(a) "Alcohol" means any substance containing any form of alcohol
including, but not limited to, ethanol, methanol, propanol and isopropanol;
(b) "alcohol concentration" means:
(1) The number of grams of alcohol per 100 milliliters of blood; or
(2) the number of grams of alcohol per 210 liters of breath;
(c) "commercial driver's license" means a commercial license issued
pursuant to
K.S.A. 8-234b, and amendments thereto;
(d) "commercial driver license system" means the information system
established pursuant to the commercial motor vehicle safety act of 1986 to
serve as a clearinghouse for locating information related to the licensing
and identification of commercial motor vehicle drivers;
(e) "instruction permit" means a permit issued
pursuant to K.S.A. 8-294, and amendments thereto;
(f) "commercial motor vehicle" means a motor vehicle
designed or used to transport passengers or property, if:
(1) The vehicle has a gross vehicle weight rating of 26,001 or more
pounds or such lesser rating, as determined by
rules and regulations adopted by the secretary, but shall not be more
restrictive than the
federal regulation;
(2) the vehicle is designed to transport 16 or more passengers,
including the driver; or
(3) the vehicle is transporting hazardous materials and is required to
be placarded in accordance with 49 C.F.R. 172, subpart F;
(g) "controlled substance" means any substance so classified under
K.S.A. 2009 Supp. 21-36a01, and amendments thereto;
(h) "conviction" means an unvacated adjudication of guilt or a
determination that a person has violated or failed to comply with the law
and in a court of original jurisdiction or an administrative proceeding, an
unvacated forfeiture of bail or collateral deposited to secure the person's
appearance in court, a plea of guilty or nolo contendere accepted by the
court, the payment of a fine or court cost, or violation of a condition of
release without bail, regardless of whether the penalty is rebated, suspended
or probated;
(i) "disqualification" means any of the following:
(1) The suspension, revocation, or cancellation of a commercial driver's
license by the state or jurisdiction of issuance;
(2) any withdrawal of a person's privileges to drive a commercial motor
vehicle by a state or other jurisdiction as the result of a violation of state
or local law relating to motor vehicle traffic control, other than parking,
vehicle weight or vehicle defect violations;
(3) a determination by the federal motor carrier safety administration that a
person is not qualified to operate a commercial motor vehicle under 49 C.F.R.
391;
(j) "drive" means to drive, operate or be in physical control of a motor
vehicle in any place open to the general public for purposes of vehicular
traffic. For purposes of
K.S.A. 8-2,137, 8-2,138, 8-2,142, 8-2,144 and 8-2,145, and
amendments
thereto, "drive"
includes operation or physical control of a motor vehicle anywhere in the
state;
(k) "driver" means any person who drives, operates or is in physical
control of a commercial motor vehicle, in any place open to the general
public for purposes of vehicular traffic, or who is required to hold a
commercial driver's license;
(l) "driver's license" means any driver's license or any other license or
permit to operate a motor vehicle issued under, or granted by, the laws of
this state, including:
(1) Any temporary license or instruction;
(2) the privilege of any person to drive a motor vehicle whether or not
such person holds a valid license; or
(3) any nonresident's operating privilege;
(m) "employer" means any person, including the United States, a state or
a political subdivision of a state, who owns or leases a commercial motor
vehicle or assigns a person to drive a commercial motor vehicle;
(n) "endorsement" means an authorization to an individual's commercial
driver's license required to permit the individual to operate certain types
of commercial motor vehicles;
(o) "felony" means any offense under state or federal law that is
punishable by death or imprisonment for a term exceeding one year;
(p) "gross vehicle weight rating" means the value specified by the
manufacturer as the maximum loaded weight of a single or a combination
(articulated) vehicle.
