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Session of 2026
HOUSE BILL No. 2604
By Committee on Transportation
Requested by Zach Denney on behalf of the Department of Revenue
1-30
AN ACT concerning motor vehicles; relating to commercial motor
vehicles and the Kansas uniform commercial drivers' license act;
including gross vehicle weight to determine the class of commercial
motor vehicle for drivers' license purposes; modifying the definition of
commercial motor vehicle in the uniform act; creating a definition of
air mile and gross vehicle weight in the uniform act; amending K.S.A.
8-234b and 8-2,128 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-234b is hereby amended to read as follows: 8-
234b. (a) (1) Every original driver's license issued by the division shall
indicate the class or classes of motor vehicles which that the licensee is
entitled to drive. For this purpose the following classes are established:
(1)(A) Commercial class A motor vehicles include any combination
of vehicles with a gross combination weight rating or gross combination
weight, whichever is greater, of 26,001 pounds or more, providing
provided that the gross vehicle weight rating or gross vehicle weight,
whichever is greater, of the vehicle or vehicles being towed is in excess of
10,000 pounds;
(2)(B) commercial class B motor vehicles include any single vehicle
with a gross vehicle weight rating or gross vehicle weight, whichever is
greater, of 26,001 pounds or more, or any such vehicle towing a vehicle
not in excess of 10,000 pounds gross vehicle weight rating or gross
vehicle weight, whichever is greater;
(3)(C) commercial class C motor vehicles include any single vehicle
less than 26,001 pounds gross vehicle weight rating or gross vehicle
weight, whichever is greater , or any such vehicle towing a vehicle not in
excess of 10,000 pounds, or any vehicle less than 26,001 pounds gross
vehicle weight rating or gross vehicle weight, whichever is greater, towing
a vehicle in excess of 10,000 pounds gross vehicle weight rating or gross
vehicle weight, whichever is greater, provided that the gross combination
weight rating or gross combination weight, whichever is greater, of the
combination is less than 26,001 pounds comprising:
(A)(i) Vehicles designed to transport 16 or more passengers,
including the driver; or
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(B)(ii) vehicles used in the transportation of hazardous materials
which that requires the vehicle to be placarded;
(4)(D) class A motor vehicles include any combination of vehicles
with a gross combination weight rating of 26,001 pounds or more,
provided the gross combination weight rating of the vehicle or vehicles
being towed is in excess of 10,000 pounds, and all other lawful
combinations of vehicles with a gross combination weight rating of 26,001
pounds, or more; except that, class A does not include a combination of
vehicles that has a truck registered as a farm truck under K.S.A. 8-143, and
amendments thereto;
(5)(E) class B motor vehicles include any single vehicle with a gross
vehicle weight rating of 26,001 pounds or more, or any such vehicle
towing a vehicle not in excess of 10,000 pounds gross vehicle weight
rating. Class B motor vehicles do not include a single vehicle registered as
a farm truck under K.S.A. 8-143, and amendments thereto, when such
farm truck has a gross vehicle weight rating of 26,001 pounds, or more; or
any fire truck operated by a volunteer fire department;
(6)(F) class C motor vehicles include any single vehicle with a gross
vehicle weight rating less than 26,001 pounds, or any such vehicle towing
a vehicle not in excess of 10,000 pounds gross vehicle weight rating, or
any vehicle with a less than 26,001 gross vehicle weight rating towing a
vehicle in excess of 10,000 pounds gross vehicle weight rating, provided
the gross combination weight rating of the combination is less than 26,001
pounds, or any single vehicle registered as a farm truck under K.S.A. 8-
143, and amendments thereto, when such farm truck has a gross vehicle
weight rating of 26,001 pounds, or more, or any fire truck operated by a
volunteer fire department or any autocycle; and
(7)(G) class M motor vehicles includes motorcycles, but does not
include autocycles.
(2) As used in this subsection,:
(A) "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.
(B) "Gross vehicle weight" means the weight of the vehicle without
load plus the weight of any load on such vehicle. The gross vehicle weight
of a combination (articulated) vehicle (commonly referred to as the "gross
combination weight") is the gross vehicle weight of the power unit plus the
gross vehicle weight of the towed unit or units.
