Kansas Statutes 8-2,101. Restricted license; conditions, restrictions and requirements
Terms Used In Kansas Statutes 8-2,101
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- driver: means any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver's license;
(l) "driver's license" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
(1) Any temporary license or instruction;
(2) the privilege of any person to drive a motor vehicle whether or not such person holds a valid license; or
(3) any nonresident's operating privilege;
(m) "employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle;
(n) "endorsement" means an authorization to an individual's commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles;
(o) "felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;
(p) "gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. See Kansas Statutes 8-2,128
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: means an individual or a nonprofit corporation certified in accordance with Kan. See Kansas Statutes 77-201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means any person defined by Kan. See Kansas Statutes 77-201
- Motor vehicle: means every vehicle that is self-propelled upon or by which any person or property is or may be transported or drawn upon a public highway except devices used exclusively upon stationary rails or tracks. See Kansas Statutes 8-273
- Person: means every natural person, firm, copartnership, association, corporation or school. See Kansas Statutes 8-273
- residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 8-2,128
- state: means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of Northern Mariana Islands;
(6) "wireless communication device" means any wireless electronic communication device that provides for voice or data communication between two or more parties, including, but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer; and
(7) "religious organization" means any organization, church, body of communicants, or group, gathered in common membership for mutual support and edification in piety, worship and religious observances, or a society of individuals united for religious purposes at a definite place and which religious organization maintains an established place of worship within this state and has a regular schedule of services or meetings at least on a weekly basis and has been determined to be organized and created as a bona fide religious organization. See Kansas Statutes 8-234a
- Summons: Another word for subpoena used by the criminal justice system.
(a) (1) The division of vehicles may issue a restricted class C or M driver‘s license in accordance with the provisions of this section. A restricted class C license issued under this section shall entitle the licensee, while possessing the license, to operate any motor vehicle in class C, as designated in Kan. Stat. Ann. § 8-234b, and amendments thereto. A restricted class M license shall entitle the licensee, while possessing such license, to operate a motorcycle.
(2) The division may issue a restricted class C or M driver’s license to any person who:
(A) Is at least 15 years of age;
(B) has successfully completed an approved course in driver training;
(C) has held an instructional permit issued under the provisions of Kan. Stat. Ann. § 8-2,100, and amendments thereto, for a period of at least one year and has completed at least 25 hours of adult supervised driving or has obtained an instructional permit from another state or the District of Columbia that has equivalent or greater requirements; and
(D) upon the written application of the person’s parent or guardian, which shall be submitted to the division.
(3) Any licensee issued a restricted license under this subsection shall provide, prior to reaching 16 years of age, a signed affidavit of either a parent or guardian, stating that the applicant has completed the required 25 hours prior to being issued a restricted license and 25 hours of additional adult supervised driving. Of the 50 hours required by this subsection, at least 10 of those hours shall be at night. The adult supervised driving shall be conducted by an adult who is at least 21 years of age and is the holder of a valid commercial driver’s license, class A, B or C driver’s license.
(b) (1) A restricted license issued under subsection (a) shall entitle a licensee who is at least 15 years of age but less than 16 years of age, to operate the appropriate motor vehicles at any time:
(A) While going to or from or in connection with any job, employment or farm-related work;
(B) on days while school is in session, over the most direct and accessible route between the licensee’s residence and school of enrollment for the purposes of school attendance;
(C) from 6 a.m. to 9 p.m. while going directly to or from any religious activity held by a religious organization;
(D) when the licensee is operating a passenger car, at any time when accompanied by an adult, who is the holder of a valid commercial driver’s license, class A, B or C driver’s license and who is actually occupying a seat beside the driver; or
(E) when the licensee is operating a motorcycle, at any time when accompanied by an adult, who is the holder of a valid class M driver’s license and who is either operating a motorcycle in the general proximity of the licensee or is riding as a passenger on the motorcycle being operated by the licensee.
(2) (A) For a period of six months, a restricted license issued under subsection (a) shall entitle a licensee who is at least 16 years of age to operate the appropriate motor vehicles at any time:
(i) From 5 a.m. to 9 p.m.;
(ii) while going to or from or in connection with any job, employment or farm-related work;
(iii) while going to or from authorized school activities;
(iv) while going directly to or from any religious activity held by a religious organization;
(v) when the licensee is operating a passenger car, at any time when accompanied by an adult, who is the holder of a valid commercial driver’s license, class A, B or C driver’s license and who is actually occupying a seat beside the driver; or
(vi) when the licensee is operating a motorcycle, at any time when accompanied by an adult, who is the holder of a valid class M driver’s license and who is either operating a motorcycle in the general proximity of the licensee or is riding as a passenger on the motorcycle being operated by the licensee.