The gross vehicle weight rating of a combination (articulated) vehicle
(commonly referred to as the "gross combination weight rating") is the gross
vehicle weight rating of the power unit plus the gross vehicle weight
rating of the towed unit or units;
(q) "hazardous materials" means any material that has been designated as
hazardous
under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49
C.F.R. part 172 or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73;
(r) "motor vehicle" means every vehicle which is self-propelled, and
every vehicle which is propelled by electric power obtained from overhead
trolley wires but not operated upon rails, except vehicles moved solely by
human power and motorized wheel chairs;
(s) "out-of-service order" means a temporary prohibition against driving
a commercial motor vehicle, which is imposed when a driver has any measured
or detected alcohol concentration while on duty, or operating, or in
physical control of a commercial motor vehicle or a declaration by an
authorized enforcement officer of a federal, state, Canadian, Mexican or local
jurisdiction that a driver, a commercial motor vehicle or a motor carrier
operation, is out-of-service pursuant to 49 C.F.R. Part 386.72, 392.5, 395.13,
396.9 or such compatible laws, or the North American out-of-service criteria;
(t) "residence" means the place which is adopted by a person as the
person's place of habitation and to which, whenever the person is absent,
the person has the intention of returning. When a person eats at one place
and sleeps at another, the place where the person sleeps shall be
considered the person's residence;
(u) "secretary" means the secretary of the Kansas department of revenue;
(v) "serious traffic violation" means:
(1) Excessive speeding, is defined as 15 miles per hour or more over the
posted speed limit;
(2) reckless driving, as defined under K.S.A. 8-1566, and amendments
thereto;
(3) a violation of any state or local law relating to motor vehicle
traffic control, other than a parking violation, arising in connection with
an accident or collision resulting in death to any person;
(4) changing lanes of traffic illegally or erratically, as defined under
K.S.A. 8-1548, and amendments thereto;
(5) following another vehicle too closely, as defined under K.S.A.
8-1523, and amendments thereto;
(6) a violation of subsection (a) of K.S.A. 8-2,132, and amendments
thereto; or
(7) any other violation of a state or local law relating to
motor
vehicle traffic control, other than a parking violation, which the
secretary determines by rule and regulation to be serious;
(w) "state" means a state of the United States and the District of Columbia;
(x) "state of domicile" means that state where a person has such
person's true, fixed and permanent home and principal residence and to
which such person has the intention of returning whenever such person is
absent;
(y) "tank vehicle" means any commercial motor vehicle that is designed
to transport any liquid or gaseous material within a tank that is either
permanently or temporarily attached to the vehicle or the chassis. Such
vehicles include, but are not limited to, cargo tanks, as defined in 49
C.F.R. 171. However, this definition does
not
include portable tanks having
a rated capacity under 1,000 gallons;
(z) "United States" means the 50 states and the District of Columbia;
(aa) "division" means the division of vehicles of the Kansas
department of revenue;
(bb) "director" means the director of the division of vehicles of the
Kansas department of revenue;
(cc) "foreign country" means any jurisdiction other than the United
States;
(dd) "nonresident commercial driver's license" means a license issued
pursuant to K.S.A. 8-2,148, and amendments thereto;
(ee) "fatality" means the death of a person as a result of a motor vehicle
accident;
(ff) "noncommercial motor vehicle" means a motor vehicle or combination of
motor vehicles not defined by the term commercial motor vehicle in subsection
(f);
(gg) "school bus" means a commercial motor vehicle used to transport
preprimary, primary or secondary school students from home to school, from
school to home or to and from school-sponsored events. School bus does not
include a bus used as a common carrier.
History: L. 1989, ch. 38, § 4;
L. 1990, ch. 41, § 6;
L. 1991, ch. 36, § 15;
L. 1994, ch. 186, § 2;
L. 1995, ch. 190, § 2;
L. 1997, ch. 101, § 2;
L. 2003, ch. 42, § 3;
L. 2006, ch. 54, § 3;
L. 2009, ch. 32, § 18; July 1.
(a) "Alcohol" means any substance containing any form of alcohol
including, but not limited to, ethanol, methanol, propanol and isopropanol;
(b) "alcohol concentration" means:
(1) The number of grams of alcohol per 100 milliliters of blood; or
(2) the number of grams of alcohol per 210 liters of breath;
(c) "commercial driver's license" means a commercial license issued
pursuant to
K.S.A. 8-234b, and amendments thereto;
(d) "commercial driver license system" means the information system
established pursuant to the commercial motor vehicle safety act of 1986 to
serve as a clearinghouse for locating information related to the licensing
and identification of commercial motor vehicle drivers;
(e) "instruction permit" means a permit issued
pursuant to K.S.A. 8-294, and amendments thereto;
(f) "commercial motor vehicle" means a motor vehicle
designed or used to transport passengers or property, if:
(1) The vehicle has a gross vehicle weight rating of 26,001 or more
pounds or such lesser rating, as determined by
rules and regulations adopted by the secretary, but shall not be more
restrictive than the
federal regulation;
(2) the vehicle is designed to transport 16 or more passengers,
including the driver; or
(3) the vehicle is transporting hazardous materials and is required to
be placarded in accordance with 49 C.F.R. 172, subpart F;
(g) "controlled substance" means any substance so classified under
K.S.A. 2009 Supp. 21-36a01, and amendments thereto;
(h) "conviction" means an unvacated adjudication of guilt or a
determination that a person has violated or failed to comply with the law
and in a court of original jurisdiction or an administrative proceeding, an
unvacated forfeiture of bail or collateral deposited to secure the person's
appearance in court, a plea of guilty or nolo contendere accepted by the
court, the payment of a fine or court cost, or violation of a condition of
release without bail, regardless of whether the penalty is rebated, suspended
or probated;
(i) "disqualification" means any of the following:
(1) The suspension, revocation, or cancellation of a commercial driver's
license by the state or jurisdiction of issuance;
(2) any withdrawal of a person's privileges to drive a commercial motor
vehicle by a state or other jurisdiction as the result of a violation of state
or local law relating to motor vehicle traffic control, other than parking,
vehicle weight or vehicle defect violations;
(3) a determination by the federal motor carrier safety administration that a
person is not qualified to operate a commercial motor vehicle under 49 C.F.R.
