[As Amended by Senate Committee of the
Whole]
As Amended by Senate Committee
As Amended by House Committee
Session of 2000
HOUSE BILL No. 2884
By Committee on Transportation
2-8
12 AN ACT
regulating vehicles; concerning motorized bicycles;
defining
13 electric-assisted
bicycles; concerning drivers' licenses; amending
14 K.S.A.
8-1439a 8-1439, 8-1439a and 8-1592b and
K.S.A. 1999 Supp.
15 8-126, 8-235,
8-293 8-327 8-237, 8-293,
8-296 and 8-1486 and re-
16 pealing the existing
sections; also repealing K.S.A. 8-1439b.
17
18 Be it enacted by the Legislature of the
State of Kansas:
19 New Section
1. ``Electric-assisted bicycle'' means a bicycle with two
20 or three wheels, a saddle, fully operative
pedals for human propulsion,
21 and an electric motor. The
electric-assisted bicycle's electric motor must
22 have a power output of no more than 1,000
watts, be incapable of pro-
23 pelling the device at a speed of more than
20 miles per hour on level
24 ground and incapable of further increasing
the speed of the device when
25 human power alone is used to propel the
device beyond 20 miles per
26 hour.
27 Sec.
2. K.S.A. 1999 Supp. 8-126 is hereby amended to read as
fol-
28 lows: 8-126. The following words and
phrases when used in this act shall
29 have the meanings respectively ascribed to
them herein:
30 (a) ``Vehicle''
means every device in, upon or by which any person or
31 property is or may be transported or drawn
upon a public highway, ex-
32 cepting devices moved by human power or
used exclusively upon station-
33 ary rails or tracks.
34 (b) ``Motor
vehicle'' means every vehicle, other than a motorized bi-
35 cycle or a motorized wheelchair, which is
self-propelled.
36 (c) ``Truck''
means a motor vehicle which is used for the transporta-
37 tion or delivery of freight and merchandise
or more than 10 passengers.
38
(d) ``Motorcycle'' means every motor vehicle designed to
travel on
39 not more than three wheels in contact with
the ground, except any such
40 vehicle as may be included within the term
``tractor'' as herein defined.
41 (e) ``Truck
tractor'' means every motor vehicle designed and used
2
1 primarily for drawing other vehicles,
and not so constructed as to carry a
2 load other than a part of the weight
of the vehicle or load so drawn.
3 (f) ``Farm
tractor'' means every motor vehicle designed and used as
4 a farm implement power unit operated
with or without other attached
5 farm implements in any manner
consistent with the structural design of
6 such power unit.
7 (g) ``Road
tractor'' means every motor vehicle designed and used for
8 drawing other vehicles, and not so
constructed as to carry any load
9 thereon independently, or any part of
the weight of a vehicle or load so
10 drawn.
11 (h) ``Trailer''
means every vehicle without motive power designed to
12 carry property or passengers wholly on its
own structure and to be drawn
13 by a motor vehicle.
14
(i) ``Semitrailer'' means every vehicle of the trailer type so
designed
15 and used in conjunction with a motor
vehicle that some part of its own
16 weight and that of its own load rests upon
or is carried by another vehicle.
17 (j) ``Pole
trailer'' means any two-wheel vehicle used as a trailer with
18 bolsters that support the load, and do not
have a rack or body extending
19 to the tractor drawing the load.
20 (k) ``Specially
constructed vehicle'' means any vehicle which shall not
21 have been originally constructed under a
distinctive name, make, model
22 or type, or which, if originally otherwise
constructed shall have been ma-
23 terially altered by the removal of
essential parts, or by the addition or
24 substitution of essential parts, new or
used, derived from other vehicles
25 or makes of vehicles.
26 (l) ``Foreign
vehicle'' means every motor vehicle, trailer or semitrailer
27 which shall be brought into this state
otherwise than in ordinary course
28 of business by or through a manufacturer or
dealer and which has not
29 been registered in this state.
30 (m) ``Person''
means every natural person, firm, partnership, associ-
31 ation or corporation.
