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AN ACT relating to commercial driver's licenses. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘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) A person applying under subsection (8) of this section shall pay a skills-20
testing fee of one hundred fifty dollars ($150). 21
(c) There is created within the State Treasury a trust fund to be known as the 22
State Police CDL skills-testing fund. The fund shall be administered by the 23
State Police and shall receive all skills-testing and retesting fees collected 24
under subsections (2)(a) and (b) and (6)(e) of this section, in addition to any 25
grants, gifts, or appropriations of state or federal moneys and any interest 26
earned on moneys in the fund. Moneys in the fund shall not lapse and shall be 27 UNOFFICIAL COPY 23 RS BR 1485
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carried forward to the next succeeding fiscal year. The State Police CDL 1
skills-testing fund shall be used by the State Police to contract with and train 2
civilian CDL skills examiners and to improve the logistics of the CDL skills-3
testing process. 4
(d)[(c)] The State Police, upon request of an applicant who has passed both the 5
vision and knowledge tests, may schedule the applicant for the skills test at 6
the first available test date at a test site designated by the State Police but not 7
less than fourteen (14) days after the applicant has filed the application and 8
been issued a CDL permit. Except in extenuating circumstances, a retest for a 9
failed portion of the skills test shall be given within three (3) days of a request 10
of a retest. 11
(e)[(d)] An applicant shall provide a class representative commercial vehicle, for 12
the class of CDL for which the applicant is testing, in which to take the skills 13
test. Unless the State Police grant an exemption at the time the application for 14
testing is made, the vehicle supplied under this paragraph shall be unloaded. 15
Upon arrival for the skills test, the applicant shall have in his or her 16
possession a valid Kentucky operator's license and a valid CDL permit. A 17
CDL-licensed driver who is at least twenty-one (21) years old shall 18
accompany the applicant at all times the applicant is in operation of a 19
commercial vehicle. 20
(3) A testing fee shall not be charged to: 21
(a) An individual applying for a CDL with an "S" endorsement as defined in KRS 22
281A.170; or 23
(b) Military personnel applying for a CDL under KRS 281A.165. 24
(4) The State Police may authorize a third party to administer the skills test specified by 25
this section if: 26
(a) The test is the same that would otherwise be administered by the state; and 27 UNOFFICIAL COPY 23 RS BR 1485
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(b) The third party has entered into an agreement with this Commonwealth which 1
complies with requirements of Title 49, Code of Federal Regulations, Part 2
383.75, as adopted by the Transportation Cabinet. 3
(5) The State Police shall promulgate administrative regulations under KRS Chapter 4
13A that establish procedures that ensure an arm's-length relationship is maintained 5
between a third-party tester and any owner, officer, or employee of any program 6
offering commercial truck driving under the Kentucky Community and Technical 7
College System or a proprietary school licensed under KRS Chapter 165A. 8
(6) (a) Applicants shall be permitted to take the skills test for a particular class 9
vehicle an unlimited number of times; however, an applicant shall not retest 10
more than one (1) time in any twenty-four (24) hour period. 11
(b) The skills test shall consist of three (3) separate portions: pre-trip inspection, 12
basic maneuvering, and road skills. An applicant must achieve a score of at 13
least eighty percent (80%) on each portion of the skills test before a CDL may 14
be issued to the applicant. An applicant who passes one (1) or more portions 15
of the skills test but does not pass all portions of the skills test shall retest only 16
on those portions of the skills test the applicant failed. 17
(c) An applicant who fails any portion of the skills test four (4) times shall be 18
notified by the State Police that the applicant is required to wait one (1) week 19
before retaking a portion of this skills test again. 20
(d) Failure of an applicant to notify the State Police at least forty-eight (48) hours 21
prior to missing an appointment for a skills test, or provide a written medical 22
excuse from a licensed physician, advanced registered nurse practitioner, or 23
physician's assistant, shall be considered a failure, on all parts of the skills test 24
scheduled to be given, for the purposes of determining number of failures, 25
waiting periods, and retesting fees under paragraphs (c) and (e) of this 26
subsection for individual applicants. The fees for a missed appointment failure 27 UNOFFICIAL COPY 23 RS BR 1485
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shall be forfeited and retained in the State Police CDL skills-testing fund 1
established under this section. If the forty-eight (48) hour notice or medical 2
excuse is given, the fee shall be applied to the rescheduled test. A missed 3
appointment failure under this paragraph shall not be reported as a failure to 4
the board. 5
(e) Except as provided for in paragraph (d) of this subsection, at the time of 6
application for a retest under this subsection, the applicant shall pay a 7
retesting fee of fifty dollars ($50). 8
(7) (a) An applicant who seeks reinstatement of a commercial driver's license after a 9
suspension, withdrawal, revocation, or disqualification of less than one (1) 10
year shall pay the reinstatement fee as prescribed by KRS 281A.150(7) and 11
shall receive his or her commercial driver's license with all endorsement and 12
restrictions that were in effect at the time of suspension. An applicant who 13
seeks reinstatement of a commercial driver's license after a suspension, 14
withdrawal, revocation, or disqualification of one (1) year or more shall 15
submit to the skills, knowledge, and vision tests. 16
(b) Subject to paragraphs (c) and (d) of this subsection, a person who possessed a 17
Kentucky commercial driver's license that has expired for a period of less than 18
five (5) years and was not subject to suspension, withdrawal, revocation, or 19
disqualification for any reason at the time of expiration may have that license 20
reinstated, with all endorsements, without submitting to the skills and 21
knowledge tests by applying to the cabinet for renewal. Upon submission of 22
medical certification, driver self-certifications required under KRS 23
281A.140(1)(f), successful completion of any necessary criminal background 24
check, and review of the person's driving history record, the cabinet shall 25
issue a renewal CDL, with all endorsements, to an applicant under this 26
paragraph. 27 UNOFFICIAL COPY 23 RS BR 1485
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(c) A person who otherwise meets the requirements of paragraph (b) of this 1
subsection whose CDL was subject to suspension or revocation solely for 2
failure to provide medical certification may apply for renewal of a CDL under 3
paragraph (b) of this subsection. 4
(d) If the CDL held by a person who otherwise meets the requirements of 5
paragraph (b) of this subsection carried a hazardous materials endorsement, 6
and the applicant wishes to retain that endorsement, he or she shall complete 7
any examinations required for a hazardous materials endorsement renewal in 8
KRS 281A.180(2) prior to renewing the CDL under paragraph (b) of this 9
subsection. 10
(8) An applicant who is not a resident of the Commonwealth, possesses both a valid 11
operator's license and a commercial driver's instruction permit, and has complied 12
with all necessary federal requirements may take a commercial driver's license 13
skills test under this section. 14
(9) (a) The commissioner of the Department of Kentucky State Police shall 15
promulgate administrative regulations pursuant to the provisions of KRS 16
Chapter 13A to implement the provisions of this section. 17
(b) The State Police shall promulgate administrative regulations under KRS 18
Chapter 13A to set forth the qualifications for contract examiners retained 19
under subsection (2)(c)[(b)] of this section. 20