COMMERCIAL DRIVER'S LICENSES

KRS tit. XXIV, ch. 281A

in effect

KRS 281A.010 Definitions for chapter

281A.010. Definitions for chapter As used in this chapter: (1) "Alcohol" means: (a) Beer, ale, port, or stout and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (b) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; (c) Distilled spirits, which means that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced; or (d) Any substance containing ethyl alcohol, hydrated oxide of ethyl, spirit of wine, or any distilled spirits including but not limited to ethanol, methanol, propanol, and isopropanol; (2) "Alcohol concentration" means: (a) The number of grams of alcohol per one hundred (100) milliliters of blood; (b) The number of grams of alcohol per two hundred ten (210) liters of breath; or (c) The number of grams of alcohol per sixty-seven (67) milliliters of urine; (3) "Cabinet" means the Transportation Cabinet; (4) "Commerce" means: (a) Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside of the United States; and (b) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation described in paragraph (a) of this subsection; (5) "Commercial driver's license" or "CDL" means a license issued to an individual in accordance with the requirements of this chapter or, if the license is issued by another state in accordance with the Federal Commercial Motor Vehicle Safety Act, to an individual that authorizes the individual to drive any class of commercial motor vehicle; (6) "Commercial driver's license information system" or "CDLIS" means the national information system established to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers; (7) "Commercial learner's permit" or "CLP" means a permit issued pursuant to KRS 281A.120; (8) "Commercial motor vehicle" or "CMV" means a motor vehicle or combination motor vehicle used in commerce that is: (a) Designed to carry property and has a gross vehicle weight rating as determined by federal regulation which has been adopted into cabinet administrative regulations pursuant to KRS Chapter 13A; (b) Designed to transport sixteen (16) or more passengers, including the driver; (c) Transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. pt. 172; or (d) Any other vehicle that is required by cabinet administrative regulation, pursuant to KRS Chapter 13A, to be operated by a licensed commercial driver; (9) "Controlled substance" means any substance so classified under 21 U.S.C. sec. 802(6), and includes all substances listed on Schedules I through V of 21 C.F.R. pt. 1308, as adopted by the Transportation Cabinet by administrative regulation pursuant to KRS Chapter 13A. It shall also include those substances defined or listed in KRS Chapter 218A; (10) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty, a plea of nolo contendere, or Alford plea entered and accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated; (11) "Disqualification" means any of the following actions: (a) The suspension, revocation, or cancellation of a CDL by the Commonwealth or the jurisdiction of issuance; (b) Any withdrawal of a person's privilege to drive a commercial motor vehicle by the Commonwealth or another jurisdiction as a result of a violation of state or local law relating to motor vehicle traffic control, other than parking, vehicle weight, or vehicle defect violations; or (c) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. pt. 391; (12) "Drive" means to drive, operate, or be in physical control of a motor vehicle; (13) "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver's license; (14) "Driver's license" or "operator's license" means a license issued by a state to an individual that authorizes the individual to drive a motor vehicle; (15) "Employee" means any operator of a commercial motor vehicle, including full- time, regularly employed drivers; casual, intermittent, or occasional drivers; leased drivers and independent, owner-operator contractors while in the course of operating a commercial motor vehicle who are either directly employed by, under lease to, or operating in a manner indicating employment to an employer; (16) "Employer" means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle; (17) "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year; (18) "Gross combination weight rating" or "GCWR" is the gross vehicle weight rating of power unit plus the gross vehicle weight rating of any towed unit. In the absence of a value specified by the manufacturer, GCWR shall be determined by the combined actual physical weight of the vehicle, including passengers, cargo, fuel, all other items, and, if towing, the tongue weight; (19) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum loaded weight of a single, a combination or an articulated vehicle; (20) "Hazardous materials" has the same meaning as in 49 C.F.R. sec. 383.5; (21) "Highway" shall include any way or place of any nature when any part of it is open to the use of the public as a matter of right, license, or privilege for the use of vehicular traffic; (22) "Imminent hazard" means a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a danger to health, property, or the environment exists; (23) "Moped" shall have the same meaning as in KRS 186.010(5); (24) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but shall not include any vehicle, machine, tractor, trailer, or semitrailers operated exclusively on a rail; (25) "NDR" means the national driver register; (26) "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, commercial motor vehicle, or a motor carrier oper ation is out of service pursuant to 49 C.F.R. secs. 386.72, 392.5, 395.13, or 396.9; comparable laws or regulations; or the North American Uniform Out-of-Service Criteria; (27) "Resident" means a person who has established Kentucky as his or her state of domicile. Proof of residency shall include but not be limited to a deed or property tax bill, utility agreement or utility bill, or rental housing agreement; (28) "School bus" means a vehicle that meets the specification of KRS 156.153 used to transport preprimary, primary, or secondary school students between school and home, or to and from school-sponsored events. A school bus shall not include a bus used as a common carrier; (29) "Serious traffic violation" means a conviction when operating a commercial motor vehicle of: (a) Excessive speeding, involving a single charge of any speed fifteen (15) miles per hour or more, above the specified speed limit; (b) Reckless driving, as defined under state or local law, including conviction of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property; (c) Improper or erratic traffic lane changes; (d) Following the vehicle ahead too closely; (e) A violation of any state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident; (f) Driving a commercial motor vehicle without a CDL; (g) Driving a commercial motor vehicle without a CDL in one's possession or refusing to display a CDL upon request; (h) Driving a commercial motor vehicle without the proper class of CDL or endorsements, or both, for the specific vehicle type or types being operated or for the passengers or type or types of cargo being transported; or (i) Any conviction of an offense that requires mandatory suspension under KRS 186.560 or a serious violation as defined by 49 C.F.R. pt. 383; (30) "Severe forms of trafficking in persons" has the same meaning as in 22 U.S.C. sec. 7102; (31) "State" means a state of the United States and the District of Columbia; (32) "State police" means the Department of Kentucky State Police; and (33) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn along a public highway, except devices moved by human or animal power, used exclusively upon stationary rails or tracks, or which derives its power from overhead wires. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 1, effective July 15, 2024. -- Amended 2013 Ky. Acts ch. 21, sec. 1, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 28, sec. 1, effective June 26, 2007; and ch. 85, sec. 285, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 165, sec. 5, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 204, sec. 1, effective Apri l 5, 2002. -- Amended 1992 Ky. Acts ch. 274, sec. 1, effective April 7, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 4, effective January 1, 1991.

KRS 281A.020 Purpose -- Construction

281A.020. Purpose -- Construction (1) It is the purpose of this chapter to implement the Federal Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. L. No. 99 -570) and reduce or prevent commercial vehicle accidents, fatalities and injuries by: (a) Permitting commercial drivers to hold only one (1) license; (b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses as herein defined; and (c) Strengthening commercial driver licensing and testing standards. (2) This chapter shall be liberally construed to promote the public health, safety, and welfare. As applied to commercial drivers, to the extent this chapter conflicts with general driver licensing provisions this chapter prevails. If this chapter is silent, general driver licensing provisions shall apply. (3) The issuance of a Class D or M license as set forth in KRS 281A.170 shall be in accordance with the general driver licensing statutes in KRS Chapter 186 and shall be subject to the fees as set forth in KRS 186.531 in ad dition to any other fee required by statute. (4) Any administrative action taken pursuant to this chapter against a Class A, B, or C license shall be in addition to any administrative action taken against a Class D or M license imposed under any other applicable statute. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 15, effective July 15, 2024. -- Created 1990 Ky. Acts ch. 455, sec. 1, effective July 13, 1990.

