1 | 1 | | Session of 2024 |
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2 | 2 | | SENATE BILL No. 462 |
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3 | 3 | | By Committee on Transportation |
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4 | 4 | | 2-6 |
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5 | 5 | | AN ACT concerning motor carriers; relating to the Kansas uniform |
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6 | 6 | | commercial drivers' license act; authorizing the director of vehicles to |
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7 | 7 | | waive the knowledge and skills test for driving a commercial vehicle |
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8 | 8 | | for an applicant that provides evidence that such applicant qualifies for |
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9 | 9 | | the military even exchange program for a commercial driver's license; |
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10 | 10 | | amending K.S.A. 8-2,133 and repealing the existing section. |
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11 | 11 | | Be it enacted by the Legislature of the State of Kansas: |
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12 | 12 | | Section 1. K.S.A. 8-2,133 is hereby amended to read as follows: 8- |
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13 | 13 | | 2,133. (a) Except as provided in K.S.A. 8-2,146, and amendments thereto, |
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14 | 14 | | or as provided in K.S.A. 8-2,148, and amendments thereto, no person may |
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15 | 15 | | be issued a commercial driver's license unless that person is a resident of |
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16 | 16 | | this state and has passed a knowledge and skills test for driving a |
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17 | 17 | | commercial motor vehicle which that complies with minimum federal |
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18 | 18 | | standards established by 49 C.F.R. § 383, subparts E, G and H and has |
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19 | 19 | | satisfied all other requirements of the commercial motor vehicle safety act |
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20 | 20 | | in addition to other requirements imposed by state law or federal |
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21 | 21 | | regulation. The tests shall be prescribed and conducted by the secretary, |
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22 | 22 | | except that the secretary may accept the results of a person's knowledge |
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23 | 23 | | test conducted in another state if such test complies with minimum federal |
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24 | 24 | | standards. The secretary shall accept results of a person's skills test given |
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25 | 25 | | in accordance with the provisions of subsection (c). |
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26 | 26 | | (b) The secretary may authorize a person, including an agency of this |
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27 | 27 | | or another state, an employer, a private driver training facility or other |
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28 | 28 | | private institution, or a department, agency or instrumentality of local |
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29 | 29 | | government, to administer the skills test specified by this section, if: |
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30 | 30 | | (1) The test is the same which would otherwise be administered by |
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31 | 31 | | the state; and |
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32 | 32 | | (2) the third party has entered into an agreement with the state which |
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33 | 33 | | complies with requirements of 49 C.F.R. § 383.75. |
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34 | 34 | | (c) The secretary shall authorize any community college or technical |
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35 | 35 | | college, upon such community college's or technical college's request, to |
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36 | 36 | | administer the skills test required by subsection (a). The secretary shall |
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37 | 37 | | grant priority status to requests by any community college or technical |
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38 | 38 | | college with a truck driver training course in place as of July 1, 2014. The |
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39 | 39 | | secretary shall authorize such testing which that complies with the |
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75 | 75 | | 36 SB 462 2 |
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76 | 76 | | requirements of 49 C.F.R. part 383 in an agreement between the requesting |
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77 | 77 | | community college or technical college and the state. The secretary shall |
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78 | 78 | | adopt rules and regulations to implement the testing procedure provided |
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79 | 79 | | for in this subsection before January 1, 2015. |
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80 | 80 | | (d) A commercial driver's license or commercial driver's instruction |
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81 | 81 | | permit may not be issued to a person while the person is subject to a |
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82 | 82 | | disqualification from driving a commercial motor vehicle, or while the |
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83 | 83 | | person's driver's license is suspended, revoked or canceled in any state; nor |
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84 | 84 | | shall a commercial driver's license be issued to a person who has a |
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85 | 85 | | commercial driver's license issued by any other state unless the person first |
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86 | 86 | | surrenders all such licenses, which must be returned to the issuing state for |
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87 | 87 | | cancellation. |
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88 | 88 | | (e) The director may authorize the skills test required by subsection |
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89 | 89 | | (a) to be waived for an applicant that provides evidence of military |
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90 | 90 | | commercial vehicle driving experience or that such applicant qualifies for |
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91 | 91 | | a waiver under the military even exchange program. To qualify for such a |
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92 | 92 | | waiver, the applicant must satisfy the criteria established by 49 C.F.R. § |
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93 | 93 | | 383.77. |
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94 | 94 | | Sec. 2. K.S.A. 8-2,133 is hereby repealed. |
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95 | 95 | | Sec. 3. This act shall take effect and be in force from and after its |
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96 | 96 | | publication in the statute book. |
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