32 (n) ``Owner''
means a person who holds the legal title of a vehicle, or
33 in the event a vehicle is the subject of an
agreement for the conditional
34 sale thereof with the right of purchase
upon performance of the condi-
35 tions stated in the agreement and with an
immediate right of possession
36 vested in the conditional vendee or in the
event a vehicle is subject to a
37 lease of 30 days or more with an immediate
right of possession vested in
38 the lessee; or in the event a party having
a security interest in a vehicle
39 is entitled to possession, then such
conditional vendee or lessee or secured
40 party shall be deemed the owner for the
purpose of this act.
41
(o) ``Nonresident'' means every person who is not a resident
of this
42 state.
43
(p) ``Manufacturer'' means every person engaged in the
business of
3
1 manufacturing motor vehicles,
trailers or semitrailers.
2 (q) ``New
vehicle dealer'' means every person actively engaged in the
3 business of buying, selling or
exchanging new motor vehicles, travel trail-
4 ers, trailers or vehicles and who
holds a dealer's contract therefor from a
5 manufacturer or distributor and who
has an established place of business
6 in this state.
7 (r) ``Used
vehicle dealer'' means every person actively engaged in the
8 business of buying, selling or
exchanging used vehicles, and having an
9 established place of business in this
state and who does not hold a dealer's
10 contract for the sale of new motor
vehicles, travel trailers, trailers or
11 vehicles.
12 (s) ``Highway''
means every way or place of whatever nature open to
13 the use of the public as a matter of right
for the purpose of vehicular
14 travel. The term ``highway'' shall not be
deemed to include a roadway or
15 driveway upon grounds owned by private
owners, colleges, universities
16 or other institutions.
17
(t) ``Department'' or ``motor vehicle department'' or
``vehicle depart-
18 ment'' means the division of vehicles of
the department of revenue, acting
19 directly or through its duly authorized
officers and agents.
20
(u) ``Commission'' or ``state highway commission'' means the
director
21 of vehicles of the department of
revenue.
22 (v) ``Division''
means the division of vehicles of the department of
23 revenue.
24 (w) ``Travel
trailer'' means every vehicle without motive power de-
25 signed to be towed by a motor vehicle
constructed primarily for recrea-
26 tional purposes and measuring eight feet or
less in width.
27 (x) ``Passenger
vehicle'' means every motor vehicle, as herein defined,
28 which is designed primarily to carry 10 or
fewer passengers, and which
29 is not used as a truck.
30
(y) ``Self-propelled farm implement'' means every farm
implement
31 designed for specific use applications with
its motive power unit perma-
32 nently incorporated in its structural
design.
33 (z) ``Farm
trailer'' means every trailer as defined in subsection (h) of
34 this section and every semitrailer as
defined in subsection (i) of this sec-
35 tion, designed and used primarily as a farm
vehicle.
36 (aa) ``Motorized
bicycle'' means:
37
(1) Every every device
having two tandem wheels or three wheels,
38 which may be propelled by either human
power or helper motor, or by
39 both, and which has:
40
(A) (1) A motor which produces
not more than 3.5 brake horsepower;
41
(B) (2) a cylinder capacity of
not more than 50 130 cubic centimeters;
42
(C) (3) an automatic
transmission; and
43
(D) (4) the capability of a
maximum design speed of no more than
4
1 30 miles per hour;
or
2
(2) an electric-assisted bicycle.
3
(bb) ``All-terrain vehicle'' means any motorized nonhighway
vehicle
4 45 inches or less in width, having a
dry weight of 650 pounds or less,
5 traveling on three or more
low-pressure tires, having a seat designed to
6 be straddled by the operator. As used
in this subsection, low-pressure tire
7 means any pneumatic tire six inches
or more in width, designed for use
8 on wheels with rim diameter of 12
inches or less, and utilizing an oper-
9 ating pressure of 10 pounds per
square inch or less as recommended by
10 the vehicle manufacturer.
