Session Law

Identifying Information:L. 2002 ch. 016
Other Identifying Information:2002 House Bill 2663
Tax Type:Vehicles
Brief Description:(Amended by Chapter 134)An Act regulating traffic; concerning electric personal assistive mobility device; amending K.S.A. 8-126, 8-1446, 8-1485 and 8-1486 and repealing the existing sections.
Keywords:


Body:

CHAPTER 16

HOUSE BILL No. 2663

(Amended by Chapter 134)


An Act regulating traffic; concerning electric personal assistive mobility device; amending

K.S.A. 8-126, 8-1446, 8-1485 and 8-1486 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. ``Electric personal assistive mobility device'' means

a self-balancing two nontandem wheeled device, designed to transport

only one person, with an electric propulsion system that limits the max-

imum speed of the device to 15 miles per hour or less.

Sec. 2. K.S.A. 8-126 is hereby amended to read as follows: 8-126.

The following words and phrases when used in this act shall have the

meanings respectively ascribed to them herein:

(a) ``Vehicle'' means every device in, upon or by which any person or

property is or may be transported or drawn upon a public highway, ex-

cepting electric personal assistive mobility devices or devices moved by

human power or used exclusively upon stationary rails or tracks.

(b) ``Motor vehicle'' means every vehicle, other than a motorized bi-

cycle or a motorized wheelchair, which is self-propelled.

(c) ``Truck'' means a motor vehicle which is used for the transporta-

tion or delivery of freight and merchandise or more than 10 passengers.

(d) ``Motorcycle'' means every motor vehicle designed to travel on

not more than three wheels in contact with the ground, except any such

vehicle as may be included within the term ``tractor'' as herein defined.

(e) ``Truck tractor'' means every motor vehicle designed and used

primarily for drawing other vehicles, and not so constructed as to carry a

load other than a part of the weight of the vehicle or load so drawn.

(f) ``Farm tractor'' means every motor vehicle designed and used as

a farm implement power unit operated with or without other attached

farm implements in any manner consistent with the structural design of

such power unit.

(g) ``Road tractor'' means every motor vehicle designed and used for

drawing other vehicles, and not so constructed as to carry any load

thereon independently, or any part of the weight of a vehicle or load so

drawn.

(h) ``Trailer'' means every vehicle without motive power designed to

carry property or passengers wholly on its own structure and to be drawn

by a motor vehicle.

(i) ``Semitrailer'' means every vehicle of the trailer type so designed

and used in conjunction with a motor vehicle that some part of its own

weight and that of its own load rests upon or is carried by another vehicle.

(j) ``Pole trailer'' means any two-wheel vehicle used as a trailer with

bolsters that support the load, and do not have a rack or body extending

to the tractor drawing the load.

(k) ``Specially constructed vehicle'' means any vehicle which shall not

have been originally constructed under a distinctive name, make, model

or type, or which, if originally otherwise constructed shall have been ma-

terially altered by the removal of essential parts, or by the addition or

substitution of essential parts, new or used, derived from other vehicles

or makes of vehicles.

(l) ``Foreign vehicle'' means every motor vehicle, trailer or semitrailer

which shall be brought into this state otherwise than in ordinary course

of business by or through a manufacturer or dealer and which has not

been registered in this state.

(m) ``Person'' means every natural person, firm, partnership, associ-

ation or corporation.

(n) ``Owner'' means a person who holds the legal title of a vehicle, or

in the event a vehicle is the subject of an agreement for the conditional

sale thereof with the right of purchase upon performance of the condi-

tions stated in the agreement and with an immediate right of possession

vested in the conditional vendee or in the event a vehicle is subject to a

lease of 30 days or more with an immediate right of possession vested in

the lessee; or in the event a party having a security interest in a vehicle

is entitled to possession, then such conditional vendee or lessee or secured

party shall be deemed the owner for the purpose of this act.

(o) ``Nonresident'' means every person who is not a resident of this

state.

(p) ``Manufacturer'' means every person engaged in the business of

manufacturing motor vehicles, trailers or semitrailers.

(q) ``New vehicle dealer'' means every person actively engaged in the

business of buying, selling or exchanging new motor vehicles, travel trail-

ers, trailers or vehicles and who holds a dealer's contract therefor from a

manufacturer or distributor and who has an established place of business

in this state.

(r) ``Used vehicle dealer'' means every person actively engaged in the

business of buying, selling or exchanging used vehicles, and having an

established place of business in this state and who does not hold a dealer's

contract for the sale of new motor vehicles, travel trailers, trailers or

vehicles.

(s) ``Highway'' means every way or place of whatever nature open to

the use of the public as a matter of right for the purpose of vehicular

travel. The term ``highway'' shall not be deemed to include a roadway or

driveway upon grounds owned by private owners, colleges, universities

or other institutions.

