reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-284 Public policy of state.

8-284.
Public policy of state.
It is hereby declared to be the public policy of the state of Kansas:
(a) To provide maximum safety for all persons who travel or otherwise use the public highways of the state;
(b) To deny the privilege of operating motor vehicles on such highways to persons who by their conduct, attitude and record have demonstrated their indifference to the safety and welfare of others and their disrespect for the laws of this state, the orders of its courts and the statutorily required acts of its administrative agencies; and
(c) To discourage repetition of criminal acts by individuals against the peace and dignity of this state and its political subdivisions and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual violators who have been convicted repeatedly of violations of traffic laws.
History:
L. 1972, ch. 32, § 1; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-286 Habitual violator; revocation of driving privileges.

8-286. Habitual violator; revocation of driving privileges.
Whenever the files and records of the division shall disclose that the record of convictions of any person is such that the person is an habitual violator, as prescribed by K.S.A. 8-285, and amendments thereto, the division promptly shall revoke the person's driving privileges for a period of three years, except as allowed under subsection (d)(4) of K.S.A. 8-235, and amendments thereto.
History:
L. 1972, ch. 32, § 3; L. 1973, ch. 32, § 1; L. 1994, ch. 353, § 5; L. 2012, ch. 172, § 7; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-287 Habitual violator; penalty.

8-287. Habitual violator; penalty.
Except as allowed under subsection (d)(4) of K.S.A. 8-235, and amendments thereto, operation of a motor vehicle in this state while one's driving privileges are revoked pursuant to K.S.A. 8-286, and amendments thereto, is a class A nonperson misdemeanor. The person found guilty of a third or subsequent conviction of this section shall be sentenced to not less than 90 days' imprisonment and fined not less than $1,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-6609, and amendments thereto, or any municipal ordinance to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment.
History:
L. 1972, ch. 32, § 4; L. 1992, ch. 239, § 28; L. 1993, ch. 291, § 3; L. 1994, ch. 353, § 6; L. 1999, ch. 164, § 2; L. 2006, ch. 211, § 11; L. 2011, ch. 30, § 90; L. 2012, ch. 172, § 8; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-288 Same; restriction of driver's license; exception.

8-288. Same; restriction of driver's license; exception.
Except as allowed under subsection (d)(4) of K.S.A. 8-235, and amendments thereto, no license to operate a motor vehicle in Kansas shall be issued to a person for a period of three years from the date of the division's order revoking such person's driving privileges pursuant to K.S.A. 8-286, and amendments thereto, and until the person's driving privileges have been restored.
History:
L. 1972, ch. 32, § 5; L. 1984, ch. 37, § 3; L. 1994, ch. 353, § 7; L. 2012, ch. 172, § 9; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-291 Violation of restrictions on driver's license or permit; misdemeanor; penalties.

8-291.
Violation of restrictions on driver's license or permit; misdemeanor; penalties.
(a) It is a misdemeanor for any person to operate a motor vehicle in violation of the restrictions on any driver's license or permit imposed pursuant to any statute.
(b) Except as provided in subsection (c):
(1) Any person guilty of violating this section, upon the first conviction, shall be fined not to exceed $250, and the court shall suspend such person's privilege to operate a motor vehicle for not less than 30 days and not more than two years.
(2) Any person guilty of violating this section, upon a second or subsequent conviction, shall be fined not to exceed $500, and the court shall suspend such person's privilege to operate a motor vehicle for not less than 90 days and not more than two years.
(c) Any person guilty of violating this section, for violating restrictions on a driver's license or permit imposed pursuant to K.S.A. 8-237, 8-296, K.S.A. 8-2,100 or 8-2,101, and amendments thereto:
(1) Upon first conviction, the court shall suspend such person's privilege to operate a motor vehicle for 30 days;
(2) upon a second conviction, the court shall suspend such person's privilege to operate a motor vehicle for 90 days; and
(3) upon a third or subsequent conviction, the court shall suspend such person's privilege to operate a motor vehicle for one year.
(d) Nothing in this section shall limit a court in imposing penalties, conditions or restrictions authorized by any other statute arising from the same occurrence in addition to penalties and suspensions imposed under this section.
History: L. 1983, ch. 27, § 1; L. 1994, ch. 353, § 8; L. 2009, ch. 34, § 7; January 1, 2010.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-293 Driver's license; nonissuance of new or replacement license; exception.

