Session of 2000
         
HOUSE BILL No. 2736
         
By Committee on Transportation
         
1-27
         
  9             AN  ACT regulating traffic; concerning weight limitations; providing for
10             the disposition of certain fines for size and weight violations; amending
11             K.S.A. 1999 Supp. 8-1901 and 8-1911 and repealing the existing
12             sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 8-1901 is hereby amended to read as
16       follows: 8-1901. (a) It shall be unlawful for any person to drive or move
17       or for the owner or lessee to cause or knowingly permit to be driven or
18       moved on any highway any vehicle or combination of vehicles of a size or
19       weight exceeding the limitations stated in article 19 of chapter 8 of Kansas
20       Statutes Annotated or otherwise in violation of this article, and the max-
21       imum size and weight of vehicles herein specified shall be lawful through-
22       out this state, and local authorities shall have no power or authority to
23       alter said limitations except as express authority may be granted in this
24       article.
25             (b) Any person violating any of the provisions of article 19 of chapter
26       8 of the Kansas Statutes Annotated, except for the provisions of K.S.A.
27       8-1908 and 8-1909, and amendments thereto, shall, upon conviction
28       thereof, be fined in an amount not to exceed $500.
29             (c) Any person violating any of the provisions of K.S.A. 8-1908 or 8-
30       1909, and amendments thereto, shall, upon a first conviction thereof, be
31       fined the applicable following amount from one, but not both of the
32       following schedules for moving a gross vehicle or combination of vehicles
33       weight in excess of the lawful maximum gross weight for such vehicle or
34       combination of vehicles or for any axle or tandem, triple or quad axles
35       thereof:
36      
GROSS WEIGHT OF VEHICLE
37      
OR COMBINATION
38       For each violation of any gross weight limitation of a vehicle or combi-
39       nation of vehicles, an amount equal to the amount determined by applying
40       the following schedule for each pound in excess of the lawful limit:
41             Pounds Overweight Rate of Fine
42       up to 1000$25.00
43       1001 to 20003¢ per pound


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1       2001 to 50005¢ per pound
2       5001 to 75007¢ per pound
3       7501 and over10¢ per pound
  4      
GROSS WEIGHT ON ANY AXLE
  5      
OR TANDEM, TRIPLE OR QUAD AXLES
  6       For each violation of any gross weight limitation on any axle or tandem,
  7       triple or quad axles, an amount equal to the amount determined by ap-
  8       plying the following schedule for each pound in excess of the lawful gross
  9       weight:
10             Pounds Overweight Rate of Fine
11       up to 1000$25.00
12       1001 to 20003¢ per pound
13       2001 to 50005¢ per pound
14       5001 to 75007¢ per pound
15       7501 and over10¢ per pound
16             For a second violation of this subsection (c), within two years after a
17       prior conviction of this subsection, such person, upon conviction shall be
18       fined 11/2 times the applicable amount from one, but not both, of the
19       above schedules. For a third violation of this subsection (c) within two
20       years, after two prior convictions of this subsection, such person, upon
21       conviction shall be fined two times the applicable above amount from
22       one, but not both, of the above schedules. For a fourth and each suc-
23       ceeding violation of this subsection (c) within two years after three prior
24       convictions of this subsection, such person, upon conviction shall be fined
25       21/2 times the applicable above amount from one, but not both, of the
26       above schedules.
27             (d) Except as otherwise specifically provided in this act, the provisions
28       of article 19 of chapter 8 of Kansas Statutes Annotated governing size,
29       weight and load shall not apply to fire apparatus, road machinery, farm
30       tractors or to implements of husbandry temporarily moved upon a high-
31       way, or to a vehicle operated under the terms of a currently valid special
32       permit issued in accordance with K.S.A. 8-1911, and amendments
33       thereto.
34             (e) Except on highways designated as part of the national system of
35       interstate defense highways, the gross weight limitation prescribed by
36       article 19 of chapter 8 of Kansas Statutes Annotated on any axle or tan-
37       dem, triple or quad axles shall not apply to: (1) Trucks specifically de-
38       signed and equipped and used exclusively for garbage, refuse or solid
39       waste disposal operations when loaded with garbage, refuse or waste; or
40       (2) trucks mounted with a fertilizer spreader used or manufactured prin-
41       cipally to spread animal dung, except that this paragraph (2) shall not
42       apply to truck tractors so equipped. Except that such trucks under this
43       subsection shall not exceed the maximum gross weight limitations con-


