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281.730 Working hours of drivers and chauffeurs -- Exceptions -- Federal
regulation.
(1)
(2)
(3)
(4)
(5)
A motor carrier shall not require or permit any driver or chauffeur operating a
motor vehicle for hire under a certificate or permit to remain continuously on
duty for a longer period than twelve (12) hours, and when any driver or
chauffeur has been continuously on duty for twelve (12) hours he shall have at
least eight (8) consecutive hours off duty. A motor carrier shall not require or
permit any driver or chauffeur to remain on duty for a longer period than
sixteen (16) hours in the aggregate in any twenty-four (24) hour period, and
when a driver or chauffeur has been on duty sixteen (16) hours in the
aggregate in any twenty-four (24) hour period he shall have at least ten (10)
consecutive hours off duty. The period of release from duty required by this
section shall be given at places and under circumstances that allow rest and
relaxation from the strain of the duties of the employment to be obtained. A
period off duty shall not be deemed to break the continuity of service unless it
is for at least three (3) consecutive hours and is given at a place and under
circumstances that allow rest and relaxation from the strain of the duties of the
employment to be obtained. In case of an unforeseen emergency not resulting
from the negligence of the carrier or his agents, servants, or employees, the
driver or chauffeur may complete his run or tour of duty, if the run or tour of
duty but for the delay caused by the emergency could reasonably have been
completed without a violation of this section. The department may require
reports as it deems necessary for the enforcement of this section.
The provisions of this section shall not apply to matters relating to the wages,
hours, working conditions, and conditions of employment of the employees of
motor carriers when the employees are employed and working under and
pursuant to a collective bargaining agreement entered into between their
employer and the employees' collective bargaining agent or representative, for
and on behalf of the employees; provided that the collective bargaining agent
or representative is a bona fide labor organization.
Notwithstanding the above provisions, the secretary of the Transportation
Cabinet may adopt by reference or set forth in its entirety the provisions of 49
C.F.R. sec. 395 in effect as of July 15, 1986, or as amended with respect to
any motor vehicle registered in Kentucky.
The provisions of subsections (1) to (3) of this section pertaining to the
maximum driving and on-duty time shall not apply to transporters of agricultural
commodities or farm supplies for agricultural purposes if the transportation is
limited to an area within a one hundred (100) air mile radius from the source of
the commodities or distribution point for the farm supplies and is during
Kentucky's planting and harvesting seasons. For the purposes of this
subsection, Kentucky's planting and harvesting seasons shall mean January 1
to December 31 of each year.
The provisions of subsection (4) of this section shall be void if the Secretary of
the United States Department of Transportation determines through a
rulemaking proceeding that Section 345(a.)(1.) of the National Highway System
Designation Act of 1995 presents a hazard to the traveling public.
Effective:March 16, 2011
History: Amended 2011 Ky. Acts ch. 88, sec. 3, effective March 16, 2011. -Amended 1996 Ky. Acts ch. 256, sec. 1, effective April 4, 1996. -- Amended
1986 Ky. Acts ch. 226, sec. 2, effective July 15, 1986. -- Created 1950 Ky. Acts
ch. 63, sec. 33, effective June 15, 1950.
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