391;
(j) "drive" means to drive, operate or be in physical control of a motor
vehicle in any place open to the general public for purposes of vehicular
traffic. For purposes of
K.S.A. 8-2,137, 8-2,138, 8-2,142, 8-2,144 and 8-2,145, and
amendments
thereto, "drive"
includes operation or physical control of a motor vehicle anywhere in the
state;
(k) "driver" means any person who drives, operates or is in physical
control of a commercial motor vehicle, in any place open to the general
public for purposes of vehicular traffic, or who is required to hold a
commercial driver's license;
(l) "driver's license" means any driver's license or any other license or
permit to operate a motor vehicle issued under, or granted by, the laws of
this state, including:
(1) Any temporary license or instruction;
(2) the privilege of any person to drive a motor vehicle whether or not
such person holds a valid license; or
(3) any nonresident's operating privilege;
(m) "employer" means any person, including the United States, a state or
a political subdivision of a state, who owns or leases a commercial motor
vehicle or assigns a person to drive a commercial motor vehicle;
(n) "endorsement" means an authorization to an individual's commercial
driver's license required to permit the individual to operate certain types
of commercial motor vehicles;
(o) "felony" means any offense under state or federal law that is
punishable by death or imprisonment for a term exceeding one year;
(p) "gross vehicle weight rating" means the value specified by the
manufacturer as the maximum loaded weight of a single or a combination
(articulated) vehicle.
The gross vehicle weight rating of a combination (articulated) vehicle
(commonly referred to as the "gross combination weight rating") is the gross
vehicle weight rating of the power unit plus the gross vehicle weight
rating of the towed unit or units;
(q) "hazardous materials" means any material that has been designated as
hazardous
under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49
C.F.R. part 172 or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73;
(r) "motor vehicle" means every vehicle which is self-propelled, and
every vehicle which is propelled by electric power obtained from overhead
trolley wires but not operated upon rails, except vehicles moved solely by
human power and motorized wheel chairs;
(s) "out-of-service order" means a temporary prohibition against driving
a commercial motor vehicle, which is imposed when a driver has any measured
or detected alcohol concentration while on duty, or operating, or in
physical control of a commercial motor vehicle or a declaration by an
authorized enforcement officer of a federal, state, Canadian, Mexican or local
jurisdiction that a driver, a commercial motor vehicle or a motor carrier
operation, is out-of-service pursuant to 49 C.F.R. Part 386.72, 392.5, 395.13,
396.9 or such compatible laws, or the North American out-of-service criteria;
(t) "residence" means the place which is adopted by a person as the
person's place of habitation and to which, whenever the person is absent,
the person has the intention of returning. When a person eats at one place
and sleeps at another, the place where the person sleeps shall be
considered the person's residence;
(u) "secretary" means the secretary of the Kansas department of revenue;
(v) "serious traffic violation" means:
(1) Excessive speeding, is defined as 15 miles per hour or more over the
posted speed limit;
(2) reckless driving, as defined under K.S.A. 8-1566, and amendments
thereto;
(3) a violation of any state or local law relating to motor vehicle
traffic control, other than a parking violation, arising in connection with
an accident or collision resulting in death to any person;
(4) changing lanes of traffic illegally or erratically, as defined under
K.S.A. 8-1548, and amendments thereto;
(5) following another vehicle too closely, as defined under K.S.A.
