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281A.160
Testing of knowledge and skills -- Fees -- State Police CDL
skills-testing fund -- Contract examiners -- Administrative regulations.
(Effective January 1, 2019)
(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 ($50);
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 ($150).
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)
(8)
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 ($50) 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(7) 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.
(a) The commissioner of the Department of Kentucky State Police shall
(b)
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:January 1, 2019
History: Amended 2017 Ky. Acts ch. 100, sec. 38, effective January 1, 2019. -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.
2016-2018 Budget Reference. See State/Executive Branch Budget, 2016 Ky. Acts
ch. 149, Pt. I, H, 4, (3) at 1080.
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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