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8-1909. Gross weight limits for vehicles; exceptions; safety of certain vehicles for operation. (a) No vehicle or combination of vehicles shall be moved or operated on any highway when the gross weight on two or more consecutive axles exceeds the limitations prescribed in the following table:

Distance in feet between the extremes of any group of 2 or more consecutive axles

Maximum load in pounds carried on any group of 2 or more consecutive axles

2 axles

3 axles

4 axles

5 axles

6 axles

7 axles

8 axles

4

34,000

5

34,000

6

34,000

7

34,000

8 and less

34,000

34,000

More than 8

38,000

42,000

9

39,000

42,500

10

40,000

43,500

11

44,000

12

45,000

50,000

13

45,500

50,500

14

46,500

51,500

15

47,000

52,000

16

48,000

52,500

58,000

17

48,500

53,500

58,500

18

49,500

54,000

59,000

19

50,000

54,500

60,000

20

51,000

55,500

60,500

66,000

21

51,500

56,000

61,000

66,500

22

52,500

56,500

61,500

67,000

23

53,000

57,500

62,500

68,000

24

54,000

58,000

63,000

68,500

74,000

25

54,500

58,500

63,500

69,000

74,500

26

55,500

59,500

64,000

69,500

75,000

27

56,000

60,000

65,000

70,000

75,500

28

57,000

60,500

65,500

71,000

76,500

82,000

29

57,500

61,500

66,000

71,500

77,000

82,500

30

58,500

62,000

66,500

72,000

77,500

83,000

31

59,000

62,500

67,500

72,500

78,000

83,500

32

60,000

63,500

68,000

73,000

78,500

84,500

33

64,000

68,500

74,000

79,000

85,000

34

64,500

69,000

74,500

80,000

85,500

35

65,500

70,000

75,000

80,500

36

66,000

70,500

75,500

81,000

37

66,500

71,000

76,000

81,500

38

67,500

72,000

77,000

82,000

39

68,000

72,500

77,500

82,500

40

68,500

73,000

78,000

83,500

41

69,500

73,500

78,500

84,000

42

70,000

74,000

79,000

84,500

43

70,500

75,000

80,000

85,000

44

71,500

75,500

80,500

85,500

45

72,000

76,000

81,000

46

72,500

76,500

81,500

47

73,500

77,500

82,000

48

74,000

78,000

83,000

49

74,500

78,500

83,500

50

75,500

79,000

84,000

51

76,000

80,000

84,500

52

76,500

80,500

85,000

53

77,500

81,000

85,500

54

78,000

81,500

55

78,500

82,500

56

79,500

83,000

57

80,000

83,500

58

84,000

59

85,000

60

85,500

except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles is 36 feet or more.

(1) The gross weight on any one axle of a vehicle shall not exceed the limits prescribed in K.S.A. 8-1908, and amendments thereto.

(2) Except as otherwise provided by subsection (e), for vehicles and combinations of vehicles on the interstate system the table in this section shall not authorize a maximum gross weight of more than 80,000 pounds.

(3) The table in this section shall not apply to truck tractor and dump semitrailer or truck trailer combination when such are used as a combination unit exclusively for the transportation of sand, salt for highway maintenance operations, gravel, slag stone, limestone, crushed stone, cinders, coal, blacktop, dirt or fill material, when such vehicles are used for transportation to a construction site, highway maintenance or construction project or other storage facility, except that such vehicles or combination of vehicles shall not be exempted from any application of the table as may be required to determine applicable axle weights for triple and quad axles as defined in K.S.A. 8-1908, and amendments thereto. As used in this paragraph (3), the term "dump semitrailer" means any semitrailer designed in such a way as to divest itself of the load carried thereon.

(b) Any vehicle registered under the laws of this state which vehicle is designed and used primarily for the transportation of property or for the transportation of 10 or more persons may, at the time of its registration, be subjected by the director of vehicles to investigation or test as may be necessary to enable such director to determine whether such vehicle may safely be operated upon the highways in compliance with all provisions of this act. Every such vehicle shall meet the following requirements:

(1) It shall be equipped with brakes as required in K.S.A. 8-1734, and amendments thereto.

(2) Every motor vehicle to be operated outside of business and residence districts shall have motive power adequate to propel such vehicle and any load thereon or to be drawn thereby, at a speed which will not impede or block the normal and reasonable movement of traffic. Exception to this requirement shall be recognized when reduced speed is necessary for safe operation or when a vehicle or combination of vehicles is necessarily or in compliance with law or police direction proceeding at reduced speed.

(c) It shall be unlawful for any person to operate any vehicle or combination of vehicles with a gross weight in excess of the limitations set forth in article 19 of chapter 8 of * Kansas Statutes Annotated, and amendments thereto, except as provided in K.S.A. 8-1911, and amendments thereto.

(d) As used in this section, "interstate system" means the national system of interstate and defense highways.

(e) A vehicle, if operated by an engine fueled primarily by natural gas, may exceed any vehicle weight limit under this section, up to a maximum gross vehicle weight of 82,000 pounds, by an amount that is equal to the difference between:

(1) The weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and

(2) the weight of a comparable diesel tank and fueling system.

History: L. 1974, ch. 33, § 8-1909; L. 1975, ch. 427, § 48; L. 1980, ch. 45, § 1; L. 1981, ch. 46, § 3; L. 1983, ch. 41, § 4; L. 1986, ch. 45, § 2; L. 2016, ch. 44, § 3; April 14.

Source or prior law:

8-5,120.

Revisor's Note:

* The word "the" should have been included.

Cross References to Related Sections:

Penalty for violation, see 8-1901.

Attorney General's Opinions:

Vehicle size, weight and load; penalties for weight violations. 81-44.

Penalties for violations of vehicle weight restrictions. 81-127.

CASE ANNOTATIONS

1. The fine imposed by trial court for driving an overweight truck considered; not excessive. State v. Gibson, 8 Kan. App. 2d 135, 651 P.2d 949 (1982).

2. Exemption of vehicles when used for "transportation to a construction site" construed to mean only a highway construction or maintenance site. State v. Shouse, 8 Kan. App. 2d 483, 484, 485, 660 P.2d 970 (1983).

3. Discussed in holding exemptions from weight limitations (K.S.A. 8-1911) constitutionally permissible. State v. Moore, 237 Kan. 523, 531, 701 P.2d 684 (1985).

4. Incorporation in ordinance by reference and "or any amendments thereto" meets requirements of K.S.A. 12-3010; classifications meet equal protection tests. City of Overland Park v. McLaughlin, 10 Kan. App. 2d 537, 542, 544, 704 P.2d 997 (1985).

5. Rational basis exists for exceptions herein; no violation of due process or equal protection clauses. City of Overland Park v. McLaughlin, 238 Kan. 637, 641, 714 P.2d 939 (1986).


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