Kansas’s Commercial Driver’s License Laws

Whether used for farming, delivery, or transportation, Kansas issues commercial driver's licenses (CDLs) to authorize the operation of different commercial motor vehicles (CMVs). Each license has different rules and requirements and can be revoked for rule violations. This article outlines the requirements for obtaining the different types of commercial licenses and the violations that could lead to license revocation.

Commercial Driver's License (CDL) Requirements in Kansas

Kansas considers a CMV to be any vehicle designed to carry hazardous materials, 16 or more passengers, or that weighs 26,001 or more pounds. (Kan. Stat. Ann. § 8-2,128 (2024).)

Fire trucks, military vehicles, and private-use CMVs (RVs) are exempt from licensing requirements. Farm owners are also exempt when operating farm equipment in-state or within 150 miles of the farm. (Kan. Stat. Ann. § 8-2,127 (2024).)

Kansas's CDL License Classes for Different Vehicle Weights

There are three classes of CDLs based on the weight of the truck and/or trailer(s).

The CMV's weight must be exceeded by the CDL's permitted limit. For example, a class A CDL can be used to operate any weight of CMV.

Kansas's CDL Endorsements for Transporting Passengers and Special Cargo

Transporting passengers or hazardous materials also requires CDL license endorsements. Each endorsement requires additional testing and is added to the CDL after issuance.

How To Get a CDL in Kansas

Commercial instruction permits. A driver must be at least 18 years old to apply for a commercial instruction permit. The applicant must show proof of residency, clear a background check, and complete the knowledge examination. The instruction permit can be used to operate a CMV while supervised by a licensed commercial driver (with at least one year of experience).

Commercial driver's licenses. A CDL applicant must have held an instruction permit for at least 14 days, be at least 18 years old, and pass the driving skills test. The knowledge exam, proof of residency, and background check must also be completed if not already done so for the instruction permit. A class A CDL also requires the completion of a human trafficking education course. Federal law requires all CMV operators to be at least 21 years old to travel between states.

Seasonal commercial driver's licenses. Kansas provides temporary 180-day permits that authorize the operation of class B or C CMVs for farm retail, custom harvest, and livestock feeding within 150 miles of the farm. The applicant must hold a driver's license for at least one year but does not need to complete the written or driving exam. A special seasonal license is also available for drivers who are 16 years old but can be used only to transport goods to and from the field.

Medical certificates. A licensed commercial driver must possess and maintain current medical certification. The certification is performed by a physician and certifies that the driver is healthy enough to operate a CMV.

Disclosures. A CDL holder must complete a background check during the application process but is also required to disclose any future traffic violations to his or her employer and the state. A CDL holder must also disclose prior work history to any potential employers.

(Kan. Stat. Ann. § 8-2,133 (2024).)

CDL Revocation and Disqualification

Failure to follow any of the many CMV-related rules can result in fines, jail, and license revocation. Since Kansas prohibits CDL-holders from receiving diversion agreements, these penalties are generally unavoidable. (Kan. Stat. Ann. § 8-2,142 (2024).)

Serious Traffic Offenses

"Serious traffic offenses" can result in CDL revocation. These offenses include:

• speeding 15 miles per hour or more over the limit
• reckless driving
• erratic lane changes
• following too closely, and any traffic violation involving a fatality.

Driving a CMV without a CDL is also a serious traffic offense and a class B misdemeanor, but the offense will be dismissed if a then-valid CDL is provided to the court.

Having two serious traffic offenses in three years will result in a minimum 60-day revocation. Having three serious traffic offenses in three years will result in a minimum 120-day revocation.

Major Offenses

"Major offenses" can also result in the loss of CDL privileges. Major offenses include:

• chemical test refusals and failures
• DUIs (driving under the influence)
• DUIs in a CMV
• leaving the scene of an accident
• using a motor vehicle in the commission of a felony
• driving a CMV while revoked, and
• negligently causing a CMV-related fatality.

A first major offense will result in a one-year CDL disqualification. The disqualification is three years if the violation occurred in a CMV designed to carry hazardous materials. A second major offense will result in a lifetime revocation, but a driver can request reinstatement after 10 years. The production or transportation of controlled substances using a motor vehicle will result in permanent lifetime revocation.

CDL Out-of-Service Order

Certain actions, like driving a CMV after consuming alcohol, will result in the issuance of an immediate, but temporary, out-of-service order (OSO). Driving in violation of the OSO is a class B misdemeanor and will result in license revocation for a period that depends on the number of prior violations in the last 10 years.

• First offense. 180-day to one-year license disqualification (180 days to 2 years if in hazmat or passenger vehicle designed for more than 15 passengers).
• Second offense. Two- to five-year license disqualification (three to five years if in hazmat or passenger vehicle designed for more than 15 passengers).
• Third or subsequent offense. Three- to five-year license disqualification.

In addition to license revocation, the driver will be fined $1,100 to $2,750. An employer that permitted an OSO violation will be fined $2,750 to $11,000.

Rules for Commercial Vehicles at Railroad Crossings

CMVs have special safety rules regarding railroad crossings. The driver must slow down or stop for all crossings and ensure the CMV has proper clearance to cross completely. A violation will result in a 60-day, 120-day, and one-year disqualification for a first, second, and third offense. The driver's employer can also be fined $2,750 to $11,000.

Implied Consent Rules of CDL Holders

All commercial drivers are deemed to have given consent to the chemical testing of their breath, blood, or urine. A police officer can request a driver to submit to testing if probable cause exists to believe the driver is on drugs or alcohol. A test failure or refusal will result in an OSO order, license disqualification, and other possible penalties.