CHAPTER 61 HOUSE BILL No. 2158 An Act concerning authorized emergency vehicles; designating wreckers, tow trucks or car
carriers as authorized emergency vehicles; amending K.S.A. 8-1404, 8-2010 and 8-2010a
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. (a) Wreckers, tow trucks or car carriers designated
as authorized emergency vehicles under subsection (c) of K.S.A. 8-2010,
and amendments thereto, shall operate such lights authorized under
K.S.A. 8-1720, and amendments thereto, only when such wreckers, tow
trucks or car carriers are stationary and providing wrecker or towing serv-
ice at the scene of a vehicle accident or providing emergency service on
the side of a highway.

      (b) The provisions of this section shall be part of and supplemental
to the uniform act regulating traffic on highways.

      Sec.  2. K.S.A. 8-1404 is hereby amended to read as follows: 8-1404.
``Authorized emergency vehicle'' means such fire department vehicles or
police bicycles or police vehicles which are publicly owned; motor vehicles
operated by ambulance services permitted by the emergency medical
services board under the provisions of K.S.A. 65-6101 et seq., and amend-
ments thereto; wreckers, tow trucks or car carriers, as defined by K.S.A.
66-1329, and amendments thereto, and having a certificate of public serv-
ice from the state corporation commission; and such other publicly or
privately owned vehicles which are designated as emergency vehicles pur-
suant to K.S.A. 8-2010, and amendments thereto.

      Sec.  3. K.S.A. 8-2010 is hereby amended to read as follows: 8-2010.
(a) Any particular vehicle listed in subsection (b) of K.S.A. 8-2010a, and
amendments thereto, shall be designated, by the board of county com-
missioners in which such vehicle is located, as an authorized emergency
vehicle upon the filing of an application pursuant to K.S.A. 8-2010a, and
amendments thereto and a finding that designation of such vehicle is
necessary to the preservation of life or property or to the execution of
emergency governmental functions. The designation shall be in writing
and the written designation shall be carried in the vehicle at all times, but
failure to carry the written designation shall not affect the status of the
vehicle as an authorized emergency vehicle.

      (b) Any vehicle designated as an authorized emergency vehicle prior
to the effective date of this act, may continue to operate as an authorized
emergency vehicle, as long as: (1) The ownership of such vehicle remains
unchanged; and (2) the use of such vehicle for purposes for which such
vehicle was designated remains unchanged, except that all future opera-
tion of such vehicle as an authorized emergency vehicle shall be in ac-
cordance with this section and such other applicable provisions of law.

      (c) The following vehicles shall not be required to be designated by
the board of county commissioners as authorized emergency vehicles:

      (1) Fire department vehicles or police vehicles which are publicly
owned, and;

      (2) motor vehicles operated by ambulance services permitted by the
emergency medical services board under the provisions of K.S.A. 65-6101
et seq., and amendments thereto, shall not be required to be designated
by the board of county commissioners as authorized emergency vehicles;
and

      (3) wreckers, tow trucks or car carriers, as defined by K.S.A. 66-1329,
and amendments thereto, and having a certificate of public service from
the state corporation commission.

      (d) Any vehicle designated under the provisions of this section, as an
authorized emergency vehicle in the county in which such vehicle is lo-
cated, shall be a valid designation of such vehicle in any other county and
such vehicle shall be authorized to operate as an authorized emergency
vehicle without being required to obtain any additional designation in any
other county.

      Sec.  4. K.S.A. 8-2010a is hereby amended to read as follows: 8-
2010a. (a) An application for the designation of a vehicle as an authorized
emergency vehicle pursuant to K.S.A. 8-2010, and amendments thereto,
shall be submitted to the board of county commissioners in the county in
which such vehicle is located and shall be completed and
signed: (1) By the individual applicant;

      (2) if a partnership, by a member of the partnership or an authorized
agent; or

      (3) if a corporation or municipality, by an officer or authorized agent
of the corporation or municipality.

      (b) The following vehicles, upon approval by the board of county
commissioners, may be designated as emergency vehicles:

      (1) Wreckers;

      (2) (1) Civil defense vehicles;

      (3) (2) emergency vehicles operated by public utilities;

      (4) (3) the privately owned vehicles of firefighters or volunteer fire-
fighters;

      (5) (4) the privately owned vehicles of police officers; or

      (6) (5) any other vehicle, when it is determined by the board of county
commissioners that such designation is necessary to the preservation of
life or property or carrying out of emergency governmental functions.

      Sec.  5. K.S.A. 8-1404, 8-2010 and 8-2010a are hereby repealed.

      Sec.  6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 14, 2003.
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