HOUSE BILL No. 2663
(Amended by Chapter 134)
An Act regulating traffic; concerning electric personal
assistive mobility device; amending
K.S.A. 8-126, 8-1446, 8-1485 and 8-1486 and repealing the
Be it enacted by the Legislature of the State of Kansas:
New Section 1. ``Electric personal
assistive mobility device'' means
a self-balancing two nontandem wheeled device, designed to
only one person, with an electric propulsion system that limits the
imum speed of the device to 15 miles per hour or less.
Sec. 2. K.S.A. 8-126 is hereby
amended to read as follows: 8-126.
The following words and phrases when used in this act shall have
meanings respectively ascribed to them herein:
(a) ``Vehicle'' means every device in,
upon or by which any person or
property is or may be transported or drawn upon a public highway,
cepting electric personal assistive mobility devices or
devices moved by
human power or used exclusively upon stationary rails or
(b) ``Motor vehicle'' means every
vehicle, other than a motorized bi-
cycle or a motorized wheelchair, which is self-propelled.
(c) ``Truck'' means a motor vehicle which
is used for the transporta-
tion or delivery of freight and merchandise or more than 10
(d) ``Motorcycle'' means every motor
vehicle designed to travel on
not more than three wheels in contact with the ground, except any
vehicle as may be included within the term ``tractor'' as herein
(e) ``Truck tractor'' means every motor
vehicle designed and used
primarily for drawing other vehicles, and not so constructed as to
load other than a part of the weight of the vehicle or load so
(f) ``Farm tractor'' means every motor
vehicle designed and used as
a farm implement power unit operated with or without other
farm implements in any manner consistent with the structural design
such power unit.
(g) ``Road tractor'' means every motor
vehicle designed and used for
drawing other vehicles, and not so constructed as to carry any
thereon independently, or any part of the weight of a vehicle or
(h) ``Trailer'' means every vehicle
without motive power designed to
carry property or passengers wholly on its own structure and to be
by a motor vehicle.
(i) ``Semitrailer'' means every vehicle
of the trailer type so designed
and used in conjunction with a motor vehicle that some part of its
weight and that of its own load rests upon or is carried by another
(j) ``Pole trailer'' means any two-wheel
vehicle used as a trailer with
bolsters that support the load, and do not have a rack or body
to the tractor drawing the load.
(k) ``Specially constructed vehicle''
means any vehicle which shall not
have been originally constructed under a distinctive name, make,
or type, or which, if originally otherwise constructed shall have
terially altered by the removal of essential parts, or by the
substitution of essential parts, new or used, derived from other
or makes of vehicles.
(l) ``Foreign vehicle'' means every motor
vehicle, trailer or semitrailer
which shall be brought into this state otherwise than in ordinary
of business by or through a manufacturer or dealer and which has
been registered in this state.
(m) ``Person'' means every natural
person, firm, partnership, associ-
ation or corporation.
(n) ``Owner'' means a person who holds
the legal title of a vehicle, or
in the event a vehicle is the subject of an agreement for the
sale thereof with the right of purchase upon performance of the
tions stated in the agreement and with an immediate right of
vested in the conditional vendee or in the event a vehicle is
subject to a
lease of 30 days or more with an immediate right of possession
the lessee; or in the event a party having a security interest in a
is entitled to possession, then such conditional vendee or lessee
party shall be deemed the owner for the purpose of this act.
(o) ``Nonresident'' means every person
who is not a resident of this
(p) ``Manufacturer'' means every person
engaged in the business of
manufacturing motor vehicles, trailers or semitrailers.
(q) ``New vehicle dealer'' means every
person actively engaged in the
business of buying, selling or exchanging new motor vehicles,
ers, trailers or vehicles and who holds a dealer's contract
therefor from a
manufacturer or distributor and who has an established place of
in this state.
(r) ``Used vehicle dealer'' means every
person actively engaged in the
business of buying, selling or exchanging used vehicles, and having
established place of business in this state and who does not hold a
contract for the sale of new motor vehicles, travel trailers,
(s) ``Highway'' means every way or place
of whatever nature open to
the use of the public as a matter of right for the purpose of
travel. The term ``highway'' shall not be deemed to include a
driveway upon grounds owned by private owners, colleges,
or other institutions.
(t) ``Department'' or ``motor vehicle
department'' or ``vehicle depart-
ment'' means the division of vehicles of the department of revenue,
directly or through its duly authorized officers and agents.
