TRANSPORTATION CABINET

Department of Vehicle Regulation

Division of Motor Carriers

(As Amended at ARRS, May 13, 2014)

 

      601 KAR 1:230. Education and safety training for motor carrier operations.

 

      RELATES TO: KRS 281.900, 281.905, 29 C.F.R. 1910, 49 C.F.R. 40.1 to 40.413, 100-185, 382.101 - 382.605, 383.1 - 383.155, 390.1- 390.46, 399.201-399.211

      STATUTORY AUTHORITY: KRS 281.900, 281.907

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.900 authorizes the Kentucky Motor Carrier Advisory Committee to advise the executive and legislative branches of government on motor carrier issues. KRS 281.907 requires the committee to promulgate an administrative regulation to establish standards for educational training courses and safety requirements related to motor carrier operations. This administrative regulation establishes the requirements for training courses, the standards for instructors, and the duties of the Motor Carrier Advisory Committee (["]committee["]) in monitoring the training.

 

      Section 1. Training Courses. (1) A course in motor carrier operations and safety shall be required for:

      (a) A motor carrier that registers or renews a Kentucky International Registration Plan license plate; or

      (b) An intrastate motor carrier that registers or renews a motor vehicle with a gross weight in excess of 26,000 pounds.

      (2) A representative of the motor carrier considered eligible for the training course shall include[the]:

      (a) The owner of a motor carrier company;

      (b) The individual employee responsible for safety management; or

      (c) Another person or persons within the company assigned by the safety officer to be trained.

      (3) An independent contractor or consultant shall not be considered a representative of the carrier eligible for the training course.

      (4) A motor carrier shall complete[the following training hours] annually:

      (a) Four (4) hours classroom training; or

      (b) Two (2) hours online training.

 

      Section 2. Application for Designation. (1) An educational organization or an association whose members are motor carriers may apply to the committee for designation to conduct training.

      (2) An applicant for designation to provide training shall submit a completed Application for Providers and Courses for Motor Carrier Training, TC 95-626, to the Motor Carrier Advisory Committee.

      (a) The completed Application for Providers and Courses for Motor Carrier Training, TC 95-626, shall be received at least seven (7) days prior to the next committee meeting in order to be considered at that meeting.

      (b) A completed Application for Providers and Courses for Motor Carrier Training, TC 95-626, received after the deadline established in paragraph (a) of this subsection shall be considered at the next committee meeting.

      (3) An applicant shall be qualified to transact business in Kentucky by appropriate filings in the office of the Kentucky Secretary of State.

      (4) An Application for Providers and Courses for Motor Carrier Training, TC 95-626, shall be reviewed by the committee within ninety (90) days of submission.

      (5) An applicant and classroom instructor shall have at least two (2) years of experience in commercial truck safety training.

      (6) An applicant shall offer training on-line and in a classroom setting and offer a classroom training course in each of the twelve (12) highway districts at least one (1) time per calendar year.

      (7) On request, the committee shall receive a copy of the training advertising materials from the approved provider.

      (8) An applicant shall provide an interactive web service and the capability to transmit data electronically within six (6) hours of course completion ensuring that the cabinet may electronically monitor or track online motor carrier training.

      (9) An applicant designated to conduct training shall be recertified by the committee every two (2) years.

 

      Section 3. Course Requirements. (1) Classroom training shall be a minimum of four (4) hours in length.

      (2) Online training shall be a minimum of two (2) hours in length.

      (3) A training course shall include at least one (1) of the following:

      (a) Information included in the Federal Motor Carrier Safety Regulation, 49 C.F.R. 40.1 - 40.413, 382.101 - 382.605, 383.1-383.155, 390.1-390.46, and 399.201-399.211;

      (b) Information included in 29 C.F.R. 1910, the Federal Occupational Safety and Health administrative regulations;

      (c) Information related to federal hazardous materials included in 49 C.F.R. Parts 100-185;

      (d) An overview of the cabinet's Department of Vehicle Regulation and information related to commercial trucks and drivers; or

      (e) Commercial truck driver safety training.

 

      Section 4. Guidelines for Classroom Management. (1) A training course shall be available to motor carriers operating in Kentucky subject only to space limitations.

      (2) In December of each calendar year, a provider shall submit to the committee a continuing education classroom schedule for the upcoming year that identifies the:

      (a) Course provider;

      (b) Course title and content; and

      (c) Date, time, and location of the class.

      (3) A provider shall maintain a classroom roster that shall be available to the committee upon request.

      (4) Except in cases of emergency, such as inclement weather, a provider shall notify the committee and the motor carriers registered for scheduled classroom training thirty (30) days prior to a change in the scheduled classroom location, date, or time.

      (5) Following the course, a provider shall perform trainee testing to insure and demonstrate an understanding of the course material.

      (6) A provider shall issue a completion of training certificate that includes the:

      (a) Name of course;

      (b) Date;

      (c) Motor carrier name and address;

      (d) Motor carrier DOT number; and

      (e) Provider contact information.

      (7) Certification to conduct training courses shall be withdrawn by the committee for:

      (a) An action by an instructor that results in a civil or criminal judgment that may impact or impair the instructor’s ability to teach the course[contrary to state law];

      (b) Deliberate falsification of information submitted to the committee; or

      (c) Conducting a course that is not preapproved.

      (8) A member of the committee or a designee may monitor a class offered by the provider at any time without cost.

 

      Section 5. Appeal Process. (1) An applicant whose approval is denied or a provider whose certification is withdrawn may appeal the committee's decision.

      (2) An appeal shall be:

      (a) In writing;

      (b) Received by the committee with thirty (30) days from the date of the decision denying approval or withdrawing certification; and

      (c) Conducted in accordance with KRS Chapter 13B.

 

      Section 6. Incorporation by Reference. (1) "Application for Providers and Courses for Motor Carrier Training," TC 95-626, May[January,] 2014, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Carriers, 200 Mero Street, Frankfort, Kentucky 40622. This material may also be obtained by accessing the cabinet's Web site at http://transportation.ky.gov/.

 

MICHAEL W. HANCOCK, P. E., Secretary

RODNEY KUHL, Commissioner

D. ANN DANGELO, Office of Legal Services

      APPROVED BY AGENCY: February 19, 2014

      FILED WITH LRC: February 20, 2014 at noon

      CONTACT PERSON: D. Ann DAngelo, Asst. General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, phone (502) 564-7650, fax (502) 564-5238.