Title 601 | Chapter 011 | Regulation 035E
601 KAR 11:035REG
A proposed version of this document exists.
PREVIOUS VERSION
The previous document that this document is based upon is available.
STATEMENT OF EMERGENCY
601 KAR 11:035E
This emergency amendment to an existing administrative regulation is being promulgated to comply with KRS 281A.165, to establish and clarify the application process for military personnel to apply for a commercial driver’s license. This emergency amendment will allow qualified military applicants to complete a military certification for the written and skills test exemption, TC Form 94-167. This emergency amendment is being promulgated so that the Kentucky Transportation Cabinet may address the imminent needs of Kentucky’s service members who qualify for the exemptions set forth by KRS 281A.165, especially with the consideration that the service members only have one year beyond their separation date to qualify for those exemptions, and to formally acknowledge that many of our nation’s active-duty service members and veterans have formally completed military driver’s programs and have experience driving a vehicle in the military that would require a commercial driver’s license to operate as a civilian. This emergency amendment will expedite this process by acknowledging the “Even Exchange Program” as defined in 49 C.F.R. 383.77. This will allow qualified applicants to become part of the Commonwealth’s Commercial Driver’s License (CDL) program without unnecessary costs and delay. This emergency amendment to an existing administrative regulation will be replaced by an ordinary administrative regulation pursuant to KRS Chapter 13A. The companion ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
REBECCA GOODMAN, Secretary
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Driver Licensing
(Emergency Amendment)
601 KAR 11:035E.Waiver of written knowledge and skills test for military personnel.
Section 1.
Waiver Form.(1)
An applicant for a commercial driver's license who meets the criteria established in KRS 281A.165 may apply for a written knowledge and skills test exemption. If the applicant applies, the applicant shall complete a Military Certification for Written Knowledge and Skills Test Exemption, TC Form 94-167.(2)
A completed application form shall be submitted to the Transportation Cabinet, Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622.Section 2.
Notification.(1)
Within thirty (30) days of submission to the cabinet, an applicant shall be notified by mail of the approval or disapproval.(2)
An applicant shall take the notification of an approved application form to any KYTC Driver License Regional Office .Section 3.
Incorporation by Reference.(1)
"Military Certification for Written and Skills Test Exemption", TC Form 94-167, September 2026 , is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622. This material may also be obtained by accessing the cabinet's Web site at http://transportation.ky.gov/.601 KAR 11:035E. APPROVED BY TRANSPORTATION CABINET.
REBECCA GOODMAN, Secretary
MATTHEW COLE, Commissioner
APPROVED BY AGENCY: September 28, 2026
FILED WITH LRC: September 29, 2026 at 10:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Monday, November 23, 2026, at 10:30 a.m. EST, at the Kentucky Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through November 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
CONTACT PERSON: Will Fogle, General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, Telephone: (502) 782-4841, Fax: (502) 564-5238, Email: William.Fogle@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
William Fogle, Phone: 502-782-4841, Email: William.Fogle@ky.gov
Subject Headings:
Transportation; Licensing; Veterans; Workforce Development
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Allows for the written and skills test to be waived for qualified military applicants.
(b) The necessity of this administrative regulation:
To allow recently separated military members to apply for a CDL without written and skills testing.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This amendment conforms to KRS 281A.165 and 49 C.F.R. 383.77.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
Language clean-up to include both written and skills testing. To make the regulation consistent with statutory language.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Clarifying to allow both written and skills test waivers.
(b) The necessity of the amendment to this administrative regulation:
Clarifying to allow both written and skills test waivers.
(c) How the amendment conforms to the content of the authorizing statutes:
Clarifying to allow both written and skills test waivers.
(d) How the amendment will assist in the effective administration of the statutes:
Clarifying to allow both written and skills test waivers.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
This amendment is not due to the implementation of legislation, it is to accommodate a request from the Federal Motor Carriers Safety Administration.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This will benefit motor carrier companies and military veterans eligible for this program.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
The individual will have to apply by Form TC 94-167, to bypass written and skills test.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There will be no costs associated with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
This amendment will reduce the costs to veterans applying for the waivers.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No costs.
(b) On a continuing basis:
No costs.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
N/A
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
N/A
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
N/A
(10) TIERING: Is tiering applied?
No. Tiering is not applied.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 186A.165 and 49 C.F.R. 383.77
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
It is not.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department of Vehicle Regulation, Division of Driver Licensing, and Kentucky State Police.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
N/A
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
N/A
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
(3)(a) – None, (4)(a) – N/A, (5)(a) – N/A
(b) Methodology and resources used to reach this conclusion:
N/A
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
No entity will have a “major economic impact”.
