Session of 2000
HOUSE BILL No. 2921
By Representative Klein
2-9
9 AN ACT
relating to drivers' licenses; concerning motorized bicycles;
10 amending K.S.A. 1999
Supp. 8-235 and 8-293 and repealing the exist-
11 ing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 8-235 is hereby amended to read as
15 follows: 8-235. (a) No person, except those
expressly exempted, shall drive
16 any motor vehicle upon a highway in this
state unless such person has a
17 valid driver's license. No person shall
receive a driver's license unless and
18 until such person surrenders or with the
approval of the division, lists to
19 the division all valid licenses in such
person's possession issued to such
20 person by any other jurisdiction. All
surrendered licenses or the infor-
21 mation listed on foreign licenses shall be
returned by the division to the
22 issuing department, together with
information that the licensee is now
23 licensed in a new jurisdiction. No person
shall be permitted to have more
24 than one valid license at any time.
25 (b) Any person
licensed under the motor vehicle drivers' license act
26 may exercise the privilege granted upon all
streets and highways in this
27 state and shall not be required to obtain
any other license to exercise such
28 privilege by any local authority. Nothing
herein shall prevent cities from
29 requiring licenses of persons who drive
taxicabs or municipally franchised
30 transit systems for hire upon city streets,
to protect the public from drivers
31 whose character or habits make them unfit
to transport the public. If a
32 license is denied, the applicant may appeal
such decision to the district
33 court of the county in which such city is
located by filing within 10 days
34 after such denial, a notice of appeal with
the clerk of the district court
35 and by filing a copy of such notice with
the city clerk of the involved city.
36 The city clerk shall certify a copy of such
decision of the city governing
37 body to the clerk of the district court and
the matter shall be docketed
38 as any other cause and the applicant shall
be granted a trial of such per-
39 son's character and habits. The matter
shall be heard by the court de novo
40 in accordance with the code of civil
procedure. The cost of such appeal
41 shall be assessed in such manner as the
court may direct.
42 (c) Any person
operating in this state a motor vehicle, except a mo-
43 torcycle, which is registered in this state
other than under a temporary
2
1 thirty-day permit shall be the holder
of a driver's license which is classified
2 for the operation of such motor
vehicle, and any person operating in this
3 state a motorcycle which is
registered in this state shall be the holder of
4 a class M driver's license, except
that any person operating in this state a
5 motorcycle which is registered under
a temporary thirty-day permit shall
6 be the holder of a driver's license
for any class of motor vehicles.
7 (d) No
person shall drive any motorized bicycle upon a highway of
8 this state unless: (1) Such person
has a valid driver's license which entitles
9 the licensee to drive a motor vehicle
in any class or classes; or (2) such
10 person is at least 15 years of age and has
passed the written and visual
11 examinations required for obtaining a class
C driver's license, in which
12 case the division shall issue to such
person a class C license which clearly
13 indicates such license is valid only for
the operation of motorized bicycles;
14 or (3) such person has had their driving
privileges suspended and has
15 made application to the division for the
issuance of a class C license for
16 the operation of motorized bicycles, in
accordance with paragraph (2), in
17 which case the division shall issue to
such person a class C license which
18 clearly indicates such license is valid
only for the operation of motorized
19 bicycles.
20 (e) Violation of
this section shall constitute a class B misdemeanor.
21 Sec.
2. K.S.A. 1999 Supp. 8-293 is hereby amended to read as
fol-
22 lows: 8-293. Except as provided in
paragraph (3) of subsection (d) of
23 K.S.A. 8-235, and amendments
thereto, no licensee shall be issued a new
24 or replacement driver's license if: (a) The
license has been surrendered
25 pursuant to K.S.A. 8-1001, and amendments
thereto; (b) the licensee has
26 been issued a temporary license; or (c) a
suspension, revocation or can-
27 cellation order has been stayed by a court
or by the division of vehicles.
28 Sec. 3. K.S.A. 1999 Supp. 8-235
and 8-293 are hereby repealed.
29 Sec. 4. This act shall
take effect and be in force from and after its
30 publication in the statute book.