HOUSE BILL No. 2782

      An Act regulating traffic; concerning the width of certain loads on vehicles; providing for
      the issuance of a special permit; amending K.S.A. 1997 Supp. 8-1486, 8-1902 and 8-
      1911 and repealing the existing sections.

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

    New Section 1. ``National network of highways'' means the interstate
system, other United States designated highways and all state highways.

    Sec. 2. K.S.A. 1997 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. 1997 Supp. 8-1402a, 8-1439c and 8-1458a, and
amendments thereto, and K.S.A. 1997 Supp. 8-1402a section 1 shall be a
part of, and supplemental to, the uniform act regulating traffic on high-
ways.

    Sec. 3. K.S.A. 1997 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) 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 amend-
ments thereto, 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 and vehicles so loaded shall not be moved during the period begin-
ning 30 minutes after sunset and ending 30 minutes before sunrise. Any
vehicle loaded with bales of hay as authorized by the exception in this
subsection, with the load extending beyond 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.

    (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. As used in this paragraph ``farm vehicle'' means a truck
or truck tractor registered under K.S.A. 8-143, and amendments thereto,
as a farm truck or truck tractor and 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.

    Sec. 4. K.S.A. 1997 Supp. 8-1911 is hereby amended to read as fol-
lows: 8-1911. (a) The secretary of transportation with respect to highways
under the secretary's jurisdiction and local authorities with respect to
highways under their jurisdiction, in their discretion, upon application,
may issue a special permit, which term shall include an authorization
number, to the owner or operator of an oversize or overweight vehicle.
The special permit shall authorize the special permit holder to operate
or move a vehicle or combination of vehicles which exceed the limitations
of this act, on a route, or routes, designated in the special permit and in
accordance with the terms and conditions of the special permit.

    (b) The application for the permit shall describe the vehicle, or com-
bination of vehicles and all loads or cargo for which the special permit is
requested, the route or routes on which operation is sought and whether
a single trip or annual operation is requested. One special permit may be
issued for a vehicle or combination of vehicles, that are both oversize and
overweight. A special permit under this section may be for a single trip
or for annual operation. The special permit shall designate the route or
routes that may be used and any other terms, conditions or restrictions
deemed necessary. The secretary of transportation shall charge a fee for
each permit or authorization number issued as provided for in subsection
(f). No permit shall be required to authorize the moving or operating
upon any highway of farm tractors, combines, fertilizer dispensing equip-
ment or other farm machinery, or machinery being transported to be used
for terracing or soil or water conservation work upon farms, or vehicles
owned by counties, cities and other political subdivisions of the state,
except that this sentence shall not: (1) Exempt trucks owned by counties,
cities and other political subdivisions specifically designed and equipped
and used exclusively for garbage, refuse or solid waste disposal operations
from the maximum gross weight limitations contained in the table in
K.S.A. 8-1909, and amendments thereto; or (2) authorize travel on inter-
state highways.

    (c) A permit shall be valid only when the registration on the power
unit is equal to or exceeds the total gross weight of the vehicle. When the
gross weight of the vehicle exceeds the upper limit of the available reg-
istration, the maximum amount of registration must be purchased.

    (d) The secretary or local authority may issue or withhold the permit
at the secretary's or local authority's discretion or may limit the number
of trips, or establish seasonal or other time limitations within which the
vehicles described may be operated on the highways, or may otherwise
limit or prescribe conditions of operations of such vehicle or combination
of vehicles, when necessary to assure against undue damage to the road.
The secretary or local authority may require such undertaking or other
security as may be deemed necessary to compensate for any injury to any
roadway or road structure.

    (e) Every permit shall be carried in the vehicle or combination of
vehicles to which it refers and shall be open to inspection by any police
officer or authorized agent of any authority granting the permit. It shall
be unlawful for any person to violate any of the terms or conditions of
special permit.

    (f) The secretary of transportation shall charge and collect fees as
follows:

    (1) Five dollars for each single-trip permit;

    (2) twenty-five dollars for a five-year permit for vehicles authorized
to move bales of hay under subsection (j) on noninterstate highways;

    (2) (3) one hundred and twenty-five dollars for each annual permit;
or

    (3) (4) two thousand dollars per year for each qualified carrier com-
pany for special vehicle combination permits authorized under K.S.A.
8-1915, and amendments thereto, plus $50 per year for each power unit
operating under such annual permit.

