Session Law

Identifying Information:L. 2003 ch. 042
Other Identifying Information:2003 House Bill 2220
Tax Type:Vehicles
Brief Description:An Act amending the uniform commercial drivers' license act; amending K.S.A. 8-2,128, 8-2,132, 8-2,133, 8-2,135 and 8-2,142 and repealing the existing sections.
Keywords:


Body:


CHAPTER 42

HOUSE BILL No. 2220


An Act amending the uniform commercial drivers' license act; amending K.S.A. 8-2,128,

8-2,132, 8-2,133, 8-2,135 and 8-2,142 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) Until September 30, 2005, the driving skills test

required under 49 C.F.R. 383.123 may be waived for an applicant for a

school bus endorsement, if such applicant is currently licensed, has ex-

perience driving a school bus, has a good driving record and meets the

conditions contained in subsection (b).

(b) An applicant must certify and the division must verify that, during

the two-year period immediately prior to applying for the school bus

endorsement, the applicant:

(1) Held a valid commercial driver's license with a passenger vehicle

endorsement to operate a school bus representative of the group the

application will be driving;

(2) has not had such applicant's driver's license or commercial driver's

license suspended, revoked or canceled or been disqualified from oper-

ating a commercial motor vehicle;

(3) has not been convicted of any of the disqualifying offenses in

subsection (a) or (e) of K.S.A. 8-2,142, and amendments thereto;

(4) has not had more than one conviction of any of the serious traffic

violations defined in K.S.A. 8-2,128, and amendments thereto, while op-

erating any type motor vehicle;

(5) has not had any conviction for a violation of state or local law

relating to motor vehicle traffic control, other than a parking violation,

arising in connection with any traffic accident;

(6) has not been convicted of any motor vehicle traffic violation that

resulted in an accident; and

(7) has been regularly employed as a school bus driver, has operated

a school bus representative of the group the applicant seeks to drive and

provides evidence of such employment.

(c) The provisions of this section shall be a part of and supplemental

to the Kansas uniform commercial drivers' license act.

New Sec. 2. (a) A driver may not enter into a diversion agreement

in lieu of further criminal proceedings that would prevent such driver's

conviction for any violation, in any type of motor vehicle, of a state or

local traffic control law, except a parking violation, from appearing on the

driver's record, whether the driver was convicted for an offense commit-

ted in the state where the driver is licensed or another state.

(b) The provisions of this section shall be a part of and supplemental

to the Kansas uniform commercial drivers' license act.

Sec. 3. K.S.A. 8-2,128 is hereby amended to read as follows: 8-2,128.

As used in this act:

(a) ``Alcohol'' means any substance containing any form of alcohol

including, but not limited to, ethanol, methanol, propanol and isopro-

panol;

(b) ``alcohol concentration'' means:

(1) The number of grams of alcohol per 100 milliliters of blood; or

(2) the number of grams of alcohol per 210 liters of breath;

(c) ``commercial driver's license'' means a commercial license issued

pursuant to K.S.A. 8-234b, and amendments thereto;

(d) ``commercial driver license system'' means the information system

established pursuant to the commercial motor vehicle safety act of 1986

to serve as a clearinghouse for locating information related to the licensing

and identification of commercial motor vehicle drivers;

(e) ``instruction permit'' means a permit issued pursuant to K.S.A. 8-

294, and amendments thereto;

(f) ``commercial motor vehicle'' means a motor vehicle designed or

used to transport passengers or property, if:

(1) The vehicle has a gross vehicle weight rating of 26,001 or more

pounds or such lesser rating, as determined by rules and regulations

adopted by the secretary, but shall not be more restrictive than the federal

regulation;

(2) the vehicle is designed to transport 16 or more passengers, in-

cluding the driver; or

(3) the vehicle is transporting hazardous materials and is required to

be placarded in accordance with 49 C.F.R. 172, subpart F, effective Jan-

uary 1, 1991;

(g) ``controlled substance'' means any substance so classified under

K.S.A. 65-4101, and amendments thereto;

(h) ``conviction'' means an unvacated adjudication of guilt or a deter-

mination that a person has violated or failed to comply with the law and

in a court of original jurisdiction or an administrative proceeding, an un-

vacated forfeiture of bail or collateral deposited to secure the person's

appearance in court, a plea of guilty or nolo contendere accepted by the

court, the payment of a fine or court cost, or violation of a condition of

release without bail, regardless of whether the penalty is rebated, sus-

pended or probated;

