8-296. Farm permit; requirements; procedure.
8-296
8-296. Farm permit; requirements;
procedure.
(a) Any person who is less than 17 years of
age but is at
least
14 years of age and who resides upon a farm in this state or is employed for
compensation upon a farm in this state may apply to the division of vehicles
for a farm permit authorizing
such person, while possessing the permit, to operate any motor vehicle in
class C, as designated in K.S.A. 8-234b, and amendments thereto.
(b) (1) A farm
permit shall entitle the licensee, who is at least 14 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 farm
job, employment or
other 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 purpose
of school attendance; or
(C) 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.
(2) For a period of six months, a farm permit shall entitle the licensee
who is at least 16 years of
age to operate the appropriate motor
vehicles at any time:
(A) From 5:00 a.m. to 9:00 p.m.;
(B) while going to or from or in connection with any farm job, employment or
other farm-related work; or
(C) while going to or from authorized school activities; [or]
(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.
After such six-month period, if the licensee has complied with the provisions
of this section, such farm permit shall entitle the licensee to operate the
appropriate motor vehicles at any time without the restrictions required by
this
section.
(c) A farm permit shall be issued only if:
(1) The applicant can prove that such applicant resides or works on a farm;
(2) the applicant has successfully completed the examination requirements in
K.S.A. 8-235d, and amendments thereto; and
(3) the applicant submits the signed affidavit of either a parent or
guardian, stating that the applicant lives on a farm or, if the applicant does
not live on a farm but works on a farm, the applicant submits the signed
affidavit of the applicant's employer and parent or guardian, attesting to such
employment.
(d) Any licensee issued a farm permit under this
section:
(1) Who is less than 16 years of age
shall not operate any motor vehicle with nonsibling minor passengers; or
(2) who is 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.
Any conviction for violating this subsection shall be
construed as a moving
traffic
violation for the purpose of K.S.A. 8-255, and amendments thereto.
(e) Any licensee issued a farm permit 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) As used in this section, "farm" means any parcel of
land larger than 20
acres which is used in agricultural operations.
(g) (1) A farm permit issued under this section is
subject to
suspension or
revocation in the same manner as any other driver's license.
(2) A farm permit shall be suspended in accordance with K.S.A. 8-291, and
amendments thereto, for any violation of restrictions under this section.
(3) The division shall suspend the farm permit 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.
(h) Any licensee issued a farm permit under this section
shall provide prior to reaching 16 years of age, 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 adult supervised driving required by this
paragraph 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.
Evidence of failure of any licensee who was required to
complete the 50 hours of adult supervised driving under this subsection shall
not be admissible in any action for the purpose of determining any aspect of
comparative negligence or mitigation of damages.
(i) Any licensee issued a farm permit under this section
who: (1) 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
which is not restricted in accordance with the provisions of subsection
(b)(1),
until the person reaches 17 years of age;
(2) is at least 16 years of age, but less than 17 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 which is not
restricted in accordance with the provisions of subsection (b)(2), until the
person reaches 18 years of age; or (3)
fails to
provide the
affidavit
required under subsection (h), 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.
History: L. 1993, ch. 154, § 1;
L. 1994, ch. 302, § 2;
L. 1999, ch. 125, § 17;
L. 2009, ch. 34, § 8; Jan. 1, 2010.