KRS 281A.030 On-line automated computer record keeping system

281A.030. On-line automated computer record keeping system (1) The Transportation Cabinet shall, as expeditiously as practicable, develop and maintain an on-line automated computer record keeping system having as a minimum, the capabilities and functions described or needed as set forth in this chapter. The cabinet shall be responsible for acquisition and installation of such equipment or services as are necessary to carry out the provisions of this chapter. (2) The Transportation Cabinet shall have the full responsibility and authority for the day-to-day administration of the automated system. All state government agencies, political subdivisions, and other agencies, including circuit clerks or third-party testing agencies affected by this system, shall cooperate with the Transportation Cabinet in the use and implementation of the automated system. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 455, sec. 2, effective July 13, 1990.

KRS 281A.040 Regulations

281A.040. Regulations The Transportation Cabinet shall have all necessary power and authority to promulgate regulations and institute those programs that are reasonably necessary to carry out the provisions of this chapter. Any other state agency vested with a specific responsibility shall have the necessary power and authority to promulgate regulations to reasonably carry out the provisions of this chapter. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 455, sec. 3, effective July 13, 1990.

KRS 281A.050 Drivers excluded from operation of chapter

281A.050. Drivers excluded from operation of chapter The provisions of this chapter shall not apply to: (1) Drivers of firefighting and other emergency equipment; (2) Drivers of commercial motor vehicles if those persons are: (a) Military personnel; and (b) Operating the vehicles in pursuit of a military purpose; (3) Drivers of farm vehicles that are: (a) Used to transport agricultural products, farm machinery, or farm supplies to or from a farm; (b) Not used in the operations of a common or contract motor carrier; (c) Used within one hundred fifty (150) highway miles of the farmer's farm; and (d) Controlled and operated by a farmer, including operation by employees or family members; and (4) Drivers of vehicles that: (a) Are designed as temporary living quarters for recreational, camping, or travel use; and (b) Operate on their own motor power or are mounted on or drawn by another vehicle. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 28, sec. 2, effective June 26, 2007. -- Amended 1992 Ky. Acts ch. 274, sec. 2, effective April 7, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 5, effective July 1, 1991.

KRS 281A.052 Extension of time length of limited CDL -- Applicability of federal regulation -- Administrative regulation

281A.052. Extension of time length of limited CDL -- Applicability of federal regulation -- Administrative regulation In accordance with 49 C.F.R. sec. 383.3(f)(3)(ii), as it existed on April 13, 2026, exemptions for restricted CDLs for certain drivers i n farm-related service industries, the cabinet shall promulgate emergency and ordinary administrative regulations in accordance with KRS Chapter 13A to extend the allowable time length of a limited CDL to the maximum length allowed under 49 C.F.R sec. 383. 3(f)(3)(ii), as it existed on April 13, 2026. Effective: April 13, 2026 History: Created 2026 Ky. Acts ch. 135, sec. 46, effective April 13, 2026.

KRS 281A.060 License limitation

281A.060. License limitation No person who drives a commercial motor vehicle may have more than one (1) driver's license. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 455, sec. 6, effective July 13, 1990.

KRS 281A.070 Information required from persons holding commercial driver's license or applying to be a commercial driver

281A.070. Information required from persons holding commercial driver's license or applying to be a commercial driver (1) Any driver who holds a commercial driver's license or who is required to hold a commercial driver's license shall within thirty (30) days in the manner specified by the cabinet: (a) Notify the cabinet of any conviction of a state law or local ordinance, relating to motor vehicle traffic control, other than a parking violation, committed in another state or jurisdiction; and (b) Notify his employer in writing of any conviction of a state law or local ordinance, relating to motor vehicle traffic control other than a parking violation, committed in any state or jurisdiction. (2) Any driver whose commercial driver's license is suspended, revoked, or canceled by any state, or who loses the privilege to drive a motor vehicle in any state for any period, including being disqualified from driving a commercial motor vehicle, or a driver who is subject to an out of service order, shall notify his employer of that fact before the end of the business day following the day the driver received notice of that fact. (3) Any person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten (10) years preceding the date of application whenever the information is available: (a) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle; (b) The dates during which the applicant drove for each employer; (c) The reason for leaving that employer; and (d) A certification that all information furnished is true and complete. (4) An employer may require an applicant to provide information additional to that required by subsection (3) of this section. Effective: July 1, 1991 History: Created 1990 Ky. Acts ch. 455, sec. 7, effective July 1, 1991.

KRS 281A.080 Information required from applicant -- Driver not permitted to drive, when -- Employer restriction on operation of commercial vehicles

281A.080. Information required from applicant -- Driver not permitted to drive, when -- Employer restriction on operation of commercial vehicles (1) Each employer shall require the applicant to provide the information specified in KRS 281A.070. He shall inform the applicant that the information provided may be used or the applicant's previous employers may be contacted for the purpose of investigating the applicant's work history. (2) No employer shall knowingly allow, permit, or authorize a driver to drive a commercial vehicle during any period in which the driver: (a) Has had his commercial driver's license suspended, revoked, or canceled by any state; (b) Is currently disqualified from driving a commercial vehicle; (c) Is subject to an out-of-service order in any state; (d) Has more than one (1) driver's license; (e) Does not currently hold a valid commercial driver's license; or (f) Is in violation of any of the railroad crossing offenses or conduct set forth in KRS 189.500, 189.560, or 189.565. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 28, sec. 3, effective June 26, 2007. -- Created 1990 Ky. Acts ch. 455, sec. 8, effective July 1, 1991.

KRS 281A.090 Restrictions on driving

281A.090. Restrictions on driving (1) Except when driving under a commercial learner's permit and accompanied by the holder of commercial driver's license valid for the vehicle being driven, no person shall drive a commercial motor vehicle on the highways of this state unless the person holds a valid commercial driver's license with applicable endorsements valid for the vehicle he or she is driving. (2) No person shall drive a commercial motor vehicle on the highways of this state while his or her driving privilege for a commercial or noncommercial motor vehicle is suspended, revoked, or canceled, or while he or she is subject to a disqualification, or in violation of an out-of-service order. (3) The licensee shall have in his or her immediate possession at all times when operating a motor vehicle his or her commercial driver's license, and shall display the license upon demand to the Transportation Cabinet, a license examiner, a peace officer, a State Police officer, or an inspector or officer of the Department of Vehicle Regulation. It shall be a defense to a violator of this subsection if the person so charged produces in court a commercial driver's license, issued to him or her before his or her arrest or violation and which was valid at that time. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 10, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 51, sec. 28, effective March 27, 2020. -- Amended 2009 Ky. Acts ch. 75, sec. 20, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 85, sec. 286, effective June 26, 2007. -- Created 1990 Ky. Acts ch. 455, sec. 9, effective July 1, 1991.

