8-2,142.Same; disqualification from driving
commercial vehicle;
suspension, revocation or cancellation of license; notification.
(a) A person is disqualified
from driving a commercial
motor vehicle for a period of not less than one year
upon a first occurrence of any one of the following:
(1) While operating a commercial motor vehicle:
(A) The person is convicted of violating K.S.A. 8-2,144, and amendments
thereto;
(B) the person is convicted of violating subsection (b) of K.S.A. 8-2,132,
and
amendments thereto;
(C) the person is convicted of causing a fatality
through the negligent operation of a
commercial motor vehicle; or
(D) the person's test refusal or test failure, as defined in subsection
(m);
or
(2) while operating a noncommercial motor vehicle:
(A) The person is convicted of a violation of K.S.A. 8-1567, and amendments
thereto, or of a violation of an ordinance of any city in this state or any
law of another state, which ordinance or law declares to be unlawful the acts
prohibited by that statute; or
(B) the person's test refusal or test failure, as defined in K.S.A. 8-1013,
and amendments thereto; or
(3) while operating any motor vehicle:
(A) The person is convicted of leaving the scene of an accident; or
(B) the person is convicted of a felony, other than a felony described in
subsection (e), while using a motor vehicle to commit such felony.
(b) If any offenses, test refusal or test failure
specified in subsection
(a) occurred in a commercial motor vehicle while
transporting a hazardous material required to be placarded, the person is
disqualified for a period of not less than three years.
(c) A person shall be disqualified for life upon the second or a subsequent
occurrence
of any offense, test refusal or test failure specified in subsection (a), or
any
combination thereof, arising from two or more
separate incidents.
(d) The secretary of revenue may adopt rules and regulations
establishing guidelines, including conditions, under which a
disqualification for life under subsection (c) may be reduced to a period
of not less than 10 years.
(e) A person is disqualified from driving a
commercial motor vehicle for
life who uses a commercial motor vehicle or noncommercial motor vehicle
in the commission of any felony
involving the manufacture, distribution or dispensing of a controlled
substance, or possession with intent to manufacture, distribute or dispense
a controlled substance.
(f) A person is disqualified from driving a
commercial motor vehicle for
a period of not less than 60 days if convicted of two serious traffic
violations, or 120 days if convicted of three or more serious traffic
violations,
committed in a commercial motor vehicle arising from separate incidents
occurring within a three-year period. Any disqualification period under this
paragraph shall be in addition to any other previous period of
disqualification. The beginning date for any three-year
period within a ten-year period, required by this subsection, shall be the
issuance
date of the citation which resulted in a conviction.
(g) A person is disqualified from driving a commercial motor vehicle for a
period of not less than 60 days if convicted of two serious traffic violations,
or 120 days if convicted of three or more serious traffic violations, committed
in a noncommercial motor vehicle arising from separate incidents occurring
within a three-year period, if such convictions result in the revocation,
cancellation or suspension of the person's driving privileges.
(h) (1) A person who is convicted of operating a commercial motor
vehicle
in violation of an out-of-service order shall be disqualified from
driving a commercial motor vehicle for a period of not less than:
(A) Ninety days nor more than one year, if the driver is convicted of a first
violation of an out-of-service order;
(B) one year nor more than five years if the person has one prior
conviction for violating
an out-of-service order in a separate incident and such prior offense was
committed within the 10 years immediately preceding the date of the present
violation; or
(C) three years nor more than five years if the person has two or more
prior convictions for
violating out-of-service orders in separate incidents and such prior offenses
were committed within the 10 years immediately preceding the date of the
present violation.
(2) A person who is convicted of operating a commercial motor vehicle in
violation of an out-of-service order while transporting a hazardous material
required to be placarded under 49 U.S.C. 5101 et seq. or while
operating a motor vehicle designed to transport more than 15 passengers,
including the driver, shall be disqualified from driving a commercial motor
vehicle for a period of not less than:
(A) One hundred and eighty days nor more than two years if the driver is
convicted of a first violation of an out-of-service order; or
(B) three years nor more than five years if the person has a prior
conviction for violating an
out-of-service order in a separate incident and such prior offense was
committed within the 10 years immediately preceding the date of the present
violation.
