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Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 11 - Commercial Driver's License › Section 601 KAR 11:030 - Restrictions and endorsements on commercial driver's licenses

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				281A.010 - 281A.320
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 281A.040
				authorizes the Transportation Cabinet to promulgate administrative regulations
				necessary to carry out the provisions of KRS Chapter 281A.
				KRS
				281A.170 requires the cabinet to promulgate
				an administrative regulation that outlines the restrictions on the operation of
				commercial vehicles and the associated codes that identify the restrictions.
				This administrative regulation establishes the restrictions required for
				operating a commercial vehicle and establishes the associated codes that
				identify the restrictions.
Section 1.
			 Numeric Restrictions. The numeric restrictions on the face of a commercial
			 driver's license establish the physical restrictions required for a commercial
			 driver. The numeric restrictions shall be as established in Table 1 of this
			 section.
Table 1
1
Requires Corrective Lenses to be Worn While Operating
							 a Commercial Vehicle
2
Restricts Driver to a Vehicle Equipped with Power
							 Brakes
3
Restricts Driver to a Vehicle Equipped with an
							 Automatic Transmission
4
Restricts Driver to Daylight Driving Only
5
Restricts Driver to a Vehicle Equipped with Power
							 Steering
6
Restricts Driver to a Vehicle Equipped with a Hand
							 Accelerator
7
Restricts Driver to a Vehicle Equipped with a Hand
							 Brake
8
Establishes Specialized Restrictions
Section
			 2. Alpha Restrictions.
(1) The
			 alpha restrictions on the face of a commercial driver's license and commercial
			 driver's permit shall establish the restrictions pertaining to the type of
			 commercial vehicle the driver shall be allowed to operate.
(2) The alpha restrictions for a commercial
			 driver's license shall be as established in Table 2 of this subsection.
Table 2
L
Non Air Brake Equipped Commercial Motor
							 Vehicle
Z
Non Full Air Brake Equipped Commercial Motor
							 Vehicle
E
Non Manual Transmission Equipped Commercial Motor
							 Vehicle
O
Non Tractor Trailer Commercial Motor Vehicle
M
Non Class A Passenger Vehicle
N
Non Class A and B Passenger Vehicle
K
Intrastate Only
V
Medical Variance
(3) The
			 alpha restrictions for a commercial driver's permit shall be as established in
			 Table 3 of this subsection.
Table 3
P
Non Passenger in a Commercial Motor Vehicle
							 Bus
X
Non Cargo in a Commercial Motor Vehicle Tank
							 Vehicle
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 11 - Commercial Driver's License › Section 601 KAR 11:035 - Waiver of skills test for military personnel

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 281A, 49 C.F.R. 383
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				281A.165 requires the Transportation Cabinet
				to promulgate an administrative regulation to establish an application form for
				military personnel applying for a commercial driver's license and requesting
				the waiver of a skills test. This administrative regulation establishes an
				application form and the procedures for submitting the form to the
				cabinet.
Section 1. Waiver Form.
(1) An applicant for a commercial driver's
			 license who meets the criteria established in
			 KRS
			 281A.165 may apply for a skills test
			 exemption. If the applicant applies, the applicant shall complete a Military
			 Certification for Skills Test Exemption, TC Form 94-167.
(2) A completed application form shall be
			 submitted to the Transportation Cabinet, Department of Vehicle Regulation, 200
			 Mero Street, Frankfort, Kentucky 40622.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 11 - Commercial Driver's License › Section 601 KAR 11:040 - Medical waivers for intrastate operators of commercial motor vehicles

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				281.600, Chapter 281A, 49 C.F.R. 383,
				391
NECESSITY, FUNCTION, AND CONFORMITY: The federal requirements
				for the issuance of a commercial driver's license to a driver operating in
				interstate commerce include a certification that the driver meets the
				qualification requirements contained in 49 C.F.R. 391. The Federal Highway
				Administration does not require a person who operates entirely in intrastate
				commerce to be subject to 49 C.F.R. 391. He is subject however, to Kentucky
				driver qualification requirements. In
				601 KAR
				1:005 the Transportation Cabinet adopted the majority
				of the driver qualification requirements of 49 C.F.R. Part 391 on both an
				interstate and intrastate commerce basis. However, medical waivers in addition
				to those allowed in
				49
				C.F.R. 391.49 are allowed by the Federal
				Highway Administration for drivers operating exclusively in intrastate
				commerce. This administrative regulation sets forth the procedure and standards
				for obtaining an intrastate medical waiver.