8-293.
Driver's license; nonissuance of new or replacement license; exception.
Except as provided in paragraph (3) of subsection (d) of K.S.A. 8-235, and amendments thereto, no licensee shall be issued a new or replacement driver's license if: (a) The license has been surrendered pursuant to K.S.A. 8-1001, and amendments thereto; (b) the licensee has been issued a temporary license; or (c) a suspension, revocation or cancellation order has been stayed by a court or by the division of vehicles.
History:
L. 1985, ch. 47, § 2; L. 1994, ch. 24, § 4; L. 2000, ch. 179, § 11; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-294 Instruction permit for commercial class motor vehicles or class A or class B motor vehicles.

8-294.
Instruction permit for commercial class motor vehicles or class A or class B motor vehicles.
(a) Any person who is at least 18 years of age may apply to the division for an instruction permit to operate a commercial class A, B or C motor vehicle or a class A or class B motor vehicle, as prescribed in K.S.A. 8-234b, and amendments thereto. The division, in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant an instruction permit which shall entitle the applicant while having such permit in such person's immediate possession to drive a commercial class A, B or C motor vehicle or a class A or class B motor vehicle upon the public highways for a period of three months subject to the following restrictions: (1) The person having the instruction permit may operate a commercial class A motor vehicle at any time, when accompanied by a holder of a valid commercial class A driver's license, who has had at least one year of driving experience and who is occupying a seat beside the driver;
(2) the person having the instruction permit may operate a commercial class B motor vehicle at any time, when accompanied by a holder of a valid commercial class A or class B driver's license, who has had at least one year of driving experience and who is occupying a seat beside the driver.
(3) the person having the instruction permit may operate a commercial class C motor vehicle at any time, when accompanied by a holder of a valid commercial class A, B or C driver's license, who has had at least one year of driving experience and who is occupying a seat beside the driver; or
(4) the person having the instruction permit may operate a class A or B motor vehicle at any time, when accompanied by a holder of a valid commercial class A, B or C or class A or B driver's license, who has had at least one year of driving experience and who is occupying a seat beside the driver.
(b) The secretary of revenue may adopt rules and regulations for the implementation of the provisions of this section.
History: L. 1988, ch. 38, § 1; L. 1989, ch. 38, § 34; January 1, 1991.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-295 Vision standards for drivers' licenses.

8-295. Vision standards for drivers' licenses.
Each driver's license examiner shall use the following vision standards for driver's license applicants:
(a) Each applicant testing 20/40 or better in at least one eye at the examination station shall meet the vision requirements. The driver's license examiner shall give each applicant failing to meet this test a vision form and refer the applicant to an ophthalmologist or optometrist of the applicant's choice.
(b) Each applicant who has received a vision report from an ophthalmologist or optometrist shall have 20/60 or better vision in at least one eye, with or without standard corrective lens, as determined by an ophthalmologist or optometrist to be eligible to be issued a driver's license.
(c) The driver's license examiner shall require each individual with a reading of 20/60 in the better eye, with or without standard corrective lens, to submit to a driver's test.
(d) An applicant failing to meet any of the above standards may be issued a driver's license if the applicant can demonstrate that the applicant can safely operate a vehicle and has had a good driving record for the previous three years. The division may impose reasonable restrictions on such license, as provided in K.S.A. 8-245, and amendments thereto.
(e) An applicant failing to meet the standards in subsections (a) through (d) shall be afforded a hearing in the manner prescribed by K.S.A. 8-255(c), and amendments thereto.
(f) No optometrist or ophthalmologist reporting to the division or to the medical advisory board in good faith any information that such person has relating to the vision of an applicant for a driver's license shall be liable for damages to any person subsequent to the issuance or the renewal of a driver's license to the applicant.
History:
L. 1989, ch. 33, § 1; L. 1993, ch. 100, § 2; L. 2001, ch. 82, § 3; L. 2022, ch. 38, § 1; April 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-297 Continuation of driving privileges for certain drivers' licenses.

