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14  AN ACT relating to driver's licenses; concerning fire trucks; amending
15    K.S.A. 1996 Supp. 8-234b 8-234a, 8-234b and 8-2,128 and repealing
16    the existing section sections.
17
18  Be it enacted by the Legislature of the State of Kansas:
19    Section 1.  K.S.A. 1996 Supp. 8-234b is hereby amended to read as
20  follows: 8-234b. (a) Every original driver's license issued by the division
21  shall indicate the class or classes of motor vehicles which the licensee is
22  entitled to drive. For this purpose the following classes are established:
23    (1)  Commercial class A motor vehicles include any combination of
24  vehicles with a gross combination weight rating of 26,001 pounds or more,
25  providing the gross vehicle weight rating of the vehicle or vehicles being
26  towed is in excess of 10,000 pounds;
27    (2)  commercial class B motor vehicles include any single vehicle with
28  a gross vehicle weight rating of 26,001 pounds or more, or any such ve-
29  hicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight
30  rating;
31    (3)  commercial class C motor vehicles include any single vehicle less
32  than 26,001 pounds gross vehicle weight rating, or any such vehicle towing
33  a vehicle not in excess of 10,000 pounds, or any vehicle less than 26,001
34  pounds gross vehicle weight rating towing a vehicle in excess of 10,000
35  pounds gross vehicle weight rating, provided the gross combination
36  weight rating of the combination is less than 26,001 pounds comprising:
37    (A)  Vehicles designed to transport 16 or more passengers, including
38  the driver; or
39    (B)  vehicles used in the transportation of hazardous materials which
40  requires the vehicle to be placarded;
41    (4)  class A motor vehicles include any combination of vehicles with a
42  gross combination weight rating of 26,001 pounds or more, provided the
43  gross combination weight rating of the vehicle or vehicles being towed is
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 1  in excess of 10,000 pounds, and all other lawful combinations of vehicles
 2  with a gross combination weight rating of 26,001 pounds, or more; except
 3  that, class A does not include a combination of vehicles that has a truck
 4  registered as a farm truck under subsection (2) of K.S.A. 8-143, and
 5  amendments thereto;
 6    (5)  class B motor vehicles include any single vehicle with a gross ve-
 7  hicle weight rating of 26,001 pounds or more, or any such vehicle towing
 8  a vehicle not in excess of 10,000 pounds gross vehicle weight rating. Class
 9  B motor vehicles do not include a single vehicle registered as a farm truck
10  under subsection (2) of K.S.A. 8-143, and amendments thereto, when
11  such farm truck has a gross vehicle weight rating of 26,001 pounds, or
12  more; or any fire truck operated by a volunteer fire department;
13    (6)  class C motor vehicles include any single vehicle with a gross
14  vehicle weight rating less than 26,001 pounds, or any such vehicle towing
15  a vehicle not in excess of 10,000 pounds gross vehicle weight rating, or
16  any vehicle with a less than 26,001 gross vehicle weight rating towing a
17  vehicle in excess of 10,000 pounds gross vehicle weight rating, provided
18  the gross combination weight rating of the combination is less than 26,001
19  pounds, or any single vehicle registered as a farm truck under subsection
20    (2) of K.S.A. 8-143, and amendments thereto, when such farm truck has
21  a gross vehicle weight rating of 26,001 pounds, or more, or any fire truck
22  operated by a volunteer firefighter for a volunteer fire department;
23  and
24    (7)  class M motor vehicles includes motorcycles.
25    As used in this subsection, ``gross vehicle weight rating'' means the
26  value specified by the manufacturer as the maximum loaded weight of a
27  single or a combination (articulated) vehicle. The gross vehicle weight
28  rating of a combination (articulated) vehicle, commonly referred to as the
29  gross combination weight rating, is the gross vehicle weight rating of the
30  power unit plus the gross vehicle weight rating of the towed unit or units.
