Terms Used In Kansas Statutes 8-2,133

  • 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

  • Department: means the department of revenue acting directly or through its duly authorized officers and agents. See Kansas Statutes 8-273
  • 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

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • 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

  • state: means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of Northern Mariana Islands;

    (6) "wireless communication device" means any wireless electronic communication device that provides for voice or data communication between two or more parties, including, but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer; and

    (7) "religious organization" means any organization, church, body of communicants, or group, gathered in common membership for mutual support and edification in piety, worship and religious observances, or a society of individuals united for religious purposes at a definite place and which religious organization maintains an established place of worship within this state and has a regular schedule of services or meetings at least on a weekly basis and has been determined to be organized and created as a bona fide religious organization. See Kansas Statutes 8-234a

(a) Except as provided in Kan. Stat. Ann. § 8-2,146, and amendments thereto, or as provided in Kan. Stat. Ann. § 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 commercial motor vehicle which complies with minimum federal standards established by 49 C.F.R. § 383, subparts E, G and H and has satisfied all other requirements of the commercial motor vehicle safety act in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the secretary, except that the secretary may accept the results of a person’s knowledge test conducted in another state if such test complies with minimum federal standards. The secretary shall accept results of a person’s skills test given in accordance with the provisions of subsection (c).

(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.

(c) The secretary shall authorize any community college or technical college, upon such community college’s or technical college’s request, to administer the skills test required by subsection (a). The secretary shall grant priority status to requests by any community college or technical college with a truck driver training course in place as of July 1, 2014. The secretary shall authorize such testing which complies with the requirements of 49 C.F.R. part 383 in an agreement between the requesting community college or technical college and the state. The secretary shall adopt rules and regulations to implement the testing procedure provided for in this subsection before January 1, 2015.

(d) 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.

(e) The director may authorize the skills test required by subsection (a) to be waived for an applicant that provides evidence of military commercial vehicle driving experience. To qualify for such a waiver, the applicant must satisfy the criteria established by 49 C.F.R. § 383.77.