(i) (1) A person who is convicted of operating a commercial motor
vehicle in violation of a federal, state or local law or regulation pertaining
to one of the following six offenses at a railroad-highway grade crossing shall
be disqualified from driving a commercial motor vehicle for the period of time
specified in paragraph (2):
(A) For persons who are not required to always stop, failing to slow down and
check that the tracks are clear of an approaching train;
(B) for persons who are not required to always stop, failing to stop before
reaching the crossing, if the tracks are not clear;
(C) for persons who are always required to stop, failing to stop before
driving onto the crossing;
(D) for all persons failing to have sufficient space to drive completely
through the crossing without stopping;
(E) for all persons failing to obey a traffic control device or the
directions of an enforcement official at the crossing; or
(F) for all persons failing to negotiate a crossing because of insufficient
undercarriage clearance.
(2) A driver shall be disqualified from driving a commercial motor vehicle
for not less than:
(A) Sixty days if the driver is convicted of a first violation of a
railroad-highway grade crossing violation;
(B) one hundred and twenty days if, during any three-year period, the driver
is convicted of a second railroad-highway grade crossing violation in separate
incidents; or
(C) one year if, during any three-year period, the driver is convicted of a
third or subsequent railroad-highway grade crossing violation in separate
incidents.
(j) After suspending, revoking or canceling
a commercial driver's
license, the division shall update its records to reflect that action
within 10 days. After suspending, revoking or canceling a nonresident
commercial driver's privileges, the division shall notify the licensing
authority of the state which issued the commercial driver's license or
nonresident commercial driver's license within 10 days. The notification
shall include both the disqualification and the violation that resulted in the
disqualification, suspension, revocation or cancellation.
(k) Upon receiving notification from the licensing authority of another
state, that it has disqualified a commercial driver's license holder licensed
by this state, or has suspended, revoked or canceled such commercial driver's
license holder's commercial driver's license, the division shall record such
notification and the information such notification provides on the driver's
record.
(l) Upon suspension, revocation, cancellation or
disqualification of a commercial driver's license under this act, the
license shall be immediately surrendered to the division if still in the
licensee's possession. If otherwise eligible, and upon payment of the required
fees, the licensee may be issued a noncommercial driver's license for the
period of suspension, revocation, cancellation or disqualification of the
commercial driver's license under the same identifier number.
(m) As used in this section, "test refusal" means a
person's refusal to
submit to and complete a test requested pursuant to K.S.A. 8-2,145, and
amendments thereto;
"test failure" means a person's submission to and completion of a test which
determines that the person's alcohol concentration is .04 or greater, pursuant
to K.S.A. 8-2,145, and amendments thereto.
History: L. 1989, ch. 38, § 18;
L. 1991, ch. 36, § 17;
L. 2003, ch. 42, § 7;
L. 2005, ch. 31, § 4;
L. 2006, ch. 54, § 7; July 1.
8-2,142.Same; disqualification from driving
commercial vehicle;
suspension, revocation or cancellation of license; notification.
(a) A person is disqualified
from driving a commercial
motor vehicle for a period of not less than one year
upon a first occurrence of any one of the following:
(1) While operating a commercial motor vehicle:
(A) The person is convicted of violating K.S.A. 8-2,144, and amendments
thereto;
(B) the person is convicted of violating subsection (b) of K.S.A. 8-2,132,
and
amendments thereto;
(C) the person is convicted of causing a fatality
through the negligent operation of a
commercial motor vehicle; or
(D) the person's test refusal or test failure, as defined in subsection
(m);
or
(2) while operating a noncommercial motor vehicle:
(A) The person is convicted of a violation of K.S.A. 8-1567, and amendments
thereto, or of a violation of an ordinance of any city in this state or any
law of another state, which ordinance or law declares to be unlawful the acts
prohibited by that statute; or
(B) the person's test refusal or test failure, as defined in K.S.A. 8-1013,
and amendments thereto; or
(3) while operating any motor vehicle:
(A) The person is convicted of leaving the scene of an accident; or
(B) the person is convicted of a felony, other than a felony described in
subsection (e), while using a motor vehicle to commit such felony.
(b) If any offenses, test refusal or test failure
specified in subsection
(a) occurred in a commercial motor vehicle while
transporting a hazardous material required to be placarded, the person is
disqualified for a period of not less than three years.
