§ 35-888. Authority of enforcement officers to weigh vehicles, etc., and require removal of load.

(a)

Any police officer or the license administrator having reason to believe that the gross weight of a vehicle or combination of vehicles or the gross weight on any axle or sets of axles is unlawful or having reason to believe that the length, height or width of a vehicle or combination of vehicles is unlawful may:

(1)

Require the driver to stop and, after presentment of credentials may inspect the contents of the vehicle to measure the length, width and height of such vehicle.

(2)

Require the driver to produce a permit for excess height, length, width or weight.

(3)

Require the driver to produce documents concerning the contents.

(4)

Require the driver to submit to a weighing of the vehicle by means of either portable or stationary scales.

(5)

Require that such vehicle be driven to any scales suitable for this purpose within ten miles.

(6)

Require the drive to lift any axle capable of being raised or lowered mechanically, including, but not limited to, axles known as tag, pusher, castering, or stinger axles, for purposes of weighing the vehicle and its load.

When portable scales are used for weighing for the purpose of this section, the location of such portable scales shall be not more then ten miles from any stationary scales whose accuracy is certified in accordance with law.

(b)

Whenever such officer or administrator, upon weighing a vehicle or combination of vehicles, as provided by subsection (a) of this section, determines that the weight, height, width, or length is unlawful, such officer or administrator may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load or vehicle is removed as may be necessary to reduce the gross weight, length, height or width of such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or sets of axles to such limit as permitted under this article. All material so unloaded shall be cared for by the owner, lessee or operator of such vehicle at the risk of such owner, lessee or operator.

(c)

Any driver of a vehicle or combination of vehicles who fails or refuses to stop and submit such vehicle or combination of vehicles to weighing or measuring as provided in this section or who fails or refuses when directed by an officer or administrator to comply with the provisions of this section shall be guilty of a misdemeanor.

(d)

The license administrator and the administrator's duly authorized and appointed inspectors, when acting under the instructions and at the direction of the administrator, are vested with limited authority of law enforcement officers and are authorized to serve a complaint and notice to appear upon any violation of any ordinance regulating vehicle sizes, weights and loads or any violation of any restrictions set out on permits for excess size and weight.

(Code 1964, § 36-297; Code 1988, § 35-791; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 57684, § 1, 3-9-1978; Ord. No. 61738, § 7, 7-31-1980; Ord. No. 65069, § 17, 10-16-1986; Ord. No. 65393, § 5, 1-19-1989; Ord. No. 65479, § 26, 11-16-1989)

State law reference

Similar provisions, K.S.A. 8-1910.