Session of 1999
         
HOUSE BILL No. 2006
         
By Special Committee on Judiciary
          
1-11
          
  9             AN  ACT relating to drivers' licenses; concerning certain restrictions;
10             amending K.S.A. 1998 Supp. 8-237, 8-239 and 8-296 and repealing the
11             existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 8-237 is hereby amended to read as
15       follows: 8-237. The division of vehicles shall not issue any driver's license
16       to any person:
17             (a) Who is under the age of 16 17 years, except that the division may
18       issue a restricted class C or M license, as provided in this act, to any
19       person who: (1) Is at least 15 years of age; (2) has successfully completed
20       an approved course in driver training; (3) submits a signed affidavit of
21       either a parent or guardian, stating that the applicant has completed at
22       least 50 hours of actual driving with at least 10 of those hours being at
23       night; and (3) (4)upon the written application of the person's parent or
24       guardian. Except as hereafter provided, the application of the parent or
25       guardian shall be submitted to the division. The governing body of any
26       city, by ordinance, may require the application of any person who is under
27       16 years of age and who resides within the city to be first submitted to
28       the chief law enforcement officer of the city. The board of county com-
29       missioners of any county, by resolution, may require the application of
30       any person who is under 16 years of age and who resides within the county
31       and outside the corporate limits of any city to be first submitted to the
32       chief law enforcement officer of the county. No ordinance or resolution
33       authorized by this subsection shall become effective until a copy of it is
34       transmitted to the division of vehicles. The chief law enforcement officer
35       of any city or county which has adopted the ordinance or resolution au-
36       thorized by this subsection shall make a recommendation on the appli-
37       cation as to the necessity for the issuance of the restricted license, and
38       the recommendation shall be transmitted, with the application, to the
39       division of vehicles. If the division finds that it is necessary to issue the
40       restricted license, it shall issue a driver's license to the person.
41             A restricted class C license issued under this subsection shall entitle
42       the licensee, while possessing the license, to operate any motor vehicle
43       in class C, as designated in K.S.A. 8-234b, and amendments thereto. A

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  1       restricted class M license shall entitle the licensee, while possessing such
  2       license, to operate a motorcycle. The restricted license shall entitle the
  3       licensee to operate the appropriate vehicle at any time: (1) While going
  4       to or from or in connection with any job, employment or farm-related
  5       work;
  6             (2) on days while school is in session, over the most direct and ac-
  7       cessible route between the licensee's residence and school of enrollment
  8       for the purposes of school attendance;
  9             (3) when the licensee is operating a passenger car, at any time when
10       accompanied by an adult who is the at least 21 years of age and is a holder
11       of a valid commercial driver's license, class A, B or C driver's license and
12       who is actually occupying a seat beside the driver; or
13             (4) when the licensee is operating a motorcycle, at any time when
14       accompanied by an adult who is the at least 21 years of age and is a holder
15       of a valid class M driver's license and who is operating a motorcycle in
16       the general proximity of the licensee.
17             Any licensee issued a restricted license under this subsection shall not
18       operate any motor vehicle with nonsibling minor passengers.
19             A restricted driver's license issued under this subsection is subject to
20       suspension or revocation in the same manner as any other driver's license.
21       In addition, the division may suspend the restricted driver's license upon
22       receiving satisfactory evidence that: (1) The licensee has violated the re-
23       striction of the license, (2) the licensee has been involved in two or more
24       accidents chargeable to the licensee or (3) the recommendation of the
25       chief law enforcement officer of any city or county requiring the rec-
26       ommendation has been withdrawn. The suspended license shall not be
27       reinstated for one year or until the licensee reaches the age of 16 17,
28       whichever period is longer.
29             Any licensee issued a restricted license under this subsection who is
30       under the age of 17 years and is convicted of two or more traffic violations
31       committed on separate occasions shall not be eligible to receive a driver's
32       license which is not restricted in accordance with the provisions of this
33       subsection until the person reaches 18 years of age.
34             (b) Who is under the age of 18 years, except as provided in K.S.A.
35       1998 Supp. 8-2,147, and amendments thereto, for the purpose of driving
36       a commercial or class A or B motor vehicle.
37             (c) Whose license is currently revoked, suspended or canceled in this
38       or any other state, except as provided in K.S.A. 8-256, and amendments
39       thereto.
40             (d) Who is a habitual drunkard, habitual user of narcotic drugs or
41       habitual user of any other drug to a degree which renders the user in-
42       capable of safely driving a motor vehicle.
43             (e) Who has previously been adjudged to be afflicted with or suffering