8-1523, and amendments thereto;
(6) a violation of subsection (a) of K.S.A. 8-2,132, and amendments
thereto; or
(7) any other violation of a state or local law relating to
motor
vehicle traffic control, other than a parking violation, which the
secretary determines by rule and regulation to be serious;
(w) "state" means a state of the United States and the District of Columbia;
(x) "state of domicile" means that state where a person has such
person's true, fixed and permanent home and principal residence and to
which such person has the intention of returning whenever such person is
absent;
(y) "tank vehicle" means any commercial motor vehicle that is designed
to transport any liquid or gaseous material within a tank that is either
permanently or temporarily attached to the vehicle or the chassis. Such
vehicles include, but are not limited to, cargo tanks, as defined in 49
C.F.R. 171. However, this definition does
not
include portable tanks having
a rated capacity under 1,000 gallons;
(z) "United States" means the 50 states and the District of Columbia;
(aa) "division" means the division of vehicles of the Kansas
department of revenue;
(bb) "director" means the director of the division of vehicles of the
Kansas department of revenue;
(cc) "foreign country" means any jurisdiction other than the United
States;
(dd) "nonresident commercial driver's license" means a license issued
pursuant to K.S.A. 8-2,148, and amendments thereto;
(ee) "fatality" means the death of a person as a result of a motor vehicle
accident;
(ff) "noncommercial motor vehicle" means a motor vehicle or combination of
motor vehicles not defined by the term commercial motor vehicle in subsection
(f);
(gg) "school bus" means a commercial motor vehicle used to transport
preprimary, primary or secondary school students from home to school, from
school to home or to and from school-sponsored events. School bus does not
include a bus used as a common carrier.
History: L. 1989, ch. 38, § 4;
L. 1990, ch. 41, § 6;
L. 1991, ch. 36, § 15;
L. 1994, ch. 186, § 2;
L. 1995, ch. 190, § 2;
L. 1997, ch. 101, § 2;
L. 2003, ch. 42, § 3;
L. 2006, ch. 54, § 3;
L. 2009, ch. 32, § 18; July 1.
(a) "Alcohol" means any substance containing any form of alcohol
including, but not limited to, ethanol, methanol, propanol and isopropanol;
(b) "alcohol concentration" means:
(1) The number of grams of alcohol per 100 milliliters of blood; or
(2) the number of grams of alcohol per 210 liters of breath;
(c) "commercial driver's license" means a commercial license issued
pursuant to
K.S.A. 8-234b, and amendments thereto;
(d) "commercial driver license system" means the information system
established pursuant to the commercial motor vehicle safety act of 1986 to
serve as a clearinghouse for locating information related to the licensing
and identification of commercial motor vehicle drivers;
(e) "instruction permit" means a permit issued
pursuant to K.S.A. 8-294, and amendments thereto;
(f) "commercial motor vehicle" means a motor vehicle
designed or used to transport passengers or property, if:
(1) The vehicle has a gross vehicle weight rating of 26,001 or more
pounds or such lesser rating, as determined by
rules and regulations adopted by the secretary, but shall not be more
restrictive than the
federal regulation;
(2) the vehicle is designed to transport 16 or more passengers,
including the driver; or
(3) the vehicle is transporting hazardous materials and is required to
be placarded in accordance with 49 C.F.R. 172, subpart F;
(g) "controlled substance" means any substance so classified under
K.S.A. 2009 Supp. 21-36a01, and amendments thereto;
(h) "conviction" means an unvacated adjudication of guilt or a
determination that a person has violated or failed to comply with the law
and in a court of original jurisdiction or an administrative proceeding, an
unvacated forfeiture of bail or collateral deposited to secure the person's
appearance in court, a plea of guilty or nolo contendere accepted by the
court, the payment of a fine or court cost, or violation of a condition of
release without bail, regardless of whether the penalty is rebated, suspended
or probated;
(i) "disqualification" means any of the following:
(1) The suspension, revocation, or cancellation of a commercial driver's
license by the state or jurisdiction of issuance;
(2) any withdrawal of a person's privileges to drive a commercial motor
vehicle by a state or other jurisdiction as the result of a violation of state
or local law relating to motor vehicle traffic control, other than parking,
vehicle weight or vehicle defect violations;
(3) a determination by the federal motor carrier safety administration that a
person is not qualified to operate a commercial motor vehicle under 49 C.F.R.
391;
(j) "drive" means to drive, operate or be in physical control of a motor
vehicle in any place open to the general public for purposes of vehicular
traffic. For purposes of
K.S.A. 8-2,137, 8-2,138, 8-2,142, 8-2,144 and 8-2,145, and
amendments
thereto, "drive"
includes operation or physical control of a motor vehicle anywhere in the
state;
(k) "driver" means any person who drives, operates or is in physical
control of a commercial motor vehicle, in any place open to the general
public for purposes of vehicular traffic, or who is required to hold a
commercial driver's license;
(l) "driver's license" means any driver's license or any other license or
permit to operate a motor vehicle issued under, or granted by, the laws of
this state, including:
(1) Any temporary license or instruction;
(2) the privilege of any person to drive a motor vehicle whether or not
such person holds a valid license; or
(3) any nonresident's operating privilege;
(m) "employer" means any person, including the United States, a state or
a political subdivision of a state, who owns or leases a commercial motor
vehicle or assigns a person to drive a commercial motor vehicle;
(n) "endorsement" means an authorization to an individual's commercial
driver's license required to permit the individual to operate certain types
of commercial motor vehicles;
(o) "felony" means any offense under state or federal law that is
punishable by death or imprisonment for a term exceeding one year;
(p) "gross vehicle weight rating" means the value specified by the
manufacturer as the maximum loaded weight of a single or a combination
(articulated) vehicle.
