Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
138.665,
174.400 -
174.425, 281.600, 281.730, 281.750, 281.880, Chapter 281A, 49 C.F.R. Parts 40,
107, 130, 171 - 173, 175, 177, 178, 180, 350, 381 - 385, 390-397, 1572
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
174.410(2) requires the
Secretary of the Transportation Cabinet, in consultation with the Secretary of
the Energy and Environment Cabinet and the Secretary of the Cabinet for Health
and Family Services, to adopt the Federal Hazardous Materials Transportation
Regulations, 49 C.F.R. (1978), in order to effectively carry out the intent of
KRS 174.400
through
174.425
relating to the transportation of hazardous materials by air or highway.
KRS
174.410(3) requires the
Transportation Cabinet and the Justice and Public Safety Cabinet to cooperate
with and assist the Energy and Environment Cabinet in the implementation and
enforcement of the transportation provisions of any state hazardous waste
regulations promulgated pursuant to KRS Chapter 224.
KRS
281.600 authorizes the Transportation Cabinet
to promulgate administrative regulations relating to safety requirements for
motor vehicles and the method of operation, including adoption of any federal
motor carrier safety regulations. This administrative regulation establishes
requirements for motor carriers operating in Kentucky. This administrative
regulation establishes requirements related to exemptions from medical
examination for private motor carriers of passengers that are more stringent
than the requirements in
49 C.F.R.
391.68(c), which allows
these carriers to avoid medical examination. Kentucky does not allow these
medical waivers.
Section 1.
Definitions.
(1) "Daylight hours" means that
period of time one-half (1/2) hour before sunrise through one-half (1/2) hour
after sunset.
(2) "Farm-to-market
agricultural transportation" means the operation of a motor vehicle that is
controlled and operated by a farmer who, as a private motor carrier, is using a
vehicle:
(a)
1. To transport agricultural products from
his or her farm;
2. To transport
farm machinery or farm supplies to his or her farm; or
3. Generally thought of as farm machinery;
and
(b) That is not
transporting hazardous materials of a type or quantity that requires the
vehicle to be marked or placarded in accordance with this administrative
regulation.
(3)
"Hazardous material" is defined in
49
C.F.R. 390.5.
Section 2. Governing Federal Regulations. A
commercial motor vehicle and its operator meeting the definitions established
in 49 C.F.R. 390.5
operating for-hire or in private carriage, interstate, or intrastate, including
commercial motor vehicles and its operators as established in Section 3 of this
administrative regulation, shall be governed by the following Motor Carrier
Safety Regulations and Transportation Security Administration Regulations
adopted and issued by the United States Department of Transportation:
(1)49 C.F.R. 40, Procedures for
Transportation Workplace Drug and Alcohol Testing Programs;
(2)49 C.F.R. 382, Controlled Substances and
Alcohol Use and Testing;
(3)49
C.F.R. 383, Commercial Driver's License Standards; Requirements and
Penalties;
(4)49 C.F.R. 384, State
Compliance with Commercial Driver's License Program;
(5)49 C.F.R. 385, Safety Fitness
Procedures;
(6)49 C.F.R. 390,
General;
(7)49 C.F.R. 391,
Qualifications of Drivers;
(8)49
C.F.R. 392, Driving of Commercial Motor Vehicles;
(9)49 C.F.R. 393, Parts and Accessories
Necessary for Safe Operation;
(10)49 C.F.R. 395, Hours of Service of
Drivers;
(11)49 C.F.R. 396,
Inspection, Repair and Maintenance;
(12)49 C.F.R. 397, Transportation of
Hazardous Materials; Driving and Parking Rules; and
(13)49 C.F.R. 1572, Credentialing and
Security Threat Assessments.
Section
3. The following hazardous materials transportation regulations
adopted and issued by the United States Department of Transportation shall
govern the transportation of hazardous materials within Kentucky if, as
established in Section 2 of this administrative regulation, the commercial
motor vehicle and its operator meet the definitions established in
49
C.F.R. 390.5 operating for-hire or in private
carriage, interstate, or intrastate, and transportation of hazardous material
is by air or highway:
(1) 49 C.F.R. Part 107
. Hazardous Material Program Procedures;
(2) 49 C.F.R. Part 130 . Oil Spill Prevention
and Response Plans;
(3) 49 C.F.R.
Part 171 . General information, Regulations, and Definitions;
(4) 49 C.F.R. Part 172 . Hazardous Materials
Table, Special Provisions, Hazardous Materials communications, Emergency
Response information, Training Requirements, and Security Plans;
(5) 49 C.F.R. Part 173 . Shippers-general
requirements for Shipments and Packagings;
(6) 49 C.F.R. Part 175 . Carriage by
Aircraft;
(7) 49 C.F.R. Part 177 .
Carriage by Public Highway;
(8) 49
C.F.R. Part 178 . Specifications for Packagings; and
(9) 49 C.F.R. Part 180 , Continuing
Qualification and Maintenance of Packagings.
Section 4. Exemptions and Exceptions. The
exemptions and exceptions to compliance with the provisions of Section 2 of
this administrative regulation shall be as established in this section.
(1)
(a) A
motor vehicle operated by the federal government, a state government, a county
government, a city government, or a board of education shall not be required to
comply with the federal regulations adopted in this administrative regulation,
except as required by paragraphs (b) and (c) of this subsection.
