Session of 2000
HOUSE BILL No. 2717
By Representative Krehbiel (By Request)
1-25
9 AN ACT
relating to motor vehicles; concerning drivers' licenses;
reckless
10 driving; amending
K.S.A. 8-1566 and K.S.A. 1999 Supp. 8-237, 8-296
11 and 8-297 and
repealing the existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 New Section
1. (a) Any person at least 16 years of age, but less than
15 18 years of age issued a drivers' license
under the provisions of article 2
16 of the Kansas Statutes Annotated, shall not
operate any motor vehicle
17 with nonsibling minor passengers and any
conviction for violating this
18 provision shall be construed as a moving
traffic violation for purposes of
19 K.S.A. 8-255, and amendments thereto.
20 (b) Any person
convicted of violating the provisions of subsection (a),
21 shall be guilty of a class C nonperson
misdemeanor.
22 Sec.
2. K.S.A. 1999 Supp. 8-237 is hereby amended to read as
fol-
23 lows: 8-237. The division of vehicles shall
not issue any driver's license to
24 any person:
25 (a) Who is under
the age of 16 years, except that the division may
26 issue a restricted class C or M license, as
provided in this act, to any
27 person who: (1) Is at least 15 years of
age; (2) has successfully completed
28 an approved course in driver training; (3)
has held an instructional permit
29 issued under the provisions of K.S.A.
8-239, and amendments thereto,
30 for a period of at least six months and has
completed at least 25 50 hours
31 of adult supervised driving; and (4) upon
the written application of the
32 person's parent or guardian. The required
adult supervised driving re-
33 quired in clause (3) above shall be
conducted by an adult who is at least
34 21 years of age and is the holder of a
valid commercial driver's license,
35 class A, B or C driver's license. Except as
hereafter provided, the appli-
36 cation of the parent or guardian shall be
submitted to the division. The
37 governing body of any city, by ordinance,
may require the application of
38 any person who is under 16 years of age and
who resides within the city
39 to be first submitted to the chief law
enforcement officer of the city. The
40 board of county commissioners of any
county, by resolution, may require
41 the application of any person who is under
16 years of age and who resides
42 within the county and outside the corporate
limits of any city to be first
43 submitted to the chief law enforcement
officer of the county. No ordi-
2
1 nance or resolution authorized by
this subsection shall become effective
2 until a copy of it is transmitted to
the division of vehicles. The chief law
3 enforcement officer of any city or
county which has adopted the ordi-
4 nance or resolution authorized by
this subsection shall make a recom-
5 mendation on the application as to
the necessity for the issuance of the
6 restricted license, and the
recommendation shall be transmitted, with the
7 application, to the division of
vehicles. If the division finds that it is nec-
8 essary to issue the restricted
license, it shall issue a driver's license to the
9 person.
10 A restricted class C
license issued under this subsection shall entitle
11 the licensee, while possessing the license,
to operate any motor vehicle
12 in class C, as designated in K.S.A. 8-234b,
and amendments thereto. A
13 restricted class M license shall entitle
the licensee, while possessing such
14 license, to operate a motorcycle. The
restricted license shall entitle the
15 licensee to operate the appropriate vehicle
at any time:
16 (1) While going
to or from or in connection with any job, employment
17 or farm-related work;
18 (2) on days while
school is in session, over the most direct and ac-
19 cessible route between the licensee's
residence and school of enrollment
20 for the purposes of school attendance;
21 (3) when the
licensee is operating a passenger car, at any time when
22 accompanied by an adult who is the holder
of a valid commercial driver's
23 license, class A, B or C driver's license
and who is actually occupying a
24 seat beside the driver; or
25 (4) when the
licensee is operating a motorcycle, at any time when
26 accompanied by an adult who is the holder
of a valid class M driver's
27 license and who is operating a motorcycle
in the general proximity of the
28 licensee.
29 Any licensee issued a
restricted license under this subsection shall not
30 operate any motor vehicle with nonsibling
minor passengers and any con-
31 viction for violating this provision shall
be construed as a moving traffic
32 violation for the purpose of K.S.A. 8-255,
and amendments thereto.
33 A restricted driver's
license issued under this subsection is subject to
34 suspension or revocation in the same manner
as any other driver's license.
35 In addition, the division may suspend the
restricted driver's license upon
36 receiving satisfactory evidence that: (1)
The licensee has violated the re-
37 striction of the license, (2) the licensee
has been involved in two or more
38 accidents chargeable to the licensee or (3)
the recommendation of the
39 chief law enforcement officer of any city
or county requiring the rec-
40 ommendation has been withdrawn. The
suspended license shall not be
41 reinstated for one year or until the
licensee reaches the age of 16, which-
42 ever period is longer.
