As Amended by Senate Committee
Session of 2000
SENATE BILL No. 369
By Senator Harrington
9-7
11 AN ACT relating
to restricted drivers' licenses; concerning school-spon-
12 sored activities;
amending K.S.A. 1999 Supp. 8-237 and 8-296 and
13 repealing the existing
sections.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 Section
1. K.S.A. 1999 Supp. 8-237 is hereby amended to read as
17 follows: 8-237. The division of vehicles
shall not issue any driver's license
18 to any person:
19 (a) Who is under
the age of 16 years, except that the division may
20 issue a restricted class C or M license, as
provided in this act, to any
21 person who: (1) Is at least 15 years of
age; (2) has successfully completed
22 an approved course in driver training; (3)
has held an instructional permit
23 issued under the provisions of K.S.A.
8-239, and amendments thereto,
24 for a period of at least six months and has
completed at least 25 hours of
25 adult supervised driving; and (4) upon the
written application of the per-
26 son's parent or guardian. The required
adult supervised driving required
27 in clause (3) above shall be conducted by
an adult who is at least 21 years
28 of age and is the holder of a valid
commercial driver's license, class A, B
29 or C driver's license. Except as hereafter
provided, the application of the
30 parent or guardian shall be submitted to
the division. The governing body
31 of any city, by ordinance, may require the
application of any person who
32 is under 16 years of age and who resides
within the city to be first sub-
33 mitted to the chief law enforcement officer
of the city. The board of
34 county commissioners of any county, by
resolution, may require the ap-
35 plication of any person who is under 16
years of age and who resides
36 within the county and outside the corporate
limits of any city to be first
37 submitted to the chief law enforcement
officer of the county. No ordi-
38 nance or resolution authorized by this
subsection shall become effective
39 until a copy of it is transmitted to the
division of vehicles. The chief law
40 enforcement officer of any city or county
which has adopted the ordi-
41 nance or resolution authorized by this
subsection shall make a recom-
42 mendation on the application as to the
necessity for the issuance of the
43 restricted license, and the recommendation
shall be transmitted, with the
2
1 application, to the division of
vehicles. If the division finds that it is nec-
2 essary to issue the restricted
license, it shall issue a driver's license to the
3 person.
4 A restricted
class C license issued under this subsection shall entitle
5 the licensee, while possessing the
license, to operate any motor vehicle
6 in class C, as designated in K.S.A.
8-234b, and amendments thereto. A
7 restricted class M license shall
entitle the licensee, while possessing such
8 license, to operate a motorcycle. The
restricted license shall entitle the
9 licensee to operate the appropriate
vehicle at any time:
10 (1) While going
to or from or in connection with any job, employment
11 or farm-related work;
12 (2) on days while
school is in session or days on which
school-spon-
13 sored activities are
conducted, over the most direct and accessible
route
14 between the licensee's residence and school
of enrollment for the pur-
15 poses of school attendance or
participation in such school-sponsored
16 activities;
17 (3) on days on which
school activities, as defined by subsection
18 (a) of K.S.A. 72-133, and amendments
thereto, are conducted, over
19 the most direct and accessible route
between the licensee's resi-
20 dence and the licensee's school of
enrollment or property owned or
21 used by such school for the purpose
of conducting such school ac-
22 tivities, for the purpose of allowing
such licensee to participate in
23 such school activities. For the
purpose of this paragraph, "to par-
24 ticipate" shall not include merely
being a spectator at such school
25 activities;
26 (3)
(4) when the licensee is operating a passenger
car, at any time
27 when accompanied by an adult who is the
holder of a valid commercial
28 driver's license, class A, B or C driver's
license and who is actually oc-
29 cupying a seat beside the driver; or
30 (4)
(5) when the licensee is operating a motorcycle,
at any time when
31 accompanied by an adult who is the holder
of a valid class M driver's
32 license and who is operating a motorcycle
in the general proximity of the
33 licensee.
34 Any licensee issued a
restricted license under this subsection shall not
35 operate any motor vehicle with nonsibling
minor passengers and any con-
36 viction for violating this provision shall
be construed as a moving traffic
37 violation for the purpose of K.S.A. 8-255,
and amendments thereto.