31    (b)  Every applicant for an original driver's license shall indicate on
32  such person's application the class or classes of motor vehicles for which
33  the applicant desires a license to drive, and the division shall not issue a
34  driver's license to any person unless such person has demonstrated sat-
35  isfactorily ability to exercise ordinary and reasonable control in the op-
36  eration of motor vehicles in the class or classes for which the applicant
37  desires a license to drive. The division shall administer an appropriate
38  examination of each applicant's ability to drive such motor vehicles. Ex-
39  cept as provided in K.S.A. 8-2,125 through 8-2,142, and amendments
40  thereto, the director of vehicles may accept a copy of the certificate of a
41  person's road test issued to an individual under the regulatory require-
42  ments of the United States department of transportation, in lieu of re-
43  quiring the person to demonstrate ability to operate any motor vehicle or
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 1  combination of vehicles, if such certificate was issued not more than three
 2  years prior to the person's application for a driver's license.
 3    (c)  Any person who is the holder of a valid driver's license which
 4  entitles the person to drive class A motor vehicles may also drive class B
 5  and C motor vehicles. Any person who is the holder of a valid driver's
 6  license which entitles the person to drive class B motor vehicles may also
 7  drive class C motor vehicles.
 8    (d)  The secretary of revenue shall adopt rules and regulations estab-
 9  lishing qualifications for the safe operation of the various types, sizes and
10  combinations of vehicles in each class of motor vehicles established in
11  subsection (a). Such rules and regulations shall include the adoption of
12  at least the minimum qualifications for commercial drivers' licenses con-
13  tained in the commercial motor vehicle safety act of 1986.
14    (e)  Any reference in the motor vehicle drivers' license act to a class
15  or classes of motor vehicles is a reference to the classes of motor vehicles
16  established in subsection (a), and any reference in the motor vehicle driv-
17  ers' license act to a classified driver's license or a class of driver's license
18  means a driver's license which restricts the holder thereof to driving one
19  or more of such classes of motor vehicles.
20    (f)  The secretary of revenue may enter into a contract with any per-
21  son, who meets the qualifications imposed on persons regularly employed
22  by the division as drivers' license examiners, to accept applications for
23  drivers' licenses and to administer the examinations required for the is-
24  suance of drivers' licenses.
25    (g)  Notwithstanding the provisions of subsection (a), any person em-
26  ployed as an automotive mechanic who possesses a valid class C driver's
27  license may drive any class A or class B motor vehicle on the highways
28  for the purpose of determining the proper performance of the vehicle,
29  except that this does not include commercial class A, B or C vehicles.
30    Sec. 2.  K.S.A. 1996 Supp. 8-234a is hereby amended to read as
31  follows: 8-234a. (a) As used in the motor vehicle drivers' license act,
32  the following words and phrases shall have the meanings respec-
33  tively ascribed to them herein:
34    (1)  ``Drivers' license examiner'' or ``examiner'' means a drivers'
35  license examiner of the division of vehicles or any person whom the
36  director of vehicles has authorized, pursuant to the authority
37  granted by this act, to accept applications for drivers' licenses and
38  administer the examinations required for the issuance or renewal
39  of drivers' licenses;
40    (2)  ``nonresident'' means every person who is not a resident of
41  this state. For the purposes of the motor vehicle drivers' license act
42  any person who owns, rents or leases real estate in Kansas as such
43  person's residence and engages in a trade, business or profession
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 1  within Kansas or registers to vote in Kansas or enrolls such person's
 2  children in a school in this state or purchases Kansas registration
 3  for a motor vehicle, shall be deemed a resident of the state of Kansas
 4  90 days after the conditions stated in this subsection commence,
 5  except that military personnel on active duty and their military de-
 6  pendents who are residents of another state, shall not be considered
 7  residents of the state of Kansas for the purpose of this act; and
 8    (3)  ``patrol'' means the state highway patrol.; and
 9    (4)  ``volunteer fire department'' means a fire department that utilizes
10  both full-paid and volunteer firefighters to furnish fire-fighting services,
11  except that it shall not include fire departments located in a city of the
12  first or second class which has a population of 25,000 or more.
13    (b)  As used in this act, the words and phrases defined by the
14  sections in article 14 of chapter 8 of the Kansas Statutes Annotated
15  shall have the meanings respectively ascribed to them therein, un-
16  less a different meaning is ascribed to any such word or phrase by
17  subsection (a) of this section.