KRS 281A.100 Release of information regarding commercial driving history record

281A.100. Release of information regarding commercial driving history record (1) Notwithstanding any other provision of law to the contrary, the Transportation Cabinet shall upon request furnish full information regarding the commercial driving history record of any person to the following: (a) The driver licensing administrator, court official, or police agency of this or any other state or foreign jurisdiction, requesting that information; (b) Any employer or prospective employer; (c) The commercial driver; or (d) Any other person so established by administrative regulation, pursuant to KRS Chapter 13A, of the cabinet. (2) The cabinet may charge a fee of five dollars ($5) for this service. (3) The driving history record of a commercial driver shall include, but not be limited to, convictions for any moving traffic violation, traffic accident record, and all out- of-state moving traffic convictions. (4) If a person legally entitled to a commercial driving history releases information concerning the driving history record of a commercial driver, a state agency, employee, or agent shall not be held liable. Effective: April 7, 1992 History: Amended 1992 Ky. Acts ch. 274, sec. 3, effective April 7, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 10, effective July 1, 1991.

KRS 281A.110 Information regarding conviction of driver licensed by a foreign jurisdiction

281A.110. Information regarding conviction of driver licensed by a foreign jurisdiction Within ten (10) days after receiving a report from a Kentucky court of a conviction of a commercial driver whose license has been issued by another jurisdiction for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Transportation Cabinet shall notify the driver licensing authority in the other jurisdiction of the conviction. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 455, sec. 11, effective July 13, 1990.

KRS 281A.120 Issuance of commercial learner's permit

281A.120. Issuance of commercial learner's permit (1) A commercial learner's permit may be issued to an individual twenty-one (21) years and older who: (a) Has complied with the criminal history background check required by KRS 281A.300; (b) Holds a valid Kentucky Class D operator's license; (c) Is a citizen or permanent resident of the United States, or can provide to the cabinet documentation issued by the United States Citizenship and Immigration Services in the United States Department of Homeland Security, authorizing the person to be in the United States and to be employed while in the United States; and (d) Has passed the vision and knowledge tests required for a commercial driver's license of the class vehicle to be driven. Commercial learner's permits shall be class specific. (2) A commercial learner's permit may be issued to a resident eighteen (18) years of age who: (a) Has complied with the criminal history background check required by KRS 281A.300; (b) Holds a valid Kentucky Class D operator's license; (c) Is a citizen or permanent resident of the United States, or can provide to the cabinet documentation issued by the United States Citizenship and Immigration Services in the United States Department of Homeland Security, authorizing the person to be in the United States and to be employed while in the United States; and (d) Has passed the vision and knowledge tests required for a commercial driver's license of the class vehicle to be driven. A commercial learner's permit issued under this subsection shall be valid only for the operation of a commercial motor vehicle in intrastate commerce that is not a school bus or a vehicle hauling hazardous material. The CLP shall be class specific and shall contain a "K" restriction noting that the commercial driver is limited to Kentucky intrastate commerce. (3) A commercial learner's permit shall not be issued to a resident for a period to exceed one hundred eighty (180) days. Only one (1) renewal or reissuance may be granted within a two (2) year period for the same class of vehicle. The holder of a commercial learner's permit may, unless otherwise disqualified, drive a commercial motor vehicle on the highways of Kentucky only when accompanied by the holder of a commercial driver's license valid for the type of vehicle driven and who occupies a seat beside the permit holder for the purpose of giving instruction in driving the commercial motor vehicle. (4) A commercial learner's permit shall contain the same elements and meet the same requirements as those for commercial driver's licenses set forth in KRS 281A.170. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 2, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 121, sec. 2, effective June 29, 2023. -- Amended 2017 Ky. Acts ch. 100, sec. 33, effective January 1, 2019. -- Amended 2002 Ky. Acts ch. 204, sec. 4, effective April 5, 2002. -- Amended 1994 Ky. Acts ch. 481, sec. 3, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 455, sec. 12, effective July 1, 1991.

KRS 281A.130 Requirements for issuance of license

281A.130. Requirements for issuance of license (1) A person shall not be issued a commercial driver's license unless that person: (a) Is a resident of this state; (b) Holds a valid operator's license; (c) Has complied with the provisions of KRS 281A.300; (d) Except as provided in KRS 281A.165, has passed the knowledge and skills tests for driving a commercial motor vehicle which comply with minimum federal standards established by federal regulation enumerated in 49 C.F.R. pt. 383, as adopted by the cabinet; and (e) Has satisfied all other safety requirements including those requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted as set forth in KRS 281A.160. (2) A commercial driver's license or commercial learner's permit shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license or driving privilege is suspended, revoked, or canceled in any state or jurisdiction. (3) A commercial driver's license shall not be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all such licenses, which shall be returned to the issuing jurisdiction for cancellation. (4) To ensure that an applicant for a commercial driver's license or commercial learner's permit complies with the requirements of subsections (2) and (3) of this section, the Transportation Cabinet shall verify through the commercial driver's license information system and national driver register that the person applying for a Kentucky CDL does not currently have his or her operator's license or driving privilege suspended or revoked in another licensing jurisdiction. If the person's operator's license or driving privilege is currently suspended or revoked in another licensing jurisdiction, the Transportation Cabinet shall not issue the person a Kentucky CDL until the person resolves the matter in the other licensing jurisdiction and complies with the provisions of this chapter and KRS Chapter 186. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 11, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 51, sec. 29, effective March 27, 2020. -- Amended 2011 Ky. Acts ch. 20, sec. 2, effective June 8, 2011. -- Amended 2002 Ky. Acts ch. 204, sec. 5, effective April 5, 2002. -- Created 1990 Ky. Acts ch. 455, sec. 13, effective July 1, 1991.

KRS 281A.140 Form of application -- Change of address -- Lost or destroyed license -- Penalty

281A.140. Form of application -- Change of address -- Lost or destroyed license -- Penalty (1) The application for a commercial driver's license or commercial learner's permit shall include the following information: (a) The applicant's full legal name, any nicknames or other names by which he or she is known, and present Kentucky resident address. If the applicant's mailing address is different from the resident address, the mailing address shall also be included; (b) A physical description of the applicant including sex, height, weight, eye color, and race; (c) The applicant's date of birth; (d) The applicant's Social Security number; (e) The applicant's signature; (f) Certifications including those required by 49 C.F.R. secs. 383.71, 383.73, and 384.206, as adopted by the cabinet; (g) A consent to release driving record information; (h) A valid Class D operator's license issued pursuant to KRS 186.4102 and 186.412; (i) A birth certificate if the applicant does not hold a valid operator's license at the time of application; (j) The name of every jurisdiction in which the applicant has previously been licensed to drive any type of motor vehicle during the ten (10) year period immediately preceding the date of the application; and (k) Any other information required by the cabinet. (2) The cabinet or state police may require any other information needed in order to process the application. (3) When the holder of a commercial driver's license changes his or her name or residence, the information shall be reported to the cabinet within ten (10) days. The holder of a Class A, B, or C license shall make an application for a duplicate license within thirty (30) days of changing his or her name or address. (4) Any person whose commercial driver's license has been legitimately lost or destroyed shall make an application for a duplicate. A person applying for a duplicate within the time period for which the original license was issued shall apply to the Transportation Cabinet. The person shall provide the cabinet with proof of the person's identity and a notarized affidavit with a raised seal explaining in detail the loss or destruction of the original license. (5) A person who is a resident of this state shall not drive a commercial motor vehicle under the authority of a commercial driver's li cense issued by another jurisdiction. (6) Any person who knowingly falsifies information or certifications required to obtain a commercial driver's license, a commercial driver's license permit, or a duplicate commercial driver's license subsequent to an a dministrative hearing conducted in accordance with KRS 186.570, shall be subject to suspension, revocation, or cancellation of his or her commercial driver's license for a period of at least sixty (60) consecutive days. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 3, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 51, sec. 30, effective March 27, 2020. -- Amended 2017 Ky. Acts ch. 100, sec. 31, effective January 1, 2019. -- Amended 2005 Ky. Acts ch. 165, sec. 6, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 204, sec. 6, effective April 5, 2002. -- Amended 1996 Ky. Acts ch. 318, sec. 209, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 455, sec. 14, effective January 1, 1991.

