"Commercial driver position" means any position which is subject to the State of Kansas alcohol and controlled substances testing program established under the federal omnibus transportation employees testing act of 1991, 49 U.S.C. Appx. § 2717. Commercial driver positions shall be limited to those positions which require:

1. (a) a commercial driver's license as defined in the Kansas uniform commercial drivers' license act, K.S.A. 8-2,125et seq., as amended; and

2. (b) operation of a commercial motor vehicle:

   1. (1) with a gross vehicle weight of over 26,000 pounds; or
   2. (2) designed to carry 16 or more passengers, including the driver.

(Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746, 75-2940 and 75-3707; effective, T-1-1-26-95, Jan. 26, 1995; effective May 30, 1995.)