Session of 1998
By Committee on Transportation
            9             AN ACT regulating traffic; concerning permits for oversize or overweight
10             vehicles; amending K.S.A. 1997 Supp. 8-1911 and repealing the exist-
11             ing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 8-1911 is hereby amended to read as
15       follows: 8-1911. (a) The secretary of transportation with respect to high-
16       ways under the secretary's jurisdiction and local authorities with respect
17       to highways under their jurisdiction, in their discretion, upon application,
18       may issue a special permit, which term shall include an authorization
19       number, to the owner or operator of an oversize or overweight vehicle.
20       The special permit shall authorize the special permit holder to operate
21       or move a vehicle or combination of vehicles which exceed the limitations
22       of this act, on a route, or routes, designated in the special permit and in
23       accordance with the terms and conditions of the special permit.
24           (b) The application for the permit shall describe the vehicle, or com-
25       bination of vehicles and all loads or cargo for which the special permit is
26       requested, the route or routes on which operation is sought and whether
27       a single trip or annual operation is requested. One special permit may be
28       issued for a vehicle or combination of vehicles, that are both oversize and
29       overweight. A special permit under this section may be for a single trip
30       or for annual operation. The special permit shall designate the route or
31       routes that may be used and any other terms, conditions or restrictions
32       deemed necessary. The secretary of transportation shall charge a fee for
33       each permit or authorization number issued as provided for in subsection
34       (f). No permit shall be required to authorize the moving or operating
35       upon any highway of farm tractors, combines, fertilizer dispensing equip-
36       ment or other farm machinery, or machinery being transported to be used
37       for terracing or soil or water conservation work upon farms, or vehicles
38       owned by counties, cities and other political subdivisions of the state,
39       except that this sentence shall not: (1) Exempt trucks owned by counties,
40       cities and other political subdivisions specifically designed and equipped
41       and used exclusively for garbage, refuse or solid waste disposal operations
42       from the maximum gross weight limitations contained in the table in
43       K.S.A. 8-1909, and amendments thereto; or (2) authorize travel on inter-

HB 2691


  1       state highways.
  2           (c) A permit shall be valid only when the registration on the power
  3       unit is equal to or exceeds the total gross weight of the vehicle. When the
  4       gross weight of the vehicle exceeds the upper limit of the available reg-
  5       istration, the maximum amount of registration must be purchased.
  6           (d) The secretary or local authority may issue or withhold the permit
  7       at the secretary's or local authority's discretion or may limit the number
  8       of trips, or establish seasonal or other time limitations within which the
  9       vehicles described may be operated on the highways, or may otherwise
10       limit or prescribe conditions of operations of such vehicle or combination
11       of vehicles, when necessary to assure against undue damage to the road.
12       The secretary or local authority may require such undertaking or other
13       security as may be deemed necessary to compensate for any injury to any
14       roadway or road structure.
15           (e) Every permit shall be carried in the vehicle or combination of
16       vehicles to which it refers and shall be open to inspection by any police
17       officer or authorized agent of any authority granting the permit. It shall
18       be unlawful for any person to violate any of the terms or conditions of
19       special permit.
20           (f) The secretary of transportation shall charge and collect fees as
21       follows:
22           (1) Five dollars for each single-trip permit;
23           (2) one hundred and twenty-five dollars for each annual permit; or
24           (3) two thousand dollars per year for each qualified carrier company
25       for special vehicle combination permits authorized under K.S.A. 8-1915,
26       and amendments thereto, plus $50 per year for each power unit operating
27       under such annual permit.
28           No fees shall be charged for permits issued for vehicles owned by
29       counties, cities and other political subdivisions of the state. All permit
30       fees received under this section shall be remitted to the state treasurer
31       who shall deposit the same in the state treasury and shall be credited to
32       the state highway fund. The secretary may adopt rules and regulations
33       for payment and collection of all fees. The secretary may adopt rules and
34       regulations implementing the provisions of this section to prescribe stan-
35       dards for any permit program to enhance highway safety.
36           (g) If any local authority does not desire to exercise the powers con-
37       ferred on it by this section to issue or deny permits then such a permit
38       from the local authority shall not be required to operate any such vehicle
39       or combination of vehicles on highways under the jurisdiction of such
40       local authority, but in no event shall the jurisdiction of the local authority
41       be construed as extending to any portion of any state highway, any city
42       street designated by the secretary as a connecting link in the state highway
43       system or any highway within the national system of interstate and de-

HB 2691


  1       fense highways, which highways and streets, for the purpose of this sec-
  2       tion, shall be under the jurisdiction of the secretary.
  3           (h) A house trailer, manufactured home or mobile home which ex-
  4       ceeds the width as provided in subsection (a) of K.S.A. 8-1902, and
  5       amendments thereto, may be moved on the highways of this state by
  6       obtaining a permit as provided in this section, if:
  7           (1) The width of such house trailer, manufactured home or mobile
  8       home does not exceed 161/2 feet;
  9           (2) the driver of the vehicle pulling the house trailer, manufactured
10       home or mobile home has a valid driver's license; and
11           (3) the driver carries evidence that the housetrailer, manufactured
12       home or mobile home, and the vehicle pulling it, are covered by motor
13       vehicle liability insurance with limits of not less than $100,000 for injury
14       to any one person, and $300,000 for injury to persons in any one accident,
15       and $25,000 for injury to property.
16           For the purposes of this subsection, the terms ``manufactured home''
17       and ``mobile home'' shall have the meanings ascribed to them by K.S.A.
18       58-4202, and amendments thereto.
19           (i) Upon proper application stating the description and registration
20       of each power unit, the secretary of transportation shall issue permits for
21       a period, from May 1 to November 15, for custom combine operators to
22       tow custom-combine equipment on a trailer within legal dimensions or a
23       trailer especially designed for the transportation of combines or combine
24       equipment at the rate of $10 per power unit. Each application shall be
25       accompanied by information as required by the secretary. The permit
26       shall allow custom combine operators to haul two combine headers on
27       designated interstate highways provided:
28           (1) The vehicle plus the load do not exceed 14 feet in width;
29           (2) the move is completed during the period beginning 30 minutes
30       before sunrise and ending 30 minutes after sunset; and
31           (3) the vehicle plus the load are not overweight.
32           (j) If it is determined by the secretary of transportation that a person
33       has been granted a permit and has not complied with the applicable pro-
34       visions of this section and the rules and regulations of the secretary of
35       transportation relating thereto, the secretary may cancel the permit and
36       may refuse to grant future permits to the individual.
37           Sec. 2. K.S.A. 1997 Supp. 8-1911 is hereby repealed.
38           Sec. 3. This act shall take effect and be in force from and after its
39       publication in the statute book.