KRS 281A.150 Applicants to apply in person -- Fees -- Acceptance of payment methods

281A.150. Applicants to apply in person -- Fees -- Acceptance of payment methods (1) Every person seeking a commercial driver's license or a commercial learner's permit shall first apply in person to the cabinet. The application shall be in the for m prescribed by KRS 281A.140 as provided by the cabinet. Except as provided in KRS 281A.160(6), each time a person applies for a commercial driver's license, a commercial learner's permit, or seeks to upgrade or change his or her commercial driver's license, the person shall be required to: (a) Update the application; and (b) Submit the appropriate fee to the cabinet. (2) In addition to the fees for an operator's license under KRS 186.531, the cabinet shall set fees by administrative regulation, in accordance with KRS Chapter 13A, for the following applications that shall not exceed: (a) Forty dollars ($40) for each application for a commercial driver's license. The fee shall be based on the class, type of license, endorsement, restriction, or tests to be taken; (b) Thirty-five dollars ($35) for each application for a commercial learner's permit; (c) Fifteen dollars ($15) for each application for a change or addition in class or type of license, endorsement, or restriction; and (d) Forty dollars ($40) for each application for a duplicate if it is the first duplicate applied for within the time period for which the original license was issued. Sixty dollars ($60) for a second or subsequent duplicate applied for within the time period for which the original license was issued. The fees required for a duplicate shall be in addition to fees charged under subsection (2)(c) of this section. (3) In addition to the fees for an operator's license KRS 186.531, the cabinet shall set fees by administrative regulation in accordance with KRS Chapter 13A, for the following commercial driver's licenses that shall not exceed: (a) Forty-five dollars ($45) for each initial or renewal of a commercial driver's license; (b) Sixty dollars ($60) for each transfer of a commercial driver's license; and (c) Thirty dollars ($30) for each initial or renewal of a commercial driver's license with an "S" endorsement. (4) All fees remitted to the cabinet shall be nonrefundable regardless of whether the applicant completes the requirements for a commercial driver's license or is tested. (5) All fees collected for the issuance of a commercial driver's license or a commercial learner's permit shall be deposited into trust and agency accounts to be used exclusively for the administration and implementation of this chapter, except as prescribed in subsection (6) of this section. The accounts shall not lapse but shall be continuing from year to year. (6) All fees collected pursuant to this section shall be allocated between the Transportation Cabinet and Department of Kentucky State Police, except a fifty cent ($0.50) issuance fee shall be allocated to the general fund from issuance of a commercial driver's license permit and a three dollar ($3) issuance fee shall be allocated to the general fund from issuance of a commercial driver's license. (7) Any applicant who seeks reinstatement of his or her commercial driving privilege after a suspension, withdrawal, revocation, or disqualification shall pay a reinstatement fee of fifty dollars ($50) in addition to those fees required by subsection (2) of this section and shall satisfy the requirements of KRS 281A.160. This fee shall not be required if his or her commercial driving privilege was withdrawn only as a result of the withdrawal of his or her privilege to drive a noncommercial motor vehicle. (8) As payment for any fee identified in this section, the cabinet: (a) Shall accept cash and personal checks; and (b) May accept other methods of payment in accordance with KRS 45.345. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 12, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 51, sec. 31, effective March 27, 2020. -- Amended 2017 Ky. Acts ch. 100, sec. 34, effective January 1, 2019. -- Amended 2007 Ky. Acts ch. 28, sec. 4, effective June 26, 2007; and ch. 85, sec. 287, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 204, sec. 7, effective April 5, 2002. -- Amended 1992 Ky. Acts ch. 11, sec. 2, effective February 20, 19 92; and ch. 274, sec. 4, effective April 7, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 15, effective January 1, 1991.

KRS 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

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 (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) Prior to taking the knowledge test, a first-time applicant for a hazardous materials endorsement shall complete the entry level driver training required under 49 C.F.R. pt. 380. (c) 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 or an applicant who holds an out-of-state operator's license and commercial learner's permit shall pay a skills-testing fee of one hundred fifty dollars ($150). (b) 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 paragraph (a) 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. (c) The State Police, upon request of an applicant who has passed both the vision and knowledge tests, and has successfully completed all of the entry level driver training required under 49 C.F.R. pt. 380 for the license class and endorsements the applicant seeks, 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. (d) 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 49 C.F.R. sec. 383.75, as adopted by the Transportation Cabinet. (5) The State Police shall promulgate administrative regulations in accordance with 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) (a) The commissioner of the Department of Kentucky State Police shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement the provisions of this section. (b) The State Police shall promulgate administrative regulations in accordance with KRS Chapter 13A to set forth the qualifications for contract examiners retained under subsection (2)(b) of this section. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 4, effective July 15, 2024. -- 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. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 4, (2) at 2096. 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."

