As Amended by Senate Committee
Session of 1998
SENATE BILL No. 417
By Committee on Transportation and Tourism
1-13
10
AN ACT relating to drivers' licenses; concerning
certain restrictions;
11 amending K.S.A. 1997
Supp. 8-237, 8-239 and 8-296 and repealing the
12 existing sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 New
Section 1. Notwithstanding any other provisions of this
act, any
16 person who is at least
16 years of age and holds held a valid
restricted
17 class C or class M driver's license,
instruction permit, restricted in-
18 struction permit or farm
permit on the effective date of this act may
19 continue to operate motor vehicles subject
to the same conditions, limi-
20 tations and restrictions as contained in
(tri-stars)e law K.S.A. 8-237,
8-239 and
21 8-296, and amendments thereto,
as in effect on June 30, 1998.
22 Sec. 2. K.S.A. 1997
Supp. 8-237 is hereby amended to read as fol-
23 lows: 8-237. The division of vehicles shall
not issue any driver's license to
24 any person:
25 (a) Who is under the age
of 16 17
16 years, except that the division
26 may issue a restricted class C
or M license, as provided in this act, to any
27 person who: (1) Is at least 15
years of age; (2) has successfully completed
28 an approved course in driver
training; (3) a signed affidavit of either
a
29 parent or guardian, stating that the
applicant has completed at least
50
30 20 hours of actual driving
with at least 10 of those hours being at night;
31 and (3)
(4) upon the written application of the person's parent or
guard-
32 ian. Except as hereafter provided, the
application of the parent or guard-
33 ian shall be submitted to the division. The
governing body of any city, by
34 ordinance, may require the application of
any person who is under 16
35 years of age and who resides within the
city to be first submitted to the
36 chief law enforcement officer of the city.
The board of county commis-
37 sioners of any county, by resolution, may
require the application of any
38 person who is under 16 years of age and who
resides within the county
39 and outside the corporate limits of any
city to be first submitted to the
40 chief law enforcement officer of the
county. No ordinance or resolution
41 authorized by this subsection shall become
effective until a copy of it is
42 transmitted to the division of vehicles.
The chief law enforcement officer
43 of any city or county which has adopted the
ordinance or resolution au-
SB 417--Am.
2
1 thorized by this subsection shall
make a recommendation on the appli-
2 cation as to the necessity for the
issuance of the restricted license, and
3 the recommendation shall be
transmitted, with the application, to the
4 division of vehicles. If the division
finds that it is necessary to issue the
5 restricted license, it shall issue a
driver's license to the person.
6 A restricted class C
license issued under this subsection shall entitle
7 the licensee, while possessing the
license, to operate any motor vehicle
8 in class C, as designated in K.S.A.
8-234b, and amendments thereto. A
9 restricted class M license shall
entitle the licensee, while possessing such
10 license, to operate a motorcycle. The
restricted license shall entitle the
11 licensee to operate the appropriate vehicle
at any time at any
time:
12
(1) Between the
hours of 5 a.m. and 12 o'clock midnight:
13 (A)
(1) While going to or from or in connection with
any job, em-
14 ployment or farm-related work;
(2) or
15 (B)
(2) on days while school is in session, over the
most direct and
16 accessible route between the licensee's
residence and school of enroll-
17 ment for the purposes of school attendance;
(3)
18
(2) (3) when
the licensee is operating a passenger car, at any time
19 when accompanied by an adult who is
(tri-stars)e at least
21 years of age and is
20 a the holder
of a valid commercial driver's license, class A, B or C
driver's
21 license and who is actually occupying a
seat beside the driver; or (4)
22
(3) (4) when
the licensee is operating a motorcycle, at any time when
23 accompanied by an adult who is
(tri-stars)e at least
21 years of age and is a the
24 holder of a valid class M driver's license
and who is operating a motorcycle
25 in the general proximity of the
licensee.
26 Any licensee issued a
restricted license under this subsection shall not
27 operate any motor vehicle with nonsibling
minor passengers and any
28 conviction for violating this
provision shall be construed as a mov-
29 ing traffic violation for the purpose
of K.S.A. 8-255, and amend-
30 ments thereto.
31 A restricted driver's license
issued under this subsection is subject to
32 suspension or revocation in the same manner
as any other driver's license.
