05RS HB133

HB133

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HB 133 (BR 801) - H. Collins

     AN ACT relating to transportation.
     Create a new section of KRS Chapter 281A to establish a new school bus endorsement for commercial driver's licenses, set forth qualifications, and exempt current license holders with satisfactory driving records from taking the school bus endorsement skills test until October 1, 2005; amend KRS 186.018, to prohibit the destruction of records of a violation of KRS 189A.010(6); amend KRS 186.570 to remove the prohibition against the cabinet assessing suspensions or penalties for out of state speeding violations; amend KRS 186.574 to require that a violation for which points were removed through state traffic school attendance still appear on a person's driving history record if that person holds or is required to hold a CDL; amend KRS 281A.010 to provide new definitions of "conviction," "disqualification," "felony," "gross combination weight rating," "out-of-service order," "school bus," and "serious traffic violation" and create a definition for the term "imminent hazard"; amend KRS 281A.140 to expand the citations to federal regulations; amend KRS 281A.170 to create a letter code "S" on a CDL indicating a school bus endorsement, and to changed restriction codes for automatic transmissions and other restrictions; amend KRS 281A.190, regarding disqualification for holding a CDL, to include having physical possession of the vehicle under the DUI provisions; apply all disqualification standards the those who possess or are required to possess a CDL; create new disqualifying offenses of driving a commercial motor vehicle with a suspended or revoked CDL and causing a fatality through negligent use of a commercial motor vehicle; establish new disqualifying offenses for violation of railroad grade crossing requirements, out-of-service criteria violations, and out-of-service violations when transporting passengers or hazardous materials; establish procedures for reporting CDL suspension, revocation, and disqualification; establish procedures for dealing with drivers who have been declared an imminent hazard by the Federal Motor Carrier Safety Administration; amend KRS 186.540 to conform; amend KRS 174.405 and 411.450 to update references to federal hazardous material transportation laws.

HB 133 - AMENDMENTS


     HCS - Retain provisions of the original bill with the following exceptions: amend Section 2 to eliminate the masking of convictions of an "under 21" DUI (0.02 BAC) under KRS 189A.010(6) for individuals who hold, or are required to hold, a CDL; amend Section 3 to clarify that the prohibition against the Cabinet suspending a license or assessing points based on an out of state speeding violation does not apply to the holder of a CDL; amend Section 5 to clarify the definition of a "school bus"; amend Section 6 to require an applicant for a CDL to report each jurisdiction in which he or she has been licensed for the past 10 years.

     SCS - Retain the provisions of House Bill 133/GA; amend KRS 281.755 to permit the driver of a motor vehicle to drive to an impoundment of storage facility if the vehicle is required to be moved as a result of a violation; require the vehicle to be moved to be escorted by a peace officer; prohibit application of the provision for certain violations; create a new section of KRS Chapter 277 to prohibit throwing of objects at trains or on railroad tracks, climbing or riding on railroad cars, disrupting the operation of a railroad, or tampering with a railroad grade crossing signal, and set penalties; amend KRS 277.350 to make trespassing on railroad property a Class B misdemeanor.

     SFA (1, B. Guthrie) - Amend KRS 281.755 to restrict the ability to drive to an impoundment facility to a violation committed by a commercial motor vehicle.

     Jan 7-introduced in House
     Feb 1-to Transportation (H)
     Feb 2-posted in committee; posting waived
     Feb 3-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 4-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, February 7, 2005
     Feb 9-3rd reading, passed 88-4 with Committee Substitute
     Feb 10-received in Senate
     Feb 15-to Transportation (S)
     Feb 28-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Mar 1-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Wednesday, March 2, 2005; floor amendment (1) filed to Committee Substitute
     Mar 2-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; 3rd reading, passed 35-0 with Committee Substitute, floor amendment (1); received in House; to Rules (H)
     Mar 3-posted for passage for concurrence in Senate Committee Substitute, floor amendment (1) on Friday, March 4, 2005
     Mar 8-House concurred in Senate Committee Substitute, floor amendment (1); passed 94-1; enrolled, signed by each presiding officer; delivered to Governor
     Mar 18-signed by Governor (Acts ch. 165)


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