KRS 281A.165 Waiver of knowledge and skills tests for military personnel

281A.165. Waiver of knowledge and skills tests for military personnel (1) The cabinet may waive the written knowledge test, the driving skills test, or both, for an applicant on active or reserve military service, or who is a member of the National Guard, or within one (1) year of separation of service, who: (a) Is currently licensed; (b) Has experience driving a vehicle in the military that would require a commercial driver's license to operate as a civilian; (c) Has a good driving record; (d) Certifies and provides verification that, during the two (2) year period immediately prior to applying for a commercial driver's license, the applicant: 1. Drove a motor vehicle in the military that was representative of the commercial driver's license class for which he or she is applying; 2. Has not had his or her operator's license or commercial driver's license suspended, revoked, or canceled, or been disqualified from operating a commercial motor vehicle; 3. Has not been convicted of any of the disqualifying offenses in 49 C.F.R. sec. 383.51(b) while operating a commercial motor vehicle, or of any offense in a noncommercial vehicle that would be disqualifying under 49 C.F.R. sec. 383.51(b) if committed in a commercial motor vehicle; 4. Has not been convicted of more than one (1) serious traffic violation, as defined in 49 C.F.R. sec. 383.5, while operating any type of motor vehicle; 5. Has not been convicted of any violation of military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a traffic accident, and has no record of being at fault in an accident while driving a vehicle in the military that would require a commercial driver's license to operate as a civilian; 6. Has not been convicted of any motor vehicle traffic violation that resulted in an accident; and 7. Is or was regularly employed in a position in the Armed Forces of the United States requiring operation of a commercial motor vehicle of the group the applicant seeks to drive, and provides evidence of that employment in accordance with subsection (4) of this section; and (e) If applying for a license endorsement, provides the verification for a testing waiver required under 49 C.F.R. sec. 838.77(c). (2) The written knowledge and skills test waiver process described in subsection (1) of this section shall be completed, and the commercial driver's license issued, within one (1) year of separation of service. (3) Military personnel who obtain the written knowledge and skills test waiver under this section shall be required to pay the application fee as prescribed by KRS 281A.150, but shall not be charged the skills-testing fee as prescribed by KRS 281A.160. (4) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A that establish an application form for waiver of the written knowledge and skills test by military personnel. As part of the application process, the applicant shall be required to provide: (a) A copy of the applicant's DD-214 form showing the applicant's military occupational specialty; and (b) A signed statement by the applicant's commanding officer or transportation officer, on a form provided by the cabinet, attesting to the fact that the applicant meets the requirements of this section. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 6, effective July 15, 2024. -- Amended 2018 Ky. Acts ch. 135, sec. 3, effective July 14, 2018. -- Created 2011 Ky. Acts ch. 20, sec. 1, effective June 8, 2011.

KRS 281A.170 Form of licenses -- Use for federal identification purposes -- Limitations on licenses -- Administrative regulations -- Expiration

281A.170. Form of licenses -- Use for federal identification purposes -- Limitations on licenses -- Administrative regulations -- Expiration (1) The commercial driver's license shall be marked "commercial driver's license" and "CDL" and shall be, to the maximum extent practicable, tamper proof. It shall include but is not limited to the following information: (a) The name and present resident address of the licensee; (b) The licensee's photograph; (c) A physical description of the licensee incl uding sex, height, weight, and eye color; (d) The licensee's date of birth; (e) The licensee's signature; (f) The class or type of commercial motor vehicle or vehicles that the person is authorized to drive together with any endorsements or restrictions; (g) The name of this state; (h) The dates between which the license is valid; and (i) Any other information required by the cabinet, except for a person's Social Security number. (2) A commercial driver's license issued under this chapter shall contain a denotation that either: (a) The commercial driver's license is a voluntary travel ID identity document that complies with the security standards set forth by Pub. L. No. 109 -13, Title II, and may be used for identification for federal purposes; or (b) The commercial driver's license shall not be used for federal identification purposes. (3) A commercial driver's license shall be issued with classifications, endorsements, and restrictions. Vehicles that require an endorsement shall not be driven unless the proper endorsement appears on the license and the applicant has passed the knowledge and skills test required by the State Police. (a) Classifications: 1. Class A - Any combination of vehicles with a gross vehicle weight rating of twenty-six thousand and one (26,001) pounds or more, if the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand (10,000) pounds. Licensees with an "A" classification may with the proper endorsement drive Class B and C vehicles; 2. Class B - Any single vehicle with a gross vehicle weight rating of twenty-six thousand and one (26,001) pounds or more, and any vehicle towing a vehicle not in excess of ten thousand (10,000) pounds gros s vehicle weight rating. Licensees with a "B" classification may with the proper endorsements drive Class C vehicles; 3. Class C - Any single vehicle with a gross vehicle weight rating of less than twenty-six thousand and one (26,001) pounds or any vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand (10,000) pounds which includes: a. Vehicles designed to transport sixteen (16) or more passengers, including the driver; or b. Vehicles used in the transportation of hazardo us materials which requires the vehicle to be placarded under 49 C.F.R. secs. 172.500 to 172.560, as adopted by administrative regulations of the cabinet, pursuant to KRS Chapter 13A; 4. Class D - All other vehicles not listed in any other class, including mopeds; and 5. Class M - Motorcycles. Licensees with a "M" classification may also drive mopeds. (b) Endorsements: 1. "H" - Authorizes the driver to operate a vehicle transporting hazardous materials; 2. "T" - Authorizes operation of double trailers and t riple trailers in those jurisdictions allowing the operation of triple trailers; 3. "P" - Authorizes operation of vehicles carrying passengers; 4. "N" - Authorizes operation of tank vehicles; 5. "X" - Authorizes operation of combination of hazardous materi als and tank vehicle endorsements; 6. "R" - Authorizes operation of all other endorsements not otherwise specified; and 7. "S" - Authorizes operation of school buses. (c) The Transportation Cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to outline restrictions on the operation of commercial vehicles and the associated codes to identify such restrictions, which shall appear on the face of the commercial driver's license. (4) Within ten (10) days after issuing a commerc ial driver's license, the cabinet shall notify the commercial driver's license information system of that fact, providing all information required to ensure identification of the person. (5) A commercial driver's license issued to a resident pursuant to th is chapter shall expire in eight (8) years unless the license was issued to a resident under the age of twenty-one (21). (6) A person under the age of twenty -one (21): (a) Shall not be: 1. Licensed to operate a Class A, B, or C vehicle unless he or she has a "K" restriction; or 2. Allowed to operate a school bus; and (b) Who holds a valid CDL may be issued a hazardous materials endorsement to transport hazardous materials in intrastate commerce. (7) A commercial driver with a "K" restriction shall not drive a commercial motor vehicle in interstate commerce, unless he or sh e is exempt pursuant to 49 C.F.R. sec. 391.2. (8) The holder of a commercial driver's license shall be considered to hold a valid Kentucky driver's license issued under the provisions of KRS 186.4102 and 186.412. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 134, sec. 1, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 123, sec. 5, effective July 15, 2024. -- Amended 2018 Ky. Acts ch. 135, sec. 5, effective January 1, 2019. -- Amended 2017 Ky. Acts ch. 100, sec. 32, effective January 1, 2019. -- Amended 2013 Ky. Acts ch. 21, sec. 3, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 28, sec. 6, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 165, sec. 7, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 204, sec. 9, effective April 5, 2002. -- Amended 1994 Ky. Acts ch. 481, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 274, sec. 5, effective April 7, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 17, effective July 1, 1991.

KRS 281A.175 Requirements for school bus endorsement

281A.175. Requirements for school bus endorsement (1) An applicant for a school bus endorsement shall satisfy the following requirements: (a) Qualify for a passenger vehicle endorsement by passing the knowledge and skills test for obtaining a passenger vehicle endorsement; (b) Demonstrate knowledge of loading and unloading children, including the safe operation of stop signal devices, external mirror systems, flashing lights, and other warning and safety devices required for school buses by state or federal law or regulation; (c) Demonstrate knowledge of emergency exits and procedures for safely evacuating passengers in an emergency; (d) Demonstrate knowledge of state and federal laws and regulations related to safely traversing highway rail grade crossings; and (e) Submit to a physical examination at least every twenty-four (24) months in accordance with 49 C.F.R. pt. 391, completed by a medical examiner as defined by 49 C.F.R. pt. 390. (2) An applicant for a school bus endorsement shall take a driving skills test in a school bus of the same vehicle group as the school bus the applicant will drive. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 121, sec. 1, effective June 29, 2023. -- Amended 2013 Ky. Acts ch. 21, sec. 5, effective June 25, 2013. -- Created 2005 Ky. Acts ch. 165, sec. 1, effective June 20, 2005.

KRS 281A.180 Renewal or transfer -- Application for endorsement

281A.180. Renewal or transfer -- Application for endorsement (1) Every person applying for renewal or transfer of a commercial driver's license from another issuing jurisdiction, shall complete an application as required by KRS 281A.140, providing updated information, testing, and required certifications. (2) If a person applies for a renewal or transfer of a commercial driver's license or seeks to add an endorsement, or has a hazardous materials endorsement and applies to retain the endorsement, he shall provide the required medical certificate and take the knowledge test for a hazardous materials endorsement again, unless he provides proof that he has taken and passed the hazardous materials knowledge test within the preceding two (2) years. (3) Every person applying to add an endorsement to his existing commercial driver's license shall complete an application as required by KRS 281A.140, providing updated information and certifications. If the endorsement originally would have required a special knowledge or skills test, he shall successfully complete the test or tests prior to the endorsement being added to his commercial driver's license. Effective: April 5, 2002 History: Amended 2002 Ky. Acts ch. 204, sec. 10, effective April 5, 2002. -- Created 1990 Ky. Acts ch. 455, sec. 18, effective July 1, 1991.

KRS 281A.185 Masking, delaying, or diverting CLP or CDL holder's conviction for violation of state or local traffic control law prohibited -- Exemptions -- Report of conviction

281A.185. Masking, delaying, or diverting CLP or CDL holder's conviction for violation of state or local traffic control law prohibited -- Exemptions -- Report of conviction (1) The Commonwealth shall not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law from appearing on the CDLIS driver record, whether the drive r's conviction was for an offense committed in the Commonwealth or another state. (2) This section shall not apply to the following violations: (a) Parking; (b) Vehicle weight; or (c) Vehicle defect. (3) When any actions under subsection (1) of this sectio n occur, the conviction must be reported from the court to the licensing agency to be recorded on the driver's record and trigger any appropriate disqualifying action. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 134, sec. 2, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 123, sec. 9, effective July 15, 2024. -- Created 2018 Ky. Acts ch. 135, sec. 2, effective July 14, 2018.

KRS 281A.190 Disqualification -- Suspension, revocation, or cancellation -- Right to appeal

281A.190. Disqualification -- Suspension, revocation, or cancellation -- Right to appeal (1) A person who holds or is required to hold a CDL shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if convicted of: (a) Driving or being in physical control of a motor vehicle under the influence of alcohol or a controlled substance; (b) Driving or being in physical control of a motor vehicle while the alcohol concentration of the person's blood or breath or urine is fou r hundredths (0.04) or more; (c) Leaving the scene of an accident involving a motor vehicle driven by a person who holds or is required to hold a CDL; (d) Using a motor vehicle in the commission of any felony listed in KRS 186.560; (e) Refusing to submit to testing as required by KRS 281A.220 when driving a motor vehicle; (f) Committing a first violation of driving a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or canceled, or when the person is disqualified from operating a commercial motor vehicle; or (g) Causing a fatality through negligent or criminal operation of a commercial motor vehicle. (2) A person who holds or is required to hold a CDL shall be disqualified for life if convicted of two (2) or more violations of any of the offenses specified in subsection (1) of this section or any combination of those offenses arising from two (2) or more separate incidents. The provisions of this subsection shall only apply to convictions that occurred after the di squalification dates established by the Federal Motor Carrier Safety Administration. The Transportation Cabinet shall set forth those dates in an administrative regulation promulgated in accordance with KRS Chapter 13A. (3) If any violation specified in subsection (1) of this section occurred while transporting a hazardous material required to be placarded, the person who holds or is required to hold a CDL shall be disqualified for a period of three (3) years. (4) Notwithstanding any other provisions of law, a period of suspension, revocation, or disqualification imposed under the provisions of this chapter shall not be reduced. However, in accordance with the provisions of 49 C.F.R. pt. 383, the cabinet may establish guidelines including conditions under which a disqualification of not less than ten (10) years may be imposed. (5) A person who holds or is required to hold a CDL shall be disqualified from driving a commercial motor vehicle for life if the person is co nvicted of any felony in which a commercial motor vehicle was used and that involved: (a) The manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance; or (b) An act or practice of severe forms of trafficking in persons. (6) A person who holds or is required to hold a CDL shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days consecutively if convicted of three (3) serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three (3) year period. (7) A person who holds or is required to hold a CDL shall be disqualified for the first offense from driving a commercial motor vehicle for six (6) months if the person has been convicted of committing any of those offenses enumerated in KRS 186.610 involving a commercial motor vehicle, commercial driver's license, or application for that license. For the second and each subsequent offense, the person shall be disqualified from operating a commercial motor vehicle for a period of one (1) year. (8) The cabinet shall deny a person a commercial driver's license or shall suspend, revoke, or cancel his or her commercial driving privilege, subject to a hearing conducted in accordance with KRS 189A.107, when the cabinet has reason to believe that the person refused to submit to a test to determine his or her alcohol concentration while driving a commercial motor vehicle. (9) If a person who holds or is required to hold a CDL is convicted of any of the railroad crossing offenses or conduct enumerated in KRS 189.500, 189.560, and 189.565, then the person shall be disqualified from operating a commercial motor vehicle for a period of: (a) Sixty (60) days for the first offense; (b) One hundred twenty (120) days for the second offense within a three (3) year period; and (c) One (1) year for the third or subsequent offense within a three (3) year period. (10) If a person who holds or is required to hold a CDL violates an out-of-service order while transporting nonhazardous materials, then the person shall be disqualified from operating a commercial motor vehicle for a period of: (a) One hundred eighty (180) days for the first offense; (b) Two (2) years for the second offense in a separate incident within a ten (10) year period; and (c) Three (3) years for the third or subsequent offense in a separate incident within a ten (10) year period. (11) If a person who holds or is required to hold a CDL violates an out -of-service order while transporting hazardous materials required to be placarded under the 49 U.S.C. sec. 5101 et seq., or operating a commercial motor vehicle designed to transport sixteen (16) or more passengers, including the driver, then the person shall be disqualified from operating a commercial motor vehicle for a period of: (a) One hundred eighty (180) days for the first offense; and (b) Three (3) years for the second or subsequent offense in a separate incident within a ten (10) year period. (12) A person who violates the provisions of KRS 281A.205 shall be fined fifty dollars ($50) for the first offense. For a subsequent offense, a violator shal l be fined one hundred dollars ($100) and shall have his or her school bus endorsement suspended for a period of six (6) months. (13) After disqualifying a commercial driver's license holder or suspending, revoking, or canceling a commercial driver's license, the Transportation Cabinet shall update its records to reflect that action within ten (10) days of receipt. After disqualifying a commercial driver's license holder or suspending, revoking, or canceling an out-of- state commercial driver's license holder's privilege to operate a commercial motor vehicle for at least sixty (60) days, the Transportation Cabinet shall notify the licensing authority of the state which issued the commercial driver's license or commercial learner's permit with this information within ten (10) days. The notification shall include both the disqualification and the violation that resulted in the disqualification, suspension, cancellation, or revocation. (14) Upon notice from the Federal Motor Carrier Safety Administration that a driver has been determined to be an imminent hazard and has been disqualified from operating a commercial motor vehicle, the cabinet shall act in accordance with the provisions of 49 C.F.R. sec. 383.52. The cabinet shall notify the driver of the disqualification, which shall not exceed one (1) year in duration, and of the right to appeal to the Federal Motor Carrier Safety Administration in accordance with 49 C.F.R. sec. 383.52. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 7, effective July 15, 2024. -- Amended 2007 Ky. Acts ch. 28, sec. 7, effective June 26, 2007; and ch. 138, sec. 2, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 165, sec. 8, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 318, sec. 210, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 274, sec. 6, effective April 7, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 19, effective July 1, 1991.