Section
			 1. Application for Intrastate Medical Waiver.
(1) A commercial driver may apply to the
			 Transportation Cabinet for a medical waiver if he:
(a) Operates exclusively in intrastate
			 commerce; and
(b) Has failed to
			 meet the physical requirements of 49 C.F.R. 391, Subpart E, which govern
			 601 KAR
			 1:005.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 11 - Commercial Driver's License › Section 601 KAR 11:050 - Adoption of 49 CFR Part 383

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 281A, 49 CFR Part 383
NECESSITY, FUNCTION, AND CONFORMITY: At many places in KRS
				Chapter 281, 49 CFR Part 383 is referred to as adopted by the Transportation
				Cabinet. However, many of the provisions of 49 CFR Part 383 are spelled out in
				KRS Chapter 281A. To avoid any possibility of conflict, the Transportation
				Cabinet in this administrative regulation is specifically setting forth those
				sections of 49 CFR Part 383 which in addition to KRS Chapter 281A, shall govern
				commercial driver's licenses in Kentucky.
Section
			 1. Notification of Convictions for Driver Violations.
			 49 CFR
			 383.31, effective July 21, 1988 shall govern
			 a commercial driver's notice of conviction to the Kentucky Transportation
			 Cabinet and his employer.
Section
			 2. Disqualification.
(1) 49 CFR
			 Part 383.51(b)(3)(v) effective October 4, 1988 shall govern second convictions
			 of any of the offenses listed in
			 KRS
			 281A.190(1).
(2) The disqualification period shall be for
			 ten (10) years.
(3) Prior to being
			 eligible to have his driving privilege restored after serving the ten (10) year
			 disqualification the person shall submit proof to the Transportation Cabinet's
			 Division of Driver Licensing of having attended and successfully completed an
			 alcohol or substance abuse treatment program which was approved by the Cabinet
			 for Human Resources.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 12 - Driver's License › Section 601 KAR 12:020 - Expired, transferred, or suspended driver's license; retesting requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.401,
				186.412,
				186.440(8),
				186.480
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation requires a driver whose Kentucky driver's license has been expired
				or whose driving privilege has been withdrawn for a period in excess of one (1)
				year to demonstrate pursuant to
				KRS
				186.480 that he is able to safely operate a
				motor vehicle. It establishes that the testing provisions of
				KRS
				186.480 may be waived for a Kentucky resident
				who holds a valid driver's license issued by another jurisdiction and who is
				applying to transfer his driver's license to Kentucky. It further requires
				proof that a driving privilege withdrawal period has ended prior to
				licensing.
Section 1.
(1) Any person whose driving privilege has
			 been expired for a period in excess of one (1) year shall be required to comply
			 with
			 KRS
			 186.480(1) as a part of the
			 process for applying for restoration of his driving privilege.
(2) A person whose Kentucky driver's license
			 has been expired for a period of one (1) year shall make application for
			 renewal pursuant to
			 KRS
			 186.412.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 12 - Driver's License › Section 601 KAR 12:050 - Driver licensing fee schedule; and licensees under age twenty-one (21)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 186.400-186.640,
				281.726
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186.531 requires that the license issued to a
				driver under the age of twenty-one (21) have an "under twenty-one (21)"
				designation and that the fee be prorated. This administrative regulation sets
				forth the license fee schedule for such licenses. This administrative
				regulation also includes the fee schedule for the issuance of any other license
				for a driver over the age of twenty-one (21) or nondriver identification card
				which license or identification card is valid for less than four (4) years.
				Administrative regulation includes the fee schedule for the issuance of any
				other license or nondriver identification card which is valid for less than
				four (4) years.
Section 1. Definitions.
(1) "Driver's license" as used in
			 KRS
			 186.531 for the purposes of this
			 administrative regulation shall mean any operator's, motorcycle, moped,
			 chauffeur's or combination operator's-motorcycle license issued by a circuit
			 court clerk which entitles the possessor to operate a motor vehicle or moped on
			 the public highways of Kentucky.
(2) "Add-on" shall mean the expansion of a
			 driving privilege to include the operation of another type of motor
			 vehicle.
(3) "Under twenty-one
			 (21)" license shall mean a driver's license as defined in subsection (1) of
			 this section or nondriver identification card issued to an individual who is
			 under the age of twenty-one (21). An "under twenty-one (21)" license or
			 nondriver identification card shall be specially designated by color coding and
			 by the use of the phrase "under twenty-one (21)."
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 12 - Driver's License › Section 601 KAR 12:060 - Hardship driver's license

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189A.010,
				189A.070,
				189A.107,
				189A.400-189A.460, 434.650-670,
				434.690,
				506.120,
				514.030-060, 514.070-090,
				514.110,
				514.120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189A.400 through
				189A.460
				authorizes the issuance of a hardship driver's license to a person whose
				driving privilege has been withdrawn for a conviction of
				KRS
				189A.010.
				KRS
				532.356 authorizes the issuance of a hardship
				driver's license to a person whose driving privilege has been withdrawn until
				restitution is paid due to a conviction under the following statutes: KRS
				434.650-670,
				434.690,
				506.120,
				514.030-060, 514.070-090,
				514.110,
				and
				514.120.
