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.
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 1983–2022 · leading case:
State v. Moore, 701 P.2d 684 (Kan. 1985).
State v. Moore, 701 P.2d 684 (Kan. 1985).
· cites it 10× “At the trial of the cases, each of the defendants raised two issues: *525 (1) Whether the agents of the Department of Revenue had probable cause, as required by K.S.A. 8-1910, to require the two trash trucks to stop and submit to a weighing on the scales which were provided.”
State v. Crudo, 517 P.3d 857 (Kan. Ct. App. 2022).
“(containing regulations for the "Size, Weight and Load of Vehicles"). And these regulations provide law enforcement with the legal authority to stop and examine campers and trailers attached to vehicles traveling down the public roadway—just like Lt.”
State v. Shouse, 660 P.2d 970 (Kan. Ct. App. 1983).
“The argument is based on the last sentence of K.S.A. 8-1910(a). The full subsection provides: “Any police officer or properly designated department of revenue agent or employee having reason to believe that the gross weight of a vehicle or combination of vehicles or the gross…”
State v. Crudo (Kan. Ct. App. 2022).
“(containing regulations for the "Size, Weight and Load of Vehicles"). And these regulations provide law enforcement with the legal authority to stop and examine campers and trailers attached to vehicles traveling down the public roadway—just like Lt.”
— K.S.A. § 8-1910(a) — 2 cases
State v. Moore, 701 P.2d 684 (Kan. 1985).
“At the trial of the cases, each of the defendants raised two issues: *525 (1) Whether the agents of the Department of Revenue had probable cause, as required by K.S.A. 8-1910, to require the two trash trucks to stop and submit to a weighing on the scales which were provided.”
State v. Shouse, 660 P.2d 970 (Kan. Ct. App. 1983).
“The argument is based on the last sentence of K.S.A. 8-1910(a). The full subsection provides: “Any police officer or properly designated department of revenue agent or employee having reason to believe that the gross weight of a vehicle or combination of vehicles or the gross…”
— K.S.A. § 8-1910(d) — 1 case
State v. Moore, 701 P.2d 684 (Kan. 1985).
“At the trial of the cases, each of the defendants raised two issues: *525 (1) Whether the agents of the Department of Revenue had probable cause, as required by K.S.A. 8-1910, to require the two trash trucks to stop and submit to a weighing on the scales which were provided.”
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