18    Sec. 2.  K.S.A. 1996 Supp. 8-2,128 is hereby amended to read as
19  follows: 8-2,128. As used in this act:
20    (a)  ``Alcohol'' means any substance containing any form of al-
21  cohol including, but not limited to, ethanol, methanol, propanol and
22  isopropanol;
23    (b)  ``alcohol concentration'' means:
24    (1)  The number of grams of alcohol per 100 milliliters of blood;
25  or
26    (2)  the number of grams of alcohol per 210 liters of breath;
27    (c)  ``commercial driver's license'' means a commercial license is-
28  sued pursuant to K.S.A. 8-234b, and amendments thereto;
29    (d)  ``commercial driver license system'' means the information
30  system established pursuant to the commercial motor vehicle safety
31  act of 1986 to serve as a clearinghouse for locating information
32  related to the licensing and identification of commercial motor ve-
33  hicle drivers;
34    (e)  ``instruction permit'' means a permit issued pursuant to
35  K.S.A. 8-294, and amendments thereto;
36    (f)  ``commercial motor vehicle'' means a motor vehicle designed
37  or used to transport passengers or property, if:
38    (1)  The vehicle has a gross vehicle weight rating of 26,001 or
39  more pounds or such lesser rating, as determined by rules and reg-
40  ulations adopted by the secretary, but shall not be more restrictive
41  than the federal regulation;
42    (2)  the vehicle is designed to transport 16 or more passengers,
43  including the driver; or
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 1    (3)  the vehicle is transporting hazardous materials and is re-
 2  quired to be placarded in accordance with 49 C.F.R. 172, subpart
 3  F, effective January 1, 1991;
 4    (g)  ``controlled substance'' means any substance so classified
 5  under K.S.A. 65-4101, and amendments thereto;
 6    (h)  ``conviction'' means an unvacated adjudication of guilt or a
 7  determination that a person has violated or failed to comply with
 8  the law and in a court of original jurisdiction or an administrative
 9  proceeding, an unvacated forfeiture of bail or collateral deposited
10  to secure the person's appearance in court, a plea of guilty or nolo
11  contendere accepted by the court, the payment of a fine or court
12  cost, or violation of a condition of release without bail, regardless
13  of whether the penalty is rebated, suspended or probated;
14    (i)  ``disqualification'' means a prohibition against driving a
15  commercial motor vehicle, including the suspension, revocation or
16  cancellation of the privilege to drive a commercial motor vehicle;
17    (j)  ``drive'' means to drive, operate or be in physical control of
18  a motor vehicle in any place open to the general public for purposes
19  of vehicular traffic. For purposes of K.S.A. 8-2,144 and 8-2,145 and
20  K.S.A. 8-2,137, 8-2,138 and 8-2,142, and amendments thereto,
21  ``drive'' includes operation or physical control of a motor vehicle
22  anywhere in the state;
23    (k)  ``driver'' means any person who drives, operates or is in
24  physical control of a commercial motor vehicle, in any place open
25  to the general public for purposes of vehicular traffic, or who is
26  required to hold a commercial driver's license;
27    (l)  ``driver's license'' means any driver's license or any other
28  license or permit to operate a motor vehicle issued under, or granted
29  by, the laws of this state, including:
30    (1)  Any temporary license or instruction;
31    (2)  the privilege of any person to drive a motor vehicle whether
32  or not such person holds a valid license; or
33    (3)  any nonresident's operating privilege;
34    (m)  ``employer'' means any person, including the United States,
35  a state or a political subdivision of a state, who owns or leases a
36  commercial motor vehicle or assigns a person to drive a commercial
37  motor vehicle;
38    (n)  ``endorsement'' means an authorization to an individual's
39  commercial driver's license required to permit the individual to op-
40  erate certain types of commercial motor vehicles;
41    (o)  ``felony'' means any offense under state or federal law that
42  is punishable by death or imprisonment for a term exceeding one
43  year;
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 1    (p)  ``gross vehicle weight rating'' means the value specified by
 2  the manufacturer as the maximum loaded weight of a single or a
 3  combination (articulated) vehicle. The gross vehicle weight rating
 4  of a combination (articulated) vehicle (commonly referred to as the
 5  ``gross combination weight rating'') is the gross vehicle weight rat-
 6  ing of the power unit plus the gross vehicle weight rating of the
 7  towed unit or units;
 8    (q)  ``hazardous materials'' has the meaning as that found in sec-
 9  tion 103 of the hazardous materials transportation act, 49 U.S.C.
