[As Amended by House Committee of the
Whole]
As Amended by House Committee
[As Amended by Senate Committee of the
Whole]
Session of 1999
SENATE BILL No. 346
By Committee on Federal and State Affairs
3-5
12 AN ACT
regulating traffic; providing penalties for certain overweight
13 vehicles; amending
K.S.A. 1998 [1999] Supp. 8-1901 and
repealing
14 the existing section;
also repealing K.S.A. 8-1342.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section
1. K.S.A. 1998 [1999] Supp.
8-1901 is hereby amended to
18 read as follows: 8-1901. (a) It shall be
unlawful for any person to drive or
19 move or for the owner or lessee to cause or
knowingly permit to be driven
20 or moved on any highway any vehicle or
combination of vehicles of a size
21 or weight exceeding the limitations stated
in article 19 of chapter 8 of
22 Kansas Statutes Annotated or otherwise in
violation of this article, and
23 the maximum size and weight of vehicles
herein specified shall be lawful
24 throughout this state, and local
authorities shall have no power or au-
25 thority to alter said limitations except as
express authority may be granted
26 in this article.
27 (b) Any person
violating any of the provisions of article 19 of chapter
28 8 of the Kansas Statutes Annotated, except
for the provisions of K.S.A.
29 8-1908 and 8-1909, and amendments thereto,
shall, upon conviction
30 thereof, be fined in an amount not to
exceed $500.
31 (c) Any person
violating who operates a vehicle or combination
of
32 vehicles in violation of any of the
provisions of K.S.A. 8-1908 or 8-1909,
33 and amendments thereto, shall, upon a first
conviction thereof, be fined
34 the applicable following amount from one,
but not both of the following
35 schedules for moving a gross vehicle or
combination of vehicles weight
36 in excess of the lawful maximum gross
weight for such vehicle or com-
37 bination of vehicles or for any axle or
tandem, triple or quad axles thereof:
38
GROSS WEIGHT OF VEHICLE
39
OR COMBINATION
40 For each violation of any gross weight
limitation of a vehicle or combi-
41 nation of vehicles, an amount equal to the
amount determined by applying
2
1 the following schedule for each pound
in excess of the lawful limit:
| 2 |
Pounds Overweight |
Rate of Fine |
| 3 |
up to 1000 |
$25.00 |
| 4 |
1001 to 2000 |
3¢ per pound |
| 5 |
2001 to 5000 |
5¢ per pound |
| 6 |
5001 to 7500 |
7¢ per pound |
| 7 |
7501 and over |
10¢ per pound |
8
GROSS WEIGHT ON ANY AXLE
9
OR TANDEM, TRIPLE OR QUAD AXLES
10 For each violation of any gross weight
limitation on any axle or tandem,
11 triple or quad axles, an amount equal to
the amount determined by ap-
12 plying the following schedule for each
pound in excess of the lawful gross
13 weight:
| 14 |
Pounds Overweight |
Rate of Fine |
| 15 |
up to 1000 |
$25.00 |
| 16 |
1001 to 2000 |
3¢ per pound |
| 17 |
2001 to 5000 |
5¢ per pound |
| 18 |
5001 to 7500 |
7¢ per pound |
| 19 |
7501 and over |
10¢ per pound |
20 For a second violation
of this subsection (c), within two years after a
21 prior conviction of this subsection, such
person, upon conviction shall be
22 fined 11/2 times the applicable amount from
one, but not both, of the
23 above schedules. For a third violation of
this subsection (c) within two
24 years, after two prior convictions of this
subsection, such person, upon
25 conviction shall be fined two times the
applicable above amount from
26 one, but not both, of the above schedules.
For a fourth and each suc-
27 ceeding violation of this subsection (c)
within two years after three prior
28 convictions of this subsection, such
person, upon conviction shall be fined
29 21/2 times the applicable above amount from
one, but not both, of the
30 above schedules.
31 (d) In
addition to the driver of a vehicle or combination of
vehicles
32 under subsection (c), the
owner of goods or commodities being shipped
33 or the person
exercising direct control over the loading of such vehicle
or
34 combination of vehicles, excluding the
driver of such vehicle, shall be
35 subject to the penalties provided for
under subsection (c) for violations of
36 gross weight of vehicle or combination
of vehicles for overweight viola-
37 tions of 10,000 pounds or more. The
provisions of this subsection shall
38 not apply if the vehicle or combination
of vehicles are loaded in:
(1) In
39 accordance with the maximum gross weight
vehicle marking under K.S.A.
40 8-143e, and amendments
thereto; or (2) with
harvested crops from a
41 field or from storage on a farm[;
or (3) with livestock, as defined
42 by K.S.A. 47-1801, and amendments
thereto, which are loaded on
43 a farm or ranch].
3
1 (e) The
provisions of K.S.A. 8-1908 and 8-1909, and amendments
2 thereto, shall be uniformly and
fairly enforced for all vehicles or combi-
3 nation of vehicles.
4
(d) (f) Except as otherwise
specifically provided in this act, the pro-
5 visions of article 19 of chapter 8 of
Kansas Statutes Annotated governing
6 size, weight and load shall not apply
to fire apparatus, road machinery,
7 farm tractors or to implements of
husbandry temporarily moved upon a
8 highway, or to a vehicle operated
under the terms of a currently valid
9 special permit issued in accordance
with K.S.A. 8-1911, and amendments
10 thereto.
11 (e)
(g) Except on highways designated as part of the
national system
12 of interstate defense highways, the gross
weight limitation prescribed by
13 article 19 of chapter 8 of Kansas Statutes
Annotated on any axle or tan-
14 dem, triple or quad axles shall not apply
to: (1) Trucks specifically de-
15 signed and equipped and used exclusively
for garbage, refuse or solid
16 waste disposal operations when loaded with
garbage, refuse or waste; or
17 (2) trucks mounted with a fertilizer
spreader used or manufactured prin-
18 cipally to spread animal dung, except that
this paragraph (2) shall not
19 apply to truck tractors so equipped. Except
that such trucks under this
20 subsection shall not exceed the maximum
gross weight limitations con-
21 tained in the table in K.S.A. 8-1909, and
amendments thereto.
22 (f)
(h) As used in this section, ``conviction'' means a
final conviction
23 without regard to whether sentence was
suspended or probation granted
24 after such conviction, and a forfeiture of
bail, bond or collateral deposited
25 to secure a defendant's appearance in
court, which forfeiture has not been
26 vacated, is equivalent to a
conviction.
27 Sec. 2. K.S.A. 8-1342 and K.S.A.
1998 [1999] Supp. 8-1901 are
28 hereby repealed.
29 Sec. 3. This act shall
take effect and be in force from and after its
30 publication in the statute book.