Kansas Statutes 8-2,146. Seasonal commercial driver’s license; conditions and limitations; definitions; rules and regulations
Terms Used In Kansas Statutes 8-2,146
- 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. See Kansas Statutes 8-2,128
- hazardous materials: means any material that has been designated as hazardous under 49 U. See Kansas Statutes 8-2,128
- Motor vehicle: means every vehicle that is self-propelled upon or by which any person or property is or may be transported or drawn upon a public highway except devices used exclusively upon stationary rails or tracks. See Kansas Statutes 8-273
- Person: means every natural person, firm, copartnership, association, corporation or school. See Kansas Statutes 8-273
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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 Kan. See Kansas Statutes 8-2,128
- state: means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of Northern Mariana Islands;
(6) "wireless communication device" means any wireless electronic communication device that provides for voice or data communication between two or more parties, including, but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer; and
(7) "religious organization" means any organization, church, body of communicants, or group, gathered in common membership for mutual support and edification in piety, worship and religious observances, or a society of individuals united for religious purposes at a definite place and which religious organization maintains an established place of worship within this state and has a regular schedule of services or meetings at least on a weekly basis and has been determined to be organized and created as a bona fide religious organization. See Kansas Statutes 8-234a
(a) The division may issue to an applicant who is a resident of this state and who is at least 18 years of age a seasonal commercial driver‘s license for the operation of commercial class B and commercial class C motor vehicles. Any person applying for or who is issued a seasonal commercial driver’s license shall be subject to the provisions of Kan. Stat. Ann. § 8-2,125 through 8-2,145, and amendments thereto, except that an applicant shall not be required to pass a knowledge or skills test as required by subsection (a) of Kan. Stat. Ann. § 8-2,133, and amendments thereto.
(b) Seasonal commercial drivers’ licenses issued pursuant to subsection (a) shall allow the operation of commercial motor vehicles owned by the following specific farm-related service industries:
(1) Farm retail outlets and suppliers;
(2) agri-chemical businesses;
(3) custom harvesters; and
(4) livestock feeders.
(c) An applicant who has not held a driver’s license for at least one year shall not be eligible for a seasonal commercial driver’s license. An applicant who has between one and two years’ driving experience shall comply with the provisions of subparagraphs (A) through (G) of paragraph (1) of subsection (b) of Kan. Stat. Ann. § 8-2,133, and amendments thereto, for the applicant’s entire driving history. An applicant with more than two years’ driving experience shall comply with the provisions of subparagraphs (A) through (G) of paragraph (1) of subsection (b) of Kan. Stat. Ann. § 8-2,133, and amendments thereto. The requirements contained in subparagraphs (A) through (G) of paragraph (1) of subsection (b) of Kan. Stat. Ann. § 8-2,133, and amendments thereto, shall be confirmed prior to any renewal or revalidation of a seasonal commercial driver’s license.
(d) Any person issued a seasonal commercial driver’s license, shall not operate any vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded, except for diesel fuel in quantities of 1,000 gallons or less; liquid fertilizers in vehicles or implements of husbandry with total capacities of 3,000 gallons or less; and solid fertilizers that are not transported with any organic substance.
(e) A seasonal commercial driver’s license issued pursuant to subsection (a) shall be valid for a consecutive 180-day period from the date of issuance of such license. A person shall be issued only one seasonal commercial driver’s license for any twelve-month period.
(f) Any person issued a seasonal commercial driver’s license pursuant to subsection (a), shall not operate a commercial motor vehicle beyond 150 miles from the place of business or from the farm being served.
(g) As used in this section:
(1) “Farm retail outlets and suppliers” means any retail outlet and supplier that transports either agricultural products, farm machinery, farm supplies, or both, to or from a farm;
(2) “agri-chemical businesses” means any business that transports agricultural chemicals to or from a farm.
(h) A person who has been issued a seasonal commercial driver’s license and who is convicted of violating the provisions of this section, the division, upon receiving a report of conviction, shall revoke such person’s seasonal commercial license for the remainder of the period specified in subsection (e).
(i) The secretary may adopt rules and regulations necessary to carry out the provisions of this section.
(j) The provisions of this section shall be a part of, and supplemental to, the Kansas uniform commercial drivers’ license act.