(t) ``Department'' or ``motor vehicle department'' or ``vehicle depart-

ment'' means the division of vehicles of the department of revenue, acting

directly or through its duly authorized officers and agents.

(u) ``Commission'' or ``state highway commission'' means the director

of vehicles of the department of revenue.

(v) ``Division'' means the division of vehicles of the department of

revenue.

(w) ``Travel trailer'' means every vehicle without motive power de-

signed to be towed by a motor vehicle constructed primarily for recrea-

tional purposes.

(x) ``Passenger vehicle'' means every motor vehicle, as herein defined,

which is designed primarily to carry 10 or fewer passengers, and which

is not used as a truck.

(y) ``Self-propelled farm implement'' means every farm implement

designed for specific use applications with its motive power unit perma-

nently incorporated in its structural design.

(z) ``Farm trailer'' means every trailer as defined in subsection (h) of

this section and every semitrailer as defined in subsection (i) of this sec-

tion, designed and used primarily as a farm vehicle.

(aa) ``Motorized bicycle'' means every device having two tandem

wheels or three wheels, which may be propelled by either human power

or helper motor, or by both, and which has:

(1) A motor which produces not more than 3.5 brake horsepower;

(2) a cylinder capacity of not more than 130 cubic centimeters;

(3) an automatic transmission; and

(4) the capability of a maximum design speed of no more than 30

miles per hour.

(bb) ``All-terrain vehicle'' means any motorized nonhighway vehicle

45 inches or less in width, having a dry weight of 650 pounds or less,

traveling on three or more low-pressure tires, having a seat designed to

be straddled by the operator. As used in this subsection, low-pressure tire

means any pneumatic tire six inches or more in width, designed for use

on wheels with rim diameter of 12 inches or less, and utilizing an oper-

ating pressure of 10 pounds per square inch or less as recommended by

the vehicle manufacturer.

(cc) ``Implement of husbandry'' means every vehicle designed or

adapted and used exclusively for agricultural operations, including feed-

lots, and only incidentally moved or operated upon the highways. Such

term shall include, but not be limited to:

(1) A farm tractor;

(2) a self-propelled farm implement;

(3) a fertilizer spreader, nurse tank or truck permanently mounted

with a spreader used exclusively for dispensing or spreading water, dust

or liquid fertilizers or agricultural chemicals, as defined in K.S.A. 2-2202,

and amendments thereto, regardless of ownership;

(4) a truck mounted with a fertilizer spreader used or manufactured

principally to spread animal dung;

(5) a mixer-feed truck owned and used by a feedlot, as defined in

K.S.A. 47-1501, and amendments thereto, and specially designed and

used exclusively for dispensing food to livestock in such feedlot.

(dd) ``Motorized wheelchair'' means any self-propelled vehicle de-

signed specifically for use by a physically disabled person that is incapable

of a speed in excess of 15 miles per hour.

(ee) ``Oil well servicing, oil well clean-out or oil well drilling machin-

ery or equipment'' means a vehicle constructed as a machine used exclu-

sively for servicing, cleaning-out or drilling an oil well and consisting in

general of a mast, an engine for power, a draw works and a chassis per-

manently constructed or assembled for one or more of those purposes.

The passenger capacity of the cab of a vehicle shall not be considered in

determining whether such vehicle is an oil well servicing, oil well clean-

out or oil well drilling machinery or equipment.

(ff) ``Electric personal assistive mobility device'' means a self-balanc-

ing two nontandem wheeled device, designed to transport only one person,

with an electric propulsion system that limits the maximum speed of the

device to 15 miles per hour or less.

Sec. 3. K.S.A. 8-1446 is hereby amended to read as follows: 8-1446.

``Pedestrian'' means:

(a) Any person afoot or;

(b) any person in a wheelchair, either manually or mechanically pro-

pelled, or other low powered, mechanically propelled vehicle designed

specifically for use by a physically disabled person; or

(c) any person using an electric personal assistive mobility device.

Sec. 4. K.S.A. 8-1485 is hereby amended to read as follows: 8-1485.

``Vehicle'' means every device in, upon or by which any person or property

is or may be transported or drawn upon a highway, except electric per-

sonal assistive mobility devices or devices moved by human power or used

exclusively upon stationary rails or tracks.

Sec. 5. K.S.A. 8-1486 is hereby amended to read as follows: 8-1486.

K.S.A. 8-1402a, 8-1414a, 8-1439c, 8-1458a, 8-1459a and, 8-1475a, 8-

1487, 8-1488, 8-1489 and 8-1490 and amendments thereto, and K.S.A.

8-1402a, 8-1439c, 8-1458a, 8-1487, 8-1488 and 8-1489, and amendments

thereto, and 8-1490 section 1, and amendments thereto, shall be a part

of, and supplemental to, the uniform act regulating traffic on highways.

Sec. 6. K.S.A. 8-126, 8-1446, 8-1485 and 8-1486 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 1, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002