(u) ``Commission'' or ``state highway
commission'' means the director
of vehicles of the department of revenue.
(v) ``Division'' means the division of
vehicles of the department of
(w) ``Travel trailer'' means every
vehicle without motive power de-
signed to be towed by a motor vehicle constructed primarily for
(x) ``Passenger vehicle'' means every
motor vehicle, as herein defined,
which is designed primarily to carry 10 or fewer passengers, and
is not used as a truck.
(y) ``Self-propelled farm implement''
means every farm implement
designed for specific use applications with its motive power unit
nently incorporated in its structural design.
(z) ``Farm trailer'' means every trailer
as defined in subsection (h) of
this section and every semitrailer as defined in subsection (i) of
tion, designed and used primarily as a farm vehicle.
(aa) ``Motorized bicycle'' means every
device having two tandem
wheels or three wheels, which may be propelled by either human
or helper motor, or by both, and which has:
(1) A motor which produces not more than
3.5 brake horsepower;
(2) a cylinder capacity of not more than
130 cubic centimeters;
(3) an automatic transmission; and
(4) the capability of a maximum design
speed of no more than 30
miles per hour.
(bb) ``All-terrain vehicle'' means any
motorized nonhighway vehicle
45 inches or less in width, having a dry weight of 650 pounds or
traveling on three or more low-pressure tires, having a seat
be straddled by the operator. As used in this subsection,
means any pneumatic tire six inches or more in width, designed for
on wheels with rim diameter of 12 inches or less, and utilizing an
ating pressure of 10 pounds per square inch or less as recommended
the vehicle manufacturer.
(cc) ``Implement of husbandry'' means
every vehicle designed or
adapted and used exclusively for agricultural operations, including
lots, and only incidentally moved or operated upon the highways.
term shall include, but not be limited to:
(1) A farm tractor;
(2) a self-propelled farm implement;
(3) a fertilizer spreader, nurse tank or
truck permanently mounted
with a spreader used exclusively for dispensing or spreading water,
or liquid fertilizers or agricultural chemicals, as defined in
and amendments thereto, regardless of ownership;
(4) a truck mounted with a fertilizer
spreader used or manufactured
principally to spread animal dung;
(5) a mixer-feed truck owned and used by
a feedlot, as defined in
K.S.A. 47-1501, and amendments thereto, and specially designed
used exclusively for dispensing food to livestock in such
(dd) ``Motorized wheelchair'' means any
self-propelled vehicle de-
signed specifically for use by a physically disabled person that is
of a speed in excess of 15 miles per hour.
(ee) ``Oil well servicing, oil well
clean-out or oil well drilling machin-
ery or equipment'' means a vehicle constructed as a machine used
sively for servicing, cleaning-out or drilling an oil well and
general of a mast, an engine for power, a draw works and a chassis
manently constructed or assembled for one or more of those
The passenger capacity of the cab of a vehicle shall not be
determining whether such vehicle is an oil well servicing, oil well
out or oil well drilling machinery or equipment.
(ff) ``Electric personal assistive
mobility device'' means a self-balanc-
ing two nontandem wheeled device, designed to transport only one
with an electric propulsion system that limits the maximum speed
device to 15 miles per hour or less.
Sec. 3. K.S.A. 8-1446 is hereby
amended to read as follows: 8-1446.
(a) Any person afoot
(b) any person in a wheelchair,
either manually or mechanically pro-
pelled, or other low powered, mechanically propelled vehicle
specifically for use by a physically disabled person;
(c) any person using an electric
personal assistive mobility device.
Sec. 4. K.S.A. 8-1485 is hereby
amended to read as follows: 8-1485.
``Vehicle'' means every device in, upon or by which any person or
is or may be transported or drawn upon a highway, except
sonal assistive mobility devices or devices moved by human
power or used
exclusively upon stationary rails or tracks.
Sec. 5. K.S.A. 8-1486 is hereby
amended to read as follows: 8-1486.
K.S.A. 8-1402a, 8-1414a, 8-1439c, 8-1458a, 8-1459a
and, 8-1475a, 8-
1487, 8-1488, 8-1489 and 8-1490 and amendments thereto, and
8-1402a, 8-1439c, 8-1458a, 8-1487, 8-1488 and 8-1489, and
thereto, and 8-1490 section 1, and
amendments thereto, shall be a part
of, and supplemental to, the uniform act regulating traffic on
Sec. 6. K.S.A. 8-126, 8-1446, 8-1485 and 8-1486 are
Sec. 7. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 1, 2002.