Session Law

Identifying Information:L. 2003 ch. 061
Other Identifying Information:2003 House Bill 2158
Tax Type:Vehicles
Brief Description:An Act concerning authorized emergency vehicles; designating wreckers, tow trucks or car carriers as authorized emergency vehicles; amending K.S.A. 8-1404, 8-2010 and 8-2010a and repealing the existing sections.
Keywords:


Body:

CHAPTER 61

HOUSE BILL No. 2158


An Act concerning authorized emergency vehicles; designating wreckers, tow trucks or car

carriers as authorized emergency vehicles; amending K.S.A. 8-1404, 8-2010 and 8-2010a


and repealing the existing sections.


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

New Section 1. (a) Wreckers, tow trucks or car carriers designated

as authorized emergency vehicles under subsection (c) of K.S.A. 8-2010,

and amendments thereto, shall operate such lights authorized under

K.S.A. 8-1720, and amendments thereto, only when such wreckers, tow

trucks or car carriers are stationary and providing wrecker or towing serv-

ice at the scene of a vehicle accident or providing emergency service on

the side of a highway.

(b) The provisions of this section shall be part of and supplemental

to the uniform act regulating traffic on highways.

Sec. 2. K.S.A. 8-1404 is hereby amended to read as follows: 8-1404.

``Authorized emergency vehicle'' means such fire department vehicles or

police bicycles or police vehicles which are publicly owned; motor vehicles

operated by ambulance services permitted by the emergency medical

services board under the provisions of K.S.A. 65-6101 et seq., and amend-

ments thereto; wreckers, tow trucks or car carriers, as defined by K.S.A.

66-1329, and amendments thereto, and having a certificate of public serv-

ice from the state corporation commission; and such other publicly or

privately owned vehicles which are designated as emergency vehicles pur-

suant to K.S.A. 8-2010, and amendments thereto.

Sec. 3. K.S.A. 8-2010 is hereby amended to read as follows: 8-2010.

(a) Any particular vehicle listed in subsection (b) of K.S.A. 8-2010a, and

amendments thereto, shall be designated, by the board of county com-

missioners in which such vehicle is located, as an authorized emergency

vehicle upon the filing of an application pursuant to K.S.A. 8-2010a, and

amendments thereto and a finding that designation of such vehicle is

necessary to the preservation of life or property or to the execution of

emergency governmental functions. The designation shall be in writing

and the written designation shall be carried in the vehicle at all times, but

failure to carry the written designation shall not affect the status of the

vehicle as an authorized emergency vehicle.

(b) Any vehicle designated as an authorized emergency vehicle prior

to the effective date of this act, may continue to operate as an authorized

emergency vehicle, as long as: (1) The ownership of such vehicle remains

unchanged; and (2) the use of such vehicle for purposes for which such

vehicle was designated remains unchanged, except that all future opera-

tion of such vehicle as an authorized emergency vehicle shall be in ac-

cordance with this section and such other applicable provisions of law.

(c) The following vehicles shall not be required to be designated by

the board of county commissioners as authorized emergency vehicles:

(1) Fire department vehicles or police vehicles which are publicly

owned, and;

(2) motor vehicles operated by ambulance services permitted by the

emergency medical services board under the provisions of K.S.A. 65-6101

et seq., and amendments thereto, shall not be required to be designated

by the board of county commissioners as authorized emergency vehicles;

and

(3) wreckers, tow trucks or car carriers, as defined by K.S.A. 66-1329,

and amendments thereto, and having a certificate of public service from

the state corporation commission.

(d) Any vehicle designated under the provisions of this section, as an

authorized emergency vehicle in the county in which such vehicle is lo-

cated, shall be a valid designation of such vehicle in any other county and

such vehicle shall be authorized to operate as an authorized emergency

vehicle without being required to obtain any additional designation in any

other county.

Sec. 4. K.S.A. 8-2010a is hereby amended to read as follows: 8-

2010a. (a) An application for the designation of a vehicle as an authorized

emergency vehicle pursuant to K.S.A. 8-2010, and amendments thereto,

shall be submitted to the board of county commissioners in the county in

which such vehicle is located and shall be completed and

signed: (1) By the individual applicant;

(2) if a partnership, by a member of the partnership or an authorized

agent; or

(3) if a corporation or municipality, by an officer or authorized agent

of the corporation or municipality.

(b) The following vehicles, upon approval by the board of county

commissioners, may be designated as emergency vehicles:

(1) Wreckers;

(2) (1) Civil defense vehicles;

(3) (2) emergency vehicles operated by public utilities;

(4) (3) the privately owned vehicles of firefighters or volunteer fire-

fighters;

(5) (4) the privately owned vehicles of police officers; or

(6) (5) any other vehicle, when it is determined by the board of county

commissioners that such designation is necessary to the preservation of

life or property or carrying out of emergency governmental functions.

Sec. 5. K.S.A. 8-1404, 8-2010 and 8-2010a are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 14, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003