				The court withdrawing the person's driving privilege has exclusive jurisdiction
				to decide whether the person shall be issued a hardship driver's license, and
				the hardship driver's license shall be issued by the Transportation Cabinet.
				The circuit court clerks, acting on behalf of the Kentucky Transportation
				Cabinet, shall issue the hardship driver's license.
				KRS
				189A.460 requires the Transportation Cabinet
				to promulgate administrative regulations relating to the implementation of the
				hardship driver's license provisions of KRS Chapter 189A. This administrative
				regulation sets forth procedures to be followed in applying to the circuit
				court clerk for a hardship driver's license and for the circuit clerk to issue
				the license. It further sets forth the fee for the hardship driver's license,
				provides for cancellation of a hardship driver's license, and allows for a
				replacement or a renewed hardship driver's license to be issued.
Section 1. Issuance of Hardship Driver's
			 License.
(1) A person who has been given a
			 court order authorizing the issuance of a hardship driver's license shall apply
			 for the license at the driver licensing issuance office of the circuit court
			 clerk in his or her county of residence.
(2) The license shall be a photo license
			 clearly designated "hardship" on the front of the license.
(3) A person arrested for an alcohol or
			 substance offense shall not be issued a hardship driver's license sooner than
			 the expiration of the minimum license suspension period imposed by the court as
			 established in
			 KRS
			 189A.010(6),
			 189A.070,
			 189A.107,
			 or
			 189A.410.
(4)
(a) A
			 hardship order may be issued immediately after a license suspension for failure
			 to pay restitution as established in
			 KRS
			 532.356.
(b) The hardship license shall be valid for
			 one (1) year and may be renewed yearly from the date of issuance until
			 restitution is completed.
(5) If the court requires an ignition
			 interlock device as a condition of the hardship license,
			 601 KAR
			 2:030 shall be applicable.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 12 - Driver's License › Section 601 KAR 12:070 - Driving privilege withdrawal for child support nonpayment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.570
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186.570(2) requires the
				Transportation Cabinet to deny a license to or suspend the license of an
				operator of a motor vehicle upon receiving written notification from the
				Cabinet for Human Resources that the person has a child support arrearage which
				equals or exceeds the cumulative amount which would be owed after one (1) year
				on nonpayment. Pursuant to
				KRS
				186.570(3), the
				Transportation Cabinet is required to offer an opportunity for an
				administrative hearing prior to withdrawing driving privilege. The Human
				Resources Cabinet offers an administrative hearing on child support arrearage
				pursuant to 904 KAR 2:410. Further, the appeal procedure set forth in Section 4
				of 904 KAR 2:400 meets the requirements of
				KRS
				186.570(3). Therefore,
				rather than require a person to go through two (2) administrative hearings
				covering exactly the same information, the hearing held by the Human Resources
				Cabinet pursuant to 904 KAR 2:410 is designated by this administrative
				regulation to also be the hearing required pursuant to
				KRS
				186.570(3). Further, the
				administrative regulation sets forth the events which must have occurred prior
				to the restoration of driving privilege which was withdrawn pursuant to
				KRS
				186.570(2).
Section 1. Hearing Procedure. In accordance
			 with
			 KRS
			 186.570(3) the
			 Transportation Cabinet designates the Human Resources Cabinet as the
			 appropriate agency to hold the administrative hearing on child support
			 nonpayment and the associated withdrawal of driving privilege.
Section 2. In order to have driving privilege
			 restored which has been withdrawn pursuant to
			 KRS
			 186.570(2) the following
			 events shall have occurred:
(1) The Cabinet
			 for Human Resources shall have submitted written authorization to the
			 Transportation Cabinet for the restoration of driving privilege; and
(2) The person shall have complied with the
			 reinstatement procedure set forth in KRS Chapter 186.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 13 - Driver Improvement › Section 601 KAR 13:025 - Point system

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 177.300, 177.330, 186.450(4), (5),
				(6), 186.480, 186.570, 186.572, 186.620(1), 189.224, 189.285, 189.300, 189.340,
				189.350, 189.380, 189.390, 189.420, 189.440, 189.470, 189.990(5)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186.400(1) authorizes the
				Transportation Cabinet to promulgate administrative regulations for the
				enforcement of motor vehicle laws and driver licensing.
				KRS
				189.292 and
				189.294
				authorize the cabinet to promulgate administrative regulations related to the
				use of a personal communication device while operating a moving motor vehicle.
				KRS
				186.570(1)(d) authorizes the
				cabinet to deny or suspend an operator's license if a person is a habitually
				reckless or negligent driver or has committed a serious violation of the motor
				vehicle laws. This administrative regulation establishes an equitable driver
				license point system for a driver who violates a traffic law. This
				administrative regulation also establishes those offenses for which a license
				shall be suspended rather than points accumulated.
