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;
amending K.S.A. 8-2,133 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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
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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. 2. K.S.A. 8-2,133 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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