(c) A person shall be disqualified for life upon the second or a subsequent
occurrence
of any offense, test refusal or test failure specified in subsection (a), or
any
combination thereof, arising from two or more
separate incidents.
(d) The secretary of revenue may adopt rules and regulations
establishing guidelines, including conditions, under which a
disqualification for life under subsection (c) may be reduced to a period
of not less than 10 years.
(e) A person is disqualified from driving a
commercial motor vehicle for
life who uses a commercial motor vehicle or noncommercial motor vehicle
in the commission of any felony
involving the manufacture, distribution or dispensing of a controlled
substance, or possession with intent to manufacture, distribute or dispense
a controlled substance.
(f) A person is disqualified from driving a
commercial motor vehicle for
a period of not less than 60 days if convicted of two serious traffic
violations, or 120 days if convicted of three or more serious traffic
violations,
committed in a commercial motor vehicle arising from separate incidents
occurring within a three-year period. Any disqualification period under this
paragraph shall be in addition to any other previous period of
disqualification. The beginning date for any three-year
period within a ten-year period, required by this subsection, shall be the
issuance
date of the citation which resulted in a conviction.
(g) A person is disqualified from driving a commercial motor vehicle for a
period of not less than 60 days if convicted of two serious traffic violations,
or 120 days if convicted of three or more serious traffic violations, committed
in a noncommercial motor vehicle arising from separate incidents occurring
within a three-year period, if such convictions result in the revocation,
cancellation or suspension of the person's driving privileges.
(h) (1) A person who is convicted of operating a commercial motor
vehicle
in violation of an out-of-service order shall be disqualified from
driving a commercial motor vehicle for a period of not less than:
(A) Ninety days nor more than one year, if the driver is convicted of a first
violation of an out-of-service order;
(B) one year nor more than five years if the person has one prior
conviction for violating
an out-of-service order in a separate incident and such prior offense was
committed within the 10 years immediately preceding the date of the present
violation; or
(C) three years nor more than five years if the person has two or more
prior convictions for
violating out-of-service orders in separate incidents and such prior offenses
were committed within the 10 years immediately preceding the date of the
present violation.
(2) A person who is convicted of operating a commercial motor vehicle in
violation of an out-of-service order while transporting a hazardous material
required to be placarded under 49 U.S.C. 5101 et seq. or while
operating a motor vehicle designed to transport more than 15 passengers,
including the driver, shall be disqualified from driving a commercial motor
vehicle for a period of not less than:
(A) One hundred and eighty days nor more than two years if the driver is
convicted of a first violation of an out-of-service order; or
(B) three years nor more than five years if the person has a prior
conviction for violating an
out-of-service order in a separate incident and such prior offense was
committed within the 10 years immediately preceding the date of the present
violation.
(i) (1) A person who is convicted of operating a commercial motor
vehicle in violation of a federal, state or local law or regulation pertaining
to one of the following six offenses at a railroad-highway grade crossing shall
be disqualified from driving a commercial motor vehicle for the period of time
specified in paragraph (2):
(A) For persons who are not required to always stop, failing to slow down and
check that the tracks are clear of an approaching train;
(B) for persons who are not required to always stop, failing to stop before
reaching the crossing, if the tracks are not clear;
(C) for persons who are always required to stop, failing to stop before
driving onto the crossing;
(D) for all persons failing to have sufficient space to drive completely
through the crossing without stopping;
(E) for all persons failing to obey a traffic control device or the
directions of an enforcement official at the crossing; or
(F) for all persons failing to negotiate a crossing because of insufficient
undercarriage clearance.
(2) A driver shall be disqualified from driving a commercial motor vehicle
for not less than:
(A) Sixty days if the driver is convicted of a first violation of a
railroad-highway grade crossing violation;
(B) one hundred and twenty days if, during any three-year period, the driver
is convicted of a second railroad-highway grade crossing violation in separate
incidents; or
(C) one year if, during any three-year period, the driver is convicted of a
third or subsequent railroad-highway grade crossing violation in separate
incidents.