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  1       tained in the table in K.S.A. 8-1909, and amendments thereto.
  2             (f) Fifty-percent of all fines, penalties and forfeitures collected for any
  3       citations issued by a weight officer for any size or weight violation which
  4       occurred on any highway under the jurisdiction of a county which em-
  5       ploys such weight officer to enforce the provisions of article 19 of chapter
  6       8 of the Kansas Statutes Annotated and resolutions adopted by the county
  7       or township therein, pursuant to K.S.A. 8-1912, and amendments thereto,
  8       imposing limitations on the size and weight of vehicles, or which violations
  9       occurred on a highway under the jurisdiction of a township in any such
10       county, at least monthly, shall be paid over to the county treasurer of the
11       county in which such violations occurred. Moneys remitted to the county
12       treasurer under this subsection shall be deposited and credited to the
13       county general fund. The remaining 50% of such fines, penalties and for-
14       feitures shall be remitted to the state treasurer, as provided in K.S.A. 20-
15       2801, and amendments thereto.
16             (f) (g) As used in this section,:
17             (1) "Conviction" means a final conviction without regard to whether
18       sentence was suspended or probation granted after such conviction, and
19       a forfeiture of bail, bond or collateral deposited to secure a defendant's
20       appearance in court, which forfeiture has not been vacated, is equivalent
21       to a conviction;
22             (2) "weight officer" means a law enforcement officer who designates
23       50% of the officer's time to the enforcement of vehicular size and weight
24       limitations in a county and is provided with a designated vehicle properly
25       equipped with measuring devices for weighing vehicles.
26             Sec.  2. K.S.A. 1999 Supp. 8-1911 is hereby amended to read as fol-
27       lows: 8-1911. (a) The secretary of transportation with respect to highways
28       under the secretary's jurisdiction and local authorities with respect to
29       highways under their jurisdiction, in their discretion, upon application,
30       may issue a special permit, which term shall include an authorization
31       number, to the owner or operator of an oversize or overweight vehicle.
32       The special permit shall authorize the special permit holder to operate
33       or move a vehicle or combination of vehicles which exceed the limitations
34       of this act, on a route, or routes, designated in the special permit and in
35       accordance with the terms and conditions of the special permit.
36             (b) The application for the permit shall describe the vehicle, or com-
37       bination of vehicles and all loads or cargo for which the special permit is
38       requested, the route or routes on which operation is sought and whether
39       a single trip or annual operation is requested. One special permit may be
40       issued for a vehicle or combination of vehicles, that are both oversize and
41       overweight. A special permit under this section may be for a single trip
42       or for annual operation. The special permit shall designate the route or
43       routes that may be used and any other terms, conditions or restrictions


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  1       deemed necessary. The secretary of transportation shall charge a fee for
  2       each permit or authorization number issued as provided for in subsection
  3       (f). No permit shall be required to authorize the moving or operating
  4       upon any highway of farm tractors, combines, fertilizer dispensing equip-
  5       ment or other farm machinery, or machinery being transported to be used
  6       for terracing or soil or water conservation work upon farms, or vehicles
  7       owned by counties, cities and other political subdivisions of the state,
  8       except that this sentence shall not: (1) Exempt trucks owned by counties,
  9       cities and other political subdivisions specifically designed and equipped
10       and used exclusively for garbage, refuse or solid waste disposal operations
11       from the maximum gross weight limitations contained in the table in
12       K.S.A. 8-1909, and amendments thereto; or (2) authorize travel on inter-
13       state highways.
14             (c) A permit shall be valid only when the registration on the power
15       unit is equal to or exceeds the total gross weight of the vehicle. When the
16       gross weight of the vehicle exceeds the upper limit of the available reg-
17       istration, the maximum amount of registration must be purchased.
18             (d) The secretary or local authority may issue or withhold the permit
19       at the secretary's or local authority's discretion or may limit the number
20       of trips, or establish seasonal or other time limitations within which the
21       vehicles described may be operated on the highways, or may otherwise
22       limit or prescribe conditions of operations of such vehicle or combination
23       of vehicles, when necessary to assure against undue damage to the road.
24       The secretary or local authority may require such undertaking or other
25       security as may be deemed necessary to compensate for any injury to any
26       roadway or road structure.
27             (e) Every permit shall be carried in the vehicle or combination of
28       vehicles to which it refers and shall be open to inspection by any police
29       officer or authorized agent of any authority granting the permit. It shall
30       be unlawful for any person to violate any of the terms or conditions of
31       special permit.
32             (f) The secretary of transportation shall charge and collect fees as
33       follows:
34             (1) Five dollars for each single-trip permit;
35             (2) twenty-five dollars for a five-year permit for vehicles authorized
36       to move bales of hay under subsection (j) on noninterstate highways;
37             (3) one hundred and twenty-five dollars for each annual permit; or
38             (4) two thousand dollars per year for each qualified carrier company
39       for special vehicle combination permits authorized under K.S.A. 8-1915,
40       and amendments thereto, plus $50 per year for each power unit operating
41       under such annual permit.
42             No fees shall be charged for permits issued for vehicles owned by
43       counties, cities and other political subdivisions of the state. All permit


