Kan. Admin. Regs. § 82-4-3c - Testing for controlled substances and alcohol use
(a)
With the following exceptions, 49 C.F.R. Part 382, as in effect on October 1,
2018 and as amended by 84 fed. reg. 51432 (2019), is hereby adopted by
reference:
(1) The following revisions shall
be made to 49 C.F.R. 382.103:
(A) In paragraph
(a), the phrase "any State" shall be deleted and replaced by "the state of
Kansas."
(B) In paragraph (a)(1),
the phrase "part 383 of this subchapter" shall be deleted and replaced with
"the Kansas uniform commercial drivers' license act, K.S.A. 8-2,125 et
seq."
(C) In paragraph (d)(1), the
phrase "part 655 of this title" shall be replaced with "49 CFR Part
655."
(D) In paragraph (c), the
phrase "§ 390.3(f) of this subchapter" shall be deleted and replaced by
" 49 C.F.R. 390.3(f) as adopted by K.A.R. 82-4-3f."
(E) Paragraph (d)(2) shall be deleted and
replaced by the following: "(2) Operating vehicles exempted from the Kansas
uniform commercial drivers' license act by K.S.A. 8-2,127 and amendments
thereto."
(F) In paragraph (d)(3),
the phrase "a State" shall be deleted and replaced by "the state of Kansas."
The phrase "part 383 of this subchapter" shall be deleted and replaced by "the
Kansas uniform commercial drivers' license act." The text "These individuals
may be:" shall be deleted.
(G)
Paragraphs (d)(3)(i) and (d)(3)(ii) shall be deleted.
(2) In 49 C.F.R. 382.105, the phrase "part 40 of this title" shall be deleted and
replaced by "49 C.F.R. Part 40, as adopted by K.A.R. 82-4-3b."
(3) The following revisions shall be made to
49 C.F.R. 382.107:
(A) In the first paragraph,
the phrase "§§ 386.2 and 390.5 of this subchapter, and § 40.3 of
this title" shall be deleted and replaced by " 49 C.F.R. 390.5, as adopted by
K.A.R. 82-4-3f, and 49 C.F.R. 40.3, as adopted by K.A.R. 82-4-3b."
(B) The definition of "commerce" shall be
deleted and replaced by the following: "Commerce' means any trade, traffic or
transportation within the jurisdiction of the state of Kansas, and any trade,
traffic and transportation which affects any trade, traffic and transportation
within the jurisdiction of the state of Kansas."
(C) The phrase "as adopted by K.A.R. 82-4-20 "
shall be inserted after the phrase "(49 C.F.R. part 172, subpart F)" in the
definition of commercial motor vehicle.
(D) In the definition of "controlled
substances," the phrase "those substances identified in § 40.85 of this
title" shall be deleted and replaced by "marijuana metabolites, cocaine
metabolites, amphetamines, opioids and phencyclidine (PCP)."
(E) In the definition of "DOT agency," the
phrase "part 40 of this title" shall be deleted and replaced by "49 C.F.R. Part
40 as adopted by K.A.R. 82-4-3b, or the Kansas Corporation
Commission."
(F) In the definition
of "negative return-to-duty test result," the phrase ", as described in 40.305
of this title" shall be deleted.
(G)
(i) In
paragraph (1) of the definition of "refuse to submit," "(see § 40.61(a) of
this title)" shall be deleted.
(ii)
In paragraphs (2) and (3) of the definition of "refuse to submit," "(see §
40.63(c) of this title)" shall be deleted.
(iii) In paragraph (4) of the definition of
"refuse to submit," "(see §§ 40.67(l) and 40.69(g) of this title)"
shall be deleted.
(iv) In paragraph
(5) of the definition of "refuse to submit," "(see § 40.193(d)(2) of this
title)" shall be deleted.
(v) In
paragraph (7) of the definition of "refuse to submit," the phrase "under §
40.193(d) of this title" shall be deleted.
(4)
49 C.F.R. 382.109 shall be deleted.
(5) In 49 C.F.R. 382.115, the phrase "in the
United States" shall be deleted and replaced by "in the state of
Kansas."
(6)
49 C.F.R. 382.117 shall be deleted.
(7) In 49 C.F.R. 382.119(b), the phrase " 49 CFR 40.21 " shall be deleted and replaced by " 49 C.F.R. 40.21 as adopted by K.A.R. 82-4-3b."
(8) In 49 C.F.R. 382.121(a), the phrase "part
40 of this title" shall be deleted and replaced by "49 C.F.R. Part 40 as
adopted by K.A.R. 82-4-3b."
(9) The
following revisions shall be made to 49 C.F.R. 382.213:
(10) In 49 C.F.R. 382.217, the
phrase "in 49 CFR part 40, subpart O" shall be deleted and replaced by "49
C.F.R. Part 40, Subpart O as adopted by K.A.R. 82-4-3b."
(11) The following revisions shall be made to
49 C.F.R. 382.301:
(A) In paragraph
(c)(1)(iii), the phrase "part 40 of this title" shall be deleted and replaced
by "49 C.F.R. Part 40, as adopted by K.A.R. 82-4-3b."
(12) The following revisions shall
be made to 49 C.F.R. 382.303:
(A) In 49 C.F.R. 382.303(h)(3), the phrase "(as defined in 571.3 of this title)" shall be
deleted and replaced with ", meaning a motor vehicle with motive power, except
a low-speed vehicle or trailer, designed to carry 10 persons or less which is
constructed either on a truck chassis or with special features for occasional
off-road operation,".
(B) In 49 C.F.R. 382.303(h)(3), the phrase "§ 177.823 of this title" shall be
deleted and replaced by " 49 C.F.R. 177.823 as adopted by K.A.R.