8-297.
Continuation of driving privileges for certain drivers' licenses.
Notwithstanding any other provisions of this act, any person who held any valid restricted class C or class M driver's license, instruction permit, restricted instruction permit or farm permit on the effective date of this act may continue to operate motor vehicles subject to the conditions, limitations and restrictions contained in K.S.A. 8-237, 8-239 and 8-296, and amendments thereto, as in effect on December 31, 2009.
History: L. 1993, ch. 154, § 8; L. 2009, ch. 34, § 9; January 1, 2010.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-298 Voluntary surrender of driver's license.

8-298.
Voluntary surrender of driver's license.
(a) The division of vehicles shall accept any voluntary surrender of a driver's license by the licensee.
(b) A licensee may surrender such licensee's driver's license at any driver license examination station and such driver's license shall be forwarded to the division. Upon surrender of such driver's license, the division shall note on the person's driving record that such driver's license has been voluntarily surrendered.
(c) Nothing herein shall prohibit a person from applying or the division from granting a new driver's license upon application of such person, if the person is otherwise eligible to apply for a driver's license. No person who has voluntarily surrendered such person's driver's license shall be eligible to apply for a new license for a period of at least 90 days.
(d) The voluntary surrender of a driver's license under this section shall not affect the authority of the division or of a court to suspend, revoke, cancel or withdraw the person's driving privileges or the privilege to obtain a driver's license under any other statute or ordinance.
(e) This section shall be part of and supplemental to the motor vehicle drivers' license act.
History:
L. 1995, ch. 45, § 1; L. 1996, ch. 219, § 4; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-299 Photo fee fund; expenditures.

8-299.
Photo fee fund; expenditures.
There is hereby created in the state treasury the photo fee fund. All moneys credited to the photo fee fund shall be used by the department of revenue only for the purpose of funding the administration and operation, including equipment, associated with the issuance of drivers' licenses, identification cards and licenses to carry concealed weapons. All expenditures from the photo fee fund shall be made in accordance with appropriation acts, upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the department of revenue.
History: L. 2003, ch. 63, § 1; L. 2008, ch. 138, § 2; January 1, 2009.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,100 Instruction permits; conditions, restrictions and requirements; under 17 years of age.

8-2,100.
Instruction permits; conditions, restrictions and requirements; under 17 years of age.
(a) Any person who is at least 14 years of age, but less than 17 years of age may apply to the division for an instruction permit. The division may issue an instruction permit under this section to any person who is at least 14 years of age, but less than 16 years of age only upon written application of a parent or guardian of the minor. The division may in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit for a period of one year.
(b) An instruction permit issued under this subsection shall authorize the permit holder to drive a passenger car under the following conditions:
(1) The permit holder shall be in immediate possession of the instruction permit;
(2) a supervising driver shall be seated beside the permit holder in the front seat of the passenger car when such car is in motion. The supervising driver shall be an adult who is at least 21 years of age who is the holder of a valid commercial driver's license, class A, B or C driver's license and who has at least one year of driving experience. No person other than the supervising driver can be in the front seat;
(3) the permit holder may drive at any time in accordance with the provisions of this section;
(4) the permit holder shall not operate a wireless communication device while driving a passenger car, except that a permit holder may operate a wireless communications device while driving a passenger car to report illegal activity or to summons medical or other emergency help.
(c) Any person who is at least 14 years of age, but less than 17 years of age may apply for an instruction permit to operate a motorcycle either separate from or in conjunction with an instruction permit to operate a passenger car. The applicant shall successfully pass all parts of the examination other than the driving test. An instruction permit issued under this subsection shall authorize the permit holder to operate a motorcycle if such permit holder is accompanied by an adult who is at least 21 years of age, who is the holder of a valid class M driver's license, who has had at least one year of driving experience and who is either riding a motorcycle in the general proximity of the permit holder or is riding as a passenger on the motorcycle being operated by the permit holder.
(d) An instruction permit issued under this section is subject to suspension or revocation in the same manner as any other driver's license. An instruction permit shall be suspended in accordance with K.S.A. 8-291, and amendments thereto, for any violation of restrictions under this section.
(e) This section shall be a part of and supplemental to the motor vehicle driver's license act.
History: L. 2009, ch. 34, § 1; L. 2010, ch. 146, § 5; May 27.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,102 Cody's law.