KRS 281A.200 Repealed, 2002

281A.200. Repealed, 2002 Catchline at repeal: Application made between January 1, 1991, and April 1, 1992 -- Expiration -- Fees prorated -- Medical waiver. History: Repealed 2002 Ky. Acts ch. 204, sec. 12, effective April 5, 2002. -- Amended 1992 Ky. Acts ch. 11, sec. 3, effective February 20, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 20, effective January 1, 1991.

KRS 281A.205 Operation of school bus while using cellular telephone prohibited -- Exceptions

281A.205. Operation of school bus while using cellular telephone prohibited -- Exceptions (1) As used in this section, "cellular telephone" means a cellular, analog, wireless, or digital telephone. (2) A person shall not operate a school bus, as defined in KRS 281A.010, on any highway while using a cellular telephone while the bus is in motion and transporting one (1) or more children, except for communications made to and from a central dispatch, school transportation department, or its equivalent when the bus is not equipped with a functioning two (2) way radio. (3) Notwithstanding subsection (2) of this section, a person operating a school bus shall be allowed to use a cellular telephone in the event of a bona fide emergency. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 138, sec. 1, effective June 26, 2007.

KRS 281A.210 Operating commercial vehicle while under the influence of alcohol or other controlled substance

281A.210. Operating commercial vehicle while under the influence of alcohol or other controlled substance (1) Notwithstanding any other provision of this chapter, a person shall not drive a commercial motor vehicle within this state while having any measurable or detectable amount of alcohol or other controlled substances in his system. (2) A person who drives a commercial motor vehicle within this state while having any detectable amount of alcohol or controlled substance in his system or who refuses to submit to the test required in KRS 281A.220, shall be placed out of service for twenty-four (24) hours. (3) A person who drives a commercial motor vehicle within this state with an alcohol concentration of four hundredths (0.04) or more shall be deemed to be operating a vehicle under the influence. (4) A person who drives a commercial motor vehicle within this state with an alcohol concentration of four hundredths (0.04) or more, or who refused to submit to the test required in KRS 281A.220, in addition to any other sanctions that may be imposed under this chapter shall be disqualified from driving a commercial motor vehicle under KRS 281A.190. Effective: April 7, 1992 History: Amended 1992 Ky. Acts ch. 274, sec. 7, effective April 7, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 21, effective July 1, 1991.

KRS 281A.220 Testing to determine alcohol concentration or presence of other controlled substances

281A.220. Testing to determine alcohol concentration or presence of other controlled substances (1) A person who drives a commercial motor vehicle within this state shall be deemed to have given his consent to take a test or tests of his blood, breath, or urine for the purpose of determining alcohol concentration, or the presence of other drugs. (2) A test or tests may be administered in accordance with the provisions of KRS 189A.103 at the direction of a law enforcement officer, who after stopping or detaining the commercial motor vehicle driver has reasonable cause to believe that driver was driving a commercial motor vehicle while having alcohol or drugs in his system. A urine test shall be a test of last resort under the provisions of this section. The pretrial suspension provisions and implied consent provisions of KRS Chapter 189A shall be applicable to this section. Effective: April 7, 1992 History: Amended 1992 Ky. Acts ch. 284, sec. 8, effective April 7, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 22, effective July 1, 1991.

KRS 281A.230 Preliminary breath test -- Field sobriety test

281A.230. Preliminary breath test -- Field sobriety test (1) Law enforcement agencies may administer preliminary breath tests using devices or equipment which shall ensure an accurate determination of alcohol concentration. The tests may be administered in the field to a person suspected of operating a commercial vehicle in violation of KRS 281A.210 before the person is arrested. These tests may be administered in addition to any other blood alcohol level test authorized by law. A person's refusal to take a preliminary breath test shall not be used against him in a court of law nor in any administrative proceeding for a license suspension. This preliminary test shall not be in lieu of any requested blood, urine, or breath test required by any other statute. (2) Law enforcement agencies may record on film or video tape or by other visual or audible means field sobriety tests administered at the scene of an arrest for violation of KRS 281A.210 or such tests at a police station, jail, or other suitable facility. Effective: July 1, 1991 History: Created 1990 Ky. Acts ch. 455, sec. 23, effective July 1, 1991.

KRS 281A.240 Recognition of commercial driver's license or permit of foreign jurisdiction -- Effect of foreign convictions

281A.240. Recognition of commercial driver's license or permit of foreign jurisdiction -- Effect of foreign convictions (1) Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle in this state if the person has a valid commercial driver's license or commercial learner's permit issued by any state, Canada, or Mexico in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses, if: (a) The person's driving privilege is not suspended, revoked, or canceled; and (b) The person is not disqualified from driving a commercial motor vehicle or subject to an out-of-service order. (2) The Commonwealth of Kentucky shall give all out -of-state convictions full faith and credit and treat them for sanctioning purposes under this chapter as if they occurred in this state. Except as otherwise provided, when in this chapter reference is made to an offense which is a violation of a provision of this chapter or other Kentucky state law, the reference shall be deemed to include offenses under any local ordinance, any federal law, any law, or local ordinance of another state substantially similar to any provision of the Kentucky Revised Statutes. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 13, effective July 15, 2024. -- Amended 2007 Ky. Acts ch. 28, sec. 8, effective June 26, 2007. -- Created 1990 Ky. Acts ch. 455, sec. 24, effective July 1, 1991.

KRS 281A.250 Repealed, effective April 7, 1992

281A.250. Repealed, effective April 7, 1992 Catchline at repeal: Nonresident commercial driver's license. History: Repealed 1992 Ky. Acts ch. 274, sec. 13, effective April 7, 1992. -- Created 1990 Ky. Acts ch. 455, sec. 25, effective July 1, 1990.

KRS 281A.260 Agreements to aid in administration of chapter

281A.260. Agreements to aid in administration of chapter The Commonwealth may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 455, sec. 26, effective July 13, 1990.

KRS 281A.270 Adoption of requirements in 49 C.F.R. pt. 383

281A.270. Adoption of requirements in 49 C.F.R. pt. 383 The Transportation Cabinet may adopt those federally mandated requirements set forth in 49 C.F.R. pt. 383, notwithstanding the fact that the provisions may conflict with other provisions of this chapter. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 8, effective July 15, 2024. -- Amended 2007 Ky. Acts ch. 28, sec. 9, effective June 26, 2007. -- Created 1990 Ky. Acts ch. 455, sec. 34, effective July 13, 1990.