82-4-20."
(13) In 49 C.F.R. 382.305, paragraphs (b) through (h) shall be deleted.
(14) In 49 C.F.R. 382.309 and 382.311, the
phrase "49 CFR part 40, Subpart O" shall be deleted and replaced by "49 C.F.R.
Part 40, Subpart O as adopted by K.A.R. 82-4-3b."
(15) The following revisions shall be made to
49 C.F.R. 382.401:
(A) In paragraph (b)(3),
the phrase "part 40 of this title" shall be deleted and replaced by "49 C.F.R.
Part 40 as adopted by K.A.R. 82-4-3b."
(B) In paragraph (c)(2)(iii), the phrase ",
including those required by part 40, subpart G, of this title" shall be
deleted.
(C) In paragraph
(c)(5)(iv), the phrase "as required by § 40.213(g) of this title" shall be
deleted and replaced by "demonstrating one meets all requirements for such a
position."
(D) In paragraph
(c)(6)(iii), the phrase "§ 40.111(a) of this title" shall be
deleted.
(E) In paragraph (d), the
phrase "§ 390.29 of this subchapter" shall be deleted and replaced by " 49 C.F.R. 390.29, as adopted by K.A.R. 82-4-3f."
(F) Paragraph (e) shall be deleted.
(16) In 49 C.F.R. 382.403(b), the
phrase "49 CFR part 40" shall be deleted and replaced by "49 C.F.R. Part 40 as
adopted by K.A.R. 82-4-3b." The phrase "§ 40.26 and appendix H to part 40"
shall be deleted and replaced by " K.A.R. 82-4-3b."
(17) The following revisions shall be made to
49 C.F.R. 382.405:
(A) In paragraph (g), the
phrase "in accordance with § 40.323(a)(2) of this title" shall be deleted
and replaced by "pursuant to a court order."
(B) In paragraph (h), the phrase "as outlined
in § 40.321(b) of this title" shall be deleted.
(19) In 49 C.F.R. 382.413(b), the phrase "§ 40.25 (b)(5) of this title" shall be deleted and
replaced by " 49 C.F.R. 40.25 as adopted by K.A.R. 82-4-3b."
(20) In 49 C.F.R. 382.415, the phrase "part
40 of this title or this part without complying with the requirements of part
40, subpart O" shall be replaced with "49 C.F.R. Part 40 as adopted by K.A.R.
82-4-3b or has failed to be cleared by a DOT certified substance abuse
professional."
(21) In 49 C.F.R. 382.501(c), the phrase "part 390 of this subchapter" shall be deleted and
replaced by "49 C.F.R. Part 390 as adopted by K.A.R. 82-4-3f."
(22) In 49 C.F.R. 382.503, the phrase "part
40, subpart O, of this title" shall be deleted and replaced with "Subpart O of
49 C.F.R. Part 40 as adopted by K.A.R. 82-4-3b."
(23)
49 C.F.R. 382.507 shall be
deleted.
(24) In 49 C.F.R. 382.601(b)(9), the phrase "part 40, Subpart O, of this title" shall be deleted
and replaced by "49 C.F.R. Part 40, Subpart O, as adopted by K.A.R.
82-4-3b."
(25) In 49 C.F.R. 382.605, the phrase "49 CFR part 40, Subpart O" shall be deleted and replaced
by "Subpart O of 49 C.F.R. Part 40 as adopted by K.A.R. 82-4-3b."
(26) The following revisions shall be made to
49 C.F.R. 382.701:
(A) In paragraphs (d)(1)
and (2), the phrase "part 40, subpart O, of this title" shall be replaced with
"part 40, subpart O, of this title as adopted by K.A.R. 82-4-3b."
(B) In paragraph (d)(2), the phrase "in
accordance with 40.307 of this title" and "required by 40.311 of this title"
shall be deleted.
(27)
The following changes shall be made to 49 C.F.R. 382.705:
(A) Paragraph (a) shall be deleted.
(B) In paragraph (b), the following changes
shall be made:
(i) In paragraph (b)(1)(iii),
the phrase " 49 C.F.R. 40.261 " shall be replaced by " 49 C.F.R. 40.261 as adopted
by K.A.R. 82-4-3b."
(ii) In
paragraph (b)(1)(iv), the phrase "as adopted by K.A.R. 82-4-3b " shall be
inserted after "(d)(1)" and "(a) (11)."
(iii) In paragraph (b)(1)(v), the phrase "in
accordance with 40.307, 40.309, and 40.211 of this title" shall be
deleted.
(iv) In paragraph (b)(3),
the phrase "as adopted by K.A.R. 82-4-3a " shall be inserted after
"40.191(a)(1)."
(C)
Paragraph (d) shall be deleted.
(28)
49 C.F.R. 382.707 shall be
deleted.
(29) In 49 C.F.R. 382.711,
paragraphs (b) and (c) shall be deleted.
(30) In 49 C.F.R. 382.715, paragraph (b)
shall be deleted.
(32) The following revisions shall be made to
49 C.F.R. 382.723:
(A) In paragraph (c), the
phrase "including those set forth at 382.507" shall be deleted.
(B) In paragraph (d), the term "FMCSA" shall
be followed by the phrase "or Kansas Corporation Commission."
(b) As used in this regulation, each
reference to a portion of 49 C.F.R. Part 382 shall mean that portion as adopted
by reference in this regulation.
(c) Whenever the federal regulations adopted
in this regulation refer to portions of the federal regulations or other
operating standards that are not already adopted by reference in article 4 of
the commission's regulations, the references shall not be applicable to this
regulation unless otherwise specifically adopted.
Notes
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