43 Any licensee issued a
restricted license under this subsection who: (1)
3
1 Is under the age of 16 years and is
convicted of two or more moving
2 traffic violations committed on
separate occasions shall not be eligible to
3 receive a driver's license which is
not restricted in accordance with the
4 provisions of this subsection until
the person reaches 17 years of age; or
5 (2) fails to provide the required
affidavit stating that the licensee has
6 completed at least 50 hours of adult
supervised driving with 10 of those
7 hours being at night shall not be
eligible to receive a driver's license which
8 is not restricted in accordance with
the provisions of this subsection until
9 the person provides such affidavit to
the division or the person reaches
10 17 years of age, whichever occurs
first.
11 Any licensee issued a
restricted license under this subsection on and
12 after July 1, 1999
2000, shall provide prior to reaching 16 years of age, a
13 signed affidavit of either a parent or
guardian, stating that the applicant
14 has completed the required
25 50 hours prior to being issued a
restricted
15 license and 25 50
hours of additional adult supervised driving. Of the
50
16 100 hours required by this
subsection, at least 10 20 of those hours
shall
17 be at night. The adult supervised driving
shall be conducted by an adult
18 who is at least 21 years of age and is the
holder of a valid commercial
19 driver's license, class A, B or C driver's
license.
20 Evidence of failure of
any licensee who was required to complete the
21 50 100 hours of
adult supervised driving under this subsection shall not
22 be admissible in any action for the purpose
of determining any aspect of
23 comparative negligence or mitigation of
damages.
24 (b) Who is under
the age of 18 years, except as provided in K.S.A.
25 1999 Supp. 8-2,147, and amendments thereto,
for the purpose of driving
26 a commercial or class A or B motor
vehicle.
27 (c) Whose license
is currently revoked, suspended or canceled in this
28 or any other state, except as provided in
K.S.A. 8-256, and amendments
29 thereto.
30 (d) Who is a
habitual drunkard, habitual user of narcotic drugs or
31 habitual user of any other drug to a degree
which renders the user in-
32 capable of safely driving a motor
vehicle.
33 (e) Who has
previously been adjudged to be afflicted with or suffering
34 from any mental disability or disease and
who, at the time of making
35 application for a driver's license, has not
been restored to capacity in the
36 manner provided by law. Application of this
limitation to any person
37 known to have suffered any seizure disorder
is subject to the provisions
38 of paragraph (7) of subsection (e) of
K.S.A. 8-247, and amendments
39 thereto.
40 (f) Who is
required by the motor vehicle drivers' license act to take
41 an examination, unless the person has
successfully passed the
42 examination.
43 (g) Who is at
least 16 years of age and less than 17 years of age, who
4
1 is applying for a driver's license
for the first time since reaching 16 years
2 of age and who, three times or more,
has been adjudged to be a traffic
3 offender under the Kansas juvenile
code or a juvenile offender under the
4 Kansas juvenile justice code, by
reason of violation of one or more statutes
5 regulating the movement of traffic on
the roads, streets or highways of
6 this state, except that, in the
discretion of the director, the person may
7 be issued a driver's license which is
restricted in the manner the division
8 deems to be appropriate. No person
described by this subsection shall be
9 eligible to receive a driver's
license which is not restricted until the person
10 has reached the age of 17 years.
11 Sec.
3. K.S.A. 1999 Supp. 8-296 is hereby amended to read as
fol-
12 lows: 8-296. (a) Any person who is less
than 16 years of age but is at least
13 14 years of age and who resides upon a farm
in this state or is employed
14 for compensation upon a farm in this state
may apply to the division of
15 vehicles for a farm permit authorizing such
person, while possessing the
16 permit, to operate any motor vehicle in
class C, as designated in K.S.A.
17 8-234b, and amendments thereto. The farm
permit shall entitle the li-
18 censee to operate such motor vehicles at
any time:
19 (1) While going
to or from or in connection with any farm job, em-
20 ployment or other farm-related work;
21 (2) on days while
school is in session, over the most direct and ac-
22 cessible route between the licensee's
residence and school of enrollment
23 for the purpose of school attendance;
or
24 (3) when the
licensee is operating a passenger car at any time when
25 accompanied by an adult who is the holder
of a valid commercial driver's
26 license, class A, B or C driver's license
and who is actually occupying a
27 seat beside the driver.
28 (b) A farm permit
shall be issued only if:
29 (1) The applicant
can prove that such applicant resides or works on
30 a farm;
31 (2) the applicant
has successfully completed the examination require-
32 ments in K.S.A. 8-235d, and amendments
thereto; and
33 (3) the applicant
submits the signed affidavit of either a parent or
34 guardian, stating that the applicant lives
on a farm or, if the applicant
35 does not live on a farm but works on a
farm, the applicant submits the
36 signed affidavit of the applicant's
employer and parent or guardian, at-
37 testing to such employment.