11 (cc) ``Implement
of husbandry'' means every vehicle designed or
12 adapted and used exclusively for
agricultural operations, including feed-
13 lots, and only incidentally moved or
operated upon the highways. Such
14 term shall include, but not be limited
to:
15 (1) A farm
tractor;
16 (2) a
self-propelled farm implement;
17 (3) a fertilizer
spreader, nurse tank or truck permanently mounted
18 with a spreader used exclusively for
dispensing or spreading water, dust
19 or liquid fertilizers or agricultural
chemicals, as defined in K.S.A. 2-2202,
20 and amendments thereto, regardless of
ownership;
21 (4) a truck
mounted with a fertilizer spreader used or manufactured
22 principally to spread animal dung;
23 (5) a mixer-feed
truck owned and used by a feedlot, as defined in
24 K.S.A. 47-1501, and amendments thereto, and
specially designed and
25 used exclusively for dispensing food to
livestock in such feedlot.
26 (dd) ``Motorized
wheelchair'' means any self-propelled vehicle de-
27 signed specifically for use by a physically
disabled person that is incapable
28 of a speed in excess of 15 miles per
hour.
29 (ee) ``Oil well
servicing, oil well clean-out or oil well drilling machin-
30 ery or equipment'' means a vehicle
constructed as a machine used exclu-
31 sively for servicing, cleaning-out or
drilling an oil well and consisting in
32 general of a mast, an engine for power, a
draw works and a chassis per-
33 manently constructed or assembled for one
or more of those purposes.
34 The passenger capacity of the cab of a
vehicle shall not be considered in
35 determining whether such vehicle is an oil
well servicing, oil well clean-
36 out or oil well drilling machinery or
equipment.
37
(ff) ``Electric-assisted bicycle'' means a bicycle
with two or three
38 wheels, a saddle, fully
operative pedals for human propulsion, and an
39 electric motor. The
electric-assisted bicycle's electric motor must have
a
40 power output of no more than
1,000 watts, be incapable of propelling the
41 device at a speed of more than
20 miles per hour on level ground and
42 incapable of further increasing
the speed of the device when human power
43 alone is used to propel the
device beyond 20 miles per hour.
5
1 ``Sec.
3. K.S.A. 1999 Supp. 8-235 is hereby amended to read
2 as follows: 8-235. (a) No person,
except those expressly exempted,
3 shall drive any motor vehicle upon
a highway in this state unless
4 such person has a valid driver's
license. No person shall receive a
5 driver's license unless and until
such person surrenders or with
6 the approval of the division,
lists to the division all valid licenses
7 in such person's possession issued
to such person by any other
8 jurisdiction. All surrendered
licenses or the information listed on
9 foreign licenses shall be returned
by the division to the issuing
10 department, together with information
that the licensee is now
11 licensed in a new jurisdiction. No
person shall be permitted to have
12 more than one valid license at any
time.
13 (b) Any person
licensed under the motor vehicle drivers' li-
14 cense act may exercise the privilege
granted upon all streets and
15 highways in this state and shall not be
required to obtain any other
16 license to exercise such privilege by
any local authority. Nothing
17 herein shall prevent cities from
requiring licenses of persons who
18 drive taxicabs or municipally franchised
transit systems for hire
19 upon city streets, to protect the public
from drivers whose char-
20 acter or habits make them unfit to
transport the public. If a license
21 is denied, the applicant may appeal such
decision to the district
22 court of the county in which such city
is located by filing within 10
23 days after such denial, a notice of
appeal with the clerk of the
24 district court and by filing a copy of
such notice with the city clerk
25 of the involved city. The city clerk
shall certify a copy of such de-
26 cision of the city governing body to the
clerk of the district court
27 and the matter shall be docketed as any
other cause and the ap-
28 plicant shall be granted a trial of such
person's character and hab-
29 its. The matter shall be heard by the
court de novo in accordance
30 with the code of civil procedure. The
cost of such appeal shall be
31 assessed in such manner as the court may
direct.