8-2,102.
Cody's law.
The provisions of K.S.A. 8-2,100 and 8-2,101, and amendments thereto, shall be known as Cody's law.
History: L. 2009, ch. 34, § 10; January 1, 2010.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,125 Uniform commercial driver's license act; citation of act; effective date.

8-2,125.
Uniform commercial driver's license act; citation of act; effective date.
K.S.A. 8-2,125 through 8-2,142 may be cited as the Kansas uniform commercial drivers' license act and shall govern commercial drivers' licenses on and after January 1, 1991.
History:
L. 1989, ch. 38, § 1; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,126 Same; purpose of act.

8-2,126.
Same; purpose of act.
(a) The purpose of this act is to implement the federal commercial motor vehicle safety act of 1986 (title XII of public law 99-570) and reduce or prevent commercial motor vehicle accidents, fatalities and injuries by:
(1) Permitting commercial drivers to hold only one driver's license;
(2) disqualifying commercial drivers who have committed certain serious traffic violations or other specified offenses; and
(3) strengthening driver licensing and testing standards.
(b) This act is remedial law and shall be liberally construed to promote public health, safety and welfare. To the extent that this act conflicts with general driver licensing provisions, this act prevails. Where this act is silent, the general driver licensing provisions apply.
History:
L. 1989, ch. 38, § 2; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,127 Uniform commercial driver's license act; vehicles exempt from act.

8-2,127. Uniform commercial driver's license act; vehicles exempt from act.
Vehicles that are exempt from this act include:
(a) Farm vehicles, defined as follows:
(1) Registered as a farm truck or truck tractor under K.S.A. 8-143, and amendments thereto;
(2) used to transport either agricultural products, farm machinery, farm supplies, or both, to or from a farm;
(3) not used in the operations of a common motor carrier; and
(4) used either in:
(A) Intrastate commerce; or
(B) interstate commerce within 150 air miles of any farm or farms owned or leased by the registered owner of such farm vehicle;
(b) vehicles operated by firefighters and other persons that are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances or other vehicles that are used in response to emergencies;
(c) military vehicles that are operated by military personnel in pursuit of military purposes and all noncivilian operators of equipment owned or operated by the United States department of defense. This applies to any active duty military personnel and members of the reserves and national guard on active duty, including personnel on full-time national guard duty, personnel on part-time training and national guard military technicians, civilians who are required to wear military uniforms and are subject to the uniform code of military justice or the Kansas code of military justice;
(d) motor vehicles that would otherwise be considered commercial motor vehicles, if such vehicles are used solely and exclusively for private noncommercial use and any operator of such vehicles;
(e) farm tractors operated by an implement dealer, or employee thereof, when moved or transported in accordance with K.S.A. 8-1918, and amendments thereto; and
(f) motor grader vehicles operated by an employee of a municipality, as defined in K.S.A. 75-6102, and amendments thereto, if such employee is operating the motor grader vehicle within the boundaries of such municipality.
History:
L. 1989, ch. 38, § 3; L. 1991, ch. 36, § 14; L. 2002, ch. 61, § 1; L. 2003, ch. 124, § 3; L. 2013, ch. 14, § 1; L. 2014, ch. 14, § 3; L. 2021, ch. 47, § 1; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,129 Same; one driver's license restriction.

8-2,129.
Same; one driver's license restriction.
No person who drives a commercial motor vehicle may have more than one driver's license, except during the ten-day period beginning on the date the person is issued a driver's license.
History:
L. 1989, ch. 38, § 5; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,130 Same; driver must notify division and employer of traffic violations or suspensions, revocations or cancellations of driver's license; information required to be provided by driver to employer.

8-2,130.
Same; driver must notify division and employer of traffic violations or suspensions, revocations or cancellations of driver's license; information required to be provided by driver to employer.
(a) (1) Any driver of a commercial motor vehicle holding a driver's license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in any other state, or federal, provincial, territorial or municipal laws of Canada, other than parking violations, shall notify the division in the manner specified by the division within 30 days of the date of conviction.
(2) Any driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or federal, provincial, territorial or municipal laws of Canada, other than parking violations, must notify such person's employer, in writing, of the conviction within 30 days of the date of conviction.
(b) Any driver whose driver's license is suspended, revoked or cancelled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, must notify such person's employer of that fact before the end of the business day following the day the driver received notice of that fact.
(c) Any person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the 10 years preceding the date of application:
(1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(2) the dates between which the applicant drove for each employer; and
(3) the reason for leaving that employer.
The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
History:
L. 1989, ch. 38, § 6; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,131 Same; requirements which must be complied with by employer of commercial driver.