38 (c) Any licensee
issued a farm permit under this section shall not
39 operate any motor vehicle with nonsibling
minor passengers and any con-
40 viction for violating this provision shall
be construed as a moving traffic
41 violation for the purpose of K.S.A. 8-255,
and amendments thereto.
42 (d) As used in
this section, "farm" means any parcel of land larger
43 than 20 acres which is used in agricultural
operations.
5
1 (e) A farm
permit issued under this section is subject to suspension
2 or revocation in the same manner as
any other driver's license. A person
3 who has been issued a farm permit and
who violates this section by driving
4 beyond the scope allowed in
subsection (a) shall lose the farm permit and
5 shall be issued no other driver's
license for a period of one year or until
6 the person reaches 16 years of age,
whichever period is longer.
7 (f) Any
licensee issued a farm permit under this section on and after
8 July 1, 1999
2000, shall provide prior to reaching 16 years of age, a
signed
9 affidavit of either a parent or
guardian, stating that the applicant has
10 completed at least 50
100 hours of adult supervised driving with at least
11 10 20 of those
hours being at night. The adult supervised driving required
12 by this paragraph shall be conducted by an
adult who is at least 21 years
13 of age and is the holder of a valid
commercial driver's license, class A, B
14 or C driver's license.
15 Evidence of failure of
any licensee who was required to complete the
16 50 100 hours of
adult supervised driving under this subsection shall not
17 be admissible in any action for the purpose
of determining any aspect of
18 comparative negligence or mitigation of
damages.
19 (g) Any licensee
issued a farm permit under this section who: (1) Is
20 under the age of 16 years and is convicted
of two or more moving traffic
21 violations committed on separate occasions
shall not be eligible to receive
22 a driver's license which is not restricted
in accordance with the provisions
23 of subsection (a), until the person reaches
17 years of age; or (2) fails to
24 provide the affidavit required under
subsection (f), shall not be eligible
25 to receive a driver's license which is not
restricted in accordance with the
26 provisions of subsection (a), until the
person provides such affidavit to
27 the division or the person reaches 17 years
of age, whichever occurs first.
28 Sec.
4. K.S.A. 1999 Supp. 8-297 is hereby amended to read as
fol-
29 lows: 8-297. Notwithstanding any other
provisions of this act, any person
30 who held any valid restricted class C or
class M driver's license, instruction
31 permit or restricted instruction permit
or farm permit on the effective
32 date of this act may continue to operate
motor vehicles subject to the
33 conditions, limitations and restrictions
contained in K.S.A. 8-237 and 8-
34 239, and amendments thereto, and K.S.A.
1999 Supp. 8-296, and amend-
35 ments thereto, as in effect on June
30, 1993 2000.
36 Sec.
5. K.S.A. 8-1566 is hereby amended to read as follows:
8-1566.
37 (a) Any person who drives any vehicle in
willful or wanton disregard for
38 the safety of persons or property is guilty
of reckless driving as provided
39 by subsection (b)(1), (2) or
(3).
40
(b) Except as provided in K.S.A. 8-2,142, violation of
this section is
41 a misdemeanor. Upon a first
conviction of a violation of this section, a
42 person shall be sentenced to not
less than five days nor more than 90
43 days imprisonment or fined not less
than $25 nor more than $500, or
6
1 both such fine and
imprisonment. On a second or subsequent conviction
2 of a violation of this
section, a person shall be sentenced to not less than
3 10 days nor more than six
months imprisonment, or fined not less than
4 $50 nor more than $500 or
both such fine and imprisonment.
5
(1) Every person convicted of violating subsection (a),
upon a first
6 conviction, shall be guilty of a
class B nonperson misdemeanor.
7
(2) Every person convicted of violating subsection (a), upon a
second
8 conviction of such subsection,
shall be guilty of a class A nonperson
9 misdemeanor.
10 (3) Every
person convicted of violating subsection (a), upon a third
11 or subsequent conviction of such
subsection, shall be guilty of a severity
12 level 9, person felony.
13 (c) For the
purpose of this section "conviction" means a final convic-
14 tion without regard whether sentence was
suspended or probation
15 granted after such conviction.
Forfeiture of bail, bond or collateral de-
16 posited to secure a defendant's
appearance in court, which forfeiture has
17 not been vacated, shall be equivalent to
a conviction.
18 Sec. 6. K.S.A. 8-1566 and K.S.A.
1999 Supp. 8-237, 8-296 and 8-297
19 are hereby repealed.
20 Sec. 7. This act shall
take effect and be in force from and after its
21 publication in the statute book.