HB 693 — AN ACT relating to driver licensing and declaring an emergency.

UNOFFICIAL COPY 22 RS BRHB 2284693/GA AN ACT relating to trainingdriver forlicensing commercial driver's license holders and declaring an emergency.

(4) "CDL driver training school" means any person, firm, partnership, association, educational institution, establishment, agency, organization, or corporation, with the exception of an entryentry-level level driver training provider, that offers CDL driver training to persons desiring to obtain a Kentucky CDL in order to operate a commercial motor vehicle and for which a fee or tuition is charged;

(7) "Entry"Entry-level level driver training" means a federally mandated course of instruction for new CDL applicants as outlined in 49 C.F.R.

(8) "Entry"Entry-level level driver training provider" means an entity that is certified by the Federal Motor Carrier Safety Administration as a training provider under 49 C.F.R.

380.700 to 380.725 that is limited solely to providing entryentry-level level driver training;

(9) "Formal complaint" means a written statement filed on a form specified by the Page 1 of 4 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 2284 commission in which the complainant alleges that a school has violated a Kentucky Page 1 of 9 HB069310.100 - 2284 - XXXX GA UNOFFICIAL COPY 22 RS HB 693/GA statute or administrative regulation and has negatively impacted the complainant, and resolution is requested by the commission;

or (e) A school or educational institution licensed or approved by or a course or Pagecourses 2 of 4study XXXXor Jacketedinstruction UNOFFICIALsponsored COPYby 22the RSKentucky BRBoard 2284of coursesBarbering Page 2 of study9 orHB069310.100 instruction- sponsored2284 by- theXXXX KentuckyGA BoardUNOFFICIAL ofCOPY Barbering22 RS HB 693/GA established by KRS 317.430, the Kentucky Board of Cosmetology established by KRS 317A.030, the Kentucky Board of Nursing established by KRS 314.121, the Kentucky Board of Embalmers and Funeral Directors established by KRS 316.170, or the Kentucky Council on Postsecondary Education established by KRS 164.011;

(2) EntryEntry-level level driver training providers are exempt from the provisions of this Page 3 of 4 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 2284 chapter and shall instead comply with the requirements set forth in 49 C.F.R.

Page 3 of 9 HB069310.100 - 2284 - XXXX GA UNOFFICIAL COPY 22 RS HB 693/GA secs.

WhereasKRS recently281A.160 enacted federal requirements for entry-level driver training have exacerbated already existing shortages of qualified commercial vehicle operators, an emergency is declaredamended to exist,read andas thisfollows: Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.

Page(1) 4(a) Except as provided in subsection (4) of 4this XXXXsection, Jacketedthe State Police shall be responsible for administering both the knowledge and skills test required by KRS 281A.130.

(b) Applicants who fail the written knowledge test shall be permitted to retake the written test on the next day the tests are administered.

Applicants who fail the written test six (6) times shall be required to wait three (3) days before taking the knowledge test again.

Applicants who subsequently fail the written test three (3) additional times shall be required to wait three (3) days prior to retaking the test.

(2) (a) Except as provided for in subsection (3) of this section, at the time a CDL permit is issued:

1.

An applicant who has held a Kentucky operator's license for thirty (30) days or longer shall pay a skills-testing fee of fifty dollars ($50);

and 2.

An applicant who has held a Kentucky operator's license for less than thirty (30) days shall pay a skills-testing fee of one hundred fifty dollars ($150).

(b) 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 subsections (2)(a) and (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.

Page 4 of 9 HB069310.100 - 2284 - XXXX GA UNOFFICIAL COPY 22 RS HB 693/GA (c) The State Police, upon request of an applicant who has passed both the vision and knowledge tests, may schedule the applicant for the skills test at the first available test date at a test site designated by the State Police but not less than fourteen (14) days after the applicant has filed the application and been issued a CDL permit.

Except in extenuating circumstances, a retest for a failed portion of the skills test shall be given within three (3) days of a request of a retest.

(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 Title 49, Code of Federal Regulations, Part 383.75, as adopted by the Transportation Cabinet.

(5) The State Police shall promulgate administrative regulations under KRS Chapter 13A that establish procedures that ensure an arm's-length relationship is maintained Page 5 of 9 HB069310.100 - 2284 - XXXX GA UNOFFICIAL COPY 22 RS HB 693/GA 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.