House Status:
Senate Status:
Senate Status:
Minutes for SB171 - Committee on Transportation
Short Title
Removing prohibitions against certain persons from obtaining a license to drive a motorized bicycle.
Minutes Content for Thu, Feb 16, 2017
Chairperson Petersen opened the hearing on this bill. Mr. Wells gave a briefing. Under current law, a person whose driver's license has been suspended or revoked can apply to the Division of Vehicles to get a Class C driver's license that authorizes the licensee to operate only a motorized bicycle (moped). Someone who has any of several alcohol-related violations may not do so. This bill would remove that prohibition and allow those persons to apply for and receive the motorized bicycle license. He stood for questions.
Senator Hawk asked if it was legal for a person with this license to ride motorcycles. Mr. Wells said no, just a moped.
Judge Phil Journey gave proponent testimony (Attachment 1) noting the bill would give people a way to work. Judge Journey is a district court judge in Wichita and has been assigned to the traffic department of Sedgwick County. The court handles about 22,000 citations, 1,800 driving under the influence (DUI) cases, 1,500 PB's and this afternoon, he noted he has about 30 probation violations to handle, most of which are people driving to work, taking kids to school, and caught driving without a license again. Once they progress through the violations, things get pretty serious. Often the people don't know about the restricted license and then get their driver's license revoked for three years. These are people that still need to get to work, to go to the store, and to not get in trouble. Sometimes the people that need it the most are strapped with no means of transportation. Every time they get on the moped they will remember why, and, he hopes, that will help them to change their behavior patterns. He stood for questions.
Senator Hawk had a question about electric bicycles. Judge Journey said they are not regulated but can go only about 10 miles between charging sessions. Mopeds with gasoline engines are regulated.
Senator Hardy asked if a person can still get a ticket operating a moped. Judge Journey replied yes, he did have a case of a DUI on a moped, but there is reduced potential for injury to others given the slow velocity, lack of mass--he described it as a lot less dangerous than a 2,500 pound Honda Civic.
Senator Tyson asked if this would allow anyone with a DUI to be able to get to work. Judge Journey said often people whose licenses are suspended rationalize driving. If their ride doesn't show, they have a backup plan on the moped, and there is no excuse for them to get caught driving a car again. Senator Tyson asked about a person being pulled over and refusing a blood test. Judge Journey responded that legislation was passed that made refusal to test a crime. Every DUI has an administrative and a criminal side. The administrative deals with privilege to operate a vehicle. Refusal to test is a crime and Kansas has been the first to declare that unconstitutional. There are appellant cases pending.
There were no opponents and no neutral testimony.
Chairperson Petersen closed the hearing on this bill.
