601 KAR 11:080.

Limited commercial driver's license for farm-related service industries.

 

      RELATES TO: KRS

186.531, Chapter 281A, 49 C.F.R. Part 383

      STATUTORY

AUTHORITY: KRS 186.400, 281A.040, 281A.150, 281A.0901, 49 C.F.R. Part 383

      NECESSITY,

FUNCTION, AND CONFORMITY: The Federal Highway Administration on April 17, 1992

published in the "Federal Register" a notice that it was allowing

limited waivers from some of the provisions of 49 CFR Part 383 relating to the

commercial driver's license (CDL) for certain employees of custom harvesters,

farm retail outlets and suppliers, agrichemical businesses and livestock

feeders. Each state is allowed to waive, at its option, these employees from

the commercial driver's license knowledge and skills testing requirements and

issue these employees limited CDL's for a seasonal period. The Transportation

Cabinet has made a commitment to the motor carrier industry to be no more

stringent than required by FHWA in the implementation in Kentucky of the

commercial driver's license program. Since FHWA has determined that the

granting of this limited authority waiver would not be contrary to the public

interest and would not diminish the safe operation of commercial motor

vehicles, the Kentucky Transportation Cabinet, through this administrative

regulation, adopts this waiver program.

 

      Section 1.

Definitions. "Farm-related service industry" means a custom

harvester, a farm retail outlet or supplier, an agrichemical business or a

livestock feeder.

 

      Section 2.

Eligibility Requirements. (1) A commercial driver employed by a farm-related

service industry may apply for a farm-related service industry limited

commercial driver's license.

      (2) To be

eligible for the limited farm-related service industry commercial driver's

license, the applicant shall:

      (a) Possess a

valid Kentucky motor vehicle operator's license issued pursuant to KRS Chapter

186;

      (b) Have been a

Kentucky licensed motor vehicle operator for at least one (1) year;

      (c) Be at least

eighteen (18) years of age;

      (d) Have a

current medical certificate as provided by 601 KAR 1:005;

      (e) Pass the

vision test for commercial drivers administered by the Kentucky State Police;

      (f) Not have had

his driving privilege suspended, canceled, revoked or otherwise withdrawn for

any reason during the preceding two (2) years;

      (g) Not have had

during the preceding two (2) years a conviction in any type of motor vehicle of

any of the following:

      1. Driving under

the influence of alcohol or other substance which may impair one's driving ability;

      2. Leaving the

scene of an accident;

      3. Committing

any felony involving a motor vehicle;

      4. Speeding

fifteen (15) miles per hour or more above the speed limit;

      5. Reckless

driving;

      6. Improper or

erratic lane changes;

      7. Following too

closely; or

      8.

Accident-related traffic law violation;

      (h) Not have had

an at-fault accident within the immediately preceding two (2) years; and

      (i) Not be the

holder of any type commercial driver's license.

      (3) In place of

the medical certificate and vision test, the applicant may have been issued a

medical waiver pursuant to 601 KAR 11:040.

      (4) The

applicant shall not be required to submit to the knowledge or skills test

required of other CDL applicants.

 

      Section 3.

Application for the Limited CDL. (1) Application for the limited farm-related

service industry commercial driver's license shall be made on form TC 94-17,

"Farm-Related Services Restricted CDL Application", as effective

January, 1994. This form is incorporated by reference as a part of this administrative

regulation.

      (2) The

completed application shall be submitted to the driver license issuing office

of the jurisdictional circuit court clerk.

      (3) The holder

of a valid operator's license who has less than six (6) months until his

scheduled renewal of his operator's license may apply for an early renewal of

his operator's license at the same time he applies for a limited farm-related

services commercial driver's license.

      (4) The form TC

94-17 incorporated by reference in subsection (1) of this section may be

viewed, copied or obtained from the Division of Driver Licensing, Second Floor,

State Office Building, Frankfort, Kentucky 40622 or the driver license issuing

office of any circuit court clerk. The telephone number of the Division of

Driver Licensing is (502) 564-6800. Its hours of business are 8 a.m. to 4:30

p.m. eastern time on weekdays.

 

      Section 4.

Validity of the Limited CDL. (1) A qualified applicant may apply for any one

(1) of the following limited farm-related service industry commercial driver's

licenses:

      (a) One (1)

valid for sixty (60) days;

      (b) One (1)

valid for 120 days; or

      (c) One (1)

valid for 180 days.

      (2) A person

shall not possess a limited farm-related service industry commercial driver's

license for more than 180 days in any twelve (12) month period.

      (3) If the

limited farm-related service industry commercial driver's privilege to operate

any motor vehicle expires, is cancelled, or is withdrawn for any reason, his

limited commercial driving privilege shall be terminated at the same time.

      (4) A limited

farm-related commercial driver who has at least sixty (60) additional days'

time of eligibility in the twelve (12) month period may apply to the driver

licensing issuance office of the circuit clerk for an extension of his limited

farm-related service industry commercial driving privilege. Prior to issuing

the extension to his limited commercial driving privilege, his driving history

record shall be examined for eligibility with the requirements of Section 2 of

this administrative regulation.

      (5) A limited

farm-related service industry commercial driver's license shall not be valid

for the operation of a class "A" vehicle as defined in KRS 281A.170.

      (6) A limited

farm-related service industry commercial driver's license shall only be valid

within 150 highway miles of the employing farm-related service industry.

      (7) A limited

farm-related service industry commercial driver's license shall not be valid

for those commercial drivers transporting hazardous materials as defined in 601

KAR 1:025 except the following:

      (a) 1000 gallons

or less of diesel fuel; or

      (b) Anhydrous

ammonia or other types of liquid fertilizer transported in a vehicle or

implement of husbandry with a total capacity of 3000 gallons or less;

      (c) Solid fertilizer

in any quantity.

      (8) A limited

farm-related service industry commercial driver's license shall only be valid

if accompanied by a valid operator's license displaying the following:

      (a) An

"F" restriction; and

      (b) Either a

"B" or "C" class commercial driver's license.

 

      Section 5. Fees.

(1) Each year at the initial application pursuant to Section 4(1) of this

administrative regulation, the applicant for a limited farm-related service

industries commercial driver's license shall pay a ten (10) dollar fee to the

circuit court clerk for the issuance of the photo farm services CDL which shall

be accompanied by the operator's license.

      (2) The

applicant for a duplicate or extension to the farm services commercial driver's

license during a twelve (12) month period in which he has already paid the fee

specified in subsection (1) of this section shall pay a fee of three (3)

dollars to the circuit court clerk for the issuance of a new limited

farm-related service industries commercial driver's photo license which shall

be attached to the motor vehicle operator's license. (20 Ky.R. 2931; eff.

6-23-94.)