38 A restricted driver's
license issued under this subsection is subject to
39 suspension or revocation in the same manner
as any other driver's license.
40 In addition, the division may suspend the
restricted driver's license upon
41 receiving satisfactory evidence that: (1)
The licensee has violated the re-
42 striction of the license, (2) the licensee
has been involved in two or more
43 accidents chargeable to the licensee or (3)
the recommendation of the
3
1 chief law enforcement officer of any
city or county requiring the rec-
2 ommendation has been withdrawn. The
suspended license shall not be
3 reinstated for one year or until the
licensee reaches the age of 16, which-
4 ever period is longer.
5 Any licensee
issued a restricted license under this subsection who: (1)
6 Is under the age of 16 years and is
convicted of two or more moving
7 traffic violations committed on
separate occasions shall not be eligible to
8 receive a driver's license which is
not restricted in accordance with the
9 provisions of this subsection until
the person reaches 17 years of age; or
10 (2) fails to provide the required affidavit
stating that the licensee has
11 completed at least 50 hours of adult
supervised driving with 10 of those
12 hours being at night shall not be eligible
to receive a driver's license which
13 is not restricted in accordance with the
provisions of this subsection until
14 the person provides such affidavit to the
division or the person reaches
15 17 years of age, whichever occurs
first.
16 Any licensee issued a
restricted license under this subsection on and
17 after July 1, 1999, shall provide prior to
reaching 16 years of age, a signed
18 affidavit of either a parent or guardian,
stating that the applicant has
19 completed the required 25 hours prior to
being issued a restricted license
20 and 25 hours of additional adult supervised
driving. Of the 50 hours re-
21 quired by this subsection, at least 10 of
those hours shall be at night. The
22 adult supervised driving shall be conducted
by an adult who is at least 21
23 years of age and is the holder of a valid
commercial driver's license, class
24 A, B or C driver's license.
25 Evidence of failure of
any licensee who was required to complete the
26 50 hours of adult supervised driving under
this subsection shall not be
27 admissible in any action for the purpose of
determining any aspect of
28 comparative negligence or mitigation of
damages.
29 (b) Who is under
the age of 18 years, except as provided in K.S.A.
30 1999 Supp. 8-2,147, and amendments thereto,
for the purpose of driving
31 a commercial or class A or B motor
vehicle.
32 (c) Whose license
is currently revoked, suspended or canceled in this
33 or any other state, except as provided in
K.S.A. 8-256, and amendments
34 thereto.
35 (d) Who is a
habitual drunkard, habitual user of narcotic drugs or
36 habitual user of any other drug to a degree
which renders the user in-
37 capable of safely driving a motor
vehicle.
38 (e) Who has
previously been adjudged to be afflicted with or suffering
39 from any mental disability or disease and
who, at the time of making
40 application for a driver's license, has not
been restored to capacity in the
41 manner provided by law. Application of this
limitation to any person
42 known to have suffered any seizure disorder
is subject to the provisions
43 of paragraph (7) of subsection (e) of
K.S.A. 8-247, and amendments
4
1 thereto.
2 (f) Who is
required by the motor vehicle drivers' license act to take
3 an examination, unless the person has
successfully passed the
4 examination.
5 (g) Who is
at least 16 years of age and less than 17 years of age, who
6 is applying for a driver's license
for the first time since reaching 16 years
7 of age and who, three times or more,
has been adjudged to be a traffic
8 offender under the Kansas juvenile
code or a juvenile offender under the
9 Kansas juvenile justice code, by
reason of violation of one or more statutes
10 regulating the movement of traffic on the
roads, streets or highways of
11 this state, except that, in the discretion
of the director, the person may
12 be issued a driver's license which is
restricted in the manner the division
13 deems to be appropriate. No person
described by this subsection shall be
14 eligible to receive a driver's license
which is not restricted until the person
15 has reached the age of 17 years.
16 Sec.
2. K.S.A. 1999 Supp. 8-296 is hereby amended to read as
fol-
17 lows: 8-296. (a) Any person who is less
than 16 years of age but is at least
18 14 years of age and who resides upon a farm
in this state or is employed
19 for compensation upon a farm in this state
may apply to the division of
20 vehicles for a farm permit authorizing such
person, while possessing the
21 permit, to operate any motor vehicle in
class C, as designated in K.S.A.
