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 K.S.A. 8-2,132(b), and amendments thereto;
(C) the person is convicted of causing a fatality through the negligent operation of a commercial motor vehicle;
(D) the person's test refusal or test failure, as defined in subsection (m); or
(E) the person is convicted of a violation identified in subsection (a)(2)(A); 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, a resolution of any county 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; L. 2011, ch. 105, § 7; L. 2012, ch. 172, § 10; L. 2018, ch. 106, § 5; July 1.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
8-222 Liability of owner for damages caused by negligence of minors under age of sixteen.
8-234d Motor vehicle drivers' license act; scope and effect of certain sections.
8-235b Findings of department upon receipt of application; issuance of license, when.
8-235c Findings of division; when examination required; exception.
8-236 Persons exempt from license.
8-237 Persons to whom license not issued.
8-239 Instruction permits for persons 17 years of age and older; conditions and requirements.
8-244 Licenses to be carried and delivered upon demand; defense.
8-245 Restrictions on licensees; suspension or revocation; misdemeanor.
8-246 Replacement drivers' licenses.
8-248 Notice of change of address or name.
8-249 Records to be kept by division; rules and regulations.
8-250 Authority of division to cancel license; surrender of license.
8-252a Suspension or revocation of driving privileges of nonresident or unlicensed person.
8-255b Medical advisory board; appointment; procedure; advisory opinions; limiting tort liability.
8-256 Period of suspension or revocation.
8-256a Application of act to certain persons.
8-257 Surrender of license; division authorized to destroy; application.
8-258 No operation under foreign license during suspension or revocation in this state.
8-259 Cancellation, suspension, revocation or denial of license by division; judicial review.
8-261a Making false affidavit perjury.
8-263 Permitting unauthorized minor to drive.
8-264 Permitting unauthorized person to drive.
8-265 Employing persons to operate vehicle; proper class of license required.
8-266 Renting motor vehicle to another; record.
8-268 Penalties for violations.
8-269 Uniformity of interpretation.
8-270 Effect of noncompliance.
8-273 Drivers' training school license act; definitions.
8-274 Same; license to operate.
8-275 Same; qualifications to operate school.
8-276 Drivers' training schools; qualifications for instructor of school.
8-277 Same; issuance of certificate, when; expiration; renewal of licenses.
8-278 Same; rules and regulations by state board.
8-279 Same; cancellation, suspension, revocation or refusal to issue license, when.
8-280 Same; disposition of moneys.
8-281 Same; penalty for violations.
8-282 Same; act inapplicable to certain schools.
8-285 "Habitual violator" defined; other definitions.
8-286 Habitual violator; revocation of driving privileges.
8-287 Habitual violator; penalty.
8-288 Same; restriction of driver's license; exception.
8-291 Violation of restrictions on driver's license or permit; misdemeanor; penalties.
8-292 Court imposition of driving privilege restrictions; duration; procedure; violation; penalty.
8-293 Driver's license; nonissuance of new or replacement license; exception.
8-294 Instruction permit for commercial class motor vehicles or class A or class B motor vehicles.
8-295 Vision standards for drivers' licenses.
8-296 Farm permit; requirements; procedure.
8-297 Continuation of driving privileges for certain drivers' licenses.
8-298 Voluntary surrender of driver's license.
8-299 Photo fee fund; expenditures.
8-2,100 Instruction permits; conditions, restrictions and requirements; under 17 years of age.
8-2,101 Restricted license; conditions, restrictions and requirements.
8-2,125 Uniform commercial driver's license act; citation of act; effective date.
8-2,127 Uniform commercial driver's license act; vehicles exempt from act.
8-2,129 Same; one driver's license restriction.
8-2,131 Same; requirements which must be complied with by employer of commercial driver.
8-2,133 Same; issuance of license; knowledge and skills test; administration of skills test.
8-2,136 Same; prohibiting driving with alcohol in person's system; out-of-service order.
8-2,137 Same; tests for alcohol or drugs; consent implied.
8-2,138 Same; notification of conviction of traffic control to licensing state.
8-2,139 Same; division to provide information to certain persons; fee.
8-2,140 Same; rules and regulations.
8-2,141 Same; exemption from state license.
8-2,142 Same; disqualification from driving commercial vehicle; suspension, revocation or cancellation of license; notification.
8-2,144 Driving a commercial motor vehicle under the influence; penalties.
8-2,147 Commercial drivers' licenses; farm custom harvesting operations; age.
8-2,148 Nonresident commercial driver's license; requirements.
8-2,150 Commercial driver's licenses; diversion agreements not allowed.
8-2,152 Commercial driver's licenses; civil penalties.
8-2,153 Commercial driver's licenses; violation of act; penalty.
8-2,154 Commercial driver's license drive test fee fund; use of moneys.
8-2,155 Commercial driver's license drive test fees; disposition and use of moneys.