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driving privilege suspended, canceled, revoked or otherwise withdrawn for any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.
Section 3.
Application for the Limited CDL.
(1)
Application for the limited farm-related service industry commercial driver's
license shall be made on form TC 94-17, "Farm-Related Services Restricted CDL
Application", as effective January, 1994. This form is incorporated by
reference as a part of this administrative regulation.
(2) The completed application shall be
submitted to the driver license issuing office of the jurisdictional circuit
court clerk.
(3) The holder of a
valid operator's license who has less than six (6) months until his scheduled
renewal of his operator's license may apply for an early renewal of his
operator's license at the same time he applies for a limited farm-related
services commercial driver's license.
(4) The form TC 94-17 incorporated by
reference in subsection (1) of this section may be viewed, copied or obtained
from the Division of Driver Licensing, Second Floor, State Office Building,
Frankfort, Kentucky 40622 or the driver license issuing office of any circuit
court clerk. The telephone number of the Division of Driver Licensing is (502)
564-6800. Its hours of business are 8 a.m. to 4:30 p.m. eastern time on
weekdays.
Section 4.
Validity of the Limited CDL.
(1) A qualified
applicant may apply for any one (1) of the following limited farm-related
service industry commercial driver's licenses:
(a) One (1) valid for sixty (60)
days;
(b) One (1) valid for 120
days; or
(c) One (1) valid for 180
days.
(2) A person shall
not possess a limited farm-related service industry commercial driver's license
for more than 180 days in any twelve (12) month period.
(3) If the limited farm-related service
industry commercial driver's privilege to operate any motor vehicle expires, is
cancelled, or is withdrawn for any reason, his limited commercial driving
privilege shall be terminated at the same time.
(4) A limited farm-related commercial driver
who has at least sixty (60) additional days' time of eligibility in the twelve
(12) month period may apply to the driver licensing issuance office of the
circuit clerk for an extension of his limited farm-related service industry
commercial driving privilege. Prior to issuing the extension to his limited
commercial driving privilege, his driving history record shall be examined for
eligibility with the requirements of Section 2 of this administrative
regulation.
(5) A limited
farm-related service industry commercial driver's license shall not be valid
for the operation of a class "A" vehicle as defined in
KRS
281A.170.
(6) A limited farm-related service industry
commercial driver's license shall only be valid within 150 highway miles of the
employing farm-related service industry.
(7) A limited farm-related service industry
commercial driver's license shall not be valid for those commercial drivers
transporting hazardous materials as defined in
601 KAR
1:025 except the following:
(a) 1000 gallons or less of diesel fuel;
or
(b) Anhydrous ammonia or other
types of liquid fertilizer transported in a vehicle or implement of husbandry
with a total capacity of 3000 gallons or less;
(c) Solid fertilizer in any
quantity.
(8) A limited
farm-related service industry commercial driver's license shall only be valid
if accompanied by a valid operator's license displaying the following:
(a) An "F" restriction; and
(b) Either a "B" or "C" class commercial
driver's license.
Section
5. Fees.
(1) Each year at the
initial application pursuant to Section 4(1) of this administrative regulation,
the applicant for a limited farm-related service industries commercial driver's
license shall pay a ten (10) dollar fee to the circuit court clerk for the
issuance of the photo farm services CDL which shall be accompanied by the
operator's license.
(2) The
applicant for a duplicate or extension to the farm services commercial driver's
license during a twelve (12) month period in which he has already paid the fee
specified in subsection (1) of this section shall pay a fee of three (3)
dollars to the circuit court clerk for the issuance of a new limited
farm-related service industries commercial driver's photo license which shall
be attached to the motor vehicle operator's license.