(b) The methodology and resources used to reach this conclusion:
N/A
STATEMENT OF EMERGENCY
601 KAR 11:035E
This emergency amendment to an existing administrative regulation is being promulgated to comply with KRS 281A.165, to establish and clarify the application process for military personnel to apply for a commercial driver’s license. This emergency amendment will allow qualified military applicants to complete a military certification for the written and skills test exemption, TC Form 94-167. This emergency amendment is being promulgated so that the Kentucky Transportation Cabinet may address the imminent needs of Kentucky’s service members who qualify for the exemptions set forth by KRS 281A.165, especially with the consideration that the service members only have one year beyond their separation date to qualify for those exemptions, and to formally acknowledge that many of our nation’s active-duty service members and veterans have formally completed military driver’s programs and have experience driving a vehicle in the military that would require a commercial driver’s license to operate as a civilian. This emergency amendment will expedite this process by acknowledging the “Even Exchange Program” as defined in 49 C.F.R. 383.77. This will allow qualified applicants to become part of the Commonwealth’s Commercial Driver’s License (CDL) program without unnecessary costs and delay. This emergency amendment to an existing administrative regulation will be replaced by an ordinary administrative regulation pursuant to KRS Chapter 13A. The companion ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
REBECCA GOODMAN, Secretary
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Driver Licensing
(Emergency Amendment)
601 KAR 11:035E.Waiver of written knowledge and skills test for military personnel.
Section 1.
Waiver Form.(1)
An applicant for a commercial driver's license who meets the criteria established in KRS 281A.165 may apply for a written knowledge and skills test exemption. If the applicant applies, the applicant shall complete a Military Certification for Written Knowledge and Skills Test Exemption, TC Form 94-167.(2)
A completed application form shall be submitted to the Transportation Cabinet, Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622.Section 2.
Notification.(1)
Within thirty (30) days of submission to the cabinet, an applicant shall be notified by mail of the approval or disapproval.(2)
An applicant shall take the notification of an approved application form to any KYTC Driver License Regional OfficeSection 3.
Incorporation by Reference.(1)
"Military Certification for Written and Skills Test Exemption", TC Form 94-167, September 2026(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622. This material may also be obtained by accessing the cabinet's Web site at http://transportation.ky.gov/.601 KAR 11:035E. APPROVED BY TRANSPORTATION CABINET.
REBECCA GOODMAN, Secretary
MATTHEW COLE, Commissioner
APPROVED BY AGENCY: September 28, 2026
FILED WITH LRC: September 29, 2026 at 10:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Monday, November 23, 2026, at 10:30 a.m. EST, at the Kentucky Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through November 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
CONTACT PERSON: Will Fogle, General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, Telephone: (502) 782-4841, Fax: (502) 564-5238, Email: William.Fogle@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
William Fogle, Phone: 502-782-4841, Email: William.Fogle@ky.gov
Subject Headings:
Transportation; Licensing; Veterans; Workforce Development
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Allows for the written and skills test to be waived for qualified military applicants.
(b) The necessity of this administrative regulation:
To allow recently separated military members to apply for a CDL without written and skills testing.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This amendment conforms to KRS 281A.165 and 49 C.F.R. 383.77.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
Language clean-up to include both written and skills testing. To make the regulation consistent with statutory language.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Clarifying to allow both written and skills test waivers.
(b) The necessity of the amendment to this administrative regulation:
Clarifying to allow both written and skills test waivers.
(c) How the amendment conforms to the content of the authorizing statutes:
Clarifying to allow both written and skills test waivers.
(d) How the amendment will assist in the effective administration of the statutes:
Clarifying to allow both written and skills test waivers.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
This amendment is not due to the implementation of legislation, it is to accommodate a request from the Federal Motor Carriers Safety Administration.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This will benefit motor carrier companies and military veterans eligible for this program.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
The individual will have to apply by Form TC 94-167, to bypass written and skills test.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There will be no costs associated with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
This amendment will reduce the costs to veterans applying for the waivers.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No costs.
(b) On a continuing basis:
No costs.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
N/A
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
N/A
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
N/A
(10) TIERING: Is tiering applied?
No. Tiering is not applied.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 186A.165 and 49 C.F.R. 383.77
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
It is not.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department of Vehicle Regulation, Division of Driver Licensing, and Kentucky State Police.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
N/A
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
N/A
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
(3)(a) – None, (4)(a) – N/A, (5)(a) – N/A
(b) Methodology and resources used to reach this conclusion:
N/A
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
No entity will have a “major economic impact”.
(b) The methodology and resources used to reach this conclusion:
N/A