all times the applicant is in operation of a commercial vehicle. 16
(3) A testing fee shall not be charged to: 17
(a) An individual applying for a CDL with an "S" endorsement as defined in KRS 18
281A.170; or 19
(b) Military personnel applying for a CDL under KRS 281A.165. 20
(4) The State Police may authorize a third party to administer the skills test specified by 21
this section if: 22
(a) The test is the same that would otherwise be administered by the state; and 23
(b) The third party has entered into an agreement with this Commonwealth which 24
complies with requirements of Title 49, Code of Federal Regulations, Part 25
383.75, as adopted by the Transportation Cabinet. 26
(5) The State Police shall promulgate administrative regulations under KRS Chapter 27 UNOFFICIAL COPY 22 RS BR 1453
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13A that establish procedures that ensure an arm's-length relationship is maintained 1
between a third-party tester and any owner, officer, or employee of any program 2
offering commercial truck driving under the Kentucky Community and Technical 3
College System or a proprietary school licensed under KRS Chapter 165A. 4
(6) (a) Applicants shall be permitted to take the skills test for a particular class 5
vehicle an unlimited number of times; however, an applicant shall not retest 6
more than one (1) time in any twenty-four (24) hour period. 7
(b) The skills test shall consist of three (3) separate portions: pre-trip inspection, 8
basic maneuvering, and road skills. An applicant must achieve a score of at 9
least eighty percent (80%) on each portion of the skills test before a CDL may 10
be issued to the applicant. An applicant who passes one (1) or more portions 11
of the skills test but does not pass all portions of the skills test shall retest only 12
on those portions of the skills test the applicant failed. 13
(c) An applicant who fails any portion of the skills test four (4) times shall be 14
notified by the State Police that the applicant is required to wait one (1) week 15
before retaking a portion of this skills test again. 16
(d) Failure of an applicant to notify the State Police at least forty-eight (48) hours 17
prior to missing an appointment for a skills test, or provide a written medical 18
excuse from a licensed physician, advanced registered nurse practitioner, or 19
physician's assistant, shall be considered a failure, on all parts of the skills test 20
scheduled to be given, for the purposes of determining number of failures, 21
waiting periods, and retesting fees under paragraphs (c) and (e) of this 22
subsection for individual applicants. The fees for a missed appointment failure 23
shall be forfeited and retained in the State Police CDL skills-testing fund 24
established under this section. If the forty-eight (48) hour notice or medical 25
excuse is given, the fee shall be applied to the rescheduled test. A missed 26
appointment failure under this paragraph shall not be reported as a failure to 27 UNOFFICIAL COPY 22 RS BR 1453
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the board. 1
(e) Except as provided for in paragraph (d) of this subsection, at the time of 2
application for a retest under this subsection, the applicant shall pay a retesting 3
fee of fifty dollars ($50). 4
(7) (a) An applicant who seeks reinstatement of a commercial driver's license after a 5
suspension, withdrawal, revocation, or disqualification of less than one (1) 6
year shall pay the reinstatement fee as prescribed by KRS 281A.150(7) and 7
shall receive his or her commercial driver's license with all endorsement and 8
restrictions that were in effect at the time of suspension. An applicant who 9
seeks reinstatement of a commercial driver's license after a suspension, 10
withdrawal, revocation, or disqualification of one (1) year or more shall 11
submit to the skills, knowledge, and vision tests. 12
(b) Subject to paragraph (c) of this subsection, a person who possessed a 13
Kentucky commercial driver's license that has expired for a period of less 14
than five (5) years and was not subject to suspension, withdrawal, 15
revocation, or disqualification for any reason at the time of expiration may 16
have that license reinstated, with all endorsements, without submitting to 17
the skills and knowledge tests by applying to the cabinet for renewal. Upon 18
submission of medical certification, successful completion of any necessary 19
criminal background check, and review of the person's driving history 20
record, the cabinet shall issue a renewal CDL, with all endorsements, to an 21
applicant under this paragraph. 22
(c) A person who otherwise meets the requirements of paragraph (b) of this 23
subsection whose CDL was subject to suspension or revocation solely for 24
failure to provide medical certification may apply for renewal of a CDL 25
under paragraph (b) of this subsection. 26
(8) (a) The commissioner of the Department of Kentucky State Police shall 27 UNOFFICIAL COPY 22 RS BR 1453
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promulgate administrative regulations pursuant to the provisions of KRS 1
Chapter 13A to implement the provisions of this section. 2
(b) The State Police shall promulgate administrative regulations under KRS 3
Chapter 13A to set forth the qualifications for contract examiners retained 4
under subsection (2)(b) of this section. 5
Section 2. KRS 186.635 is amended to read as follows: 6
(1) The following persons shall be required to successfully complete the examinations 7
required under KRS 186.480 prior to being issued a Kentucky operator's license: 8
(a)[(1)] A person who has been issued a Kentucky instruction permit or 9
intermediate license; 10
(b)[(2)] A person who has applied for a Kentucky operator's license under KRS 11
186.412 or 186.4121; and 12
(c)[(3)] Other persons as identified in an administrative regulation promulgated 13
by the Department of Kentucky State Police or the Transportation Cabinet 14
under KRS Chapter 13A. 15
(2) A person who possessed a Kentucky operator's license that has expired for a 16
period of less than five (5) years and was not subject to suspension, withdrawal, 17
revocation, or disqualification at the time of expiration may have that license 18
reinstated without submitting to the examinations required under KRS 186.480 19
by applying to the cabinet for renewal. Upon submission of any vision testing 20
required under KRS 186.577 and review of the person's driving history record, 21
the cabinet shall issue a renewal operator's license to an applicant under this 22
paragraph. 23
Section 3. Whereas facilitating the renewal of recently expired CDLs in good 24
standing will help increase the number of commercial truck drivers on the highway 25
during an unprecedented backlog in our nation's supply chain, an emergency is declared 26
to exist, and this Act takes effect upon its passage and approval by the Governor or upon 27 UNOFFICIAL COPY 22 RS BR 1453
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its otherwise becoming a law. 1