Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 11 - Commercial Driver's License › Section 601 KAR 11:080 - Limited commercial driver's license for farm-related service industries

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.531, Chapter 281A, 49 C.F.R. Part
				383
NECESSITY, FUNCTION, AND CONFORMITY: The Federal Highway
				Administration on April 17, 1992 published in the "Federal Register" a notice
				that it was allowing limited waivers from some of the provisions of 49 CFR Part
				383 relating to the commercial driver's license (CDL) for certain employees of
				custom harvesters, farm retail outlets and suppliers, agrichemical businesses
				and livestock feeders. Each state is allowed to waive, at its option, these
				employees from the commercial driver's license knowledge and skills testing
				requirements and issue these employees limited CDL's for a seasonal period. The
				Transportation Cabinet has made a commitment to the motor carrier industry to
				be no more stringent than required by FHWA in the implementation in Kentucky of
				the commercial driver's license program. Since FHWA has determined that the
				granting of this limited authority waiver would not be contrary to the public
				interest and would not diminish the safe operation of commercial motor
				vehicles, the Kentucky Transportation Cabinet, through this administrative
				regulation, adopts this waiver program.
Section
			 1. Definitions. "Farm-related service industry" means a custom
			 harvester, a farm retail outlet or supplier, an agrichemical business or a
			 livestock feeder.
Section 2.
			 Eligibility Requirements.
(1) A commercial
			 driver employed by a farm-related service industry may apply for a farm-related
			 service industry limited commercial driver's license.
(2) To be eligible for the limited
			 farm-related service industry commercial driver's license, the applicant shall:
(a) Possess a valid Kentucky motor vehicle
			 operator's license issued pursuant to KRS Chapter 186;
(b) Have been a Kentucky licensed motor
			 vehicle operator for at least one (1) year;
(c) Be at least eighteen (18) years of
			 age;
(d) Have a current medical
			 certificate as provided by
			 601 KAR
			 1:005;
(e)
			 Pass the vision test for commercial drivers administered by the Kentucky State
			 Police;
(f) Not have had his
			 driving privilege suspended, canceled, revoked or otherwise withdrawn for any
			 reason during the preceding two (2) years;
(g) Not have had during the preceding two (2)
			 years a conviction in any type of motor vehicle of any of the following:
1. Driving under the influence of alcohol or
			 other substance which may impair one's driving ability;
2. Leaving the scene of an
			 accident;
3. Committing any felony
			 involving a motor vehicle;
4.
			 Speeding fifteen (15) miles per hour or more above the speed limit;
5. Reckless driving;
6. Improper or erratic lane
			 changes;
7. Following too closely;
			 or
8. Accident-related traffic law
			 violation;
(h) Not have
			 had an at-fault accident within the immediately preceding two (2) years;
			 and
(i) Not be the holder of any
			 type commercial driver's license.
(3) In place of the medical certificate and
			 vision test, the applicant may have been issued a medical waiver pursuant to
			 601
			 KAR 11:040.
(4) The applicant shall not be required to
			 submit to the knowledge or skills test required of other CDL
			 applicants.