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.
Section
3. Requirements for Issuance of License. An applicant for a
commercial driver's license shall meet the requirements of
49 CFR
383.71 effective July 21, 1988. An applicant
who operates exclusively in intrastate commerce shall meet all of the same
requirements as an applicant operating in interstate commerce except that the
exemptions to 49 CFR Part
391 provided to intrastate drivers in
601 KAR
1:005 shall be applicable for commercial drivers
also.
Section 4. Required Knowledge
and Skills. The knowledge and skills test administered by the Kentucky State
Police in accordance with
KRS
281A.160 shall meet the standards set forth
in 49 CFR
383 Subpart G effective July 21, 1988.