32 (c) Any person
operating in this state a motor vehicle, except
33 a motorcycle, which is registered in
this state other than under a
34 temporary thirty-day permit shall be the
holder of a driver's li-
35 cense which is classified for the
operation of such motor vehicle,
36 and any person operating in this state a
motorcycle which is reg-
37 istered in this state shall be the
holder of a class M driver's license,
38 except that any person operating in this
state a motorcycle which
39 is registered under a temporary
thirty-day permit shall be the
40 holder of a driver's license for any
class of motor vehicles.
41 (d) No person
shall drive any motorized bicycle upon a high-
42 way of this state unless: (1) Such
person has a valid driver's license
43 which entitles the licensee to drive a
motor vehicle in any class or
6
1 classes; or
(2) such person is at least 15 years of age and has
passed
2 the written and visual
examinations required for obtaining a class
3 C driver's license, in which case
the division shall issue to such
4 person a class C license which
clearly indicates such license is valid
5 only for the operation of
motorized bicycles; or (3) such person has
6 had their driving privileges
suspended and has made application to the
7 division for the issuance of a
class C license for the operation of motorized
8 bicycles, in accordance with
paragraph (2), in which case the division
9 shall issue to such person a class
C license which clearly indicates such
10 license is valid only for the operation
of motorized bicycles.
11 (e) Violation
of this section shall constitute a class B
12 misdemeanor.
13 Sec.
4. K.S.A. 1999 Supp. 8-237 is hereby amended to read
as
14 follows: 8-237. The division of
vehicles shall not issue any driver's
15 license to any person:
16 (a) Who is
under the age of 16 years, except that the division
17 may issue a restricted class C or M
license, as provided in this act,
18 to any person who: (1) Is at least 15
years of age; (2) has successfully
19 completed an approved course in
driver training; (3) has held an
20 instructional permit issued under the
provisions of K.S.A. 8-239,
21 and amendments thereto, for a period
of at least six months and has
22 completed at least 25 hours of adult
supervised driving; and (4)
23 upon the written application of the
person's parent or guardian. The
24 required adult supervised driving
required in clause (3) above shall
25 be conducted by an adult who is at
least 21 years of age and is the
26 holder of a valid commercial driver's
license, class A, B or C driver's
27 license. Except as hereafter
provided, the application of the parent
28 or guardian shall be submitted to the
division. The governing body
29 of any city, by ordinance, may
require the application of any person
30 who is under 16 years of age and who
resides within the city to be
31 first submitted to the chief law
enforcement officer of the city. The
32 board of county commissioners of any
county, by resolution, may
33 require the application of any person
who is under 16 years of age
34 and who resides within the county and
outside the corporate limits
35 of any city to be first submitted to
the chief law enforcement officer
36 of the county. No ordinance or
resolution authorized by this sub-
37 section shall become effective until
a copy of it is transmitted to the
38 division of vehicles. The chief law
enforcement officer of any city
39 or county which has adopted the
ordinance or resolution authorized
40 by this subsection shall make a
recommendation on the application
41 as to the necessity for the issuance
of the restricted license, and the
42 recommendation shall be transmitted,
with the application, to the
43 division of vehicles. If the division
finds that it is necessary to issue
7
1 the restricted license, it
shall issue a driver's license to the person.
2 A
restricted class C license issued under this subsection
shall
3 entitle the licensee, while
possessing the license, to operate any mo-
4 tor vehicle in class C, as
designated in K.S.A. 8-234b, and amend-
5 ments thereto. A restricted
class M license shall entitle the licensee,
6 while possessing such license,
to operate a motorcycle. The re-
7 stricted license shall entitle
the licensee to operate the appropriate
8 vehicle at any
time:
9
(1) While going to or from or in connection with any job,
em-
10 ployment or farm-related
work;
11 (2) on days
while school is in session, over the most direct and
12 accessible route between the
licensee's residence and school of en-
13 rollment for the purposes of school
attendance;
14
(3) on days on which school activities, as defined by
subsection (a)
15 of K.S.A. 72-133, and amendments
thereto, are conducted, over the most
16 direct and accessible route between the
licensee's residence and the li-
17 censee's school of enrollment or
property owned or used by such school
18 for the purpose of conducting such
school activities, for the purpose of
19 allowing such licensee to participate in
such school activities. For the
20 purpose of this paragraph, ``to
participate'' shall not include merely being
21 a spectator at such school
activities;
22 (3)
(4) when the licensee is operating a passenger
car, at any
23 time when accompanied by an adult who
is the holder of a valid
24 commercial driver's license, class A,
B or C driver's license and who
25 is actually occupying a seat beside
the driver; or
26
(4) (5) when the licensee is
operating a motorcycle, at any time
27 when accompanied by an adult who is
the holder of a valid class M
28 driver's license and who is operating
a motorcycle in the general
29 proximity of the
licensee.
