Terms Used In Kansas Statutes 8-234b

  • 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, including the driver; or

    (3) the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Kansas Statutes 8-2,128

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of revenue acting directly or through its duly authorized officers and agents. See Kansas Statutes 8-273
  • 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 commercial 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 commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles;

    (o) "felony" means any offense under state or federal law that is punishable 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. See Kansas Statutes 8-2,128

  • 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 commercial 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 commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles;

    (o) "felony" means any offense under state or federal law that is punishable 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. See Kansas Statutes 8-2,128

  • hazardous materials: means any material that has been designated as hazardous under 49 U. See Kansas Statutes 8-2,128
  • Motor vehicle: means every vehicle that is self-propelled upon or by which any person or property is or may be transported or drawn upon a public highway except devices used exclusively upon stationary rails or tracks. See Kansas Statutes 8-273
  • Person: means every natural person, firm, copartnership, association, corporation or school. See Kansas Statutes 8-273
  • road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
  • secretary: means the secretary of the Kansas department of revenue;

    (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 Kan. See Kansas Statutes 8-2,128

  • United States: means the 50 states and the District of Columbia;

    (aa) "division" means the division of vehicles of the Kansas department 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 issued pursuant to Kan. See Kansas Statutes 8-2,128

(a) Every original driver‘s license issued by the division shall indicate the class or classes of motor vehicles which the licensee is entitled to drive. For this purpose the following classes are established:

(1) Commercial class A motor vehicles include any combination of vehicles with a gross combination weight rating of 26,001 pounds or more, providing the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;

(2) commercial class B motor vehicles include any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating;

(3) commercial class C motor vehicles include any single vehicle less than 26,001 pounds gross vehicle weight rating, or any such vehicle towing a vehicle not in excess of 10,000 pounds, or any vehicle less than 26,001 pounds gross vehicle weight rating towing a vehicle in excess of 10,000 pounds gross vehicle weight rating, provided the gross combination weight rating of the combination is less than 26,001 pounds comprising:

(A) Vehicles designed to transport 16 or more passengers, including the driver; or

(B) vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded;

(4) class A motor vehicles include any combination of vehicles with a gross combination weight rating of 26,001 pounds or more, provided the gross combination weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all other lawful combinations of vehicles with a gross combination weight rating of 26,001 pounds, or more; except that, class A does not include a combination of vehicles that has a truck registered as a farm truck under Kan. Stat. Ann. § 8-143, and amendments thereto;

(5) class B motor vehicles include any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating. Class B motor vehicles do not include a single vehicle registered as a farm truck under Kan. Stat. Ann. § 8-143, and amendments thereto, when such farm truck has a gross vehicle weight rating of 26,001 pounds, or more; or any fire truck operated by a volunteer fire department;

(6) class C motor vehicles include any single vehicle with a gross vehicle weight rating less than 26,001 pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating, or any vehicle with a less than 26,001 gross vehicle weight rating towing a vehicle in excess of 10,000 pounds gross vehicle weight rating, provided the gross combination weight rating of the combination is less than 26,001 pounds, or any single vehicle registered as a farm truck under Kan. Stat. Ann. § 8-143, and amendments thereto, when such farm truck has a gross vehicle weight rating of 26,001 pounds, or more, or any fire truck operated by a volunteer fire department or any autocycle; and

(7) class M motor vehicles includes motorcycles, but does not include autocycles.

As used in this subsection, “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.

(b) Every applicant for an original driver’s license shall indicate on such person‘s application the class or classes of motor vehicles for which the applicant desires a license to drive, and the division shall not issue a driver’s license to any person unless such person has demonstrated satisfactorily ability to exercise ordinary and reasonable control in the operation of motor vehicles in the class or classes for which the applicant desires a license to drive. The division shall administer an appropriate examination of each applicant’s ability to drive such motor vehicles. Except as provided in Kan. Stat. Ann. § 8-2,125 through 8-2,142, and amendments thereto, the director of vehicles may accept a copy of the certificate of a person’s road test issued to an individual under the regulatory requirements of the United States department of transportation, in lieu of requiring the person to demonstrate ability to operate any motor vehicle or combination of vehicles, if such certificate was issued not more than three years prior to the person’s application for a driver’s license.

(c) Any person who is the holder of a valid driver’s license which entitles the person to drive class A motor vehicles may also drive class B and C motor vehicles. Any person who is the holder of a valid driver’s license which entitles the person to drive class B motor vehicles may also drive class C motor vehicles.

(d) The secretary of revenue shall adopt rules and regulations establishing qualifications for the safe operation of the various types, sizes and combinations of vehicles in each class of motor vehicles established in subsection (a). Such rules and regulations shall include the adoption of at least the minimum qualifications for commercial drivers’ licenses contained in the commercial motor vehicle safety act of 1986.

(e) Any reference in the motor vehicle drivers’ license act to a class or classes of motor vehicles is a reference to the classes of motor vehicles established in subsection (a), and any reference in the motor vehicle drivers’ license act to a classified driver’s license or a class of driver’s license means a driver’s license which restricts the holder thereof to driving one or more of such classes of motor vehicles.

(f) The secretary of revenue may enter into a contract with any person, who meets the qualifications imposed on persons regularly employed by the division as drivers’ license examiners, to accept applications for drivers’ licenses and to administer the examinations required for the issuance of drivers’ licenses.

(g) Notwithstanding the provisions of subsection (a), any person employed as an automotive mechanic who possesses a valid class C driver’s license may drive any class A or class B motor vehicle on the highways for the purpose of determining the proper performance of the vehicle, except that this does not include commercial class A, B or C vehicles.