The gross vehicle weight rating of a combination (articulated) vehicle
(commonly referred to as the "gross combination weight rating") is the gross
vehicle weight rating of the power unit plus the gross vehicle weight
rating of the towed unit or units;
(q) "hazardous materials" means any material that has been designated as
hazardous
under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49
C.F.R. part 172 or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73;
(r) "motor vehicle" means every vehicle which is self-propelled, and
every vehicle which is propelled by electric power obtained from overhead
trolley wires but not operated upon rails, except vehicles moved solely by
human power and motorized wheel chairs;
(s) "out-of-service order" means a temporary prohibition against driving
a commercial motor vehicle, which is imposed when a driver has any measured
or detected alcohol concentration while on duty, or operating, or in
physical control of a commercial motor vehicle or a declaration by an
authorized enforcement officer of a federal, state, Canadian, Mexican or local
jurisdiction that a driver, a commercial motor vehicle or a motor carrier
operation, is out-of-service pursuant to 49 C.F.R. Part 386.72, 392.5, 395.13,
396.9 or such compatible laws, or the North American out-of-service criteria;
(t) "residence" means the place which is adopted by a person as the
person's place of habitation and to which, whenever the person is absent,
the person has the intention of returning. When a person eats at one place
and sleeps at another, the place where the person sleeps shall be
considered the person's residence;
(u) "secretary" means the secretary of the Kansas department of revenue;
(v) "serious traffic violation" means:
(1) Excessive speeding, is defined as 15 miles per hour or more over the
posted speed limit;
(2) reckless driving, as defined under K.S.A. 8-1566, and amendments
thereto;
(3) a violation of any state or local law relating to motor vehicle
traffic control, other than a parking violation, arising in connection with
an accident or collision resulting in death to any person;
(4) changing lanes of traffic illegally or erratically, as defined under
K.S.A. 8-1548, and amendments thereto;
(5) following another vehicle too closely, as defined under K.S.A.
8-1523, and amendments thereto;
(6) a violation of subsection (a) of K.S.A. 8-2,132, and amendments
thereto; or
(7) any other violation of a state or local law relating to
motor
vehicle traffic control, other than a parking violation, which the
secretary determines by rule and regulation to be serious;
(w) "state" means a state of the United States and the District of Columbia;
(x) "state of domicile" means that state where a person has such
person's true, fixed and permanent home and principal residence and to
which such person has the intention of returning whenever such person is
absent;
(y) "tank vehicle" means any commercial motor vehicle that is designed
to transport any liquid or gaseous material within a tank that is either
permanently or temporarily attached to the vehicle or the chassis. Such
vehicles include, but are not limited to, cargo tanks, as defined in 49
C.F.R. 171. However, this definition does
not
include portable tanks having
a rated capacity under 1,000 gallons;
(z) "United States" means the 50 states and the District of Columbia;
(aa) "division" means the division of vehicles of the Kansas
department of revenue;
(bb) "director" means the director of the division of vehicles of the
Kansas department of revenue;
(cc) "foreign country" means any jurisdiction other than the United
States;
(dd) "nonresident commercial driver's license" means a license issued
pursuant to K.S.A. 8-2,148, and amendments thereto;
(ee) "fatality" means the death of a person as a result of a motor vehicle
accident;
(ff) "noncommercial motor vehicle" means a motor vehicle or combination of
motor vehicles not defined by the term commercial motor vehicle in subsection
(f);
(gg) "school bus" means a commercial motor vehicle used to transport
preprimary, primary or secondary school students from home to school, from
school to home or to and from school-sponsored events. School bus does not
include a bus used as a common carrier.
History: L. 1989, ch. 38, § 4;
L. 1990, ch. 41, § 6;
L. 1991, ch. 36, § 15;
L. 1994, ch. 186, § 2;
L. 1995, ch. 190, § 2;
L. 1997, ch. 101, § 2;
L. 2003, ch. 42, § 3;
L. 2006, ch. 54, § 3;
L. 2009, ch. 32, § 18; July 1.