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  1       from any mental disability or disease and who, at the time of making
  2       application for a driver's license, has not been restored to capacity in the
  3       manner provided by law. Application of this limitation to any person
  4       known to have suffered any seizure disorder is subject to the provisions
  5       of paragraph (7) of subsection (e) of K.S.A. 8-247, and amendments
  6       thereto.
  7             (f) Who is required by the motor vehicle drivers' license act to take
  8       an examination, unless the person has successfully passed the
  9       examination.
10             (g) Who is at least 16 17 years of age and less than 1718 years of age,
11       who is applying for a driver's license for the first time since reaching 1617
12       years of age and who, three times or more, has been adjudged to be a
13       traffic offender under the Kansas juvenile code or a juvenile offender
14       under the Kansas juvenile justice code, by reason of violation of one or
15       more statutes regulating the movement of traffic on the roads, streets or
16       highways of this state, except that, in the discretion of the director, the
17       person may be issued a driver's license which is restricted in the manner
18       the division deems to be appropriate. No person described by this sub-
19       section shall be eligible to receive a driver's license which is not restricted
20       until the person has reached the age of 17 18years.
21             (h) Notwithstanding any other provisions of this act, any person who
22       is at least 16 years of age and holds a valid class C or class M driver's
23       license on the effective date of this act may continue to operate motor
24       vehicles subject to the same conditions, limitations and restrictions as
25       contained in the law in effect on June 30, 1999.
26             Sec.  2. K.S.A. 1998 Supp. 8-239 is hereby amended to read as fol-
27       lows: 8-239. (a) Any person who is at least 14 years of age may apply to
28       the division for an instruction permit. The division may in its discretion,
29       after the applicant has successfully passed all parts of the examination
30       other than the driving test, issue to the applicant an instruction permit
31       which shall entitle the applicant while having such permit in such person's
32       immediate possession to drive a passenger car upon the public highways
33       for a period of one year subject to the restrictions herein contained. The
34       division may issue an instruction or restricted instruction permit to any
35       person who is at least 14 years of age and under the age of 16 17years
36       only upon the written application of a parent or guardian of the minor.
37       The one having the instruction permit may operate a passenger car at any
38       time when accompanied by an adult who is the at least 21 years of age,
39       is a holder of a valid commercial driver's license, class B or C driver's
40       license, who has had at least one year of driving experience and who is
41       occupying a seat beside the driver. Any person who is at least 14 years of
42       age may apply for an instruction permit to operate a motorcycle either
43       separate from or in conjunction with an instruction permit to operate a

