{"data":{"id":"us-ky/krs-281a.190","jurisdiction":"us-ky","citation":"KRS 281A.190","heading":"Disqualification -- Suspension, revocation, or cancellation -- Right to","body":"appeal.\n(1) A person who holds or is required to hold a CDL shall be disqualified from driving\na commercial motor vehicle for a period of one (1) year if convicted of:\n(a) Driving or being in physical control of a motor vehicle under the influence of\nalcohol or a controlled substance;\n(b) Driving or being in physical control of a motor vehicle while the alcohol\nconcentration of the person's blood or breath or urine is four hundredths (0.04)\nor more;\n(c) Leaving the scene of an accident involving a motor vehicle driven by a person\nwho holds or is required to hold a CDL;\n(d) Using a motor vehicle in the commission of any felony listed in KRS 186.560;\n(e) Refusing to submit t o testing as required by KRS 281A.220 when driving a\nmotor vehicle;\n(f) Committing a first violation of driving a commercial motor vehicle while the\nperson's commercial driver's license is revoked, suspended, or canceled, or\nwhen the person is disqualified  from operating a commercial motor vehicle;\nor\n(g) Causing a fatality through negligent or criminal operation of a commercial\nmotor vehicle.\n(2) A person who holds or is required to hold a CDL shall be disqualified for life if\nconvicted of two (2) or more violations of any of the offenses specified in\nsubsection (1) of this section or any combination of those offenses arising from two\n(2) or more separate incidents. The provisions of this subsection shall only apply to\nconvictions that occurred after the di squalification dates established by the Federal\nMotor Carrier Safety Administration. The Transportation Cabinet shall set forth\nthose dates in an administrative regulation promulgated in accordance with KRS\nChapter 13A.\n(3) If any violation specified in su bsection (1) of this section occurred while\ntransporting a hazardous material required to be placarded, the person who holds or\nis required to hold a CDL shall be disqualified for a period of three (3) years.\n(4) Notwithstanding any other provisions of law, a period of suspension, revocation, or\ndisqualification imposed under the provisions of this chapter shall not be reduced.\nHowever, in accordance with the provisions of 49 C.F.R. pt. 383, the cabinet may\nestablish guidelines including conditions under which a disqualification of not less\nthan ten (10) years may be imposed.\n(5) A person who holds or is required to hold a CDL shall be disqualified from driving\na commercial motor vehicle for life if the person is co nvicted of any felony in\nwhich a commercial motor vehicle was used and that involved:\n(a) The manufacture, distribution, or dispensing of a controlled substance, or\npossession with intent to manufacture, distribute, or dispense a controlled\nsubstance; or\n(b) An act or practice of severe forms of trafficking in persons.\n(6) A person who holds or is required to hold a CDL shall be disqualified from driving\na commercial motor vehicle for a period of sixty (60) days if convicted of two (2)\nserious traffic viola tions, or one hundred twenty (120) days consecutively if\nconvicted of three (3) serious traffic violations, committed in a commercial motor\nvehicle arising from separate incidents occurring within a three (3) year period.\n(7) A person who holds or is requi red to hold a CDL shall be disqualified for the first\noffense from driving a commercial motor vehicle for six (6) months if the person\nhas been convicted of committing any of those offenses enumerated in KRS\n186.610 involving a commercial motor vehicle, co mmercial driver's license, or\napplication for that license. For the second and each subsequent offense, the person\nshall be disqualified from operating a commercial motor vehicle for a period of one\n(1) year.\n(8) The cabinet shall deny a person a commercia l driver's license or shall suspend,\nrevoke, or cancel his or her commercial driving privilege, subject to a hearing\nconducted in accordance with KRS 189A.107, when the cabinet has reason to\nbelieve that the person refused to submit to a test to determine his or her alcohol\nconcentration while driving a commercial motor vehicle.\n(9) If a person who holds or is required to hold a CDL is convicted of any of the\nrailroad crossing offenses or conduct enumerated in KRS 189.500, 189.560, and\n189.565, then the per son shall be disqualified from operating a commercial motor\nvehicle for a period of:\n(a) Sixty (60) days for the first offense;\n(b) One hundred twenty (120) days for the second offense within a three (3) year\nperiod; and\n(c) One (1) year for the third or subsequent offense within a three (3) year period.\n(10) If a person who holds or is required to hold a CDL violates an out -of-service order\nwhile transporting nonhazardous materials, then the person shall be disqualified\nfrom operating a commercial motor vehicle for a period of:\n(a) One hundred eighty (180) days for the first offense;\n(b) Two (2) years for the second offense in a separate incident within a ten (10)\nyear period; and\n(c) Three (3) years for the third or subsequent offense in a separate inciden t\nwithin a ten (10) year period.\n(11) If a person who holds or is required to hold a CDL violates an out -of-service order\nwhile transporting hazardous materials required to be placarded under the 49 U.S.C.\nsec. 5101 et seq., or operating a commercial motor  vehicle designed to transport\nsixteen (16) or more passengers, including the driver, then the person shall be\ndisqualified from operating a commercial motor vehicle for a period of:\n(a) One hundred eighty (180) days for the first offense; and\n(b) Three (3 ) years for the second or subsequent offense in a separate incident\nwithin a ten (10) year period.\n(12) A person who violates the provisions of KRS 281A.205 shall be fined fifty dollars\n($50) for the first offense. For a subsequent offense, a violator shal l be fined one\nhundred dollars ($100) and shall have his or her school bus endorsement suspended\nfor a period of six (6) months.\n(13) After disqualifying a commercial driver's license holder or suspending, revoking, or\ncanceling a commercial driver's licen se, the Transportation Cabinet shall update its\nrecords to reflect that action within ten (10) days of receipt. After disqualifying a\ncommercial driver's license holder or suspending, revoking, or canceling an out -of-\nstate commercial driver's license holde r's privilege to operate a commercial motor\nvehicle for at least sixty (60) days, the Transportation Cabinet shall notify the\nlicensing authority of the state which issued the commercial driver's license or\ncommercial learner's permit with this information  within ten (10) days. The\nnotification shall include both the disqualification and the violation that resulted in\nthe disqualification, suspension, cancellation, or revocation.\n(14) Upon notice from the Federal Motor Carrier Safety Administration that a d river has\nbeen determined to be an imminent hazard and has been disqualified from operating\na commercial motor vehicle, the cabinet shall act in accordance with the provisions\nof 49 C.F.R. sec. 383.52. The cabinet shall notify the driver of the disqualific ation,\nwhich shall not exceed one (1) year in duration, and of the right to appeal to the\nFederal Motor Carrier Safety Administration in accordance with 49 C.F.R. sec.\n383.52.","path":["KRS Chapter 281A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55032","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:35Z","sha256":"91c638803af8989f456491cbdfb4a03d039c29e4f0ed16fb964f2228bbab8a01","source_id":"us-ky","stale":false,"prev":"us-ky/krs-281a.185","next":"us-ky/krs-281a.200"},"notice":"GroundRules: Original legal text. Not legal advice."}