10  1801 et seq;
11    (r)  ``motor vehicle'' means every vehicle which is self-propelled,
12  and every vehicle which is propelled by electric power obtained
13  from overhead trolly wires but not operated upon rails, except ve-
14  hicles moved solely by human power and motorized wheel chairs;
15    (s)  ``out-of-service order'' means a temporary prohibition
16  against driving a commercial motor vehicle, which is imposed when
17  a driver has any measured or detected alcohol concentration while
18  on duty, or operating, or in physical control of a commercial motor
19  vehicle or a declaration by an authorized enforcement officer of a
20  federal, state, Canadian, Mexican or local jurisdiction that a driver,
21  a commercial motor vehicle or a motor carrier operation, is out-of-
22  service pursuant to 49 C.F.R. Part 386.72, 392.5, 395.13, 396.9 or
23  such compatible laws, or the North American out-of-service criteria;
24    (t)  ``residence'' means the place which is adopted by a person as
25  the person's place of habitation and to which, whenever the person
26  is absent, the person has the intention of returning. When a person
27  eats at one place and sleeps at another, the place where the person
28  sleeps shall be considered the person's residence;
29    (u)  ``secretary'' means the secretary of the Kansas department
30  of revenue;
31    (v)  ``serious traffic violation'' means:
32    (1)  Excessive speeding, is defined as 15 miles per hour or more
33  over the posted speed limit;
34    (2)  reckless driving, as defined under K.S.A. 8-1566, and amend-
35  ments thereto;
36    (3)  a violation of any state or local law relating to motor vehicle
37  traffic control, other than a parking violation, arising in connection
38  with an accident or collision resulting in death to any person;
39    (4)  changing lanes of traffic illegally or erratically, as defined
40  under K.S.A. 8-1548, and amendments thereto;
41    (5)  following another vehicle too closely, as defined under
42  K.S.A. 8-1523, and amendments thereto; or
43    (6)  any other violation of a state or local law relating to motor
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 1  vehicle traffic control, other than a parking violation, which the
 2  secretary determines by rule and regulation to be serious;
 3    (w)  ``state'' means a state of the United States and the District
 4  of Columbia;
 5    (x)  ``state of domicile'' means that state where a person has such
 6  person's true, fixed and permanent home and principal residence
 7  and to which such person has the intention of returning whenever
 8  such person is absent;
 9    (y)  ``tank vehicle'' means any commercial motor vehicle that is
10  designed to transport any liquid or gaseous material within a tank
11  that is either permanently or temporarily attached to the vehicle or
12  the chassis. Such vehicles include, but are not limited to, cargo
13  tanks, as defined in 49 C.F.R. 171 in effect on January 1, 1991.
14  However, this definition does not include portable tanks having a
15  rated capacity under 1,000 gallons;
16    (z)  ``United States'' means the 50 states and the District of Co-
17  lumbia;
18    (aa)  ``division'' means the division of vehicles of the Kansas de-
19  partment of revenue;
20    (bb)  ``director'' means the director of the division of vehicles of
21  the Kansas department of revenue;
22    (cc)  ``foreign country'' means any jurisdiction other than the
23  United States;
24    (dd)  ``nonresident commercial driver's license'' means a license
25  issued pursuant to K.S.A. 1996 Supp. 8-2,148, and amendments
26  thereto.
27    Sec. 2 4 [3].  K.S.A. 1996 Supp. 8-234b is 8-234a, 8-234b and 8-
28  2,128 are hereby repealed.
29    Sec. 3 5 [4].  This act shall take effect and be in force from and after
30  its publication in the statute book.