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  1       passenger car, and such permit shall entitle the permittee to operate a
  2       motorcycle if such person is accompanied by an adult who is the at least
  3       21 years of age, is aholder of a valid class M driver's license, who has had
  4       at least one year of driving experience and who is riding a motorcycle in
  5       the general proximity of the permittee.
  6             (b) The division upon receiving proper application may issue in its
  7       discretion a restricted instruction permit effective for a school year or for
  8       a more restricted period to an applicant who is at least 14 years of age
  9       and who is enrolled in a driver-education program which includes practice
10       driving and which is approved by the division, even though the applicant
11       has not reached the legal age to be eligible for a driver's license. Such
12       instruction permit shall entitle the permittee when the person has such
13       permit in such person's immediate possession to operate a passenger car
14       only on a designated highway or within a designated area but only when
15       an approved instructor is occupying a seat beside the permittee or when
16       such permit has been endorsed by an approved instructor to operate a
17       passenger car with a parent or guardian who is the holder of a valid
18       commercial driver's license, class A, B or C driver's license, who has had
19       at least one year of driving experience and who is occupying a seat beside
20       the driver.
21             (c) The division, in its discretion, may issue a temporary driver's per-
22       mit to an applicant for a classified driver's license permitting the applicant
23       to operate a motor vehicle within such classification while the division is
24       completing its investigation and determination of all facts relative to such
25       applicant's right to receive a driver's license. The division may issue such
26       a temporary driver's permit to any applicant whose employer certifies
27       that such permit is necessary to complete seasonal agricultural operations
28       of the employer. Any such temporary driver's permit issued pursuant to
29       this subsection shall be in the immediate possession of the permittee
30       while operating a motor vehicle, and it shall be invalid on the date spec-
31       ified thereon, which shall not be more than 15 days after its issuance, or
32       when the applicant's license has been issued or for good cause has been
33       refused.
34             Sec.  3. K.S.A. 1998 Supp. 8-296 is hereby amended to read as fol-
35       lows: 8-296. (a) Any person who is less than 16 17 years of age but is at
36       least 14 years of age and who resides upon a farm in this state or is
37       employed for compensation upon a farm in this state may apply to the
38       division of vehicles for a farm permit authorizing such person, while pos-
39       sessing the permit, to operate any motor vehicle in class C, as designated
40       in K.S.A. 8-234b, and amendments thereto. The farm permit shall entitle
41       the licensee to operate such motor vehicles at any time:
42             (1) While going to or from or in connection with any farm job, em-
43       ployment or other farm-related work; or

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  1             (2) on days while school is in session, over the most direct and ac-
  2       cessible route between the licensee's residence and school of enrollment
  3       for the purpose of school attendance; or
  4             (3) when the licensee is operating a passenger car at any time when
  5       accompanied by an adult who is the at least 21 years of age, is aholder of
  6       a valid commercial driver's license, class A, B or C driver's license and
  7       who is actually occupying a seat beside the driver.
  8             (b) A farm permit shall be issued only if:
  9             (1) The applicant can prove that such applicant resides or works on
10       a farm;
11             (2) the applicant has successfully completed the examination require-
12       ments in K.S.A. 8-235d, and amendments thereto; and
13             (3) the applicant submits the signed affidavit of either a parent or
14       guardian, stating that the applicant lives on a farm or, if the applicant
15       does not live on a farm but works on a farm, the applicant submits the
16       signed affidavit of the applicant's employer and parent or guardian, at-
17       testing to such employment. ; and
18             (4) the applicant submits a signed affidavit of either a parent or
19       guardian, stating that the applicant has completed at least 50 hours of
20       actual driving with at least 10 of those hours being at night.
21             (c) Any licensee issued a farm permit under this section shall not
22       operate any motor vehicle with nonsibling minor passengers.
23             (d) As used in this section, "farm" means any parcel of land larger
24       than 20 acres which is used in agricultural operations.
25             (e) A farm permit issued under this section is subject to suspension
26       or revocation in the same manner as any other driver's license. A person
27       who has been issued a farm permit and who violates this section by driving
28       beyond the scope allowed in subsection (a) shall lose the farm permit and
29       shall be issued no other driver's license for a period of one year or until
30       the person reaches 16 17 years of age, whichever period is longer.
31             (f) Any licensee issued a farm permit under this section who is under
32       the age of 17 years and is convicted of two or more moving traffic viola-
33       tions committed on separate occasions shall not be eligible to receive a
34       driver's license, which is not restricted in accordance with the provisions
35       of subsection (a), until the person reaches 18 years of age.
36             (g) Notwithstanding any other provisions of this act, any person who
37       is at least 16 years of age and holds a valid farm permit on the effective
38       date of this act may continue to operate motor vehicles subject to the same
39       conditions, limitations and restrictions as contained in the law in effect
40       on June 30, 1999. 
41       Sec.  4. K.S.A. 1998 Supp. 8-237, 8-239 and 8-296 are hereby
42       repealed.

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  1        Sec.  5. This act shall take effect and be in force from and after its
  2       publication in the statute book.