KRS § 281A.160 — KY Code / Title XXIV / Chapter 281A / Section 281A.160
281A.160 Testing of knowledge and skills -- Fees -- State Police CDL skills-testing fund -- Contract examiners -- Reinstatement -- Nonresidential CDL applicant permitted to take skills test -- Administrative regulations
Status: in_force

281A.160 Testing of knowledge and skills -- Fees -- State Police CDL skills-testing

fund -- Contract examiners -- Reinstatement -- Nonresidential CDL applicant

permitted to take skills test -- Administrative regulations.

(1) (a) 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.

(b) Prior to taking the knowledge test, a first-time applicant for a hazardous

materials endorsement shall complete the entry level driver training required

under 49 C.F.R. pt. 380.

(c) 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.

(2) (a) 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 or an applicant who holds an out-of-state operator's

license and commercial learner's permit shall pay a skills-testing fee of

one hundred fifty dollars ($150).

(b) 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 paragraph (a) of this subsection and subsection (6)(e) 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.

(c) The State Police, upon request of an applicant who has passed both the vision

and knowledge tests, and has successfully completed all of the entry level

driver training required under 49 C.F.R. pt. 380 for the license class and

endorsements the applicant seeks, 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 fourteen (14) 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.

(d) 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 and a valid CDL permit. 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) A testing fee shall not be charged to:

(a) An individual applying for a CDL with an "S" endorsement as defined in KRS

281A.170; or

(b) Military personnel applying for a CDL under KRS 281A.165.

(4) 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 49 C.F.R. sec. 383.75, as adopted by the

Transportation Cabinet.

(5) The State Police shall promulgate administrative regulations in accordance with

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.

(6) (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

before retaking a portion of this skills test again.

(d) Failure of an applicant to notify the State Police at least forty-eight (48) hours

prior to missing an appointment for a skills test, or provide a written medical

excuse from a licensed physician, advanced registered nurse practitioner, or

physician's assistant, 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 paragraphs (c) and (e) of this

subsection for individual applicants. The fees for a missed appointment failure

shall be forfeited and retained in the State Police CDL skills-testing fund

established under this section. If the forty-eight (48) hour notice or medical

excuse is given, the fee shall be applied to the rescheduled test. A missed

appointment failure under this paragraph shall not be reported as a failure to

the board.

(e) Except as provided for in paragraph (d) of this subsection, at the time of

application for a retest under this subsection, the applicant shall pay a

retesting fee of fifty dollars ($50).

(7) (a) 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.

(b) Subject to paragraphs (c) and (d) of this subsection, a person who possessed a

Kentucky commercial driver's license that has expired for a period of less than

five (5) years and was not subject to suspension, withdrawal, revocation, or

disqualification for any reason at the time of expiration may have that license

reinstated, with all endorsements, without submitting to the skills and

knowledge tests by applying to the cabinet for renewal. Upon submission of

medical certification, driver self-certifications required under KRS

281A.140(1)(f), successful completion of any necessary criminal background

check, and review of the person's driving history record, the cabinet shall

issue a renewal CDL, with all endorsements, to an applicant under this

paragraph.

(c) A person who otherwise meets the requirements of paragraph (b) of this

subsection whose CDL was subject to suspension or revocation solely for

failure to provide medical certification may apply for renewal of a CDL under

paragraph (b) of this subsection.

(d) If the CDL held by a person who otherwise meets the requirements of

paragraph (b) of this subsection carried a hazardous materials endorsement,

and the applicant wishes to retain that endorsement, he or she shall complete

any examinations required for a hazardous materials endorsement renewal in

KRS 281A.180(2) prior to renewing the CDL under paragraph (b) of this

subsection.

(8) (a) The commissioner of the Department of Kentucky State Police shall

promulgate administrative regulations in accordance with KRS Chapter 13A

to implement the provisions of this section.

(b) The State Police shall promulgate administrative regulations in accordance

with KRS Chapter 13A to set forth the qualifications for contract examiners

retained under subsection (2)(b) of this section.