(b) An operator of one (1) of these vehicles
who is required by KRS Chapter 281A to obtain a commercial driver's license
shall provide proof of having:
1. Passed the
medical examination established in 49 C.F.R. 391; or
2. Received a medical waiver as established
in
601
KAR 11:040 and subsection (3) of this section for
intrastate operators or as established in 49 C.F.R. 381 for interstate
operators.
(c) The
operator of a vehicle established in paragraph (a) of this subsection shall
meet the requirements of 49 C.F.R. 382 relating to drug and alcohol
testing.
(2) Except for
a transporter of hazardous materials subject to the requirements of
601 KAR
1:025, a motor vehicle operator who is operating a
vehicle in intrastate commerce shall not be required to be twenty-one (21)
years of age as established in
49 C.F.R.
391.11(b)(1), but shall be
at least eighteen (18) years of age.
(3) Medical waivers for intrastate drivers.
(a) A commercial vehicle driver who operates
a commercial vehicle exclusively in intrastate commerce within Kentucky may
apply for a medical waiver of the requirements of 49 C.F.R. 391 under the
provisions of
601
KAR 11:040.
(b) If a medical waiver is issued, the waiver
shall be in the possession of the commercial driver any time the driver is
operating a commercial motor vehicle.
(4) Except for a farm-to-market agricultural
transportation motor vehicle with a gross vehicle weight rating of 26,000
pounds or less, a motor carrier that operates exclusively in intrastate
commerce shall:
(a) Apply for an intrastate
USDOT number using the Application for USDOT Number, Form MCS-150, by visiting
the Federal Motor Carrier Safety Administration at
www.fmcsa.dot.gov.; and
(b) Display the assigned intrastate motor
carrier identification number and the name of the motor carrier in the same
manner as required pursuant to
49 C.F.R.
390.21, except the identification number
shall be preceded by the letters "USDOT" and followed by the letters
"KY."
(5) Exception to
49 C.F.R.
391.68(c). A Kentucky
licensed commercial driver operating a passenger transportation vehicle on
behalf of a private motor carrier of passengers shall not be exempt from the
sections of
49 C.F.R.
391.41 and
391.45
requiring a driver to be medically examined and to have a medical examiner's
certificate on his or her person.
Section 5. Out-of-service Criteria.
(1) The basic safety criteria to be followed
by the Kentucky State Police or other individual certified through KSP to
complete commercial vehicle inspections in determining if a commercial motor
vehicle driver is declared unqualified or if a commercial motor vehicle is
placed out-of-service shall be the North American Uniform Out-of-service
Criteria issued by the Commercial Vehicle Safety Alliance.
(2)
(a) If a
commercial motor vehicle is being operated in interstate or intrastate commerce
with improper or invalid registration, without registration, in violation of
any safety regulation or requirement, or with a current federal Out-Of-Service
Order issued by the Federal Motor Carrier Safety Administration, a North
American Standard (NAS) certified inspector authorized by the Kentucky State
Police may place the vehicle out-of-service until the defect or condition is
corrected.
(b) Refusal of the
vehicle operator to grant permission for a law enforcement officer or inspector
to conduct a safety inspection of the vehicle shall be cause for the officer or
inspector to hold the vehicle in place or move the vehicle to a safe location,
as established by
49 C.F.R.
396.7, until the permission is
granted.
(c) Operation of a vehicle
in violation of the out-of-service notice affixed to it shall constitute a
separate violation of this administrative regulation.
(3)
(a) If a
commercial motor vehicle driver is unqualified to drive and is placed
out-of-service but the commercial motor vehicle is not placed out-of-service,
the motor carrier may provide a different driver for the commercial motor
vehicle.
(b) The commercial motor
vehicle driver placed out-of-service shall not again operate a commercial motor
vehicle until once again qualified.
(c) Refusal of the commercial motor vehicle
driver to grant permission for a law enforcement officer or inspector to
conduct a safety inspection regarding the actual driver shall be cause for
suspension of the certificate or permit of the motor carrier as established by
KRS
281.755.
(d) Operating a commercial motor vehicle in
violation of an out-of-service order shall constitute a separate violation of
this administrative regulation.
Section 6. Persons Allowed to Perform
Physical Examinations. A physical examination required pursuant to state or
federal law shall be conducted by a "medical examiner" as defined by
49
C.F.R. 390.5.
Section 7. Random Alcohol Testing Rate. A
commercial motor vehicle employer shall randomly test a percentage of the
average number of driver positions employed by the employer. The applicable
percentage shall be determined by the Federal Motor Carrier Safety
Administration's Administrator annually established in
49 C.F.R.
382.305.
Section 8. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for USDOT Number,"
or "Form MCS-150," by the Federal Motor Carrier Safety Administration, revised
November 14, 2019, available at
www.fmcsa.dot.gov.; and
(b) "North American Uniform Out-Of-Service
Criteria" updated annually, effective April 1 of each year, by the Commercial
Vehicle Safety Alliance.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of Motor
Carriers, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street,
Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
174.410(2),
281.600,
281.730,
281.750,
281.880
- 281.888, 49 C.F.R. 40, Parts 130, 171 - 173, 175, 177, 178, 180, 382 - 384,
385, 390 - 397, 1572