30 Any licensee
issued a restricted license under this subsection
31 shall not operate any motor vehicle
with nonsibling minor passen-
32 gers and any conviction for violating
this provision shall be con-
33 strued as a moving traffic violation
for the purpose of K.S.A. 8-255,
34 and amendments thereto.
35 A restricted
driver's license issued under this subsection is sub-
36 ject to suspension or revocation in
the same manner as any other
37 driver's license. In addition, the
division may suspend the restricted
38 driver's license upon receiving
satisfactory evidence that: (1) The
39 licensee has violated the restriction
of the license, (2) the licensee
40 has been involved in two or more
accidents chargeable to the li-
41 censee or (3) the recommendation of
the chief law enforcement of-
42 ficer of any city or county requiring
the recommendation has been
43 withdrawn. The suspended license
shall not be reinstated for one
8
1 year or until the licensee
reaches the age of 16, whichever period
2 is longer.
3 Any
licensee issued a restricted license under this
subsection
4 who: (1) Is under the age of 16
years and is convicted of two or more
5 moving traffic violations
committed on separate occasions shall not
6 be eligible to receive a
driver's license which is not restricted in
7 accordance with the provisions
of this subsection until the person
8 reaches 17 years of age; or (2)
fails to provide the required affidavit
9 stating that the licensee has
completed at least 50 hours of adult
10 supervised driving with 10 of those
hours being at night shall not
11 be eligible to receive a driver's
license which is not restricted in
12 accordance with the provisions of
this subsection until the person
13 provides such affidavit to the
division or the person reaches 17 years
14 of age, whichever occurs
first.
15 Any licensee
issued a restricted license under this subsection on
16 and after July 1, 1999, shall provide
prior to reaching 16 years of
17 age, a signed affidavit of either a
parent or guardian, stating that
18 the applicant has completed the
required 25 hours prior to being
19 issued a restricted license and 25
hours of additional adult super-
20 vised driving. Of the 50 hours
required by this subsection, at least
21 10 of those hours shall be at night.
The adult supervised driving
22 shall be conducted by an adult who is
at least 21 years of age and
23 is the holder of a valid commercial
driver's license, class A, B or C
24 driver's license.
25 Evidence of
failure of any licensee who was required to complete
26 the 50 hours of adult supervised
driving under this subsection shall
27 not be admissible in any action for
the purpose of determining any
28 aspect of comparative negligence or
mitigation of damages.
29 (b) Who is
under the age of 18 years, except as provided in
30 K.S.A. 1999 Supp. 8-2,147, and
amendments thereto, for the pur-
31 pose of driving a commercial or class
A or B motor vehicle.
32 (c) Whose
license is currently revoked, suspended or canceled
33 in this or any other state, except as
provided in K.S.A. 8-256, and
34 amendments thereto.
35 (d) Who is
a habitual drunkard, habitual user of narcotic drugs
36 or habitual user of any other drug to
a degree which renders the
37 user incapable of safely driving a
motor vehicle.
38 (e) Who has
previously been adjudged to be afflicted with or
39 suffering from any mental disability
or disease and who, at the time
40 of making application for a driver's
license, has not been restored
41 to capacity in the manner provided by
law. Application of this lim-
42 itation to any person known to have
suffered any seizure disorder
43 is subject to the provisions of
paragraph (7) of subsection (e) of
9
1 K.S.A. 8-247, and amendments
thereto.