8-2,131.
Same; requirements which must be complied with by employer of commercial driver.
(a) An employer shall require the applicant to provide the information specified in subsection (c) of K.S.A. 8-2,130, and amendments thereto.
(b) No employer shall knowingly allow, require, permit or authorize a driver to drive a commercial motor vehicle:
(1) During any period in which the driver has a driver's license suspended, revoked or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state or has been disqualified from driving a commercial motor vehicle;
(2) during any period in which the driver has more than one driver's license, except during the ten-day period beginning on the date the employee is issued a driver's license;
(3) during any period in which the employee, the motor vehicle such employee is driving or the motor carrier operation is subject to an out-of-service order; or
(4) in violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings.
History:
L. 1989, ch. 38, § 7; L. 1995, ch. 190, § 3; L. 2006, ch. 54, § 4; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,132 Same; driver of commercial vehicle must have a commercial class driver's license to operate vehicle; violations; penalty.

8-2,132.
Same; driver of commercial vehicle must have a commercial class driver's license to operate vehicle; violations; penalty.
(a) On and after April 1, 1992, except when driving under a commercial class A, B or C or class A or B instruction permit or a valid class C license and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person has a valid commercial driver's license and is in immediate possession thereof and applicable endorsements valid for the vehicle they are driving, except that no person charged with violating this subsection shall be convicted if such person produces in court or the office of the arresting officer a commercial driver's license issued to such person and valid at the time of the arrest.
(b) No person shall drive a commercial motor vehicle while their driving privilege is suspended, revoked or canceled or while subject to a disqualification.
(c) No person shall drive a commercial motor vehicle in violation of an out-of-service order.
(d) Any commercial driver in violation of this section shall be guilty of a class B misdemeanor.
History: L. 1989, ch. 38, § 8; L. 1990, ch. 45, § 1; L. 2003, ch. 42, § 4; April 17.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,134 Same; applying for commercial license; replacement license, when; requiring state license, when.

8-2,134.
Same; applying for commercial license; replacement license, when; requiring state license, when.
(a) When applying for a commercial driver's license or instruction permit, the requirements of K.S.A. 8-240, and amendments thereto, must be complied with.
(b) When the holder of a commercial driver's license changes such person's name, mailing address or residence, an application for a replacement license shall be made as provided in K.S.A. 8-246, and amendments thereto.
(c) No person who has been a resident of this state for 30 days shall drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.
(d) Any person who knowingly falsifies information or certifications required under subsection (a) is subject to suspension, revocation or cancellation of such person's commercial driver's license for a period of at least 60 consecutive days.
History:
L. 1989, ch. 38, § 10; L. 1994, ch. 24, § 5; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,136 Same; prohibiting driving with alcohol in person's system; out-of-service order.

8-2,136.
Same; prohibiting driving with alcohol in person's system; out-of-service order.
(a) Notwithstanding any other provisions of this act, a driver shall not drive, operate or be in physical control of a commercial motor vehicle while having alcohol in such driver's system.
(b) A driver who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in such driver's system or who refuses to take a test to determine their alcohol content as provided by K.S.A. 8-2,142, and amendments thereto, shall be placed out-of-service for 24 hours.
(c) A driver convicted of violating an out-of-service order while driving or operating a commercial motor vehicle shall be subject to the following disqualifications:
(1) First conviction, the driver is disqualified for 90 days;
(2) second conviction, the driver is disqualified for one year;
(3) third and subsequent conviction, the driver is disqualified for three years.
History:
L. 1989, ch. 38, § 12; L. 1995, ch. 190, § 6; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,137 Same; tests for alcohol or drugs; consent implied.

8-2,137.
Same; tests for alcohol or drugs; consent implied.
(a) A person who drives a commercial motor vehicle within this state is deemed to have given consent, subject to provisions of K.S.A. 8-1001 et seq., and amendments thereto, and K.S.A. 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.
History:
L. 1989, ch. 38, § 13; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,138 Same; notification of conviction of traffic control to licensing state.