Section 1. Definitions.
(1) "Conviction" means an adjudication of
			 guilt, forfeiture of bail, a plea of guilty, a plea of nolo contendere, an
			 Alford plea, or the payment of a fine or court cost, with or without a court
			 appearance.
(2) "Probation" means a
			 pending driving privilege suspension period that is held in abeyance.
(3) "Suspension" means a temporary denial,
			 interruption, withdrawal, or revocation of a driver's license.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 13 - Driver Improvement › Section 601 KAR 13:031 - Approved alcohol or substance abuse education or treatment program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.560,
				186A.040
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186.560(5) allows a person
				convicted the first time of driving a vehicle which is not a motor vehicle
				under the influence or any substance which may impair driving ability or
				fraudulently using a drivers license for identification to have his driving
				privilege revocation period eliminated by successfully completing a
				Transportation Cabinet approved alcohol or substance education or treatment
				program. This administrative regulation identifies the approved
				programs.
Section 1. For the purpose of
			 KRS
			 186.560(5) the
			 Transportation Cabinet approves all education and treatment programs licensed
			 by the Human Resources Cabinet pursuant to
			 KRS
			 189A.040.
STATUTORY AUTHORITY:
				  KRS
				  186.400,
				  186.560(5)
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 13 - Driver Improvement › Section 601 KAR 13:040 - Motor vehicle accident prevention course

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				304.13-063
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				304.13-063(1) requires that
				standards for a "motor vehicle accident prevention course" be set by the
				Transportation Cabinet, and furthermore, requires that such course include a
				minimum number of hours of either classroom and/or field driving instruction.
				This administrative regulation is necessary to set standards for the motor
				vehicle accident prevention course.
Section
			 1. Definition. "Course" or "motor vehicle accident prevention
			 course" means a course, approved by the Transportation Cabinet pursuant to
			 KRS
			 304.13-063, that shall be open to any
			 licensed driver of this state who is fifty-five (55) years of age or older for
			 the purpose of qualifying for an insurance premium reduction.
Section 2. No person shall offer, conduct or
			 engage in the business of offering or conducting a motor vehicle accident
			 prevention course pursuant to
			 KRS
			 304.13-063 without obtaining the prior
			 approval of the Transportation Cabinet pursuant to the provisions of this
			 administrative regulation. A person shall file an application for approval of a
			 course with the Transportation Cabinet; and the application shall be on the
			 form furnished by the Transportation Cabinet and shall contain the information
			 required by the Transportation Cabinet. Said application forms can be obtained
			 from the Transportation Cabinet, Division of Driver Licensing, State Office
			 Building, 2nd Floor, Frankfort, Kentucky 40622.
Section 3. The completed application shall be
			 accompanied by the following:
(1) A copy of
			 the proposed motor vehicle prevention course materials, curriculum, and
			 promotional documents;
(2) The
			 name, address, and Social Security number of each instructor who shall conduct
			 the course; and
(3) A copy of the
			 manual and course materials for the instructor's preparation course.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 13 - Driver Improvement › Section 601 KAR 13:070 - Requirements for minor driver licensing applicant and compliance with KRS 159.051

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				159.030,
				159.040,
				159.051,
				159.160,
				186.412,
				186.440,
				186.450,
				186.470,
				186.560
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186.400(1) authorizes the
				Transportation Cabinet to promulgate administrative regulations for the
				enforcement of
				KRS
				186.400 to
				186.640.
				KRS
				186.560(7) requires the
				cabinet to revoke the license of any operator of a motor vehicle upon receiving
				notification that the operator is under age eighteen (18) and has dropped out
				of school or is academically deficient, as defined by
				KRS
				159.051.
				KRS
				186.440(3) requires persons
				under the age of eighteen (18) to present proof of complying with the
				requirements for obtaining a driver's license and authorizes the cabinet to
				require any other information by administrative regulation. This administrative
				regulation establishes requirements for a minor driver licensing applicant and
				compliance with
				KRS
				159.051.
Section
			 1. Definitions. "Minor" means a person under the age of eighteen
			 (18) years.
