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281A.165 Waiver of driving skills test for military personnel.
(1)
(2)
(3)
(4)
(5)
The cabinet may waive the driving skills test for an applicant on active military
service, or within ninety (90) days of separation of service, who:
(a) Is currently licensed;
(b) Has experience driving a vehicle in the military that would require a
commercial driver's license to operate as a civilian;
(c) Has a good driving record; and
(d) Certifies and provides verification that, during the two (2) year period
immediately prior to applying for a commercial driver's license, the applicant:
1.
Drove a motor vehicle in the military that was representative of the
commercial driver's license class and endorsement for which he or she is
applying;
2.
Has not had his or her operator's license or commercial driver's license
suspended, revoked, or canceled, or been disqualified from operating a
commercial motor vehicle;
3.
Has not been convicted of any of the disqualifying offenses in 49 C.F.R.
sec. 383.51(b) while operating a commercial motor vehicle, or of any
offense in a noncommercial vehicle that would be disqualifying under
49 C.F.R. sec. 383.51(b) if committed in a commercial motor vehicle;
4.
Has not been convicted of more than one (1) serious traffic violation, as
defined in 49 C.F.R. sec. 383.5, while operating any type of motor
vehicle;
5.
Has not been convicted of any violation of state or local law relating to
motor vehicle traffic control, other than a parking violation, arising in
connection with a traffic accident;
6.
Has not been convicted of any motor vehicle traffic violation that
resulted in an accident; and
7.
Is or was regularly employed in a position in the Armed Forces of the
United States requiring operation of a commercial motor vehicle of the
group the applicant seeks to drive, and provides evidence of that
employment in accordance with subsection (5) of this section.
The skills test waiver process described in subsection (1) of this section shall be
completed, and the commercial driver's license issued, within ninety (90) days of
separation of service.
Military personnel who obtain the skills test waiver under this section shall be
required to take the knowledge test pursuant to KRS 281A.130.
Military personnel who obtain the skills test waiver under this section shall be
required to pay the application fee as prescribed by KRS 281A.150, but shall not be
charged the skills-testing fee as prescribed by KRS 281A.160.
The cabinet shall promulgate administrative regulations under KRS Chapter 13A
that establish an application form for waiver of the skills test by military personnel.
As part of the application process, the applicant shall be required to provide:
(a)
(b)
A copy of the applicant's DD-214 form showing the applicant's military
occupational specialty; or
A signed statement by the applicant's commanding officer or transportation
officer, on a form provided by the cabinet, attesting to the fact that the
applicant meets the requirements of this section.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 20, sec. 1, effective June 8, 2011.
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