165A.475 Application to operate CDL driver training school -- Investigation by
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/ky/165a-475A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Department of Kentucky State Police -- Application to act as instructor -- Fees
-- Determination of whether to issue license.
(1)Any person seeking a license to operate, conduct, maintain, or establish a CDL
driver training school shall apply to the commission on forms prepared and
furnished by the commission. The application shall include the following
information:
(a)The title or name of the school, the names of the owners of the school, and, if
the owner is to be a corporation, the names and addresses of the officers of the
corporation;
(b)Except for corporations, a statement that the owners of the CDL driver
training school are each twenty-one
(21)years of age or over, are residents of
this state, and have been for at least one
(1)year next preceding the
application for the CDL driver training school license;
(c)A description of the established place of business together with the hours
during which the CDL driver training school is conducted and a description of
the equipment and facilities used in CDL driver training;
(d)Evidence of liability insurance coverage of the CDL driver training school, the
instructor, and students of the CDL driver training school while operating
driver training school equipment. The insurance shall have minimum limits of
not less than twenty-five thousand dollars ($25,000) for bodily injury or death
of one
(1)person in any one
(1)accident and subject to the limit for any one
(1)person, fifty thousand dollars ($50,000) for bodily injury or death of two
(2)or more persons in any one
(1)accident and ten thousand dollars ($10,000)
for damage to the property of others in any one
(1)accident. Evidence of
insurance coverage shall also provide that the insurance coverage shall not be
canceled except after ten
(10)days prior notice in writing by the carrier to the
commission. Upon request by an applicant, the commission shall review an
application and provide a letter to the applicant that a proposed CDL driver
training school has met all preliminary requirements for approval, except the
provisions of this paragraph. The letter may be used by the applicant to help
secure the liability insurance coverage needed under this paragraph to obtain a
license to operate a school. A letter provided under this paragraph shall not be
construed as approval to perform CDL driver's training or to operate a school.
(2)Each original application for a license to operate a CDL driver training school and
each application for renewal of a license to operate a CDL driver training school
shall be accompanied by the payment of a fee of two hundred dollars ($200) to the
commission and written proof that the applicant has complied with the criminal
history background check required by KRS 165A.465. The application fee charged
under this subsection shall not be refundable if, based upon the background check,
the commission denies the person the right to be issued a license under this chapter.
(3)The commission shall pay the Department of Kentucky State Police to inspect and
investigate CDL driver training schools under the requirements of subsection
(4)of
this section. The payment shall be an amount not greater than the actual cost of
conducting the inspection and investigation.
(4)Upon receipt of an application for a license to operate a CDL driver training school,
the commission shall request the Department of Kentucky State Police to
investigate the person's program and verify the information contained in the
application. The Department of Kentucky State Police shall contact the applicant
and make an appointment to inspect the school's facilities. At the time of inspection,
the Department of Kentucky State Police shall verify that the school meets the
standards promulgated as administrative regulations under KRS Chapter 13A for
license as a CDL driver training school. Upon request, the standards shall be
furnished to the school by the commission prior to the visit. If the standards are met,
the school shall be licensed to offer instruction on how to operate a commercial
motor vehicle including classifications, endorsements, and restrictions as
established in KRS 281A.170.
(5)Any person seeking a license to act as a CDL driver training instructor shall apply to
the commission on forms prepared and furnished by the commission setting forth
that the applicant is twenty-one
(21)years of age or older; is a high school graduate
or has the equivalent of a high school education, or has equivalent experience; and
holds a current and valid operator's license.
(6)Each original application for a license as a CDL driver training instructor and each
application for renewal of a license as a CDL driver training instructor shall be
accompanied by the payment of a fee of twenty dollars ($20) to the commission and
written proof that the applicant has complied with the criminal history background
check required by KRS 165A.465. The application fee charged under this
subsection shall not be refundable if, based upon the background check, the
commission denies the person the right to be issued a license under this chapter.
(7)In making the determination whether to issue a license under this section, the
commission shall consider but shall not be limited to the following:
(a)If the applicant has been convicted of a crime as defined in KRS 335B.010;
(b)The age of the applicant at the time any criminal conviction was entered;
(c)The length of time that has elapsed since the applicant's last criminal
conviction;
(d)The relationship of any crime convicted to the ability of the applicant to
operate a CDL driver training school or to act as a CDL driver training
instructor; and
(e)The provisions of KRS Chapter 335B.