8-2,138.
Same; notification of conviction of traffic control to licensing state.
(a) Within 30 days after the conviction of any nonresident holder of a commercial driver's license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in any type of vehicle, the division shall notify the driver licensing authority in the licensing state of the conviction.
(b) Within 30 days after the conviction of any nonresident who is not a holder of a commercial driver's license, but who is licensed to drive by another state, for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the division shall notify the driver licensing authority in the licensing state of the conviction.
(c) Within 30 days of receiving notification from the licensing authority of another state of a conviction under subsection (a) or (b), the division shall record such conviction on the driver's record.
(d) On and after September 30, 2008, the notification required in subsections (a) and (b) and the recordation of convictions under subsection (c) shall be made within 10 days of the conviction.
History:
L. 1989, ch. 38, § 14; L. 2006, ch. 54, § 5; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,139 Same; division to provide information to certain persons; fee.

8-2,139.
Same; division to provide information to certain persons; fee.
Notwithstanding any other provision of law to the contrary, the division must furnish full information regarding the driving record of any person who is the holder of a commercial driver's license:
(a) To the driver license administrator of any other state, or province or territory of Canada, requesting that information;
(b) to any employer or prospective employer upon request and payment of a fee authorized pursuant to K.S.A. 74-2012, and amendments thereto;
(c) to insurers upon request and payment of a fee authorized pursuant to K.S.A. 74-2012, and amendments thereto.
History: L. 1989, ch. 38, § 15; L. 1990, ch. 41, § 9; January 1, 1991.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,140 Same; rules and regulations.

8-2,140.
Same; rules and regulations.
The secretary may adopt any rules and regulations necessary to carry out the provisions of this act.
History:
L. 1989, ch. 38, § 16; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,141 Same; exemption from state license.

8-2,141.
Same; exemption from state license.
Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver's license issued by any state in accordance with the minimum federal standards for the issuance of commercial motor vehicle drivers' licenses or by a foreign jurisdiction which tests drivers and issues commercial drivers' licenses in accordance with or under standards similar to the minimum federal standards, as determined by the federal motor carrier safety administration, if the person is not suspended, revoked or canceled; and if the person is not disqualified from driving a commercial motor vehicle, or subject to an out-of-service order.
History:
L. 1989, ch. 38, § 17; L. 2006, ch. 54, § 6; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,143 Commercial driver's license; surrender of license issued by another state; hazardous materials endorsement.

8-2,143.
Commercial driver's license; surrender of license issued by another state; hazardous materials endorsement.
When any person applies for a commercial driver's license, and has a commercial driver's license issued by another state, the person shall surrender the license issued by the prior state of domicile and complete the application form required by subsection (b) of K.S.A. 8-2,134, and amendments thereto, including all required information and certifications. If the applicant previously held and desires to retain a hazardous materials endorsement, and it has been more than two years since the applicant passed the written test for the endorsement, the applicant shall be required to take and pass the written test administered by this state for the hazardous materials endorsement.
History:
L. 1991, ch. 36, § 3; May 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,147 Commercial drivers' licenses; farm custom harvesting operations; age.

8-2,147.
Commercial drivers' licenses; farm custom harvesting operations; age.
(a) The division may issue a commercial driver's license to an applicant who is a resident of this state and who is at least 16 years of age for the operation of commercial class B and commercial class C motor vehicles for a farm custom harvesting operation. Any person applying for or who is issued a commercial driver's license under this section shall be subject to the provisions of K.S.A. 8-2,125 through 8-2,145, and amendments thereto.
(b) For the purpose of this section, "farm custom harvesting operations" means a person, firm, partnership, association or corporation engaged in farm custom harvesting operations if the motor vehicle is used to:
(1) Transport farm machinery, supplies, or both, to or from a farm, for custom harvesting operations on a farm; or
(2) transport custom harvested crops only from a harvested field to initial storage or to initial market locations.
(c) The provisions of this section shall be a part of and supplemental to the Kansas uniform commercial drivers' license act.
History:
L. 1993, ch. 222, § 1; April 22.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,148 Nonresident commercial driver's license; requirements.