2
(f) Who is required by the motor vehicle drivers' license act
to
3 take an examination, unless the
person has successfully passed the
4 examination.
5
(g) Who is at least 16 years of age and less than 17 years
of
6 age, who is applying for a
driver's license for the first time since
7 reaching 16 years of age and
who, three times or more, has been
8 adjudged to be a traffic
offender under the Kansas juvenile code or
9 a juvenile offender under the
Kansas juvenile justice code, by rea-
10 son of violation of one or more
statutes regulating the movement of
11 traffic on the roads, streets or
highways of this state, except that, in
12 the discretion of the director, the
person may be issued a driver's
13 license which is restricted in the
manner the division deems to be
14 appropriate. No person described by
this subsection shall be eligi-
15 ble to receive a driver's license
which is not restricted until the
16 person has reached the age of 17
years.
17 Sec.
4 5. K.S.A.
1999 Supp. 8-293 is hereby amended to read
18 as follows: 8-293. Except as
provided in paragraph (3) of subsection (d)
19 of K.S.A. 8-235, and amendments
thereto, no licensee shall be issued
20 a new or replacement driver's license
if: (a) The license has been
21 surrendered pursuant to K.S.A. 8-1001,
and amendments thereto;
22 (b) the licensee has been issued a
temporary license; or (c) a sus-
23 pension, revocation or cancellation
order has been stayed by a
24 court or by the division of
vehicles.
25 Sec.
6. K.S.A. 1999 Supp. 8-296 is hereby amended to read
as
26 follows: 8-296. (a) Any person who is
less than 16 years of age but
27 is at least 14 years of age and who
resides upon a farm in this state
28 or is employed for compensation upon
a farm in this state may apply
29 to the division of vehicles for a
farm permit authorizing such person,
30 while possessing the permit, to
operate any motor vehicle in class
31 C, as designated in K.S.A. 8-234b,
and amendments thereto. The
32 farm permit shall entitle the
licensee to operate such motor vehicles
33 at any time:
34 (1) While
going to or from or in connection with any farm job,
35 employment or other farm-related
work;
36 (2) on days
while school is in session, over the most direct and
37 accessible route between the
licensee's residence and school of en-
38 rollment for the purpose of school
attendance; or
39 (3) on days on
which school activities, as defined by subsection (a)
40 of K.S.A. 72-133, and amendments
thereto, are conducted, over the most
41 direct and accessible route between the
licensee's residence and the li-
42 censee's school of enrollment or
property owned or used by such school
43 for the purpose of conducting such
school activities, for the purpose of
10
1 allowing such licensee to
participate in such school activities. For the
2 purpose of this paragraph, ``to
participate'' shall not include merely being
3 a spectator at such school
activities; or
4
(3) (4) when the licensee is
operating a passenger car at any
5 time when accompanied by an
adult who is the holder of a valid
6 commercial driver's license,
class A, B or C driver's license and who
7 is actually occupying a seat
beside the driver.
8 (b) A
farm permit shall be issued only if:
9
(1) The applicant can prove that such applicant resides
or
10 works on a farm;
11 (2) the
applicant has successfully completed the examination
12 requirements in K.S.A. 8-235d, and
amendments thereto; and
13 (3) the
applicant submits the signed affidavit of either a
parent
14 or guardian, stating that the
applicant lives on a farm or, if the
15 applicant does not live on a farm but
works on a farm, the applicant
16 submits the signed affidavit of the
applicant's employer and parent
17 or guardian, attesting to such
employment.
18 (c) Any
licensee issued a farm permit under this section shall
19 not operate any motor vehicle with
nonsibling minor passengers and
20 any conviction for violating this
provision shall be construed as a
21 moving traffic violation for the
purpose of K.S.A. 8-255, and amend-
22 ments thereto.
23 (d) As used
in this section, ``farm'' means any parcel of land
24 larger than 20 acres which is used in
agricultural operations.
25 (e) A farm
permit issued under this section is subject to suspen-
26 sion or revocation in the same manner
as any other driver's license.
