Session of 1999
         
SENATE BILL No. 49
         
By Committee on Transportation and Tourism
          
1-14
          
  9             AN  ACT regulating traffic; concerning aggressive driving; amending
10             K.S.A. 1998 Supp. 8-2,128 and repealing the existing section.
11      
12       Be it enacted by the Legislature of the State of Kansas:
13             New Section  1. (a) A person commits aggressive driving if both of
14       the following occur:
15             (1) During a course of conduct the person commits a violation of
16       K.S.A. 8-1557, 8-1558, 8-1559, 8-1560 or 8-1560b, and amendments
17       thereto and at least two of the following violations:
18             (A) Failure to obey traffic control devices as provided in K.S.A. 8-
19       1507, and amendments thereto;
20             (B) overtaking and passing another vehicle on the right by driving off
21       the pavement or main traveled portion of the roadway as provided in
22       K.S.A. 8-1517, and amendments thereto;
23             (C) unsafe lane change as provided in K.S.A. 8-1522, and amend-
24       ments thereto;
25             (D) following a vehicle too closely as provided in K.S.A. 8-1523, and
26       amendments thereto;
27             (E) failure to yield the right-of-way as provided in K.S.A. 8-1526
28       through 8-1531, and amendments thereto.
29             (2) The person's driving is an immediate hazard to another person or
30       vehicle.
31             (b) Except as provided in K.S.A. 8-2,142, and amendments thereto,
32       violation of this section is a misdemeanor. Upon a first conviction of a
33       violation of this section, a person shall be sentenced to not less than five
34       days nor more than 90 days imprisonment or fined not less than $25 nor
35       more than $500, or both such fine and imprisonment. On a second or
36       subsequent conviction of a violation of this section, a person shall be
37       sentenced to not less than 10 days nor more than six months imprison-
38       ment, or fined not less than $50 nor more than $500 or both such fine
39       and imprisonment.
40             (c) As used in this section "course of conduct" means a series of acts
41       committed during a single, continuous period of driving.
42             (d) This section shall be part of and supplemental to the uniform act
43       regulating traffic on highways.

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  1             Sec.  2. K.S.A. 1998 Supp. 8-2,128 is hereby amended to read as fol-
  2       lows: 8-2,128. As used in this act:
  3             (a) "Alcohol" means any substance containing any form of alcohol
  4       including, but not limited to, ethanol, methanol, propanol and
  5       isopropanol;
  6             (b) "alcohol concentration" means:
  7             (1) The number of grams of alcohol per 100 milliliters of blood; or
  8             (2) the number of grams of alcohol per 210 liters of breath;
  9             (c) "commercial driver's license" means a commercial license issued
10       pursuant to K.S.A. 8-234b, and amendments thereto;
11             (d) "commercial driver license system" means the information system
12       established pursuant to the commercial motor vehicle safety act of 1986
13       to serve as a clearinghouse for locating information related to the licensing
14       and identification of commercial motor vehicle drivers;
15             (e) "instruction permit" means a permit issued pursuant to K.S.A. 8-
16       294, and amendments thereto;
17             (f) "commercial motor vehicle" means a motor vehicle designed or
18       used to transport passengers or property, if:
19             (1) The vehicle has a gross vehicle weight rating of 26,001 or more
20       pounds or such lesser rating, as determined by rules and regulations
21       adopted by the secretary, but shall not be more restrictive than the federal
22       regulation;
23             (2) the vehicle is designed to transport 16 or more passengers, in-
24       cluding the driver; or
25             (3) the vehicle is transporting hazardous materials and is required to
26       be placarded in accordance with 49 C.F.R. 172, subpart F, effective Jan-
27       uary 1, 1991;
28             (g) "controlled substance" means any substance so classified under
29       K.S.A. 65-4101, and amendments thereto;
30             (h) "conviction" means an unvacated adjudication of guilt or a deter-
31       mination that a person has violated or failed to comply with the law and
32       in a court of original jurisdiction or an administrative proceeding, an un-
33       vacated forfeiture of bail or collateral deposited to secure the person's
34       appearance in court, a plea of guilty or nolo contendere accepted by the
35       court, the payment of a fine or court cost, or violation of a condition of
36       release without bail, regardless of whether the penalty is rebated, sus-
37       pended or probated;
38             (i) "disqualification" means a prohibition against driving a commer-
39       cial motor vehicle, including the suspension, revocation or cancellation of
40       the privilege to drive a commercial motor vehicle;
41             (j) "drive" means to drive, operate or be in physical control of a motor
42       vehicle in any place open to the general public for purposes of vehicular
43       traffic. For purposes of K.S.A. 8-2,144 and 8-2,145 and K.S.A. 8-2,137,

