Kentucky

CASES
  • Click here to download all Kentucky cases
  • Mollette v. Kentucky Personnel Bd., 997 S.W.2d 492 (Ky. Ct. App. 1999)
    Personnel Board upheld public employee's termination for drug use, and he appealed. The Circuit Court affirmed and he appealed. The Court of Appeals held that evidence supported finding that employee used marijuana in violation of employer's zero tolerance policy for holders of commercial drivers' licenses, and this, in turn, supported termination of his employment.
  • The “Masking” statute has been adopted as of July 2018, see below:

    KRS 281A.185 Masking, delaying, or diverting CDL holder's conviction for violation of state or local traffic control law prohibited -- Exemptions. (1) The Commonwealth shall not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL holder's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the Commonwealth or another state. (2) This section shall not apply to the following violations: (a) Parking; (b) Vehicle weight; or (c) Vehicle defect. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 135, sec. 2, effective July 14, 2018.

STATUTES

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Conviction

  • No reference

10-Day Posting Requirement

Other CDL Provisions