(i) ``disqualification'' means a prohibition against driving a commer-

cial motor vehicle, including the suspension, revocation or cancellation of

the privilege to drive a commercial motor vehicle;

(j) ``drive'' means to drive, operate or be in physical control of a motor

vehicle in any place open to the general public for purposes of vehicular

traffic. For purposes of K.S.A. 8-2,144 and 8-2,145 and K.S.A. 8-2,137,

8-2,138 and, 8-2,142, 8-2,144 and 8-2,145, and amendments thereto,

``drive'' includes operation or physical control of a motor vehicle anywhere

in the state;

(k) ``driver'' means any person who drives, operates or is in physical

control of a commercial motor vehicle, in any place open to the general

public for purposes of vehicular traffic, or who is required to hold a com-

mercial driver's license;

(l) ``driver's license'' means any driver's license or any other license

or permit to operate a motor vehicle issued under, or granted by, the

laws of this state, including:

(1) Any temporary license or instruction;

(2) the privilege of any person to drive a motor vehicle whether or

not such person holds a valid license; or

(3) any nonresident's operating privilege;

(m) ``employer'' means any person, including the United States, a

state or a political subdivision of a state, who owns or leases a commercial

motor vehicle or assigns a person to drive a commercial motor vehicle;

(n) ``endorsement'' means an authorization to an individual's com-

mercial driver's license required to permit the individual to operate cer-

tain types of commercial motor vehicles;

(o) ``felony'' means any offense under state or federal law that is pun-

ishable by death or imprisonment for a term exceeding one year;

(p) ``gross vehicle weight rating'' means the value specified by the

manufacturer as the maximum loaded weight of a single or a combination

(articulated) vehicle. The gross vehicle weight rating of a combination

(articulated) vehicle (commonly referred to as the ``gross combination

weight rating'') is the gross vehicle weight rating of the power unit plus

the gross vehicle weight rating of the towed unit or units;

(q) ``hazardous materials'' has the meaning as that found in section

103 of the hazardous materials transportation act, 49 U.S.C. 1801 et seq;

(r) ``motor vehicle'' means every vehicle which is self-propelled, and

every vehicle which is propelled by electric power obtained from over-

head trolly wires but not operated upon rails, except vehicles moved solely

by human power and motorized wheel chairs;

(s) ``out-of-service order'' means a temporary prohibition against driv-

ing a commercial motor vehicle, which is imposed when a driver has any

measured or detected alcohol concentration while on duty, or operating,

or in physical control of a commercial motor vehicle or a declaration by

an authorized enforcement officer of a federal, state, Canadian, Mexican

or local jurisdiction that a driver, a commercial motor vehicle or a motor

carrier operation, is out-of-service pursuant to 49 C.F.R. Part 386.72,

392.5, 395.13, 396.9 or such compatible laws, or the North American out-

of-service criteria;

(t) ``residence'' means the place which is adopted by a person as the

person's place of habitation and to which, whenever the person is absent,

the person has the intention of returning. When a person eats at one

place and sleeps at another, the place where the person sleeps shall be

considered the person's residence;

(u) ``secretary'' means the secretary of the Kansas department of rev-

enue;

(v) ``serious traffic violation'' means:

(1) Excessive speeding, is defined as 15 miles per hour or more over

the posted speed limit;

(2) reckless driving, as defined under K.S.A. 8-1566, and amend-

ments thereto;

(3) a violation of any state or local law relating to motor vehicle traffic

control, other than a parking violation, arising in connection with an ac-

cident or collision resulting in death to any person;

(4) changing lanes of traffic illegally or erratically, as defined under

K.S.A. 8-1548, and amendments thereto;

(5) following another vehicle too closely, as defined under K.S.A. 8-

1523, and amendments thereto; or

(6) a violation of subsection (a) of K.S.A. 8-2,132, and amendments

thereto; or

(6) (7) any other violation of a state or local law relating to motor

vehicle traffic control, other than a parking violation, which the secretary

determines by rule and regulation to be serious;

(w) ``state'' means a state of the United States and the District of

Columbia;

(x) ``state of domicile'' means that state where a person has such per-

son's true, fixed and permanent home and principal residence and to

which such person has the intention of returning whenever such person

is absent;

(y) ``tank vehicle'' means any commercial motor vehicle that is de-

signed to transport any liquid or gaseous material within a tank that is

either permanently or temporarily attached to the vehicle or the chassis.