(b) Every applicant for an original driver's license shall indicate on
such person's application the class or classes of motor vehicles for which
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the applicant desires a license to drive, and the division shall not issue a
driver's license to any person unless such person has demonstrated
satisfactorily ability to exercise ordinary and reasonable control in the
operation of motor vehicles in the class or classes for which the applicant
desires a license to drive. The division shall administer an appropriate
examination of each applicant's ability to drive such motor vehicles.
Except as provided in K.S.A. 8-2,125 through 8-2,142, and amendments
thereto, the director of vehicles may accept a copy of the certificate of a
person's road test issued to an individual under the regulatory requirements
of the United States department of transportation, in lieu of requiring the
person to demonstrate ability to operate any motor vehicle or combination
of vehicles, if such certificate was issued not more than three years prior to
the person's application for a driver's license.
(c) Any person who is the holder of a valid driver's license which that
entitles the person to drive class A motor vehicles may also drive class B
and C motor vehicles. Any person who is the holder of a valid driver's
license which that entitles the person to drive class B motor vehicles may
also drive class C motor vehicles.
(d) The secretary of revenue shall adopt rules and regulations
establishing qualifications for the safe operation of the various types, sizes
and combinations of vehicles in each class of motor vehicles established in
subsection (a). Such rules and regulations shall include the adoption of at
least the minimum qualifications for commercial drivers' licenses
contained in the commercial motor vehicle safety act of 1986.
(e) Any reference in the motor vehicle drivers' license act to a class or
classes of motor vehicles is a reference to the classes of motor vehicles
established in subsection (a), and any reference in the motor vehicle
drivers' license act to a classified driver's license or a class of driver's
license means a driver's license which that restricts the holder thereof to
driving one or more of such classes of motor vehicles.
(f) The secretary of revenue may enter into a contract with any
person, who meets the qualifications imposed on persons regularly
employed by the division as drivers' license examiners, to accept
applications for drivers' licenses and to administer the examinations
required for the issuance of drivers' licenses.
(g) Notwithstanding the provisions of subsection (a), any person
employed as an automotive mechanic who possesses a valid class C
driver's license may drive any class A or class B motor vehicle on the
highways for the purpose of determining the proper performance of the
vehicle, except that this does not include commercial class A, B or C
vehicles.
Sec. 2. K.S.A. 8-2,128 is hereby amended to read as follows: 8-2,128.
As used in this act:
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(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 or combination of motor vehicles used in commerce to transport
passengers or property, if the motor vehicle is a:
(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 Combination Vehicle (Group A) having a gross combination
weight rating or gross combination weight, whichever is greater, of 26,001
pounds or more inclusive of a towed unit or units with a gross vehicle
weight rating or gross vehicle weight, whichever is greater, of more than
10,000 pounds;
(2) the vehicle is designed to transport 16 or more passengers,
including the driver Heavy Straight Vehicle (Group B) having a gross
vehicle weight rating or gross vehicle weight, whichever is greater, of
26,001 pounds or more; or
(3) the vehicle is transporting hazardous materials and is required to
be placarded in accordance with 49 C.F.R. § 172, subpart F Small
Vehicle (Group C) that does not meet Group A or Group B requirements
but either is:
(A) Designed to transport 16 or more passengers, including the
driver; or
(B) of any size and is used in the transportation of hazardous
materials as defined by this section;
(g) "controlled substance" means any substance so classified under
K.S.A. 21-5701, 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
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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;
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(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 that is self-propelled,
and every vehicle which that 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 that is adopted by a person as
the person's place of habitation and to which where, 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 that the secretary
determines by rule and regulation to be serious;
(w) "state" means a state of the United States and the District of
Columbia;
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(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 where such person has the intention of returning whenever such
person is absent;
(y) "tank vehicle" means a tank vehicle, as defined in 49 C.F.R. §
383.5, as in effect on the date of this act or such later version as adopted by
rules and regulations of the secretary pursuant to K.S.A. 8-2,140, and
amendments thereto;
(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;
(hh) "air mile" means 6,076 feet or 1.1507 statute miles; and
(ii) "gross vehicle weight" means the weight of the vehicle without
load plus the weight of any load on such vehicle. The gross vehicle weight
of a combination (articulated) vehicle (commonly referred to as the "gross
combination weight") is the gross vehicle weight of the power unit plus the
gross vehicle weight of the towed unit or units.
Sec. 3. K.S.A. 8-234b and 8-2,128 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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