Session Law

Identifying Information:L. 2001 ch. 019
Other Identifying Information:2001 House Bill 2184
Tax Type:Vehicles
Brief Description:An Act regulating traffic; concerning the width of certain vehicles; amending K.S.A. 2000 Supp. 8-126, 8-1486 and 8-1902 and repealing the existing sections.
Keywords:


Body:

CHAPTER 19

HOUSE BILL No. 2184


An Act regulating traffic; concerning the width of certain vehicles; amending K.S.A. 2000

Supp. 8-126, 8-1486 and 8-1902 and repealing the existing sections.

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

New Section 1. ``Travel trailer'' means every vehicle without motive

power designed to be towed by a motor vehicle constructed primarily for

recreational purposes.

Sec. 2. K.S.A. 2000 Supp. 8-126 is hereby amended to read as fol-

lows: 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 devices moved by human power or used exclusively upon station-

ary 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 and measuring eight feet or less in width.

(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.

Sec. 3. K.S.A. 2000 Supp. 8-1486 is hereby amended to read as fol-

lows: 8-1486. K.S.A. 8-1414a, 8-1459a and 8-1475a, and amendments

thereto, and K.S.A. 2000 Supp. 8-1402a, 8-1439c, 8-1458a, 8-1487, 8-

1488 and 8-1489, and amendments thereto, and section 1, and amend-

ments thereto, shall be a part of, and supplemental to, the uniform act

regulating traffic on highways.

Sec. 4. K.S.A. 2000 Supp. 8-1902 is hereby amended to read as fol-

lows: 8-1902. (a) The total outside width of any vehicle or the load thereon

shall not exceed 81/2 feet, except as otherwise provided in this section.

(b) A farm tractor or a fertilizer dispensing machine shall not be per-

mitted to travel on any highway which is a part of the national system of

interstate and defense highways. Whenever a farm tractor or implement

of husbandry, and any load on any such vehicle, exceeds the width limi-

tations prescribed by this section to the extent that the width of such

vehicle, including any load thereon, exceeds the width of that portion of

a roadway on which such vehicle is driven, which is marked as a single

lane of traffic, or, if such roadway has not been marked for lanes of traffic,

the width of such vehicle exceeds more than 1/2 the width of such roadway,

the driver shall move such vehicle as soon as possible as far to the right

side of the highway as is practicable and safe upon the approach of any

oncoming or following vehicle and upon approaching the crest of a hill.

(c) The secretary shall adopt rules and regulations consistent with

federal requirements designating safety and other devices which may ex-

tend out on either side of the vehicle.

(d) (1) A vehicle may be loaded with bales of hay which shall not

exceed 12 feet in width and a height as authorized by K.S.A. 8-1904, and

amendments thereto, but vehicles so loaded shall not be moved on any

highway designated as a part of the national network of highways, except

as permitted under subsection (j) of K.S.A. 8-1911, and amendments

thereto, or under paragraph (2) of this subsection.

(2) A farm vehicle may be loaded with bales of hay which shall not

exceed 12 feet in width and a height as authorized by K.S.A. 8-1904, and

amendments thereto, but vehicles so loaded shall not be moved on any

highway designated as a part of the national system of interstate and

defense highways, except as permitted under subsection (j) of K.S.A. 8-

1911, and amendments thereto. As used in this paragraph ``farm vehicle''

means a truck or truck tractor registered under K.S.A. 8-143, and amend-

ments thereto, as a farm truck or truck tractor. Such farm truck or truck

tractor may be used in combination with any type of trailer or semitrailer.

(3) Any such vehicles under paragraphs (1) or (2) so loaded shall not

be moved during the period beginning 30 minutes after sunset and ending

30 minutes before sunrise. Any vehicle loaded with bales of hay as au-

thorized by the exception in this subsection, with the load extending be-

yond 81/2 feet, shall have attached thereto a sign which states ``OVERSIZE

LOAD'' and the dimensions of the sign shall be a minimum of seven feet

long and 18 inches high. Letters shall be a minimum of 10 inches high

with a brush stroke of not less than 12/5 inches. The sign shall be readily

visible from a distance of 500 feet and shall be removed when the vehicle

or load does not exceed the legal width. Each vehicle shall be equipped

with red flags on all four corners of the oversized load.

(e) The secretary of transportation shall adopt rules and regulations

authorizing vehicles to be loaded with two combine headers which exceed

the legal width, but vehicles so loaded shall not be moved on any highway

designated as a part of the national system of interstate and defense high-

ways, except as permitted under subsection (i) of K.S.A. 8-1911, and

amendments thereto, and vehicles so loaded shall not be moved during

the period beginning 30 minutes after sunset and ending 30 minutes

before sunrise.

(f) A motor home or travel trailer, may exceed 102 inches, if such

excess width is attributable to an appurtenance that extends no more than

six inches beyond the body of the vehicle, except that in no case shall such

motor home or travel trailer exceed a total width of 108 inches.

For the purposes of this subsection the term ``appurtenance'' shall in-

clude:

(1) An awning and its support hardware; and

(2) any appendage that is intended to be an integral part of a motor

home or travel trailer coach and that is installed by the manufacturer or

dealer.

The term ``appurtenance'' shall not include any item that is temporarily

affixed or attached to the exterior of a motor home or travel trailer by the

owner of such motor home or travel trailer for the purposes of trans-

porting from one location to another.

Sec. 5. K.S.A. 2000 Supp. 8-126, 8-1486 and 8-1902 are hereby re-

pealed.

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

publication in the Kansas register.

Approved March 15, 2000.

Published in the Kansas Register March 22, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001