State and federal laws govern the operation of commercial trucks in Kentucky. The laws protect the safety of road users and the public by requiring truck drivers and trucking companies to exercise care and meet certain safety standards.
Commercial trucking laws require truck drivers to obtain specialized training and commercial driver licenses. They restrict the number of hours that truck drivers may spend behind the wheel and obligate trucking companies to maintain motor vehicles and cargo safely. Trucking companies and commercial vehicle drivers who flout these rules put others at risk of a devastating truck crash – and may be held financially liable for the injuries they cause.
A truck accident lawyer with Morgan, Collins, Yeast & Salyer can help you demand justice if you or a loved one has been seriously injured as a result of negligence or disregard for safety on the part of a truck driver or trucking company in Kentucky. Call our law firm for a free consultation about your legal options.
If you’re curious about the role of a truck accident attorney, we invite you to read our latest blog post, “What Does a Truck Accident Attorney Do?“
What Defines a Commercial Motor Vehicle (CMV) in Kentucky?
Kentucky law defines a commercial motor vehicle as a motor vehicle or combination vehicle that either:
- Transports property and has a gross vehicle weight rating or gross combination weight rating of at least 10,001 pounds, per federal regulations and adopted by the state of Kentucky,
- Transports hazardous materials that require the vehicle to bear a warning placard under federal regulations, or
- Transports 16 or more passengers, including the driver, or more than eight passengers (including the driver) for compensation.
The Kentucky Transportation Cabinet can also designate other types of vehicles as commercial motor vehicles, requiring an operator to possess a commercial driver’s license or CDL.
In most cases, commercial motor vehicles are vehicles that carry cargo or passengers for compensation.
Kentucky Commercial Driver’s License (CDL) Requirements
Kentucky requires a driver to have a commercial driver’s license to operate a commercial motor vehicle. CDLs come in three classes:
- Class C: Allows operation of a vehicle with a gross vehicle weight rating of less than 26,001 pounds transporting hazardous materials requiring a placard
- Class B: Allows operation of a straight truck with two or more axles and a gross vehicle weight rating of 26,001 pounds or more, any vehicle with two or more axles and a gross vehicle weight rating of 26,001 pounds or more pulling a vehicle with a gross vehicle weight rating of 10,000 pounds or less
- Class A: Allows operation of any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more towing a vehicle with a gross vehicle weight rating of more than 10,000 pounds
CDLs may also have endorsements allowing a truck driver to operate specific types of vehicles or transport certain kinds of cargo. Licenses may also come with restrictions on the types of equipment a truck driver can operate.
To obtain a Kentucky commercial driver’s license, applicants must:
- Be at least 18 years of age and be U.S. citizens or permanent residents, or possess an unexpired employment authorization document or an unexpired foreign passport with an approved I-94 form.
- Submit a valid medical certificate or self-certification.
- Pass a vision exam and the written and road skills tests administered by the Kentucky State Police (except when transferring an out-of-state CDL or renewing a license that expired less than five years ago).
- Pass entry-level driver training when obtaining a CDL for the first time, upgrading an existing Class B CDL to a Class A CDL, or obtaining a CDL endorsement for the first time. Applicants must attend entry-level driver training with a provider registered with the Federal Motor Carrier Safety Administration.
- Pass a warrant check conducted by the Kentucky State Police.
- Pass a security threat assessment conducted by the Transportation Security Administration when applying for a hazardous materials endorsement.
Hours of Service (HOS) Regulations in Kentucky
In Kentucky, commercial motor vehicle operators must follow hours of service regulations established by the Federal Motor Carrier Safety Administration. The hours of service regulations are designed to prevent commercial drivers from operating large trucks when they are too fatigued to do so safely. The regulations state:
- Drivers engaged in interstate trucking may drive for a maximum of 11 hours after spending at least 10 consecutive hours off-duty.
- Drivers may not drive beyond the 14th consecutive hour after coming on duty following an off-duty period of at least 10 consecutive hours.
- Drivers must take a 30-minute break after driving for eight cumulative hours without a 30-minute break. Drivers may spend their break on duty but not driving, off-duty, in their sleeper berth, or some combination thereof.
- Drivers may not drive after spending 60 hours on duty in a seven-day period or 70 hours in an eight-day period. The seven/eight-day periods reset after a driver spends at least 34 consecutive hours off duty.
- Drivers may split their 10-hour off-duty period if they spend at least one off-duty period in their sleeper berth for at least seven consecutive hours.
- Drivers may extend the 11-hour driving and 14-hour duty periods for up to two hours when they encounter adverse driving conditions.