Such vehicles include, but are not limited to, cargo tanks, as defined in

49 C.F.R. 171 in effect on January 1, 1991. However, this definition does

not include portable tanks having a rated capacity under 1,000 gallons;

(z) ``United States'' means the 50 states and the District of Columbia;

(aa) ``division'' means the division of vehicles of the Kansas depart-

ment of revenue;

(bb) ``director'' means the director of the division of vehicles of the

Kansas department of revenue;

(cc) ``foreign country'' means any jurisdiction other than the United

States;

(dd) ``nonresident commercial driver's license'' means a license is-

sued pursuant to K.S.A. 8-2,148, and amendments thereto.;

(ee) ``fatality'' means the death of a person as a result of a motor

vehicle accident;

(ff) ``noncommercial motor vehicle'' means a motor vehicle or com-

bination of motor vehicles not defined by the term commercial motor

vehicle in subsection (f);

(gg) ``school bus'' means a commercial motor vehicle used to transport

preprimary, primary or secondary school students from home to school,

from school to home or to and from school-sponsored events. School bus

does not include a bus used as a common carrier.

Sec. 4. K.S.A. 8-2,132 is hereby amended to read as follows: 8-2,132.

(a) On and after April 1, 1992, except when driving under a commercial

class A, B or C or class A or B instruction permit or a valid class C license

and accompanied by the holder of a commercial driver's license valid for

the vehicle being driven, no person may drive a commercial motor vehicle

unless the person has a valid commercial driver's license and is in im-

mediate possession thereof and applicable endorsements valid for the

vehicle they are driving, except that no person charged with violating this

subsection shall be convicted if such person produces in court or the

office of the arresting officer a commercial driver's license issued to such

person and valid at the time of the arrest.

(b) No person shall drive a commercial motor vehicle while their

driving privilege is suspended, revoked or canceled, or while subject to a

disqualification or in violation of an out-of-service order.

(c) No person shall drive a commercial motor vehicle in violation of

an out-of-service order.

(c) (d) Any commercial driver in violation of this section shall be guilty

of a class B misdemeanor.

Sec. 5. K.S.A. 8-2,133 is hereby amended to read as follows: 8-2,133.

(a) Except as provided in K.S.A. 8-2,146, and amendments thereto, or as

provided in K.S.A. 8-2,148, and amendments thereto, no person may be

issued a commercial driver's license unless that person is a resident of

this state and has passed a knowledge and skills test for driving a com-

mercial motor vehicle which complies with minimum federal standards

established by 49 C.F.R. 383, subparts G and H, effective January 1, 1991,

and has satisfied all other requirements of the commercial motor vehicle

safety act in addition to other requirements imposed by state law or fed-

eral regulation. The tests shall be prescribed and conducted by the sec-

retary, except that the secretary may accept the results of a person's

knowledge test conducted in another state if such test complies with min-

imum federal standards;

(b) the secretary may authorize a person, including an agency of this

or another state, an employer, a private driver training facility or other

private institution, or a department, agency or instrumentality of local

government, to administer the skills test specified by this section, if:

(1) The test is the same which would otherwise be administered by

the state; and

(2) the third party has entered into an agreement with the state which

complies with requirements of 49 C.F.R. 383.75, effective January 1,

1991.

(c) A commercial driver's license or commercial driver's instruction

permit may not be issued to a person while the person is subject to a

disqualification from driving a commercial motor vehicle, or while the

person's driver's license is suspended, revoked or canceled in any state;

nor shall a commercial driver's license be issued to a person who has a

commercial driver's license issued by any other state unless the person

first surrenders all such licenses, which must be returned to the issuing

state for cancellation.

Sec. 6. K.S.A. 8-2,135 is hereby amended to read as follows: 8-2,135.

(a) The commercial driver's license shall be marked ``commercial driver's

license'' or ``CDL,'' and must be, to the maximum extent practicable,

tamper proof. It shall include, but not be limited to, the following infor-

mation:

(1) The requirements set out in K.S.A. 8-243, and amendments

thereto;

(2) the person's social security number or any number or identifier

deemed appropriate by the state licensing authority;

(3) the class or type of commercial motor vehicle or vehicles which

the person is authorized to drive together with any endorsements or re-

striction;

(4) the name of this state; and

(5) the dates between which the license is valid.