Section 2. Minor's
			 Application for Driving Privilege. A minor who is applying for a Kentucky
			 original learner's permit or a transfer operator's license shall submit to the
			 circuit court clerk:
(1) A "Driver License-ID
			 Card Application Form TC 94-30";
(2) One (1) of the following:
(a) Proof of graduation from high
			 school;
(b) Proof of having
			 received a General Equivalency Diploma; or
(c) A completed "School Compliance
			 Verification:
			 KRS
			 159.051" obtained from the student's school
			 district of residence and executed within the preceding sixty (60) days;
			 and
(3) All other
			 information required by
			 KRS
			 186.412 to obtain a driver's
			 license.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 13 - Driver Improvement › Section 601 KAR 13:090 - Medical Review Board; basis for examination, evaluation, tests

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.411,
				186.440(6),
				186.444,
				186.570,
				Chapter 311
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186.444 and
				186.570
				require the Transportation Cabinet to promulgate administrative regulations
				establishing the Medical Review Board. This administrative regulation
				establishes the board, the procedures used by the board and the department in a
				medical review case, the process for informal hearings and appeals to formal
				administrative hearings, and the forms incorporated by the department.
Section 1. Medical Review Board Generally.
(1) The Medical Review Board shall be chaired
			 by the Commissioner of the Department of Vehicle Regulation of the
			 Transportation Cabinet or the commissioner's designee.
(2) The Medical Review Board shall be
			 comprised of any number of physicians licensed to practice medicine in the
			 Commonwealth of Kentucky, as established in
			 KRS
			 186.444(2), and any number
			 of licensed medical specialists and rehabilitation specialists, as established
			 in
			 KRS
			 186.570(1)(c) and
			 601 KAR
			 13:100.
(3) A quorum of the Medical Review Board
			 shall be at least three (3) physicians licensed to practice medicine in the
			 Commonwealth of Kentucky.
(4)
			 Appointees to the Medical Review Board who are not physicians licensed pursuant
			 to KRS Chapter 311 shall not count towards the quorum and may have their
			 appointment restricted based on their specified area of expertise.
(5) The Commissioner of the Department of
			 Vehicle Regulation or the commissioner's designee shall prescribe the time and
			 place for the board to meet.
(6)
			 The non-state government members of the board who participate in a meeting
			 shall be paid $200 each day or part of a day and reimbursed for necessary
			 expenses incurred in attending the meeting.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 13 - Driver Improvement › Section 601 KAR 13:110 - Driver education programs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.365,
				186.018,
				186.410,
				186.535,
				186.574,
				189A.010(2),
				189A.410,
				332.204,
				332.206,
				332.210
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186.400(1) authorizes the
				Transportation Cabinet to promulgate administrative regulations regarding the
				licensing of a motor vehicle operator.
				KRS
				186.574 requires the Transportation Cabinet
				to promulgate administrative regulations regarding the supervision and
				operation of state traffic schools for new drivers and traffic offenders. This
				administrative regulation establishes the minimum standards for a new driver
				state traffic school. This administrative regulation also designates those
				persons eligible for a new driver education program, establishes the
				application and approval procedures to teach the program for private driving
				schools, and establishes the method of notification to the cabinet of
				completion of the program.
Section 1.
			 State Traffic School.
(1) The Transportation
			 Cabinet shall establish a separate curriculum and class for the new driver
			 state traffic school, or graduated driver licensing education, and the traffic
			 offender state traffic school.
(2)
			 The Transportation Cabinet shall select instructors and secure classroom
			 locations for the state traffic schools established in
			 KRS
			 186.574(1).
(3) The Transportation Cabinet shall conduct
			 at least two (2) new driver state traffic schools in each Kentucky county
			 during each calendar year.
(4) A
			 person eligible for new driver state traffic school may:
(a) Attend class in a classroom setting free
			 of charge as established in
			 KRS
			 186.410(4)(c); or
(b) Attend class by accessing a
			 cabinet-approved traffic school Web site.
(5) The traffic school Web site shall be
			 offered by a vendor selected by the cabinet pursuant to the competitive bidding
			 process established in
			 KRS
			 45A.365.
(6) A vendor shall charge a convenience fee
			 for the use of the vendor's on-line driver education course.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 14 - Motorcycle and Bicycle Safety › Section 601 KAR 14:010 - Headgear and eye-protective devices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.285, 49 C.F.R. Part 571.218
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.285(5) requires the
				secretary to promulgate administrative regulations establishing minimum
				standards for protective headgear and eye-protective devices to be used by
				motorcycle operators.
				KRS
				189.515(4) requires the
				secretary to promulgate administrative regulations establishing approved
				protective headgear for all-terrain vehicle operators. This administrative
				regulation establishes the minimum standards and approved headgear and
				eye-protective devices.
Section 1.
			 Protective Headgear. When a person is required to wear protective headgear
			 pursuant to
			 KRS
			 189.285(3) or
			 189.515(4),
			 the protective headgear worn shall meet the standards set forth in Section 2 of
			 this administrative regulation.