8-2,148.
Nonresident commercial driver's license; requirements.
(a) The division may issue a nonresident commercial driver's license to an applicant who is at least 18 years of age and employed by a Kansas employer but is a resident of a foreign country for the operation of any commercial class of vehicles if such person has passed a knowledge and skills test pursuant to K.S.A. 8-2,133, and amendments thereto. Any person who is applying for a nonresident commercial driver's license shall be subject to the provisions of K.S.A. 8-2,125 through 8-2,145, and amendments thereto;
(b) A nonresident commercial driver's license issued pursuant to subsection (a) shall contain on the face of the license the statement "nonresident commercial driver's license" or "nonresident CDL";
(c) Any such license issued pursuant to subsection (a) shall be valid only for the period the nonresident is authorized to be employed in the United States. The fee for a nonresident commercial driver's license will be the same as for a resident commercial driver's license;
(d) If the nonresident applicant is the holder of a nonresident commercial driver's license issued by another state, such license shall be surrendered to the state of Kansas at the time a Kansas nonresident commercial driver's license is issued;
(e) The provisions of this section shall be a part of and supplemental to the Kansas uniform commercial drivers' license act.
History:
L. 1994, ch. 186, § 1; April 21.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,149 Commercial driver's licenses; school bus endorsement; waiver of driving skills test; requirements.

8-2,149.
Commercial driver's licenses; school bus endorsement; waiver of driving skills test; requirements.
(a) Until September 30, 2005, the driving skills test required under 49 C.F.R. § 383.123 may be waived for an applicant for a school bus endorsement, if such applicant is currently licensed, has experience driving a school bus, has a good driving record and meets the conditions contained in subsection (b).
(b) An applicant must certify and the division must verify that, during the two-year period immediately prior to applying for the school bus endorsement, the applicant:
(1) Held a valid commercial driver's license with a passenger vehicle endorsement to operate a school bus representative of the group the application* will be driving;
(2) has not had such applicant's driver's license or commercial driver's license suspended, revoked or canceled or been disqualified from operating a commercial motor vehicle;
(3) has not been convicted of any of the disqualifying offenses in subsection (a) or (e) of K.S.A. 8-2,142, and amendments thereto;
(4) has not had more than one conviction of any of the serious traffic violations defined in K.S.A. 8-2,128, and amendments thereto, while operating any type motor vehicle;
(5) has not had any conviction for a violation of state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident;
(6) has not been convicted of any motor vehicle traffic violation that resulted in an accident; and
(7) has been regularly employed as a school bus driver, has operated a school bus representative of the group the applicant seeks to drive and provides evidence of such employment.
(c) The provisions of this section shall be a part of and supplemental to the Kansas uniform commercial drivers' license act.
History: L. 2003, ch. 42, § 1; April 17.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,150 Commercial driver's licenses; diversion agreements or masking of imposition of judgement not allowed.

8-2,150. Commercial driver's licenses; diversion agreements or masking of imposition of judgement not allowed.
(a) A driver or a holder of a commercial driver's license may not enter into a diversion agreement in lieu of further criminal proceedings that would prevent such person's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law, except a parking violation, from appearing on the person's record, whether the person was convicted for an offense committed in the state where the person is licensed or another state.
(b) For purposes of subsection (a), a person shall be considered a holder of a commercial driver's license if the person was a holder of a commercial driver's license at the time the person was arrested or was issued a citation and shall remain a holder of a commercial driver's license even if the person surrenders the commercial driver's license after the arrest or citation.
(c) (1) A prosecuting attorney as defined in K.S.A. 22-2202, and amendments thereto, shall not mask or defer imposition of judgment or allow an individual to enter into a diversion program that would prevent a commercial learner's permit or commercial driver's license holder's conviction from appearing on the CDLIS driver record of any violation of a state or local traffic control law that occurred in any type of motor vehicle. The provisions of this subsection shall apply regardless of whether the driver was convicted for an offense committed in the state where the driver is licensed or in any another state.
(2) The provisions of this subsection shall not apply to parking, vehicle weight or vehicle defect violations.
(d) The provisions of this section shall be a part of and supplemental to the Kansas uniform commercial drivers' license act.
History:
L. 2003, ch. 42, § 2; L. 2010, ch. 146, § 7; L. 2022, ch. 80, § 10; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,151 Commercial driver's licenses; hazardous materials endorsement; requirements; hazmat fee fund.