(j) After suspending, revoking or canceling
a commercial driver's
license, the division shall update its records to reflect that action
within 10 days. After suspending, revoking or canceling a nonresident
commercial driver's privileges, the division shall notify the licensing
authority of the state which issued the commercial driver's license or
nonresident commercial driver's license within 10 days. The notification
shall include both the disqualification and the violation that resulted in the
disqualification, suspension, revocation or cancellation.
(k) Upon receiving notification from the licensing authority of another
state, that it has disqualified a commercial driver's license holder licensed
by this state, or has suspended, revoked or canceled such commercial driver's
license holder's commercial driver's license, the division shall record such
notification and the information such notification provides on the driver's
record.
(l) Upon suspension, revocation, cancellation or
disqualification of a commercial driver's license under this act, the
license shall be immediately surrendered to the division if still in the
licensee's possession. If otherwise eligible, and upon payment of the required
fees, the licensee may be issued a noncommercial driver's license for the
period of suspension, revocation, cancellation or disqualification of the
commercial driver's license under the same identifier number.
(m) As used in this section, "test refusal" means a
person's refusal to
submit to and complete a test requested pursuant to K.S.A. 8-2,145, and
amendments thereto;
"test failure" means a person's submission to and completion of a test which
determines that the person's alcohol concentration is .04 or greater, pursuant
to K.S.A. 8-2,145, and amendments thereto.
History: L. 1989, ch. 38, § 18;
L. 1991, ch. 36, § 17;
L. 2003, ch. 42, § 7;
L. 2005, ch. 31, § 4;
L. 2006, ch. 54, § 7; July 1.
8-2,142.Same; disqualification from driving
commercial vehicle;
suspension, revocation or cancellation of license; notification.
(a) A person is disqualified
from driving a commercial
motor vehicle for a period of not less than one year
upon a first occurrence of any one of the following:
(1) While operating a commercial motor vehicle:
(A) The person is convicted of violating K.S.A. 8-2,144, and amendments
thereto;
(B) the person is convicted of violating subsection (b) of K.S.A. 8-2,132,
and
amendments thereto;
(C) the person is convicted of causing a fatality
through the negligent operation of a
commercial motor vehicle; or
(D) the person's test refusal or test failure, as defined in subsection
(m);
or
(2) while operating a noncommercial motor vehicle:
(A) The person is convicted of a violation of K.S.A. 8-1567, and amendments
thereto, or of a violation of an ordinance of any city in this state or any
law of another state, which ordinance or law declares to be unlawful the acts
prohibited by that statute; or
(B) the person's test refusal or test failure, as defined in K.S.A. 8-1013,
and amendments thereto; or
(3) while operating any motor vehicle:
(A) The person is convicted of leaving the scene of an accident; or
(B) the person is convicted of a felony, other than a felony described in
subsection (e), while using a motor vehicle to commit such felony.
(b) If any offenses, test refusal or test failure
specified in subsection
(a) occurred in a commercial motor vehicle while
transporting a hazardous material required to be placarded, the person is
disqualified for a period of not less than three years.
(c) A person shall be disqualified for life upon the second or a subsequent
occurrence
of any offense, test refusal or test failure specified in subsection (a), or
any
combination thereof, arising from two or more
separate incidents.
(d) The secretary of revenue may adopt rules and regulations
establishing guidelines, including conditions, under which a
disqualification for life under subsection (c) may be reduced to a period
of not less than 10 years.
(e) A person is disqualified from driving a
commercial motor vehicle for
life who uses a commercial motor vehicle or noncommercial motor vehicle
in the commission of any felony
involving the manufacture, distribution or dispensing of a controlled
substance, or possession with intent to manufacture, distribute or dispense
a controlled substance.
(f) A person is disqualified from driving a
commercial motor vehicle for
a period of not less than 60 days if convicted of two serious traffic
violations, or 120 days if convicted of three or more serious traffic
violations,
committed in a commercial motor vehicle arising from separate incidents
occurring within a three-year period. Any disqualification period under this
paragraph shall be in addition to any other previous period of
disqualification. The beginning date for any three-year
period within a ten-year period, required by this subsection, shall be the
issuance
date of the citation which resulted in a conviction.
(g) A person is disqualified from driving a commercial motor vehicle for a
period of not less than 60 days if convicted of two serious traffic violations,
or 120 days if convicted of three or more serious traffic violations, committed
in a noncommercial motor vehicle arising from separate incidents occurring
within a three-year period, if such convictions result in the revocation,
cancellation or suspension of the person's driving privileges.
