8-15, 111. (Tentative Statute Number) Texting while driving.
(a) As used in this section:
(1) "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. "Wireless communication device" does not include a device which is voice-operated and which allows the user to send or receive a text based communication without the use of either hand, except to activate or deactivate a feature or function.
(2) "Write, send or read a written communication" means using a wireless communication device to manually type, send or read a written communication, including, but not limited to, a text message, instant message or electronic mail.
(b) Except as provided in subsections (c) and (d), no person shall operate a motor vehicle on a public road or highway while using a wireless communications device to write, send or read a written comunication.
(c) The provisions of subsection (b) shall not apply to:
(1) A law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment;
(2) a motor vehicle stopped off the regular traveled portion of the roadway;
(3) a person who reads, selects or enters a telephone number or name in a wireless communiations device for the purpose of making or receiving a phone call;
(4) a person who receives an emergency, traffic or weather alert message; or
(5) a person receiving a message related to the operation or navigation of the motor vehicle.
(d) The provisions of subsection (b) shall not prohibit a person from using a wireless communications device while operating a moving motor vehicle to:
(1) Report current or ongoing illegal activity to law enforcement;
(2) prevent imminent injury to a person or property; or
(3) relay information between transit or for-hire operator and the operator's dispather, in which the device is permanently affixed to the motor vehicle.
(3) From and after the effective date of this act and prior to January 1, 2011, a law enforcement officer shall issue a warning citation to anyone violating subsection (b).
(f) This section shall be part of and supplemental to the uniform act regulating traffic on highways.
History: L. 2010, ch. ___, & 2; July 1. (SB 300).
Driver's License Information
Graduated Driver License Requirements for Teen Drivers
From the GDL Bill (HB 2143)
“any person who held any valid restricted class C or class M driver’s license, instruction permit, restricted instruction permit or farm permit on the effective date of this act may continue to operate motor vehicles subject to the conditions, limitations and restrictions contained in KSA 8-237, 8-239 and 8-296, and amendments thereto, as in effect on December 31, 2009.”
To correctly determine how the Graduated Driver’s License law will affect you as a teenager, you must first answer this question – Did you obtain an instruction permit, farm permit or restricted license prior to January 1, 2010? If the answer to that question is Yes – the GDL requirements do not apply to you (see Teen Driving Information for drivers obtaining their permit or restricted license prior to 01/01/2010). If the answer to that question is No – then all of the new requirements and restrictions shown below that take effect on January 1, 2010 are what apply to you.
INSTRUCTION PERMIT - AGES 14, 15 AND 16
- Present acceptable proof of identity
- Age: Minimum 14 years old
- Testing Required: Vision. Written - or certificate of completion from driver education.
- Parental Approval Required: Yes for 14 and 15 year olds
- Driver Education Required: No
- Driving Restrictions: Licensed adult in front seat at all times - minimum age 21
- Wireless Restriction: No use of wireless communication devices except to report illegal activity or to summons medical or emergency help
- Passenger Restriction: No
- Time Required to be Held: 1 year to advance to restricted license
INSTRUCTION PERMIT - AGE 17 AND UP
- Present acceptable proof of identity
- Age: Minimum 17 years old
- Testing Required: Vision. Written - or certificate of completion from driver education.
- Parental Approval Required: No
- Driver Education Required: No
- Driving Restrictions: Licensed adult in front seat at all times - minimum age 21
- Wireless Restriction: No
- Passenger Restriction: No
- Time Required to be Held: None
FARM PERMITS - AGE 14 AND 15
- Present acceptable proof of identity
- Age: Minimum 14 years old but less than 16.
- Testing Required: Vision. Written and Drive - or certificate of completion from driver education.
- Parental Approval Required: Yes
- Farm Affidavit Required: Yes
- Driver Education Required: No
- Instruction Permit Required: No
- 50 Hour Affidavit Required: No - must provide prior to 16 to move to lesser restrictions
- Driving Restrictions: To or from farm job, employment or other farm related work; To or from school; Anytime/anywhere with licensed adult
- Wireless Restriction: No use of wireless communication devices except to report illegal activity or to summons medical or emergency help
- Passenger Restriction: May not transport any non-sibling minor passengers
- Time Required to be Held: At 16 will move to less restricted privileges if 50 hour affidavit has been turned in
LESS RESTRICTED FARM PERMIT PRIVILEGES - AGE 16
- Present acceptable proof of identity
- Age: Minimum 16 years old but less than 17
- Testing Required: Vision. Written and Drive - or certificate of completion from driver education.
- Parental Approval Required: No
- Driver Education Required: No
- Instruction Permit Required: No
- 50 Hour Affidavit Required: Yes
- Driving Restrictions: Anywhere from 5am to 9pm; Anytime to or from farm job, employment or other farm related work; Anytime going to or from authorized school activities; Anytime/anywhere with licensed adult
- Wireless Restriction: No use of wireless communication devices except to report illegal activity or to summons medical or emergency help
- Passenger Restriction: No more than one non-sibling passenger under the age of 18
- Time Required to be Held: 6 months - after licensee has held the restricted Farm Permit for 6 months or until age 17, whichever occurs first, if they have complied with all laws the restrictions will no longer apply
RESTRICTED DRIVER’S LICENSE - AGE 15
- Present acceptable proof of identity
- Age: Minimum 15 years old but less than 16
- Testing Required: Vision
- Parental Approval Required: Yes
- Driver Education Required: Yes
- Instruction Permit Required: Yes - must have held at least 1 year
- 50 Hour Affidavit Required: No - at 15 must have at least 25 hours; must provide 50 prior to 16 to move to lesser restrictions
- Driving Restrictions: To or from work; To or from school; Anytime/anywhere with licensed adult
- Wireless Restriction: No use of wireless communication devices except to report illegal activity or to summons medical or emergency help
- Passenger Restriction: May not transport any non-sibling minor passengers
- Time Required to be Held: At 16 will move to less restricted privileges if 50 hour affidavit has been turned in, and maintains a satisfactory driving record
LESS RESTRICTED PRIVILEGES - AGE 16
- Present acceptable proof of identity
- Age: Minimum 16 years old but less than 17
- Testing Required: Vision. Written and Drive - or certificate of completion from driver education.
- Parental Approval Required: No
- Driver Education Required: No
- Instruction Permit Required: Yes - must have held at least 1 year
- 50 Hour Affidavit Required: Yes
- Driving Restrictions: Anywhere from 5am to 9pm; Anytime going to or from work; Anytime going to or from authorized school activities; Anytime/anywhere with licensed adult
- Wireless Restriction: No use of wireless communication devices except to report illegal activity or to summons medical or emergency help
- Passenger Restriction: No more than one non-sibling passenger under the age of 18
- Time Required to be Held: 6 months - after licensee has held the restricted DL for 6 months or until age 17, whichever occurs first, if they have complied with all laws the restrictions will no longer apply
NON-RESTRICTED DRIVER’S LICENSE
- Present acceptable proof of identity
- Age: Minimum 17 years old
- Testing Required: Vision. Written and Drive - or certificate of completion from driver education.
- Parental Approval Required: No
- Driver Education Required: No
- Instruction Permit Required: No
- 50 Hour Affidavit Required: Yes if 17; No if 18 or older
- Driving Restrictions: None
- Wireless Restriction: No
- Passenger Restriction: No
- Time Required to be Held: None
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