(b) Commercial drivers' licenses issued pursuant to K.S.A. 8-234b,

and amendments thereto, may be issued with the following endorsements

or restrictions; and the holder of a valid commercial driver's license may

drive all vehicles in the class for which that license is issued, and all lesser

classes of vehicles, except motorcycles and vehicles which require an en-

dorsement, unless the proper endorsement appears on the license;

(1) ``H''--authorizes the driver to drive a vehicle transporting haz-

ardous materials;

(2) ``L''--restricts the driver to vehicles not equipped with airbrakes;

(3) ``T''--authorizes driving double and triple trailers;

(4) ``P''--authorizes driving vehicles carrying passengers;

(5) ``N''--authorizes driving tank vehicles;

(6) ``X''--represents a combination of hazardous materials and tank

vehicle endorsements.;

(7) ``S''--authorizes driving school buses.

(c) Before issuing a commercial driver's license, the division must

obtain driving record information through the commercial driver license

information system, the national driver register and from each state in

which the person has been licensed.

(d) Within 10 days after issuing a commercial driver's license, the

division shall notify the commercial driver license information system of

that fact, providing all information required to ensure identification of

the person.

(e) All original licenses issued after April 1, 1992, shall expire on the

fourth anniversary of the date of birth of the licensee which is nearest the

date of application. All renewals thereof shall expire on every fourth an-

niversary of the date of birth of the licensee. No driver's license shall

expire in the same calendar year in which the original license or renewal

license is issued, except that if the foregoing provisions of this section

shall require the issuance of a renewal license or an original license for a

period of less than six calendar months, the license issued to the applicant

shall expire at midnight on every fourth anniversary of the date of birth

of the applicant. At least 30 days prior to the expiration of a person's

license, the division shall mail a notice of expiration or renewal application

to such person at the address shown on the license.

(f) When applying for renewal of a commercial driver's license, the

applicant must complete the test required in subsection (e) of K.S.A. 8-

247, and amendments thereto, and the application form required by sub-

section (b) of K.S.A. 8-2,134, and amendments thereto, providing up-

dated information and required certifications and if the applicant wishes

to retain a hazardous materials endorsement, the applicant must take and

pass the test for such endorsement.

Sec. 7. K.S.A. 8-2,142 is hereby amended to read as follows: 8-2,142.

(a) A person is disqualified from driving a commercial motor vehicle for

a period of not less than one year upon a first occurrence of any one of

the following:

(1) The person's conviction of a violation of K.S.A. 8-2,144;

(2) leaving the scene of an accident involving a commercial motor

vehicle driven by the person;

(3) the person's conviction of using a commercial motor vehicle in

the commission of any felony as defined in this act; or

(4) the person's test refusal or test failure, as defined by subsection

(i)

(1) While operating a commercial motor vehicle:

(A) The person is convicted of violating K.S.A. 8-2,144, and amend-

ments thereto;

(B) the person is convicted of violating subsection (b) of K.S.A. 8-

2,132, and amendments thereto;

(C) the person has caused a fatality through the negligent operation

of a commercial motor vehicle; or

(D) the person's test refusal or test failure, as defined in subsection

(k); or

(2) while operating a noncommercial motor vehicle:

(A) The person is convicted of a violation of K.S.A. 8-1567, and

amendments thereto; or

(B) the person's test refusal or test failure, as defined in K.S.A. 8-

1013, and amendments thereto; or

(3) while operating any motor vehicle:

(A) The person is convicted of leaving the scene of an accident; or

(B) the person is convicted of a felony, other than a felony described

in subsection (e), while using a motor vehicle to commit such felony.

(b) If any offenses, test refusal or test failure specified in subsection

(a) occurred in a commercial motor vehicle while transporting a hazardous

material required to be placarded, the person is disqualified for a period

of not less than three years.

(c) A person shall be disqualified for life upon the second or a sub-

sequent occurrence of any offense, test refusal or test failure specified in

subsection (a), or any combination thereof, arising from two or more

separate incidents.

(d) The secretary of revenue may adopt rules and regulations estab-

lishing guidelines, including conditions, under which a disqualification for

life under subsection (c) may be reduced to a period of not less than 10

years.

(e) A person is disqualified from driving a commercial motor vehicle

for life who uses a commercial motor vehicle or noncommercial motor

vehicle in the commission of any felony involving the manufacture, dis-

tribution or dispensing of a controlled substance, or possession with intent

to manufacture, distribute or dispense a controlled substance.