Section
			 2. Protective Headgear Standards. A protective headgear shall:
(1) Meet the requirements of
			 49 CFR
			 571.218; and
(2) Have a permanent and legible label that:
(a) Bears the letters DOT that are one (1) cm
			 in height;
(b) Appears on the outer
			 surface of the helmet;
(c)
			 Contrasts with the helmet color; and
(d) Is placed a minimum of two and
			 nine-tenths (2.9) centimeters and a maximum of three and five-tenths (3.5)
			 centimeters from the bottom edge of the posterior of the helmet.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 14 - Motorcycle and Bicycle Safety › Section 601 KAR 14:020 - Bicycle safety standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.010,
				189.030(1),
				189.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.287 requires the cabinet to promulgate
				administrative regulations to establish standards for bicycle safety and
				equipment. This administrative regulation establishes the equipment and safety
				requirements required in the operation of a bicycle.
Section 1. Definitions.
(1) "Bicycle":
(a) Means a device with an attached seat
			 propelled primarily by human power upon which a person rides astride or upon,
			 regardless of the number and size of the wheels in contact with the ground;
			 and
(b) Does not mean a wheelchair
			 designed for a person with a disability.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 14 - Motorcycle and Bicycle Safety › Section 601 KAR 14:030 - Bicycle and bikeway program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.820,
				61.826,
				174.120,
				174.125
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				174.120 requires the Transportation Cabinet
				to develop and coordinate a bikeway program in assistance and cooperation with
				local governments and other agencies.
				KRS
				174.125 establishes the Kentucky Bicycle and
				Bikeway Commission (KBBC) within the Transportation Cabinet to serve as an
				advisor to the secretary in matters related to the interests of the bikeway
				program and the bicycling public. This administrative regulation implements the
				procedures related to
				KRS
				174.120 and
				174.125.
Section 1. Quarterly Meetings.
(1) KBBC shall conduct at least four (4)
			 quarterly meetings each year at a time and place agreed upon by the chairman
			 and the commission members. Meetings shall be conducted as established in
			 KRS
			 61.820 and
			 61.826.
(2) The secretary shall call at least one (1)
			 yearly meeting with KBBC in order to review issues related to the bikeway
			 program.
(3) A schedule of the
			 quarterly meetings including the time and place of meetings for the coming year
			 shall be set by the commission pursuant to paragraph (a) of this subsection at
			 its last meeting of the calendar year and forwarded to the secretary of the
			 Transportation Cabinet.
(4)
(a) The schedule for meetings shall be
			 altered upon motion approval by a quorum of the commission.
(b) The altered meeting schedule shall be
			 forwarded to the secretary.
(5)
(a)
			 Notice of regular quarterly meetings of the commission shall be given to each
			 member of the commission and the secretary of the Transportation Cabinet in
			 writing by either regular or electronic mail not less than seven (7) days prior
			 to the meeting.
(b) The notice
			 shall contain a date, time, place, and agenda for the meeting.
(6) Minutes of all meetings shall
			 be kept by the commission, and a copy of the minutes shall be forwarded to the
			 secretary within ten (10) days of the meeting.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 14 - Motorcycle and Bicycle Safety › Section 601 KAR 14:050 - Motorcycle Safety Education Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 176.5061-176.5069, 186.401, 186.450, 186.531,
				186.535
NECESSITY, FUNCTION, AND CONFORMITY: KRS 176.5063 and 176.5064
				authorizes the Secretary of the Transportation Cabinet to promulgate
				administrative regulations that are reasonable and necessary to carry out the
				provisions of 176.5061-176.5069. This administrative regulation establishes the
				criteria and procedures required for approval of instructors for motorcycle
				safety education training, instructor training course provider requirements and
				selection criteria, training course requirements, fees for enrollment in a
				motorcycle rider training course, and training provider requirements and
				selection criteria.
Section 1.
			 Definitions.
(1) "Cabinet" is defined by KRS 174.012.
(2) "Commission" means the
			 Motorcycle Safety Education Commission established pursuant to KRS 176.5067.
(3) "Instructor" means a
			 person recognized by the cabinet who conducts motorcycle rider training and may
			 also be known as a rider coach.
(4)
			 "Instructor training course" means a process recognized by the cabinet that
			 prepares an individual to teach a motorcycle rider training course.
(5) "Instructor training course provider"
			 means a person or entity recognized by the cabinet to conduct an instructor
			 training course.
(6) "Instructor
			 trainer" means a person approved by the cabinet to train instructors.
(7) "Program administrator" means the person
			 designated or appointed by the secretary of the cabinet to administer the
			 Motorcycle Safety Education Program.
(8) "Range" means a paved area approved for
			 practicing motorcycle riding skills during a training course.
(9) "Training provider" means a person or
			 entity approved by the cabinet to conduct a rider training course.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 23 - Certification of Title › Section 601 KAR 23:010 - Classic motor vehicle project

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.020,
				186A.115,
				186A.120,
				186A.170(1)(b),
				186A.510,
				186A.535,
				190.300,
				190.990(5),
				49 U.S.C.
				32705
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186A.535 authorizes the cabinet to promulgate
				administrative regulations governing the application process and titling of
				classic motor vehicle projects and restored classic motor vehicle projects.