(h) (1) A person who is convicted of operating a commercial motor
vehicle
in violation of an out-of-service order shall be disqualified from
driving a commercial motor vehicle for a period of not less than:
(A) Ninety days nor more than one year, if the driver is convicted of a first
violation of an out-of-service order;
(B) one year nor more than five years if the person has one prior
conviction for violating
an out-of-service order in a separate incident and such prior offense was
committed within the 10 years immediately preceding the date of the present
violation; or
(C) three years nor more than five years if the person has two or more
prior convictions for
violating out-of-service orders in separate incidents and such prior offenses
were committed within the 10 years immediately preceding the date of the
present violation.
(2) A person who is convicted of operating a commercial motor vehicle in
violation of an out-of-service order while transporting a hazardous material
required to be placarded under 49 U.S.C. 5101 et seq. or while
operating a motor vehicle designed to transport more than 15 passengers,
including the driver, shall be disqualified from driving a commercial motor
vehicle for a period of not less than:
(A) One hundred and eighty days nor more than two years if the driver is
convicted of a first violation of an out-of-service order; or
(B) three years nor more than five years if the person has a prior
conviction for violating an
out-of-service order in a separate incident and such prior offense was
committed within the 10 years immediately preceding the date of the present
violation.
(i) (1) A person who is convicted of operating a commercial motor
vehicle in violation of a federal, state or local law or regulation pertaining
to one of the following six offenses at a railroad-highway grade crossing shall
be disqualified from driving a commercial motor vehicle for the period of time
specified in paragraph (2):
(A) For persons who are not required to always stop, failing to slow down and
check that the tracks are clear of an approaching train;
(B) for persons who are not required to always stop, failing to stop before
reaching the crossing, if the tracks are not clear;
(C) for persons who are always required to stop, failing to stop before
driving onto the crossing;
(D) for all persons failing to have sufficient space to drive completely
through the crossing without stopping;
(E) for all persons failing to obey a traffic control device or the
directions of an enforcement official at the crossing; or
(F) for all persons failing to negotiate a crossing because of insufficient
undercarriage clearance.
(2) A driver shall be disqualified from driving a commercial motor vehicle
for not less than:
(A) Sixty days if the driver is convicted of a first violation of a
railroad-highway grade crossing violation;
(B) one hundred and twenty days if, during any three-year period, the driver
is convicted of a second railroad-highway grade crossing violation in separate
incidents; or
(C) one year if, during any three-year period, the driver is convicted of a
third or subsequent railroad-highway grade crossing violation in separate
incidents.
(j) After suspending, revoking or canceling
a commercial driver's
license, the division shall update its records to reflect that action
within 10 days. After suspending, revoking or canceling a nonresident
commercial driver's privileges, the division shall notify the licensing
authority of the state which issued the commercial driver's license or
nonresident commercial driver's license within 10 days. The notification
shall include both the disqualification and the violation that resulted in the
disqualification, suspension, revocation or cancellation.
(k) Upon receiving notification from the licensing authority of another
state, that it has disqualified a commercial driver's license holder licensed
by this state, or has suspended, revoked or canceled such commercial driver's
license holder's commercial driver's license, the division shall record such
notification and the information such notification provides on the driver's
record.
(l) Upon suspension, revocation, cancellation or
disqualification of a commercial driver's license under this act, the
license shall be immediately surrendered to the division if still in the
licensee's possession. If otherwise eligible, and upon payment of the required
fees, the licensee may be issued a noncommercial driver's license for the
period of suspension, revocation, cancellation or disqualification of the
commercial driver's license under the same identifier number.
(m) As used in this section, "test refusal" means a
person's refusal to
submit to and complete a test requested pursuant to K.S.A. 8-2,145, and
amendments thereto;
"test failure" means a person's submission to and completion of a test which
determines that the person's alcohol concentration is .04 or greater, pursuant
to K.S.A. 8-2,145, and amendments thereto.
History: L. 1989, ch. 38, § 18;
L. 1991, ch. 36, § 17;
L. 2003, ch. 42, § 7;
L. 2005, ch. 31, § 4;
L. 2006, ch. 54, § 7; July 1.