KRS 281A.280 Short title for KRS 281A.010 to 281A.280

281A.280. Short title for KRS 281A.010 to 281A.280 KRS 281A.010 to 281A.280 shall be known as the "Kentucky Commercial Driver's License Act." Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 455, sec. 38, effective July 13, 1990.

KRS 281A.290 Prohibition against termination of certain Transportation Cabinet employees for failure to hold commercial driver's license -- Exception -- Requirement for employment

281A.290. Prohibition against termination of certain Transportation Cabinet employees for failure to hold commercial driver's license -- Exception -- Requirement for employment (1) The Transportation Cabinet shall not terminate the services of any employee in a job classification which requires a valid commercial driver's license if: (a) The employee has never held an operator's license; (b) The employee is not eligible for a medical waiver to operate a commercial vehicle; (c) The employee's driving record as of March 31, 1992, precludes the issuance of a commercial driver's license; (d) The employee's job description, as of April 1, 1992, does not require a commercial driver's license; (e) The employee retires by December 31, 1992. (2) The Transportation Cabinet may terminate the employment of any employee whose job classification requires a commercial driver's license as of April 1, 1992, if the employee holds a valid Kentucky driver's license, but has failed to apply for a commercial driver's license and refuses to make an effort to take the necessary tests to obtain a commercial driver's license. (3) The Transportation Cabinet shall not require a person to possess a commercial driver's license at the time of employment, but any employee who is required to obtain a commercial driver's license as a requirement for a job classification shall obtain the license prior to the expiration of the employee's six (6) month probationary period. Effective: April 10, 1992 History: Created 1992 Ky. Acts ch. 411, sec. 1, effective April 10, 1992.

KRS 281A.300 Criminal history background check for commercial driver's licenses and permits -- Administrative regulations -- Fees

281A.300. Criminal history background check for commercial driver's licenses and permits -- Administrative regulations -- Fees (1) (a) Any person initially applying for, or renewing, a Kentucky CDL or CLP shall be required to undergo a state and nati onal criminal history background check of state and federal wanted or "hot file" records conducted by the State Police. (b) All initial and renewal application forms for a Kentucky CDL or CLP shall conspicuously state the following: "STATE LAW REQUIRES A S TATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF APPLYING FOR A KENTUCKY CDL. ANY PERSON WHO REFUSES TO SUBMIT TO A CRIMINAL HISTORY BACKGROUND CHECK SHALL NOT BE ELIGIBLE TO APPLY FOR, OR BE ISSUED, A KENTUCKY CDL." (2) The results of the state and national criminal history background checks shall be sent to the cabinet for review within seventy -two (72) hours. An applicant for a CLP may enroll in a commercial driver training program under the Kentucky Community and Technical College System or a proprietary school licensed under KRS Chapter 165A, and may be issued a CLP upon enrollment, however the status of the applicant retaining the CLP shall not be determined until the results of the background checks are made available to the cabin et. The cabinet shall inform an applicant, based upon the criminal history background check, of the applicant's eligibility to be issued a CLP or CDL. The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to specify con ditions that will cause a person to be denied a CLP or CDL based upon the person's criminal history background check. (3) Any fee charged by the State Police to conduct a criminal history background check shall be paid by the applicant and shall not be ref undable. Any fee charged to conduct a criminal history background check shall be an amount not greater than the actual cost of processing the request and conducting the search. (4) The criminal history background checks required by this section shall be in addition to any type of background check that may be required by federal statute, rule, regulation, or order. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 123, sec. 14, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 51, sec. 32, effective March 27, 2020. -- Amended 2007 Ky. Acts ch. 85, sec. 289, effective June 26, 2007. -- Created 2002 Ky. Acts ch. 204, sec. 2, effective April 5, 2002. Legislative Research Commission Note (6/26/2007). Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

KRS 281A.310 Repealed, 2024

281A.310. Repealed, 2024 Catchline at repeal: Commercial driver's licenses and permits for nonresidents enrolled in instruction programs. History: Repealed 2024 Ky. Acts ch. 123, sec. 42, effective July 15, 2024. -- Created 2002 Ky. Acts ch. 204, sec. 3, effective April 5, 2002.

KRS 281A.320 Applications for renewal and endorsement of commercial driver's licenses -- Information for criminal background check -- Fees

281A.320. Applications for renewal and endorsement of commercial driver's licenses -- Information for criminal background check -- Fees Any person initially renewing a commercial driver's license or adding an endorsement after September 30, 2002, shall apply for the renewal at least thirty (30) days prior to the expiration date of the license. The purpose of the early renewal procedures is to ensure the criminal history background check required under KRS 281A.300 may be completed prior to the expiration date on the license. A person may obtain the information necessary to conduct the criminal history background check from the cabinet. If the person has a law enforcement agency other than the State Police conduct the background check, the law enforcement agency may charge the person a nonrefundable fee for the service. Any fee charged by any law enforcement agency to conduct a criminal history background check shall be an amount not greater than the actual cost of processing the request and conducting the search. Effective: March 27, 2020 History: Amended 2020 Ky. Acts ch. 51, sec. 33, effective March 27, 2020. -- Amended 2007 Ky. Acts ch. 85, sec. 290, effective June 26, 2007. -- Created 2002 Ky. Acts ch. 204, sec. 11, effective September 30, 2002.

KRS 281A.0901 Requirement for cabinet to extend state deadlines by administrative regulations if federal deadlines are extended

281A.0901. Requirement for cabinet to extend state deadlines by administrative regulations if federal deadlines are extended (1) If the United States Department of Transportation extends the date by which all commercial drivers are required to have a commercial driver's license, the Transportation Cabinet shall by administrative regulation extend the effective date of KRS 281A.090 to match the extended federal date. (2) If the United States Department of Transportation extends the date for allowing the skills portion of the commercial driver's license test to be waived, the Transportation Cabinet shall by administrative regulation extend the effective date of the waiver to match the extended federal date. (3) If the United States Department of Transportation extends the date for allowing a state to issue an intrastate medical waiver, the Transportation Cabinet shall by administrative regulation continue to accept applications for medical waivers and, as appropriate, issue intrastate medical waivers until the extended federal date. Effective: April 7, 1992 History: Created 1992 Ky. Acts ch. 274, sec. 11, effective April 7, 1992.

KRS 281A.2102 Additional penalties for driving commercial motor vehicle under the influence of alcohol

281A.2102. Additional penalties for driving commercial motor vehicle under the influence of alcohol In addition to the penalties established by this chapter for driving a commercial motor vehicle under the influence of alcohol: (1) Any person convicted of driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath is four hundredths (0.04) to eight hundredths (0.08) shall be fined not less than twenty dollars ($20) and not more than fifty dollars ($50). (2) Any person convicted of driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath is greater than eight hundredths (0.08) shall be fined under the provisions of KRS 189A.010(5)(a) to (d). Effective: October 1, 2000 History: Amended 2000 Ky. Acts ch. 467, sec. 23, effective October 1, 2000. -- Created 1998 Ky. Acts ch. 446, sec. 1, effective July 15, 1998.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38619Fetched: 10/20/2026