SENATE BILL No. 462
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
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.
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 SENATE BILL No. 462—page 2
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 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. 3. K.S.A. 8-2,133 is hereby repealed. SENATE BILL No. 462—page 3
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE concurred in
HOUSE amendments _______________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.