				This administrative regulation establishes the procedures necessary to obtain a
				certificate of title for a classic motor vehicle project as defined by
				KRS
				186A.510(2) and for a
				classic motor vehicle project that has been restored to roadworthy
				condition.
Section 1. Application for
			 Certificate of Title of a Classic Motor Vehicle Project.
(1)
(a)
			 "Salvage", "junk vehicle", and "rebuilt vehicle" as defined by
			 KRS
			 186A.510 shall be considered permanent
			 brands.
(b) The term "classic motor
			 vehicle project" shall be considered a temporary brand in the process of
			 obtaining title.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 23 - Certification of Title › Section 601 KAR 23:020 - Military surplus vehicle

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.010,
				186.020,
				186A.070(1),
				186A.073,
				186A.115,
				186A.170,
				49
				C.F.R. Section 571.7
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186A.073(4) and (5) requires
				the Kentucky Transportation Cabinet to promulgate administrative regulations
				establishing the procedures necessary to apply for, and obtain title for a
				military surplus vehicle. This administrative regulation establishes the
				requirements for an applicant to obtain a certificate of title and registration
				for a military surplus vehicle.
Section
			 1. Definitions.
(1) "Military
			 surplus vehicle" is defined by
			 KRS
			 186.010(20).
(2) "Motor vehicle" is defined by
			 KRS
			 186.010(4).
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 23 - Certification of Title › Section 601 KAR 23:030 - Motor vehicle speed title process exceptions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.115,
				186.200,
				186A.070,
				186A.120,
				186A.130,
				186A.165,
				186A.170,
				186A.520
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186A.170(1)(b) authorizes
				the Transportation Cabinet, Department of Vehicle Regulation, to promulgate
				administrative regulations providing exceptions to the speed title procedure.
				This administrative regulation establishes the procedures necessary to apply to
				obtain a certificate of title by means of an accelerated process and
				establishes the process for the cabinet to issue a motor vehicle certificate of
				title within forty-eight (48) hours of receipt of electronic speed title
				application from a county clerk.
Section
			 1. Definitions.
(1) "Kentucky
			 Certificate of Title" is defined by
			 103
			 KAR 44:120.
(2) "Rebuilt title" means a certificate of
			 title issued pursuant to
			 601 KAR
			 9:200 for a specific motor vehicle that had been
			 damaged and subsequently restored to an operable condition by replacing two (2)
			 or more major component parts.
(3)
			 "Resident" is defined by
			 KRS
			 186.010(12).
(4) "Salvage title" is defined by
			 KRS
			 186A.520(1).
(5) "Speed title" or "Speed certificate of
			 title" means an expedited issuance of a certificate of title by the
			 Transportation Cabinet as established in
			 KRS
			 186A.170.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 35 - Coal Transportation › Section 601 KAR 35:060 - Extended weight coal haul decals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				177.9771
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.9771 permits a decal to be purchased for
				a coal truck to allow the vehicle to operate in excess of the legal maximum
				weight limit on roads and road segments designated as part of the extended
				weight coal haul road system. This administrative regulation sets forth the
				procedures to be followed in applying for and placement of this decal.
Section 1. The issuing agency for the decal
			 authorized by
			 KRS
			 177.9771 shall be the Department of Vehicle
			 Regulation, Division of Motor Vehicle Licensing. Application shall be made on
			 forms prescribed and furnished by the department. This application shall
			 contain at least the following information:
(1) The name and address of the vehicle
			 owner;
(2) Name of registrant if
			 other than the owner (applies to International Registration Plan registrants
			 only);
(3) Vehicle identification
			 number of the vehicle;
(4) Axle
			 arrangement of the vehicle;
(5)
			 Signature of the applicant; and
(6)
			 Current registration license plate number of the vehicle, current registration
			 receipt or other proof of current registration.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 35 - Coal Transportation › Section 601 KAR 35:070 - License plates for trucks operated under cooperative agreements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				177.9771
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.9771 requires the Transportation Cabinet
				to issue identifying license plates for motor vehicles used to transport coal
				and operated exclusively under a cooperative agreement entered into pursuant to
				KRS
				177.979 and
				603 KAR
				5:220. This administrative regulation sets forth the
				procedures to be followed in applying for such an identifying license
				plate.