33 In addition, the division may suspend the
restricted driver's license upon
34 receiving satisfactory evidence that: (1)
The licensee has violated the re-
35 striction of the license, (2) the licensee
has been involved in two or more
36 accidents chargeable to the
licensee; or (3) the recommendation of the
37 chief law enforcement officer of any city
or county requiring the rec-
38 ommendation has been withdrawn. The
suspended license shall not be
39 reinstated for one year or until the
licensee reaches the age of 16
17 16,
40 whichever period is
longer.
41
Any licensee issued a restricted license under this subsection
who is
42 under the age of
17 16 years and is
convicted of two or more traffic
43 violations committed on separate
occasions shall not be eligible to receive
SB 417--Am.
3
1 a driver's license which is not
restricted in accordance with the provisions
2 of this subsection until the
person reaches 18 17
years of age.
3 (b) Who
is under the age of 18 years, except as provided in
K.S.A.
4 1997 Supp. 8-2,147, and
amendments thereto, for the purpose of driving
5 a commercial or class A or
B motor vehicle.
6
(c) Whose license is currently revoked, suspended or canceled
in this
7 or any other state, except
as provided in K.S.A. 8-256, and amendments
8 thereto.
9 (d) Who
is a habitual drunkard, habitual user of narcotic drugs
or
10 habitual user of any other drug
to a degree which renders the user in-
11 capable of safely driving a
motor vehicle.
12 (e) Who has
previously been adjudged to be afflicted with or
suffering
13 from any mental disability or
disease and who, at the time of making
14 application for a driver's
license, has not been restored to capacity in the
15 manner provided by law.
Application of this limitation to any person
16 known to have suffered any
seizure disorder is subject to the provisions
17 of paragraph (7) of subsection
(e) of K.S.A. 8-247, and amendments
18 thereto.
19 (f) Who is
required by the motor vehicle drivers' license act to
take
20 an examination, unless the
person has successfully passed the examina-
21 tion.
22 (g) Who is at
least 16 17
16 years of age and less than 17
18 17 years
23 of age, who is applying for a
driver's license for the first time since reach-
24 ing 16
17 16 years of
age and who, three times or more, has been ad-
25 judged to be a traffic offender
under the Kansas juvenile code or a ju-
26 venile offender under the Kansas
juvenile justice code, by reason of
27 violation of one or more statutes
regulating the movement of traffic on
28 the roads, streets or highways of
this state, except that, in the discretion
29 of the director, the person may be
issued a driver's license which is re-
30 stricted in the manner the division
deems to be appropriate. No person
31 described by this subsection shall
be eligible to receive a driver's license
32 which is not restricted until the
person has reached the age of 17
18 17
33 years.
34
Sec. 3. K.S.A. 1997 Supp. 8-239 is hereby amended to read
as fol-
35 lows: 8-239. (a) Any person who is
at least 14 years of age may apply to
36 the division for an instruction
permit. The division may in its discretion,
37 after the applicant has
successfully passed all parts of the examination
38 other than the driving test, issue
to the applicant an instruction permit
39 which shall entitle the applicant
while having such permit in such person's
40 immediate possession to drive a
passenger car upon the public highways
41 for a period of one year subject to
the restrictions herein contained. The
42 division may issue an instruction
or restricted instruction permit to any
43 person who is at least 14 years of
age and under the age of 16
17 16
years
SB 417--Am.
4
1 only upon the written
application of a parent or guardian of the minor.
2 The one having the
instruction permit may operate a passenger car at any
3 time when accompanied by an
adult who is (tri-stars)e
at least 21 years of age,
4 is a
the holder of a valid commercial driver's license,
class A, B or C
5 driver's license, who has had at
least one year of driving experience and
6 who is occupying a seat beside the
driver. Any person who is at least 14
7 years of age may apply for an
instruction permit to operate a motorcycle
8 either separate from or in
conjunction with an instruction permit to op-
9 erate a passenger car, and such
permit shall entitle the permittee to op-
10 erate a motorcycle if such person is
accompanied by an adult who is
(tri-stars)e
11 at least 21
years of age, is a the holder of a valid class M
driver's license,
12 who has had at least one year of
driving experience and who is riding a
13 motorcycle in the general
proximity of the permittee.
14 (b) The
division upon receiving proper application may issue in
its
15 discretion a restricted
instruction permit effective for a school year or
for
16 a more restricted period to an
applicant who is at least 14 years of age
17 and who is enrolled in a
driver-education program which includes practice
18 driving and which is approved by
the division, even though the applicant
19 has not reached the legal age to
be eligible for a driver's license. Such
20 instruction permit shall entitle
the permittee when the person has such
21 permit in such person's
immediate possession to operate a passenger car
22 only on a designated highway or
within a designated area but only when
23 an approved instructor is
occupying a seat beside the permittee or when
24 such permit has been endorsed by
an approved instructor to operate a
25 passenger car with a parent or
guardian who is the holder of a valid
26 commercial driver's license,
class A, B or C driver's license, who has had
27 at least one year of driving
experience and who is occupying a seat beside
28 the driver.
