Session of 1998
HOUSE BILL No. 2927
By Representative Tanner
2-13
9
AN ACT regulating traffic; concerning certain
exceptions to the axle
10 weights; amending
K.S.A. 1997 Supp. 8-1901 and repealing the exist-
11 ing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 Supp. 8-1901 is hereby amended to read as
15 follows: 8-1901. (a) It shall be unlawful
for any person to drive or move
16 or for the owner or lessee to cause or
knowingly permit to be driven or
17 moved on any highway any vehicle or
combination of vehicles of a size or
18 weight exceeding the limitations stated in
article 19 of chapter 8 of Kansas
19 Statutes Annotated or otherwise in
violation of this article, and the max-
20 imum size and weight of vehicles herein
specified shall be lawful through-
21 out this state, and local authorities shall
have no power or authority to
22 alter said limitations except as express
authority may be granted in this
23 article.
24 (b) Any person violating
any of the provisions of article 19 of chapter
25 8 of the Kansas Statutes Annotated, except
for the provisions of K.S.A.
26 8-1908 and 8-1909, and amendments thereto,
shall, upon conviction
27 thereof, be fined in an amount not to
exceed $500.
28 (c) Any person violating
any of the provisions of K.S.A. 8-1908 or 8-
29 1909, and amendments thereto, shall, upon a
first conviction thereof, be
30 fined the applicable following amount from
one, but not both of the
31 following schedules for moving a gross
vehicle or combination of vehicles
32 weight in excess of the lawful maximum
gross weight for such vehicle or
33 combination of vehicles or for any axle or
tandem, triple or quad axles
34 thereof:
35
GROSS WEIGHT OF VEHICLE
36
OR COMBINATION
37 For each violation of any gross weight
limitation of a vehicle or combination of vehicles, an
38 amount equal to the amount determined by
applying the following schedule for each pound
39 in excess of the lawful limit:
40 Pounds Overweight
Rate of Fine
41 up to 1000
..............................................$25.00
42 1001 to 2000
.................................3¢ per pound
43 2001 to 5000
.................................5¢ per pound
HB 2927
2
1 5001 to 7500
.................................7¢ per pound
2 7501 and over
...............................10¢ per pound
3
GROSS WEIGHT ON ANY AXLE
4
OR TANDEM, TRIPLE OR QUAD AXLES
5 For each violation of any gross
weight limitation on any axle or tandem, triple or quad axles,
6 an amount equal to the amount
determined by applying the following schedule for each
7 pound in excess of the lawful gross
weight:
8 Pounds
Overweight Rate of Fine
9 up to 1000
..............................................$25.00
10 1001 to 2000
.................................3¢ per pound
11 2001 to 5000
.................................5¢ per pound
12 5001 to 7500
.................................7¢ per pound
13 7501 and over
...............................10¢ per pound
14 For a second violation of
this subsection (c), within two years after a
15 prior conviction of this subsection, such
person, upon conviction shall be
16 fined 11/2 times the applicable amount from
one, but not both, of the
17 above schedules. For a third violation of
this subsection (c) within two
18 years, after two prior convictions of this
subsection, such person, upon
19 conviction shall be fined two times the
applicable above amount from
20 one, but not both, of the above schedules.
For a fourth and each suc-
21 ceeding violation of this subsection (c)
within two years after three prior
22 convictions of this subsection, such
person, upon conviction shall be fined
23 21/2 times the applicable above amount from
one, but not both, of the
24 above schedules.
25 (d) Except as otherwise
specifically provided in this act, the provisions
26 of article 19 of chapter 8 of Kansas
Statutes Annotated governing size,
27 weight and load shall not apply to fire
apparatus, road machinery, farm
28 tractors or to implements of husbandry
temporarily moved upon a high-
29 way, or to a vehicle operated under the
terms of a currently valid special
30 permit issued in accordance with K.S.A.
8-1911, and amendments
31 thereto.
32 (e) Except on highways
designated as part of the national system of
33 interstate defense highways, the gross
weight limitation prescribed by
34 article 19 of chapter 8 of Kansas Statutes
Annotated on any axle or tan-
35 dem, triple or quad axles shall not apply
to: (1) Trucks specifically de-
36 signed and equipped and used exclusively
for garbage, refuse or solid
37 waste disposal operations when loaded with
garbage, refuse or waste; or
38 (2) trucks mounted with a fertilizer
spreader used or manufactured prin-
39 cipally to spread animal dung, except that
this paragraph (2) shall not
40 apply to truck tractors so equipped; or
(3) vehicle or combination of ve-
41 hicles exclusively transporting milk
from the point of production to the
42 primary market and the return of dairy
supplies and dairy products from
43 such primary market to the farm.
Except that such trucks under this
HB 2927
3
1 subsection shall not exceed the
maximum gross weight limitations con-
2 tained in the table in K.S.A. 8-1909,
and amendments thereto.
3 (f) As used in
this section, ``conviction'' means a final conviction with-
4 out regard to whether sentence was
suspended or probation granted after
5 such conviction, and a forfeiture of
bail, bond or collateral deposited to
6 secure a defendant's appearance in
court, which forfeiture has not been
7 vacated, is equivalent to a
conviction.
8
Sec. 2. K.S.A. 1997 Supp. 8-1901 is hereby repealed.
9 Sec. 3. This
act shall take effect and be in force from and after its
10 publication in the statute book.
11
12