27 A person who has been issued a farm
permit and who violates this
28 section by driving beyond the scope
allowed in subsection (a) shall
29 lose the farm permit and shall be
issued no other driver's license
30 for a period of one year or until the
person reaches 16 years of age,
31 whichever period is
longer.
32 (f) Any
licensee issued a farm permit under this section on and
33 after July 1, 1999, shall provide
prior to reaching 16 years of age,
34 a signed affidavit of either a parent
or guardian, stating that the
35 applicant has completed at least 50
hours of adult supervised driv-
36 ing with at least 10 of those hours
being at night. The adult super-
37 vised driving required by this
paragraph shall be conducted by an
38 adult who is at least 21 years of age
and is the holder of a valid
39 commercial driver's license, class A,
B or C driver's license.
40 Evidence of
failure of any licensee who was required to complete
41 the 50 hours of adult supervised
driving under this subsection shall
42 not be admissible in any action for
the purpose of determining any
43 aspect of comparative negligence or
mitigation of damages.
11
1
(g) Any licensee issued a farm permit under this section
who:
2 (1) Is under the age of 16
years and is convicted of two or more
3 moving traffic violations
committed on separate occasions shall not
4 be eligible to receive a
driver's license which is not restricted in
5 accordance with the provisions
of subsection (a), until the person
6 reaches 17 years of age; or (2)
fails to provide the affidavit required
7 under subsection (f), shall not
be eligible to receive a driver's license
8 which is not restricted in
accordance with the provisions of subsec-
9 tion (a), until the person
provides such affidavit to the division or
10 the person reaches 17 years of age,
whichever occurs first.
11 Sec.
5 7. K.S.A.
8-1439 is hereby amended to read as follows:
12 8-1439. ``Motor-driven cycle'' means
every motorcycle, including
13 every motor scooter, with a motor which
produces not to exceed
14 five (5) brake
horsepower, and every bicycle with motor attached,
15 except a motorized bicycle or
a low power cycle an electric-assisted
16 bicycle.
17 Sec.
3 6
8. K.S.A. 8-1439a is hereby amended to read as
follows: 8-
18 1439a. ``Motorized bicycle''
means: (a) Every
every device having two
19 tandem wheels or three wheels which may be
propelled by either human
20 power or helper motor, or by both, and
which has:
21
(1) (a) A motor which produces
not more than 3.5 brake horsepower;
22
(2) (b) a cylinder capacity of
not more than 50 130 cubic centimeters;
23
(3) (c) an automatic
transmission; and
24
(4) (d) the capability of a
maximum design speed of no more than 30
25 miles per hour except a low power
cycle; or
26 (b) an
electric-assisted bicycle.
27 Sec.
4 7
9. K.S.A. 1999 Supp. 8-1486 is hereby amended to
read as
28 follows: 8-1486. K.S.A. 8-1414a, 8-1459a
and 8-1475a, and amendments
29 thereto, and K.S.A. 1999 Supp. 8-1402a,
8-1439c and, 8-1458a and 8-
30 1487, and amendments thereto, and
K.S.A. 1999 Supp. 8-1487 section 1,
31 and amendments thereto, shall be a
part of, and supplemental to, the
32 uniform act regulating traffic on
highways.
33 Sec.
8 10. K.S.A.
8-1592b is hereby amended to read as fol-
34 lows: 8-1592b. Vehicle registration and
driver's license shall not
35 be required for operation of
a low power cycle an electric-assisted
36 bicycle. Traffic regulations
applicable to bicycles shall apply to low
37 power cycles
electric-assisted bicycles, except tricycles with no
brake
38 horsepower.
39 Sec.
5 9
11. K.S.A. 8-1439a 8-1439,
8-1439a, 8-1439b and 8-
40 1592b and K.S.A. 1999 Supp.
8-126, 8-235, 8-293
8-237, 8-293, 8-296
41 and 8-1486 are hereby repealed.
42 Sec. 6
10 12. This act
shall take effect and be in force from and after
43 its publication in the statute book.