22 8-234b, and amendments thereto. The farm
permit shall entitle the li-
23 censee to operate such motor vehicles at
any time:
24 (1) While going
to or from or in connection with any farm job, em-
25 ployment or other farm-related work;
26 (2) on days while
school is in session or days on which
school-spon-
27 sored activities are
conducted, over the most direct and accessible
route
28 between the licensee's residence and school
of enrollment for the purpose
29 of school attendance or
participation in such school-sponsored activities;
30 or
31 (3) on days on which
school activities, as defined by subsection
32 (a) of K.S.A. 72-133, and amendments
thereto, are conducted, over
33 the most direct and accessible route
between the licensee's resi-
34 dence and the licensee's school of
enrollment or property owned or
35 used by such school for the purpose
of conducting such school ac-
36 tivities, for the purpose of allowing
such licensee to participate in
37 such school activities. For the
purpose of this paragraph, "to par-
38 ticipate" shall not include merely
being a spectator at such school
39 activities; or
40
(3) (4) when the licensee is
operating a passenger car at any time
41 when accompanied by an adult who is the
holder of a valid commercial
42 driver's license, class A, B or C driver's
license and who is actually oc-
43 cupying a seat beside the driver.
5
1 (b) A farm
permit shall be issued only if:
2 (1) The
applicant can prove that such applicant resides or works on
3 a farm;
4 (2) the
applicant has successfully completed the examination require-
5 ments in K.S.A. 8-235d, and
amendments thereto; and
6 (3) the
applicant submits the signed affidavit of either a parent or
7 guardian, stating that the applicant
lives on a farm or, if the applicant
8 does not live on a farm but works on
a farm, the applicant submits the
9 signed affidavit of the applicant's
employer and parent or guardian, at-
10 testing to such employment.
11 (c) Any licensee
issued a farm permit under this section shall not
12 operate any motor vehicle with nonsibling
minor passengers and any con-
13 viction for violating this provision shall
be construed as a moving traffic
14 violation for the purpose of K.S.A. 8-255,
and amendments thereto.
15 (d) As used in
this section, "farm" means any parcel of land larger
16 than 20 acres which is used in agricultural
operations.
17 (e) A farm permit
issued under this section is subject to suspension
18 or revocation in the same manner as any
other driver's license. A person
19 who has been issued a farm permit and who
violates this section by driving
20 beyond the scope allowed in subsection (a)
shall lose the farm permit and
21 shall be issued no other driver's license
for a period of one year or until
22 the person reaches 16 years of age,
whichever period is longer.
23 (f) Any licensee
issued a farm permit under this section on and after
24 July 1, 1999, shall provide prior to
reaching 16 years of age, a signed
25 affidavit of either a parent or guardian,
stating that the applicant has
26 completed at least 50 hours of adult
supervised driving with at least 10
27 of those hours being at night. The adult
supervised driving required by
28 this paragraph shall be conducted by an
adult who is at least 21 years of
29 age and is the holder of a valid commercial
driver's license, class A, B or
30 C driver's license.
31 Evidence of failure of
any licensee who was required to complete the
32 50 hours of adult supervised driving under
this subsection shall not be
33 admissible in any action for the purpose of
determining any aspect of
34 comparative negligence or mitigation of
damages.
35 (g) Any licensee
issued a farm permit under this section who: (1) Is
36 under the age of 16 years and is convicted
of two or more moving traffic
37 violations committed on separate occasions
shall not be eligible to receive
38 a driver's license which is not restricted
in accordance with the provisions
39 of subsection (a), until the person reaches
17 years of age; or (2) fails to
40 provide the affidavit required under
subsection (f), shall not be eligible
41 to receive a driver's license which is not
restricted in accordance with the
42 provisions of subsection (a), until the
person provides such affidavit to
43 the division or the person reaches 17 years
of age, whichever occurs first.
6
1 Sec. 3. K.S.A. 1999 Supp.
8-237 and 8-296 are hereby repealed.
2 Sec. 4. This act
shall take effect and be in force from and after its
3 publication in the Kansas
register.