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  1       8-2,138 and 8-2,142, and amendments thereto, "drive" includes operation
  2       or physical control of a motor vehicle anywhere in the state;
  3             (k) "driver" means any person who drives, operates or is in physical
  4       control of a commercial motor vehicle, in any place open to the general
  5       public for purposes of vehicular traffic, or who is required to hold a com-
  6       mercial driver's license;
  7             (l) "driver's license" means any driver's license or any other license
  8       or permit to operate a motor vehicle issued under, or granted by, the
  9       laws of this state, including:
10             (1) Any temporary license or instruction;
11             (2) the privilege of any person to drive a motor vehicle whether or
12       not such person holds a valid license; or
13             (3) any nonresident's operating privilege;
14             (m) "employer" means any person, including the United States, a
15       state or a political subdivision of a state, who owns or leases a commercial
16       motor vehicle or assigns a person to drive a commercial motor vehicle;
17             (n) "endorsement" means an authorization to an individual's com-
18       mercial driver's license required to permit the individual to operate cer-
19       tain types of commercial motor vehicles;
20             (o) "felony" means any offense under state or federal law that is pun-
21       ishable by death or imprisonment for a term exceeding one year;
22             (p) "gross vehicle weight rating" means the value specified by the
23       manufacturer as the maximum loaded weight of a single or a combination
24       (articulated) vehicle. The gross vehicle weight rating of a combination
25       (articulated) vehicle (commonly referred to as the "gross combination
26       weight rating") is the gross vehicle weight rating of the power unit plus
27       the gross vehicle weight rating of the towed unit or units;
28             (q) "hazardous materials" has the meaning as that found in section
29       103 of the hazardous materials transportation act, 49 U.S.C. 1801 et seq;
30             (r) "motor vehicle" means every vehicle which is self-propelled, and
31       every vehicle which is propelled by electric power obtained from over-
32       head trolly wires but not operated upon rails, except vehicles moved solely
33       by human power and motorized wheel chairs;
34             (s) "out-of-service order" means a temporary prohibition against driv-
35       ing a commercial motor vehicle, which is imposed when a driver has any
36       measured or detected alcohol concentration while on duty, or operating,
37       or in physical control of a commercial motor vehicle or a declaration by
38       an authorized enforcement officer of a federal, state, Canadian, Mexican
39       or local jurisdiction that a driver, a commercial motor vehicle or a motor
40       carrier operation, is out-of-service pursuant to 49 C.F.R. Part 386.72,
41       392.5, 395.13, 396.9 or such compatible laws, or the North American out-
42       of-service criteria;
43             (t) "residence" means the place which is adopted by a person as the

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  1       person's place of habitation and to which, whenever the person is absent,
  2       the person has the intention of returning. When a person eats at one
  3       place and sleeps at another, the place where the person sleeps shall be
  4       considered the person's residence;
  5             (u) "secretary" means the secretary of the Kansas department of
  6       revenue;
  7             (v) "serious traffic violation" means:
  8             (1) Excessive speeding, is defined as 15 miles per hour or more over
  9       the posted speed limit;
10             (2) reckless driving, as defined under K.S.A. 8-1566, and amend-
11       ments thereto;
12             (3) a violation of any state or local law relating to motor vehicle traffic
13       control, other than a parking violation, arising in connection with an ac-
14       cident or collision resulting in death to any person;
15             (4) changing lanes of traffic illegally or erratically, as defined under
16       K.S.A. 8-1548, and amendments thereto;
17             (5) following another vehicle too closely, as defined under K.S.A. 8-
18       1523, and amendments thereto; or
19             (6) aggressive driving, as defined by section 1, and amendments
20       thereto; or
21             (6) (7) any other violation of a state or local law relating to motor
22       vehicle traffic control, other than a parking violation, which the secretary
23       determines by rule and regulation to be serious;
24             (w) "state" means a state of the United States and the District of
25       Columbia;
26             (x) "state of domicile" means that state where a person has such per-
27       son's true, fixed and permanent home and principal residence and to
28       which such person has the intention of returning whenever such person
29       is absent;
30             (y) "tank vehicle" means any commercial motor vehicle that is de-
31       signed to transport any liquid or gaseous material within a tank that is
32       either permanently or temporarily attached to the vehicle or the chassis.
33       Such vehicles include, but are not limited to, cargo tanks, as defined in
34       49 C.F.R. 171 in effect on January 1, 1991. However, this definition does
35       not include portable tanks having a rated capacity under 1,000 gallons;
36             (z) "United States" means the 50 states and the District of Columbia;
37             (aa) "division" means the division of vehicles of the Kansas depart-
38       ment of revenue;
39             (bb) "director" means the director of the division of vehicles of the
40       Kansas department of revenue;
41             (cc) "foreign country" means any jurisdiction other than the United
42       States;
43             (dd) "nonresident commercial driver's license" means a license is-

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  1       sued pursuant to K.S.A. 1998 Supp. 8-2,148, and amendments thereto. 
  2       Sec.  3. K.S.A. 1998 Supp. 8-2,128 is hereby repealed.
  3        Sec.  4. This act shall take effect and be in force from and after its
  4       publication in the statute book.