Kentucky Statutes 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
Current as of: 2024 | Check for updates
|
Other versions
(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) 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 shall pay a skills-testing fee of one hundred fifty dollars ($150).
(b) A person applying under subsection (8) of this section shall pay a skills- testing fee of one hundred fifty dollars ($150).
(c) 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 paragraphs (a) and (b) 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.
(d) 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 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.
(e) 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 Title 49, Code of Federal Regulations, Part
383.75, as adopted by the Transportation Cabinet.
(5) 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.
(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) An applicant who is not a resident of the Commonwealth, possesses both a valid operator’s license and a commercial driver’s instruction permit, and has complied with all necessary federal requirements may take a commercial driver’s license skills test under this section.
(9) (a) The commissioner of the Department of Kentucky State Police shall promulgate administrative regulations pursuant to the provisions of KRS Chapter 13A to implement the provisions of this section.
(b) The State Police shall promulgate administrative regulations under KRS Chapter 13A to set forth the qualifications for contract examiners retained under subsection (2)(c) of this section.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 66, sec. 1, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 153, sec. 1, effective April 8, 2022. — Amended 2018 Ky. Acts ch.
150, sec. 1, effective January 1, 2019. — 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.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, H, 4, (2) at 1684.
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.”
(b) 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.
Terms Used In Kentucky Statutes 281A.160
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(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 shall pay a skills-testing fee of one hundred fifty dollars ($150).
(b) A person applying under subsection (8) of this section shall pay a skills- testing fee of one hundred fifty dollars ($150).
(c) 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 paragraphs (a) and (b) 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.
(d) 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 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.
(e) 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 Title 49, Code of Federal Regulations, Part
383.75, as adopted by the Transportation Cabinet.
(5) 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.
(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) An applicant who is not a resident of the Commonwealth, possesses both a valid operator’s license and a commercial driver’s instruction permit, and has complied with all necessary federal requirements may take a commercial driver’s license skills test under this section.
(9) (a) The commissioner of the Department of Kentucky State Police shall promulgate administrative regulations pursuant to the provisions of KRS Chapter 13A to implement the provisions of this section.
(b) The State Police shall promulgate administrative regulations under KRS Chapter 13A to set forth the qualifications for contract examiners retained under subsection (2)(c) of this section.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 66, sec. 1, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 153, sec. 1, effective April 8, 2022. — Amended 2018 Ky. Acts ch.
150, sec. 1, effective January 1, 2019. — 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.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, H, 4, (2) at 1684.
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.”