(B) After such six-month period, if the licensee has complied with the provisions of this section, such restricted license shall entitle the licensee to operate the appropriate motor vehicles at any time without any of the restrictions required by this section.
(c) (1) The division may issue a restricted class C or M driver’s license to any person who is under 17 years of age but at least 16 years of age, who:
(A) Has held an instructional permit issued under the provisions of Kan. Stat. Ann. § 8-2,100, and amendments thereto, for a period of at least one year; and
(B) has submitted a signed affidavit of either a parent or guardian, stating that the applicant has completed at least 50 hours of adult supervised driving with at least 10 of those hours being at night. The required adult supervised driving shall be conducted by an adult who is at least 21 years of age and is the holder of a valid commercial driver’s license, class A, B or C driver’s license.
(2) (A) For a period of six months, a restricted license issued under subsection (c)(1) shall entitle a licensee to operate the appropriate motor vehicles at any time:
(i) From 5 a.m. to 9 p.m.;
(ii) while going to or from or in connection with any job, employment or farm-related work;
(iii) while going to or from authorized school activities;
(iv) while going directly to or from any religious activity held by a religious organization;
(v) when the licensee is operating a passenger car, at any time when accompanied by an adult, who is the holder of a valid commercial driver’s license, class A, B or C driver’s license and who is actually occupying a seat beside the driver; or
(vi) when the licensee is operating a motorcycle, at any time when accompanied by an adult, who is the holder of a valid class M driver’s license and who is either operating a motorcycle in the general proximity of the licensee or is riding as a passenger on the motorcycle being operated by the licensee.
(B) After such six-month period, if the licensee has complied with the provisions of this section, such restricted license shall entitle the licensee to operate the appropriate motor vehicles at any time without any of the restrictions required by this section.
(d) (1) Any licensee issued a restricted license under subsection (a) who is:
(A) Less than 16 years of age shall not operate any motor vehicle with nonsibling minor passengers; or
(B) at least 16 years of age, for a period of six months after reaching 16 years of age, shall not operate any motor vehicle with more than one passenger who is less than 18 years of age and who is not a member of the licensee’s immediate family.
(2) Any licensee issued a restricted license under subsection (c), for a period of six months after such restricted license is issued, shall not operate any motor vehicle with more than one passenger who is less than 18 years of age and who is not a member of the licensee’s immediate family.
(3) Any conviction for violating this subsection shall be construed as a moving traffic violation for the purpose of Kan. Stat. Ann. § 8-255, and amendments thereto.
(e) Any licensee issued a restricted license under this section shall not operate a wireless communication device while driving a motor vehicle, except that a licensee may operate a wireless communication device while driving a motor vehicle to report illegal activity or to summons medical or other emergency help.
(f) (1) A restricted driver’s license issued under this section is subject to suspension or revocation in the same manner as any other driver’s license.
(2) A restricted driver’s license shall be suspended in accordance with Kan. Stat. Ann. § 8-291, and amendments thereto, for any violation of restrictions under this section.
(3) The division shall suspend the restricted driver’s license upon receiving satisfactory evidence that the licensee has been involved in two or more accidents chargeable to the licensee and such suspended license shall not be reinstated for one year.
(g) Evidence of failure of any licensee who was required to complete the 50 hours of adult supervised driving under this section shall not be admissible in any action for the purpose of determining any aspect of comparative negligence or mitigation of damages.
(h) Any licensee issued a restricted license under:
(1) Subsection (a) who:
(A) Is under the age of 16 years and is convicted of two or more moving traffic violations committed on separate occasions shall not be eligible to receive a driver’s license that is not restricted in accordance with the provisions of subsection (b)(1) until the person reaches 17 years of age;
(B) is under 17 years of age but at least 16 years of age and is convicted of two or more moving traffic violations committed on separate occasions shall not be eligible to receive a driver’s license that is not restricted in accordance with the provisions of subsection (b)(2) until the person reaches 18 years of age; or
(C) fails to provide the affidavit required under subsection (a) shall not be eligible to receive a driver’s license which is not restricted in accordance with the provisions of subsection (b)(1) until the person provides such affidavit to the division or the person reaches 17 years of age, whichever occurs first.
(2) Subsection (c) who is under the age of 17 years and is convicted of two or more moving traffic violations committed on separate occasions shall not be eligible to receive a driver’s license which is not restricted in accordance with the provisions of subsection (c) until the person reaches 18 years of age.
(i) This section shall be a part of and supplemental to the motor vehicle driver’s license act.