(f) A person is disqualified from driving a commercial motor vehicle

for a period of not less than 60 days if convicted of two serious traffic

violations, or 120 days if convicted of three or more serious traffic viola-

tions, committed in a commercial motor vehicle arising from separate

incidents occurring within a three-year period.

(g) A person is disqualified from driving a commercial motor vehicle

for a period of not less than 60 days if convicted of two serious traffic

violations, or 120 days if convicted of three or more serious traffic vio-

lations, committed in a noncommercial motor vehicle arising from sepa-

rate incidents occurring within a three-year period, if such convictions

result in the revocation, cancellation or suspension of the person's driving

privileges.

(h) (1) A person who is convicted of operating a commercial motor

vehicle in violation of an out-of-service order shall be disqualified from

driving a commercial motor vehicle for a period of not less than:

(A) Ninety days nor more than one year, if the driver is convicted of

a first violation of an out-of-service order;

(B) one year nor more than five years if, during any 10-year period,

the driver is convicted of two violations of out-of-service orders in separate

incidents; or

(C) three years nor more than five years if, during any 10-year pe-

riod, the driver is convicted of three or more violations of out-of-service

orders in separate incidents.

(2) A person who is convicted of operating a commercial motor ve-

hicle in violation of an out-of-service order while transporting a hazardous

material required to be placarded under 49 U.S.C. 5101 et seq. or while

operating a motor vehicle designed to transport more than 15 passengers,

including the driver, shall be disqualified from driving a commercial mo-

tor vehicle for a period of not less than:

(A) One hundred and eighty days nor more than two years if the

driver is convicted of a first violation of an out-of-service order; or

(B) three years nor more than five years if, during any 10-year period,

the driver is convicted of any subsequent violations of out-of-service or-

ders in separate incidents.

(i) (1) A person who is convicted of operating a commercial motor

vehicle in violation of a federal, state or local law or regulation pertaining

to one of the following six offenses at a railroad-highway grade crossing

shall be disqualified from driving a commercial motor vehicle for the pe-

riod of time specified in paragraph (2):

(A) For persons who are not required to always stop, failing to slow

down and check that the tracks are clear of an approaching train;

(B) for persons who are not required to always stop, failing to stop

before reaching the crossing, if the tracks are not clear;

(C) for persons who are always required to stop, failing to stop before

driving onto the crossing;

(D) for all persons failing to have sufficient space to drive completely

through the crossing without stopping;

(E) for all persons failing to obey a traffic control device or the di-

rections of an enforcement official at the crossing; or

(F) for all persons failing to negotiate a crossing because of insufficient

undercarriage clearance.

(2) A driver shall be disqualified from driving a commercial motor

vehicle for not less than:

(A) Sixty days if the driver is convicted of a first violation of a rail-

road-highway grade crossing violation;

(B) one hundred and twenty days if, during any three-year period,

the driver is convicted of a second railroad-highway grade crossing vio-

lation in separate incidents; or

(C) one year if, during any three-year period, the driver is convicted

of a third or subsequent railroad-highway grade crossing violation in

separate incidents.

(g) (j) After suspending, revoking or canceling a commercial driver's

license, the division shall update its records to reflect that action within

10 days. After suspending, revoking or canceling a nonresident commer-

cial driver's privileges, the division shall notify the licensing authority of

the state which issued the commercial driver's license or nonresident

commercial driver's license within 10 days.

(h) (k) Upon suspension, revocation, cancellation or disqualification

of a commercial driver's license under this act, the license shall be im-

mediately surrendered to the division if still in the licensee's possession.

If otherwise eligible, and upon payment of the required fees, the licensee

may be issued a noncommercial driver's license for the period of suspen-

sion, revocation, cancellation or disqualification of the commercial

driver's license under the same identifier number.

(i) (l) As used in this section, ``test refusal'' means a person's refusal

to submit to and complete a test requested pursuant to K.S.A. 8-2,145,

and amendments thereto; ``test failure'' means a person's submission to

and completion of a test which determines that the person's alcohol con-

centration is .04 or greater, pursuant to K.S.A. 8-2,145, and amendments

thereto.

Sec. 8. K.S.A. 8-2,128, 8-2,132, 8-2,133, 8-2,135 and 8-2,142 are

hereby repealed.

Sec. 9. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved April 10, 2002.

Published in the Kansas Register April 17, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003