The hours of service regulations do not apply to truck drivers who operate within a 150-air-mile radius of their work reporting location, spend no more than 14 hours on duty, and return to their work reporting location at the end of their shift.
Truck drivers must record their driving hours, on/off-duty hours, breaks, and sleeping periods to ensure compliance with the hours of service regulations. Today, most truck drivers record their hours electronically.
Weight Limits and Truck Size Restrictions
State regulations in Kentucky limit the permissible size and weight of commercial trucks. Truck weight/size restrictions ensure that commercial trucks can fit on the road and do not damage road infrastructure. On interstates and designated highways, maximum allowances are as follows:
- Length: 45 feet for motor trucks, 53 feet for semitrailers, 28 feet for a dual trailer
- Width: 8 feet, six inches
- Height: 13 feet, six inches (14 feet for car haulers)
- Weight: 20,000 pounds per single axle (two axles spaced less than 42 inches apart constitute a single axle), 34,000 pounds per tandem axle (axles spaced 42 inches or more but less than 96 inches apart), 48,000 pounds for three axles (spaced 42 inches or more but less than 120 inches apart), 80,000 pounds total vehicle weight (including load)
For other state highways, size and weight limits include:
- Length: 45 feet for a single unit vehicle or 65 feet for a tractor/semitrailer
- Width: Eight feet
- Height: 13 feet, six inches
- Weight: 44,000 pounds for Class A highways, 62,000 pounds for Class AA highways, and 80,000 pounds for Class AAA highways
Operators of oversized or overweight trucks can obtain special permits from the state to transport cargo. State officials review permit applications to ensure that an overweight/oversized truck can safely operate on the roads along the proposed route. Oversize/overweight permits may restrict the hours that a truck driver can operate their vehicle.
Insurance for Commercial Trucks in Kentucky
Like drivers of passenger vehicles, commercial drivers must also have liability insurance. Truck drivers and motor carriers are required to carry much higher amounts of liability insurance because a truck accident is more likely to cause serious injuries or fatal injuries than a car crash.
Kentucky requires operators of commercial trucks to obtain a DOT number from the Federal Motor Carrier Safety Administration even if the operator does not plan to transport cargo across state lines. Operators must comply with federal regulations for insurance requirements to obtain a DOT number.
These liability insurance requirements include:
- Vehicles with a gross weight rating of 10,001 pounds or more transporting nonhazardous property: $750,000
- Vehicles with a gross weight rating of 10,001 pounds or more transporting oil or specific types of hazardous waste/materials: $1 million
- Vehicles transporting certain types of hazardous material, including radioactive materials: $5 million
Public liability insurance covers expenses or losses for injuries, property damage, and environmental restoration costs arising from a truck accident.
Operators transporting household goods must also obtain cargo insurance of at least $5,000 per vehicle and $10,000 per occurrence.
Commercial truck insurance can include other coverages, such as:
- Physical damage coverage: Pays to repair or replace damaged truck equipment
- Trailer interchange coverage: Covers a non-owned trailer
- Medical payments coverage: Covers the truck driver’s and their passengers’ medical bills for injuries sustained in a truck accident
Other Essential Kentucky Trucking Laws
Additional trucking industry regulations cover other safety issues. For example, federal regulations require trucking companies to implement drug/alcohol testing policies. These policies require trucking companies to conduct pre-employment drug testing on all drivers and to test drivers after accidents involving fatalities, injuries (if the truck driver received a citation), or vehicle damage requiring a tow. Trucking companies must also conduct random drug/alcohol testing of their drivers.
Federal regulations also require trucking companies to regularly inspect, maintain, and repair all vehicles under their control. This includes inspecting pushout windows and emergency doors at least every 90 days and performing a full inspection at least once every 12 months.
Trucking companies must keep inspection and maintenance records for vehicles that remain in their control for at least 30 consecutive days. Truck drivers must also prepare daily post-trip inspection reports, which identify any defects or safety issues that may affect the truck’s operation. Trucking companies must immediately repair any defects or issues or certify that the issue does not require immediate repair.
Finally, federal rules require truck drivers to secure the cargo load in their truck by using tie-downs, shoring bars, inflatable bags, chocks/wedges, or cradles. Drivers must ensure the adequacy of securing devices before getting on the road and stop shortly after starting a trip to reinspect the load and add more securing devices as necessary.
Contact a Kentucky Trucking Accident Attorney Today
Have you been hurt in a truck accident in Kentucky? Contact a personal injury lawyer at Morgan, Collins, Yeast & Salyer for a free, no-obligation consultation. We can determine if a violation of important trucking safety regulations caused your injuries. Our attorneys understand commercial laws related to truck accidents and are ready to help you.
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