8-2,151.
Commercial driver's licenses; hazardous materials endorsement; requirements; hazmat fee fund.
(a) Beginning July 1, 2004, or upon final determination by the transportation security administration of the date for implementation of the requirements of 49 C.F.R. § 1572, whichever is later, the division shall not issue, renew, upgrade or transfer a hazardous materials endorsement for a commercial driver's license to any person authorizing that person to operate a commercial motor vehicle transporting a hazardous material in commerce unless the individual complies with the requirements of 49 C.F.R. § 1572.
(b) At least 60 days before the expiration date of a commercial driver's license or hazardous materials endorsement, the division shall notify the holder of a hazardous materials endorsement that the person must pass a transportation security administration security screening process, 49 C.F.R. § 1572, as part of any application for renewal of the hazardous materials endorsement. The notice must advise the person that, in order to expedite the security screening process, the person should file a renewal application as soon as possible, but not later than 30 days before the date of expiration of the endorsement. Any person who does not successfully complete the security screening process, shall not be issued a hazardous materials endorsement.
(c) An individual must submit fingerprints, in a form and manner specified by the division, when such individual applies to obtain, renew or transfer a hazardous materials endorsement for a commercial driver's license. A fee not to exceed $100 shall be charged to such individual for collecting the fingerprints and generating the individual's criminal history.
(d) There is hereby created in the state treasury the hazmat fee fund. All moneys credited to the hazmat fee fund shall be used by the department of revenue only for the purpose of funding the collecting of fingerprints and the generating of the criminal history of individuals applying for the hazardous materials endorsement for a commercial driver's license. All expenditures from the hazmat fee fund shall be made in accordance with appropriation acts, upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the department of revenue.
(e) The division shall revoke a person's hazardous materials endorsement if the person does not meet the standards for security threat assessment under 49 C.F.R. § 1572.
(f) For the purpose of this section "revoke" means the process by which the division cancels, suspends, withdraws, annuls or disqualifies a hazardous material endorsement.
(g) The provisions of this section shall be a part of and supplemental to the Kansas uniform commercial drivers' license act.
History: L. 2004, ch. 155, § 6; L. 2005, ch. 31, § 2; April 7.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,152 Commercial driver's licenses; civil penalties.

8-2,152.
Commercial driver's licenses; civil penalties.
(a) A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $1,100 nor more than $2,750, in addition to any disqualification under K.S.A. 8-2,142, and amendments thereto.
(b) An employer who is convicted of violating subsection (b)(3) of K.S.A. 8-2,131, and amendments thereto, shall be subject to a civil penalty of not less than $2,750 nor more than $11,000.
(c) An employer who is convicted of a violation of subsection (b)(4) of K.S.A. 8-2,131, and amendments thereto, shall be subject to a civil penalty of not less than $2,750 nor more than $11,000.
(d) Civil penalties shall be enforced and collected by an attorney for the division of vehicles in the appropriate district court.
(e) Civil penalties shall be remitted in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state highway fund.
(f) The provisions of this section shall be a part of and supplemental to the Kansas uniform commercial drivers' license act.
History:
L. 2006, ch. 54, § 1; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,153 Commercial driver's licenses; violation of act; penalty.

8-2,153.
Commercial driver's licenses; violation of act; penalty.
(a) It shall be unlawful and constitute a class B misdemeanor for any person to violate any of the provisions of the Kansas uniform commercial drivers' license act, unless a different penalty is prescribed by this act.
(b) The provisions of this section shall be a part of and supplemental to the Kansas uniform commercial drivers' license act.
History:
L. 2006, ch. 54, § 2; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,154 Commercial driver's license drive test fee fund; use of moneys.

8-2,154. Commercial driver's license drive test fee fund; use of moneys.
There is hereby created in the state treasury the commercial driver's license drive test fee fund. All moneys credited to the commercial driver's license drive test fee fund shall be used by the department of revenue only for the purposes of funding the administration and operation of the commercial driver's license drive test, including software maintenance and enhancement, equipment maintenance and purchase, acquisition and maintenance of one or more test tracks or courses for conducting a driving test, training and marketing associated with the operations for the division of vehicles regarding the issuance of commercial driver's licenses. All expenditures from the commercial driver's license drive test fee fund shall be made in accordance with appropriation acts, upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the department of revenue.
History:
L. 2015, ch. 47, § 1; July 1.