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  1       fees received under this section shall be remitted to the state treasurer
  2       who shall deposit the same in the state treasury and shall be credited to
  3       the state highway fund. The secretary may adopt rules and regulations
  4       for payment and collection of all fees. The secretary may adopt rules and
  5       regulations implementing the provisions of this section to prescribe stan-
  6       dards for any permit program to enhance highway safety.
  7             (g) If any local authority does not desire to exercise the powers con-
  8       ferred on it by this section to issue or deny permits then such a permit
  9       from the local authority shall not be required to operate any such vehicle
10       or combination of vehicles on highways under the jurisdiction of such
11       local authority, but in no event shall the jurisdiction of the local authority
12       be construed as extending to any portion of any state highway, any city
13       street designated by the secretary as a connecting link in the state highway
14       system or any highway within the national system of interstate and de-
15       fense highways, which highways and streets, for the purpose of this sec-
16       tion, shall be under the jurisdiction of the secretary.
17             (h) A house trailer, manufactured home or mobile home which ex-
18       ceeds the width as provided in subsection (a) of K.S.A. 8-1902, and
19       amendments thereto, may be moved on the highways of this state by
20       obtaining a permit as provided in this section, if:
21             (1) The width of such house trailer, manufactured home or mobile
22       home does not exceed 16 1/2 feet;
23             (2) the driver of the vehicle pulling the house trailer, manufactured
24       home or mobile home has a valid driver's license; and
25             (3) the driver carries evidence that the housetrailer, manufactured
26       home or mobile home, and the vehicle pulling it, are covered by motor
27       vehicle liability insurance with limits of not less than $100,000 for injury
28       to any one person, and $300,000 for injury to persons in any one accident,
29       and $25,000 for injury to property.
30             For the purposes of this subsection, the terms "manufactured home"
31       and "mobile home" shall have the meanings ascribed to them by K.S.A.
32       58-4202, and amendments thereto.
33             (i) Upon proper application stating the description and registration
34       of each power unit, the secretary of transportation shall issue permits for
35       a period, from May 1 to November 15, for custom combine operators to
36       tow custom-combine equipment on a trailer within legal dimensions or a
37       trailer especially designed for the transportation of combines or combine
38       equipment at the rate of $10 per power unit. Each application shall be
39       accompanied by information as required by the secretary. The permit
40       shall allow custom combine operators to haul two combine headers on
41       designated interstate highways provided:
42             (1) The vehicle plus the load do not exceed 14 feet in width;
43             (2) the move is completed during the period beginning 30 minutes


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  1       before sunrise and ending 30 minutes after sunset; and
  2             (3) the vehicle plus the load are not overweight.
  3             (j) Except as provided in paragraph (2) of subsection (d) of K.S.A. 8-
  4       1902, and amendments thereto, a vehicle loaded with bales of hay which
  5       exceeds the width as provided in subsection (a) of K.S.A. 8-1902, and
  6       amendments thereto, may be moved on any highway designated as a part
  7       of the national network of highways by obtaining a permit as provided by
  8       this section, if:
  9             (A) The vehicle plus the bales of hay do not exceed 12 feet in width;
10             (B) the vehicle plus the bales of hay do not exceed the height au-
11       thorized under K.S.A. 8-1904, and amendments thereto;
12             (C) the move is completed during the period beginning 30 minutes
13       before sunrise and ending 30 minutes after sunset;
14             (D) the vehicle plus the load are not overweight; and
15             (E) the vehicle plus the load comply with the signing and marking
16       requirements of paragraph (3) of subsection (d) of K.S.A. 8-1902, and
17       amendments thereto.
18             (k) If it is determined by the secretary of transportation that a person
19       has been granted a permit and has not complied with the applicable pro-
20       visions of this section and the rules and regulations of the secretary of
21       transportation relating thereto, the secretary may cancel the permit and
22       may refuse to grant future permits to the individual. 
23       Sec.  3. K.S.A. 1999 Supp. 8-1901 and 8-1911 are hereby repealed.
24        Sec.  4. This act shall take effect and be in force from and after its
25       publication in the statute book.