281A.160 Testing of knowledge and skills -- Fees -- State Police CDL skills-testing
fund -- Contract examiners -- Administrative regulations.
(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
Except as provided in subsection (4) of this section, the State Police shall be
responsible for administering both the knowledge and skills test required by
KRS 281A.130.
Applicants who fail the written knowledge test shall be permitted to retake the
written test on the next day the tests are administered. Applicants who fail the
written test six (6) times shall be required to wait three (3) days before taking
the knowledge test again. Applicants who subsequently fail the written test
three (3) additional times shall be required to wait three (3) days prior to
retaking the test.
Except as provided for in subsection (3) of this section, at the time a CDL
permit is issued:
1.
An applicant who has held a Kentucky operator's license for thirty (30)
days or longer shall pay a skills-testing fee of fifty dollars (); and
2.
An applicant who has held a Kentucky operator's license for less than
thirty (30) days shall pay a skills-testing fee of one hundred fifty dollars
(0).
There is created within the State Treasury a trust fund to be known as the State
Police CDL skills-testing fund. The fund shall be administered by the State
Police and shall receive all skills-testing and retesting fees collected under
subsections (2)(a) and (6)(c) of this section, in addition to any grants, gifts, or
appropriations of state or federal moneys and any interest earned on moneys in
the fund. Moneys in the fund shall not lapse and shall be carried forward to
the next succeeding fiscal year. The State Police CDL skills-testing fund shall
be used by the State Police to contract with and train civilian CDL skills
examiners and to improve the logistics of the CDL skills-testing process.
The State Police, upon request of an applicant who has passed both the vision
and knowledge tests, may schedule the applicant for the skills test at the first
available test date at a test site designated by the State Police but not less than
ten (10) days after the applicant has filed the application and been issued a
CDL permit. Except in extenuating circumstances, a retest for a failed portion
of the skills test shall be given within three (3) days of a request of a retest.
An applicant shall provide a class representative commercial vehicle, for the
class of CDL for which the applicant is testing, in which to take the skills test.
Unless the State Police grant an exemption at the time the application for
testing is made, the vehicle supplied under this paragraph shall be unloaded.
Upon arrival for the skills test, the applicant shall have in his or her possession
a valid Kentucky operator's license, a valid CDL permit, and a current U.S.
Department of Transportation physical card. A CDL-licensed driver who is at
least twenty-one (21) years old shall accompany the applicant at all times the
applicant is in operation of a commercial vehicle.
(3)
(4)
(5)
(6)
(7)
A testing fee shall not be charged to an individual applying for a CDL with an "S"
endorsement as defined in KRS 281A.170.
The State Police may authorize a third party to administer the skills test specified by
this section if:
(a) The test is the same that would otherwise be administered by the state; and
(b) The third party has entered into an agreement with this Commonwealth which
complies with requirements of Title 49, Code of Federal Regulations, Part
383.75, as adopted by the Transportation Cabinet.
The State Police shall promulgate administrative regulations under KRS Chapter
13A that establish procedures that ensure an arm's-length relationship is maintained
between a third-party tester and any owner, officer, or employee of any program
offering commercial truck driving under the Kentucky Community and Technical
College System or a proprietary school licensed under KRS Chapter 165A.
(a) Applicants shall be permitted to take the skills test for a particular class
vehicle an unlimited number of times; however, an applicant shall not retest
more than one (1) time in any twenty-four (24) hour period.
(b) The skills test shall consist of three (3) separate portions: pre-trip inspection,
basic maneuvering, and road skills. An applicant must achieve a score of at
least eighty percent (80%) on each portion of the skills test before a CDL may
be issued to the applicant. An applicant who passes one (1) or more portions
of the skills test but does not pass all portions of the skills test shall retest only
on those portions of the skills test the applicant failed.
(c) An applicant who fails any portion of the skills test four (4) times shall be
notified by the State Police that the applicant is required to wait one (1) week
and pay a retest fee of fifty dollars () before retaking a portion of this skills
test again.
(d) Failure of an applicant to notify the State Police prior to missing an
appointment for a skills test shall be considered a failure, on all parts of the
skills test scheduled to be given, for the purposes of determining number of
failures, waiting periods, and retesting fees under paragraph (c) of this
subsection for individual applicants. A missed appointment failure under this
paragraph shall not be reported as a failure to the board.
(e) The provisions of KRS 281A.150 notwithstanding, an application fee shall not
be charged for each test that is retaken as a result of a failing score.
An applicant who seeks reinstatement of a commercial driver's license after a
suspension, withdrawal, revocation, or disqualification of less than one (1) year
shall pay the reinstatement fee as prescribed by KRS 281A.150(6) and shall receive
his or her commercial driver's license with all endorsement and restrictions that
were in effect at the time of suspension. An applicant who seeks reinstatement of a
commercial driver's license after a suspension, withdrawal, revocation, or
disqualification of one (1) year or more shall submit to the skills, knowledge, and
vision tests.
(8)
(a)
(b)
The commissioner of the Department of Kentucky State Police shall
promulgate administrative regulations pursuant to the provisions of KRS
Chapter 13A to implement the provisions of this section.
Within ninety (90) days of April 22, 2006, the State Police shall promulgate
administrative regulations under KRS Chapter 13A to set forth the
qualifications for contract examiners retained under subsection (2)(b) of this
section.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 28, sec. 5, effective June 26, 2007; and ch. 85,
sec. 288, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 233, sec. 1,
effective April 22, 2006. -- Amended 2002 Ky. Acts ch. 204, sec. 8, effective April
5, 2002. -- Amended 1994 Ky. Acts ch. 135, sec. 1, effective July 15, 1994. –
Amended 1992 Ky. Acts ch. 11, sec. 1, effective February 20, 1992; and ch. 274,
sec. 10, effective April 7, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 16, effective
January 1, 1991.
Legislative Research Commission Note (6/26/2007). This section was amended by
2007 Ky. Acts chs. 28 and 85, which do not appear to be in conflict and have been
codified together.
Legislative Research Commission Note (4/22/2006). 2006 Ky. Acts ch. 233, sec. 1,
made reference to "Department of Transportation" as shown in subsection (2)(d) of
this statute. After consulting the drafter of that Act, to avoid confusion with the State
Transportation Cabinet, in codification the Reviser of Statutes has changed the
reference to read "U.S. Department of Transportation."
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