KRS 186.578: Visual acuity requirements for certified driver training program -- Testing

of knowledge of motor vehicle laws -- Daytime and nighttime operator's license

examinations -- Out-of-state drivers establishing residence in Kentucky --

Restriction on t aking of operator's license examination after three failings --

Consequence of failure to pass examination.

(1) Applicants accepted to participate in a certified driver training program shall meet

the following minimum vision requirements:

(a) A dist ance visual acuity of 20/200 or better, with corrective lenses, in the

applicant's better eye;

(b) A visual field of at least one hundred twenty (120) degrees horizontally and

eighty (80) degrees vertically in the same eye as used in paragraph (a) of this

subsection;

(c) A distance visual acuity of 20/60 or better using a bioptic telescopic device;

and

(d) No ocular diagnosis or prognosis that indicates a likelihood that significant

deterioration of visual acuity or visual field to levels below the minimum

standards outlined in this subsection will occur.

(2) Upon acceptance into a certified driver training program, an applicant shall be given

an examination to test his or her knowledge of the motor vehicle laws of the

Commonwealth. This examination may be t aken orally. Upon successful

completion of this examination, the applicant shall be issued a temporary

instruction permit, that shall be valid only when the applicant is accompanied by an

employee of a certified driver training program. Temporary instructi on permits

issued under this section shall be valid for one (1) year from the date of issue.

(3) An applicant who successfully completes a certified driver training program shall be

reexamined by a vision specialist upon completion of the program. The examination

shall certify that the applicant continues to meet the visual acuity and visual field

standards set forth in subsection (1) of this section.

(4) (a) An applicant who successfully completes a certified driving training program

and passes the visual reexamination required by subsection (3) of this section

shall be eligible to take a comprehensive operator's license examination

administered by the Department of Kentucky State Police.

(b) The operator's license examination shall include testing of the a pplicant's

driving skills over a route specifically designed to test the applicant's

competency using a bioptic telescopic device.

(c) If the applicant is a new driver, the applicant shall take a daytime and

nighttime operator's license examination, which may be given on the same

day.

(d) If the applicant is a currently licensed driver, the applicant may take either a

daytime or a nighttime operator's license examination, but if the applicant

chooses a daytime operator's license examination, any license gra nted shall be

subject to a daytime restriction.

(5) (a) An applicant who is a restricted out -of-state driver establishing residence in

Kentucky shall be required to take and pass a knowledge examination before

being eligible to take the operator's license examination.

(b) An applicant who is a restricted out -of-state driver establishing residence in

Kentucky shall not be required to complete a certified driver training program

but shall be required to take and pass the visual examination outlined in

subsection (3) of this section before taking the operator's license examination.

(c) If an applicant moving to Kentucky from another state possesses a valid

bioptic operator's license from the applicant's previous state:

1. Without a daytime -only restriction, the applicant may tak e a daytime

operator's license examination, and upon passage of the examination, be

granted a license without a daytime-only restriction;

2. With a daytime -only restriction and wishes to have it removed, the

applicant shall take a nighttime operator's license examination, and upon

passage of the examination, be granted a license without a daytime -only

restriction; or

3. With a daytime -only restriction and does not wish to have it removed,

the applicant shall take a daytime operator's license examination, an d

upon passage of the examination, be granted a license with a daytime -

only restriction.

(6) If an applicant or restricted out -of-state driver fails the operator's license

examination three (3) times, he or she shall not be eligible to retake the examination

until successfully completing additional training from a certified driver training

program and obtaining an affidavit from the program director or bioptic driving

instructor recommending that the applicant or restricted out -of-state driver be

allowed to retake the examination.

(7) The Office of Vocational Rehabilitation in the Education and Labor Cabinet shall

promulgate administrative regulations in accordance with KRS Chapter 13A to set

standards for a certified driver training program and to otherwise carry out the

provisions of this section.