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Kansas Corporation Commission adopts federal updates, lets inspectors place drivers out of service for failed English test
Summary
The Kansas Corporation Commission proposed updates to motor-carrier rules including adopting CVSA out-of-service criteria and authorizing inspectors to place drivers out of service if they fail an English-language proficiency test; the rules also adopt updated federal hours-of-service and safety-fitness standards.
Representatives of the Kansas Corporation Commission told the committee they are updating motor-carrier regulations to reflect current federal standards and enforcement practices and to implement a recent request by the Kansas Highway Patrol.
Asan Latif, litigation counsel at the commission, explained that KAR 82‑4‑1 adopts definitions and the North American out‑of‑service criteria published by the Commercial Vehicle Safety Alliance (CVSA). The update allows inspectors to place a driver out of service if they cannot comply with instructions or fail a roadside English-language proficiency test; previously such failures produced a citation but did not necessarily render the driver out of service.
"This would allow the inspector to make to keep the driver at roadside until a new driver could come that could pass the test," Latif said, describing the enforcement change.
The commission is also proposing KAR 82‑4‑3A and 82‑4‑3D to adopt newer versions of federal hours‑of‑service and safety‑fitness procedures (2024 versions). KCC staff said those adoptions do not change substantive obligations for motor carriers but harmonize state rules with federal updates and provide procedures for safety ratings and remedial action.
Lawmakers asked whether records exist showing how often citations or out‑of‑service orders have been issued; staff said the Highway Patrol keeps citation records for review and the commission can report counts to the committee once Patrol data are available. Committee members also asked how carriers correct out‑of‑service conditions; KCC and Patrol staff said a carrier must provide a qualified replacement driver or correct the vehicle defect before the vehicle may move.
Ending: The commission will follow up with citation counts and said public hearings are scheduled for the regulatory updates.
