TRANSPORTATION CABINET

Department of Vehicle Regulation

Division of Driver Licensing

(Amendment)

 

††††† 601 KAR 11:030. Restrictions and endorsements on commercial driver's licenses.

 

††††† RELATES TO: KRS 281A.010 - 281A.320[KRS Chapter 281A]

††††† STATUTORY AUTHORITY: KRS 281A.010,[KRS] 281A.040, 281A.170

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.040 authorizes the Transportation Cabinet to promulgate administrative regulations necessary to carry out the provisions of KRS Chapter 281A. KRS 281A.170 requires the cabinet to promulgate an administrative regulation that outlines the restrictions on the operation of commercial vehicles and the associated codes that identify the restrictions. This administrative regulation establishes the restrictions required for operating a commercial vehicle and establishes the associated codes that identify the restrictions[KRS 281A.170 sets forth some of the restrictions which may be placed on a commercial driver's license. It further allows the Transportation Cabinet to impose other restrictions as necessary. The standard additional restrictions which may be imposed are set forth in this administrative regulation. While KRS 281A.170(2)(c)4 indicates that the restrictions not listed in statute shall be identified as 1 - 13, the numeric restriction identifiers will relate only to physical restrictions as is currently done on an operator's license. Alpha identifiers were used in KRS 281A.170 for restrictions relating to commercial vehicle equipment. The National Driver Register has requested that additional commercial vehicle restrictions be identified. For consistency, alpha restrictions will be used. Therefore, both alpha and numeric restrictions in addition to the "K" = no airbrakes; "I" = intrastate driving only and "S" = school buses only restrictions listed in KRS 281A.170 are identified in this administrative regulation].

 

††††† Section 1. Numeric Restrictions. The numeric restrictions[regularly used] on the face of a commercial driver's license establish[shall relate to] the physical restrictions required for a[of the] commercial driver. The numeric restrictions shall be as established in Table 1 of this section.[the following:]

Table 1

1

Requires Corrective Lenses to be Worn While Operating a Commercial Vehicle

2

Restricts Driver to a Vehicle Equipped with Power Brakes

3

Restricts Driver to a Vehicle Equipped with an Automatic Transmission

4

Restricts Driver to Daylight Driving Only

5

Restricts Driver to a Vehicle Equipped with Power Steering

6

Restricts Driver to a Vehicle Equipped with a Hand Accelerator

7

Restricts Driver to a Vehicle Equipped with a Hand Brake

8

Establishes Specialized Restrictions

††††† ["1" - corrective lenses required to be worn.

††††† "2" - restricts the driver to a vehicle equipped with power brakes.

††††† "3" - restricts the driver to a vehicle equipped with an automatic transmission.

††††† "4" - restricts the driver to daylight driving only.

††††† "5" - restricts the driver to a vehicle equipped with power steering.

††††† "6" - restricts the driver to a vehicle equipped with a hand accelerator.

††††† "7" - restricts the driver to a vehicle equipped with a hand brake.

††††† "8" - other restrictions imposed.]

 

††††† Section 2. Alpha Restrictions. (1) The alpha restrictions[regularly]on the face of a commercial driver's license and commercial driverís permit shall establish[used on a commercial driver's license shall relate to] the restrictions pertaining to[on] the type[types] of commercial vehicle the driver shall be[is] allowed to operate[with the exception of the "K", "I", and "S" restrictions set forth in KRS 281A.170(2)(c)4].

††††† (2) The alpha restrictions for a commercial driverís license shall be as established in Table 2 of this subsection.

Table 2

L

Non Air Brake Equipped Commercial Motor Vehicle

Z

Non Full Air Brake Equipped Commercial Motor Vehicle

E

Non Manual Transmission Equipped Commercial Motor Vehicle

O

Non Tractor Trailer Commercial Motor Vehicle

M

Non Class A Passenger Vehicle

N

Non Class A and B Passenger Vehicle

K

Intrastate Only

V

Medical Variance

††††† (3) The alpha restrictions for a commercial driverís permit shall be as established in Table 3 of this subsection.

Table 3

P

Non Passenger in a Commercial Motor Vehicle Bus

X

Non Cargo in a Commercial Motor Vehicle Tank Vehicle

†††††

††††† Section 3. "F" Restriction. The "F" restriction shall appear [only]on a[the]commercial driver's license issued[on a limited basis]to an employee of a farm-related service industry pursuant to[as set forth in] 601 KAR 11:080.

 

RODENY KUHL, Commissioner

MIKE HANCOCK, Secretary

D. ANN DANGELO, Office of Legal Services

††††† APPROVED BY AGENCY: June 16, 2014

††††† FILED WITH LRC: June 17, 2014 at noon

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 21, 2014 at 10:00 a.m. local time at the Transportation Cabinet, Transportation Cabinet Building, Hearing Room C121, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) working days prior to the hearing, of their intent to attend. If you have a disability for which the Transportation Cabinet needs to provide accommodations, please notify us of your requirement five working days prior to the hearing. This request does not have to be in writing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the close of business, September 2, 2014. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

††††† 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.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

††††† Contact Person: Ann DAngelo

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the restrictions required for operating a commercial vehicle and the associated codes to identify the restrictions.

††††† (b) The necessity of this administrative regulation: KRS 281A.170 requires the cabinet to promulgate an administrative regulation that outlines the restrictions on the operation of commercial vehicles and the associated codes that identify the restrictions.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms with KRS 281A.170 by establishing the restrictions and the associated codes for the drivers of commercial vehicles as required.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will update the present standards and restrictions to better inform the general public.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: This amendment will both update the language to better conform with KRS 13A, and add the most current tables of numeric and alpha restrictions.

††††† (b) The necessity of the amendment to this administrative regulation: This administrative regulation has not been amended since 1994. This amendment is necessary to update the administrative regulation in conformity with recent statutory changes made to KRS 281A.010.

††††† (c) How the amendment conforms to the content of the authorizing statutes: The statute requires the cabinet to promulgate administrative regulations that outline restrictions on the operation of commercial vehicle and the codes that identify the restrictions.

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment will inform the public of the most current restrictions and codes.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation will affect the cabinet's Department of Motor Vehicles, drivers of commercial vehicles in the state of Kentucky, trucking companies, and law enforcement officials.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Commercial drivers will have the new restrictions added to their CDL at their next scheduled visit to their Circuit Clerk offices. The entities will have to learn the definitions for the new restriction codes.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will not be an additional cost.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Drivers of commercial vehicles in Kentucky will have the most current information.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement the administrative regulation:

††††† (a) Initially: $175,000

††††† (b) On a continuing basis: There will be no continuing yearly costs.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Federal grant money.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No fees are established or increased by this regulation either directly †††† or indirectly.

††††† (9) TIERING: Is tiering applied? No. Tiering is not applied. The alpha and numeric restrictions in the administrative regulation apply equally to all drivers of commercial vehicles.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? KYTC Division of Driver Licensing.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 281A.010, 281A.040

††††† (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. There will not be an effect on expenditures or revenues.

††††† (a) How much revenue will this administrative regulation generate for the state or local ††† government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation will not generate revenue.

††††† (b) How much revenue will this administrative regulation generate for the state or local ††† government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation will not generate revenue.

††††† (c) How much will it cost to administer this program for the first year? $175,000

††††† (d) How much will it cost to administer this program for subsequent years? There will not be an additional cost.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: