Ch. 101             1997 Session Laws of Kansas             351

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

Section 1. K.S.A. 1996 Supp. 8-234b is hereby amended to read as
follows: 8-234b. (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,

352             1997 Session Laws of Kansas             Ch. 101

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 ve-
hicle 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 subsection (2) of K.S.A. 8-143, and
amendments thereto;

(5) class B motor vehicles include any single vehicle with a gross ve-
hicle 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 subsection (2) of K.S.A. 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 subsection
(2) of K.S.A. 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; and

(7) class M motor vehicles includes motorcycles.

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

Ch. 101             1997 Session Laws of Kansas             353

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 sat-
isfactorily ability to exercise ordinary and reasonable control in the op-
eration 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. Ex-
cept as provided in K.S.A. 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 require-
ments of the United States department of transportation, in lieu of re-
quiring 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 estab-
lishing 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 con-
tained 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 driv-
ers' 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 per-
son, 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 is-
suance of drivers' licenses.

(g) Notwithstanding the provisions of subsection (a), any person em-
ployed 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.

354             1997 Session Laws of Kansas             Ch. 101

Sec. 2. K.S.A. 1996 Supp. 8-2,128 is hereby amended to read as fol-
lows: 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
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 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, and amendments thereto, ``drive'' includes operation
or physical control of a motor vehicle anywhere in the state;

Ch. 101             1997 Session Laws of Kansas             355

(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;

356             1997 Session Laws of Kansas             Ch. 101

(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) any other violation of a state or local law relating to motor vehicle
traffic control, other than a parking violation, which the secretary deter-
mines 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. 1996 Supp. 8-2,148, and amendments thereto.

Sec. 3. K.S.A. 1996 Supp. 8-234b and 8-2,128 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1997.