Terms Used In Kansas Statutes 8-2,137

  • Alcohol: means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol and isopropanol;

    (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 Kan. See Kansas Statutes 8-2,128

  • 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

  • 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

  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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) A person who drives a commercial motor vehicle within this state is deemed to have given consent, subject to provisions of Kan. Stat. Ann. § 8-1001 et seq., and amendments thereto, and Kan. Stat. Ann. § 8-1567, and amendments thereto, to take a test or tests of that person’s blood, breath or urine for the purpose of determining that person’s alcohol concentration or the presence of other drugs.

(b) A test or tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol or other drugs in such person’s system.