29 (c) The
division, in its discretion, may issue a temporary driver's
per-
30 mit to an applicant for a
classified driver's license permitting the
applicant
31 to operate a motor vehicle
within such classification while the division is
32 completing its investigation and
determination of all facts relative to such
33 applicant's right to receive a
driver's license. The division may issue such
34 a temporary driver's permit to
any applicant whose employer certifies
35 that such permit is necessary to
complete seasonal agricultural operations
36 of the employer. Any such
temporary driver's permit issued pursuant to
37 this subsection shall be in the
immediate possession of the permittee
38 while operating a motor vehicle,
and it shall be invalid on the date spec-
39 ified thereon, which shall not
be more than 15 days after its issuance, or
40 when the applicant's license has
been issued or for good cause has been
41 refused.
42
Sec. 4. K.S.A. 1997 Supp. 8-296 is hereby amended to read
as fol-
43 lows: 8-296. (a) Any person who
is less than 16 17
16 years of age but is
SB 417--Am.
5
1 at least 14 years of age and
who resides upon a farm in this state or is
2 employed for compensation
upon a farm in this state may apply to the
3 division of vehicles for a
farm permit authorizing such person, while pos-
4 sessing the permit, to
operate any motor vehicle in class C, as designated
5 in K.S.A. 8-234b, and
amendments thereto. The farm permit shall entitle
6 the licensee to operate such
motor vehicles at any time at any
time:
7
(1) Between the hours of 5 a.m. and 12
o'clock midnight:
8
(1) (A)
(1) While going to or from or in connection with
any farm
9 job, employment or other
farm-related work; or
10
(2) (B)
(2) on days while school is in session, over the
most direct
11 and accessible route between the
licensee's residence and school of en-
12 rollment for the purpose of school
attendance; or
13
(3) (2)
(3) when the licensee is operating a
passenger car at any time
14 when accompanied by an adult who is
(tri-stars)e at least
21 years of age, is a
15 the holder of a valid
commercial driver's license, class A, B or C driver's
16 license and who is actually occupying a
seat beside the driver.
17 (b) A farm permit shall
be issued only if:
18 (1) The applicant can
prove that such applicant resides or works on
19 a farm;
20 (2) the applicant has
successfully completed the examination require-
21 ments in K.S.A. 8-235d, and amendments
thereto; and and
22 (3) the
applicant submits the signed affidavit of either a parent
or
23 guardian, stating that the
applicant lives on a farm or, if the applicant
24 does not live on a farm but works
on a farm, the applicant submits the
25 signed affidavit of the applicant's
employer and parent or guardian, at-
26 testing to such
employment . ;
and.
27 (4) a signed
affidavit of either a parent or guardian, stating that
the
28 applicant has completed at least 50
hours of actual driving with at least
29 10 of those hours being at
night.
30 (c) Any licensee issued
a farm permit under this section shall not
31 operate any motor vehicle with nonsibling
minor passengers and any
32 conviction for violating this
provision shall be construed as a mov-
33 ing traffic violation for the purpose
of K.S.A. 8-255, and amend-
34 ments thereto.
35 (d) As used in this
section, ``farm'' means any parcel of land larger
36 than 20 acres which is used in agricultural
operations.
37 (e) A farm permit issued
under this section is subject to suspension
38 or revocation in the same manner as any
other driver's license. A person
39 who has been issued a farm permit and who
violates this section by driving
40 beyond the scope allowed in subsection (a)
shall lose the farm permit and
41 shall be issued no other driver's license
for a period of one year or until
42 the person reaches 16
17 16 years of age,
whichever period is longer.
43
(f) Any licensee issued a farm permit under this section
who is under
SB 417--Am.
6
1 the age of
17 16 years and is
convicted of two or more moving traffic
2 violations committed on separate
occasions shall not be eligible to receive
3 a driver's license which is not
restricted in accordance with the provisions
4 of subsection (a), until the
person reaches 18 17
years of age.
5
Sec. 5. K.S.A. 1997 Supp. 8-237, 8-239 and 8-296 are
hereby re-
6 pealed.
7
Sec. 6. This act shall take effect and be in force from
and after its
8 publication in the statute
book.
9