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8-1910. Enforcement of vehicle weight laws; officers may weigh vehicles; portable scales; required drive to stationary scales; off-loading or load redistribution required, when. (a) Any police officer 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 is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that such vehicle be driven to any scales suitable for this purpose within five miles. When portable scales are used for weighing for the purpose of this section, the location of such portable scales shall be not more than 10 miles from any stationary scales whose accuracy is certified in accordance with law.

(b) Whenever a police officer, upon weighing a vehicle or combination of vehicles, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight 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 article 19 of chapter 8 of Kansas Statutes Annotated. 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 as provided in this section or who fails or refuses when directed by a police officer to comply with the provisions of this section shall be guilty of a misdemeanor.

History: L. 1974, ch. 33, § 8-1910; L. 1975, ch. 39, § 32; L. 1975, ch. 427, § 49; L. 1977, ch. 304, § 17; L. 1980, ch. 46, § 1; L. 1986, ch. 45, § 3; L. 1988, ch. 266, § 2; July 1.

Source or prior law:

8-5,121.

Cross References to Related Sections:

Penalty for violation, see 8-1901.

Similar provisions, see 66-1319.

Attorney General's Opinions:

Size, weight and load of vehicles; powers of local authorities. 82-151.

Enforcement of vehicle weight laws; public utilities; motor carriers; motor carrier inspection stations; designation of employees with law enforcement powers. 85-27.

CASE ANNOTATIONS

1. Compliance with ten-mile limitation regarding portable scales did not affect conviction of driving overweight truck. State v. Shouse, 8 Kan. App. 2d 483, 484, 660 P.2d 970 (1983).

2. Dept. of Revenue agents have authority, without prior knowledge to spot check for compliance with weight limitations. State v. Moore, 237 Kan. 523, 525, 529, 701 P.2d 684 (1985).


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