Section 1. The owner of a
			 vehicle which is listed in a cooperative agreement entered into pursuant to
			 KRS
			 177.979 and
			 603 KAR
			 5:220 which will be operated exclusively over the
			 roads listed in the cooperative agreement, may elect to have an identifying
			 license plate issued for said vehicle. If so, he shall apply to the office of
			 the appropriate county clerk for a certificate of registration. There is no
			 state registration fee for the issuance of this registration, but other fees
			 and taxes are applicable. Before issuing the certificate of registration, the
			 county clerk will insure that the applicant has complied with the following:
(1) Applicable usage taxes and ad valorem
			 taxes have been paid;
(2) The
			 federal heavy vehicle highway use tax requirements have been met; and
(3) The vehicle is insured, if
			 required.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 15 - Airport Development › Section 602 KAR 15:020 - State aid for airport development projects

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.120, 183.505, 183.764
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation defines the procedure that must be followed in order to obtain
				financial aid from the Transportation Cabinet for an airport maintenance
				project or an airport development project (as defined in KRS 183.011(14)) for a
				public airport owned by another state agency, an airport board appointed
				pursuant to KRS 183.132 or a city and/or county government.
Section 1.
(1) To be eligible for financial aid from the
			 airport development fund under this administrative regulation for the airport
			 must meet the following criteria:
(a) The
			 airport shall be publicly-owned;
(b) The airport shall be available for public
			 use;
(c) The proposed development
			 project shall be consistent with the airport type and degree of facility
			 development contained in the state airport system plan;
(d) The proposed development project shall
			 either be in accordance with the airport's approved master plan or be to
			 prepare or update the airport's master plan; and
(e) The airport shall be in compliance with
			 the minimum safety standards set forth in  602 KAR 20:010 to  602 KAR 20:110 or
			 the proposed development project shall bring the airport in compliance with
			 those standards.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 15 - Airport Development › Section 602 KAR 15:030 - Fees for services and facilities of the Capital City Airport

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 45.453, 174.504, 183.011(2),
				(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 174.504 requires the
				cabinet to promulgate administrative regulations establishing fees for users of
				the services and facilities of the Capital City Airport (CCAD) and for the
				usage of state aircraft. This administrative regulation establishes hangar
				fees, tie-down fees, fees for fuel and lubricants, fees for aircraft services,
				and usage fees for state aircraft pursuant to KRS 174.504.
Section 1. Definitions.
(1) "Aeronautical activity" means an activity
			 that involves, makes possible, or is required for the operation of aircraft or
			 that contributes to or is required for the safety of operations.
(2) "Aircraft" is defined by KRS 183.011(2).
(3) "Airport" is
			 defined by KRS 183.011(5).
(4)
			 "Airport manager" means the designated individual appointed by the airport
			 owner authorized to administer and manage the operations of the airport and
			 airport facility.
(5) "Aviation
			 fuel" means a specialized type of petroleum-based fuel that is used to power
			 aircraft including jet fuel and aviation gasoline.
(6) "Fixed cost" means the cost or expense of
			 operating aircraft that result from owning and supporting the aircraft
			 including costs for insurance.
(7)
			 "Hangar" means a type of enclosed structure designed to hold one (1) or more
			 aircraft and items incidental to the operation and maintenance of the stored
			 aircraft.
(8) "Hobbs meter" means a
			 device that measures elapsed time that is wired in series with the collective
			 control and a switch activated by engine or transmission oil
			 pressure.
(9) "Lease" means the
			 written contract between the airport or airport owner and a lessee specifying
			 the terms and conditions under which the lessee may conduct commercial or
			 aeronautical activities on or at the airport.
(10) "Periodic cost" means the cost or
			 expense for modernization, painting, or refurbishment.
(11) "State aircraft usage" means the use of
			 state aircraft for on-demand air transportation by state officials and
			 employees traveling on official state business.
(12) "T-hangar" means a type of enclosed
			 structure designed to hold a single aircraft in protective storage.
(13) "Tie-down" means an outdoor spot used by
			 smaller aircraft to park that usually has a set of three (3) ropes for tying
			 down the aircraft.
(14) "Variable
			 costs" means the costs or expenses that vary depending on how much an aircraft
			 is used including crew fees, maintenance, fuel, and landing and tie-down
			 fees.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 20 - Airport Safety Standards › Section 602 KAR 20:020 - Issuance of landing area designation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.090
NECESSITY, FUNCTION, AND CONFORMITY: The Transportation Cabinet
				has the responsibility to inspect and to determine the safety and adequacy of
				all airport facilities in this state. This administrative regulation
				establishes the procedures for the issuance of a certificate of approval for
				the use and operation of an airport facility and other matters related to the
				issuance of a Landing Area Designation.
Section
			 1. Definitions.
(1) "Airplane"
			 means an engine-driven, fixed-wing aircraft which is heavier than air and
			 supported in flight by the dynamic reaction of air against its wings.
(2) "Landing area designation" means a
			 certificate of approval of the safety and adequacy of an airport
			 facility.
(3) "Rotorcraft" means a
			 heavier-than-air craft that principally depends for its support in flight on
			 lift generated by one (1) or more rotors.