§ 35-878. Scope and effect of article; penalties for violation of size and weight laws.

(a)

It shall be unlawful for any person to drive or move, or for the owner or lessee to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles of a size or weight exceeding the limitations stated in this article or in regulations and ordinances adopted pursuant to sections 35-39 and 35-892.

(b)

Any person violating any of the provisions of this article except for the provisions in sections 35-886, 35-887 and 35-892 and regulations and ordinances adopted pursuant to sections 35-39 and 35-892 shall, upon conviction, be fined in an amount not to exceed $500.00.

(c)

Any person violating any of the provisions of sections 35-886, 35-887, and 35-892 or regulations and ordinances adopted pursuant to sections 35-39 and 35-892 shall, upon a first conviction, pay one but not both fines as listed on the fine schedule adopted by the municipal court.

(d)

For a second violation of the sections specified in subsection (c) of this section, within two years after a prior conviction of such sections, such person, upon conviction, shall be fined 1½ times the applicable amount from one but not both of the schedules listed in the fine schedule adopted by the municipal court. For a third violation of the sections specified in subsection (c) of this section within two years after two prior convictions of such sections, such person, upon conviction, shall be fined two times the applicable amount given in this section from one but not both of the schedules listed in the fine schedule adopted by the municipal court. For a fourth and each succeeding violation of the sections specified in subsection (c) of this section, within two years after three prior convictions of such sections, such person, upon conviction, shall be fined 2½ times the applicable amount given in this section from one but not both of the schedules listed in the fine schedule adopted by the municipal court.

(e)

It shall be unlawful for any person to cause or knowingly permit the owner or lessee of any vehicle or combination of vehicles to be loaded to a gross weight exceeding any limitation stated in this article or in regulations and ordinance adopted pursuant to sections 35-31 and 35-794 if at the time and place of such loading there is available a stationary scale, the accuracy of which is certified in accordance with law.

(f)

Except as otherwise specifically provided in this chapter, the provisions of this article governing size, weight and load shall not apply to fire apparatus, road machinery, farm tractors or to implements of husbandry temporarily moved upon a highway or to a vehicle operated under the terms of a currently valid special permit issued in accordance with section 35-889.

(g)

Except on highways designated as part of the national system of interstate defense highways, the gross weight limitation on any axle or tandem, triple or quad axles prescribed by this article or by regulations or ordinance shall not apply to:

(1)

Trucks specifically designed and equipped and used exclusively for garbage, refuse, or solid waste disposal operations when loaded with garbage, refuse, or waste; or

(2)

Trucks mounted with a fertilizer spreader used or manufactured principally to spread animal dung, except that this subsection shall not apply to truck tractors so equipped.

Except that such trucks under this subsection shall not exceed the maximum gross weight limitations contained in the table in section 35-887.

(h)

As used in this section, "conviction" means a final conviction without regard to whether sentence was suspended or probation granted after such conviction, and a forfeiture of bail, bond, or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, is equivalent to a conviction.

(Code 1964, § 36-287; Code 1988, § 35-781; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 61738, § 5, 7-31-1980; Ord. No. 64514, § 4, 8-18-1983; Ord. No. 65069, § 12, 10-16-1986; Ord. No. 65352, § 1, 9-15-1988; Ord. No. 66164, § 28, 10-17-1996; Ord. No. O-2-05, § 21, 1-6-2005)

State law reference

Similar provisions, K.S.A. 8-1901.