    No fees shall be charged for permits issued for vehicles owned by
counties, cities and other political subdivisions of the state. All permit
fees received under this section shall be remitted to the state treasurer
who shall deposit the same in the state treasury and shall be credited to
the state highway fund. The secretary may adopt rules and regulations
for payment and collection of all fees. The secretary may adopt rules and
regulations implementing the provisions of this section to prescribe stan-
dards for any permit program to enhance highway safety.

    (g) If any local authority does not desire to exercise the powers con-
ferred on it by this section to issue or deny permits then such a permit
from the local authority shall not be required to operate any such vehicle
or combination of vehicles on highways under the jurisdiction of such
local authority, but in no event shall the jurisdiction of the local authority
be construed as extending to any portion of any state highway, any city
street designated by the secretary as a connecting link in the state highway
system or any highway within the national system of interstate and de-
fense highways, which highways and streets, for the purpose of this sec-
tion, shall be under the jurisdiction of the secretary.

    (h) A house trailer, manufactured home or mobile home which ex-
ceeds the width as provided in subsection (a) of K.S.A. 8-1902, and
amendments thereto, may be moved on the highways of this state by
obtaining a permit as provided in this section, if:

    (1) The width of such house trailer, manufactured home or mobile
home does not exceed 161/2 feet;

    (2) the driver of the vehicle pulling the house trailer, manufactured
home or mobile home has a valid driver's license; and

    (3) the driver carries evidence that the housetrailer, manufactured
home or mobile home, and the vehicle pulling it, are covered by motor
vehicle liability insurance with limits of not less than $100,000 for injury
to any one person, and $300,000 for injury to persons in any one accident,
and $25,000 for injury to property.

    For the purposes of this subsection, the terms ``manufactured home''
and ``mobile home'' shall have the meanings ascribed to them by K.S.A.
58-4202, and amendments thereto.

    (i) Upon proper application stating the description and registration
of each power unit, the secretary of transportation shall issue permits for
a period, from May 1 to November 15, for custom combine operators to
tow custom-combine equipment on a trailer within legal dimensions or a
trailer especially designed for the transportation of combines or combine
equipment at the rate of $10 per power unit. Each application shall be
accompanied by information as required by the secretary. The permit
shall allow custom combine operators to haul two combine headers on
designated interstate highways provided:

    (1) The vehicle plus the load do not exceed 14 feet in width;

    (2) the move is completed during the period beginning 30 minutes
before sunrise and ending 30 minutes after sunset; and

    (3) the vehicle plus the load are not overweight.

    (j) Except as provided in paragraph (2) of subsection (d) of K.S.A.
8-1902, and amendments thereto, a vehicle loaded with bales of hay which
exceeds the width as provided in subsection (a) of K.S.A. 8-1902, and
amendments thereto, may be moved on any highway designated as a part
of the national network of highways by obtaining a permit as provided
by this section, if:

    (A) The vehicle plus the bales of hay do not exceed 12 feet in width;

    (B) the vehicle plus the bales of hay do not exceed the height author-
ized under K.S.A. 8-1904, and amendments thereto;

    (C) the move is completed during the period beginning 30 minutes
before sunrise and ending 30 minutes after sunset;

    (D) the vehicle plus the load are not overweight; and

    (E) the vehicle plus the load comply with the signing and marking
requirements of paragraph (3) of subsection (d) of K.S.A. 8-1902, and
amendments thereto.

    (j) (k) If it is determined by the secretary of transportation that a
person has been granted a permit and has not complied with the appli-
cable provisions of this section and the rules and regulations of the sec-
retary of transportation relating thereto, the secretary may cancel the
permit and may refuse to grant future permits to the individual.

    Sec. 5. K.S.A. 1997 Supp. 8-1486, 8-1902 and 8-1911 are hereby re-
pealed.

    Sec. 6. This act shall take effect and be in force from and after its
publication in the Kansas register.

I hereby certify that the above Bill originated in the
House, and passed that body

__________________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

__________________________________

Governor.