As Amended by House Committee
Session of 2024
SENATE BILL No. 462
By Committee on Transportation
2-6
AN ACT concerning motor carriers; relating to the Kansas uniform
commercial drivers' license act; authorizing the director of vehicles to
waive the knowledge and skills test for driving a commercial vehicle
for an applicant that provides evidence that such applicant qualifies for
the military even exchange program for a commercial driver's license;
authorizing the director of vehicles to adopt rules and regulations
for participation in the federal motor carrier safety
administration's drug and alcohol clearinghouse program;
disqualifying a person's commercial driving privileges when such
person has violated or is in noncompliance with the requirements
of the clearinghouse; amending K.S.A. 8-2,133 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The director is authorized to adopt any rules
and regulations necessary for the participation in and implementation
of the federal motor carrier safety administration's drug and alcohol
clearinghouse program under 49 C.F.R. § 382, as in effect on July 1,
2024.
(b) Prior to issuing or renewing a commercial driver's license or
instruction permit, the director shall query the federal motor carrier
safety administration's drug and alcohol clearinghouse. The director
shall review the commercial driver's information when notified by the
clearinghouse of a status change to the commercial driver.
(c) The director shall disqualify a driver's commercial driving
privileges within 60 days of receiving notice from the federal motor
carrier safety administration's drug and alcohol clearinghouse that a
driver is found to be in violation of or noncompliance with the
clearinghouse requirements.
(d) A disqualification of commercial driving privileges pursuant
to this section shall be removed upon notification from the federal
motor carrier safety administration's drug and alcohol clearinghouse
that the driver is no longer in violation of or noncompliance with the
clearinghouse requirements.
(e) A disqualification of commercial driving privileges pursuant
to this section shall be removed, as expeditiously as possible, following
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notification from the federal motor carrier safety administration's
drug and alcohol clearinghouse that the driver was erroneously
identified as in violation of or noncompliance with the clearinghouse
requirements.
(f) This section shall be a part of and supplemental to the Kansas
uniform commercial drivers' license act.
Section 1. Sec. 2. K.S.A. 8-2,133 is hereby amended to read as
follows: 8-2,133. (a) Except as provided in K.S.A. 8-2,146, and
amendments thereto, or as provided in K.S.A. 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 that 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 that 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
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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 or that such applicant qualifies for
a waiver under the military even exchange program. To qualify for such a
waiver, the applicant must satisfy the criteria established by 49 C.F.R. §
383.77.
Sec. 2. 3. K.S.A. 8-2,133 is hereby repealed.
Sec. 3. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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