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8-2010. Designation of authorized emergency vehicles. (a) Any particular vehicle listed in subsection (b) of K.S.A. 8-2010a, and amendments thereto, shall be designated, by the board of county commissioners in which such vehicle is located, as an authorized emergency vehicle upon the filing of an application pursuant to K.S.A. 8-2010a, and amendments thereto and a finding that designation of such vehicle is necessary to the preservation of life or property or to the execution of emergency governmental functions. The designation shall be in writing and the written designation shall be carried in the vehicle at all times, but failure to carry the written designation shall not affect the status of the vehicle as an authorized emergency vehicle.

(b) Any vehicle designated as an authorized emergency vehicle prior to the effective date of this act, may continue to operate as an authorized emergency vehicle, as long as: (1) The ownership of such vehicle remains unchanged; and (2) the use of such vehicle for purposes for which such vehicle was designated remains unchanged, except that all future operation of such vehicle as an authorized emergency vehicle shall be in accordance with this section and such other applicable provisions of law.

(c) The following vehicles shall not be required to be designated by the board of county commissioners as authorized emergency vehicles:

(1) Fire department vehicles or police vehicles which are publicly owned;

(2) motor vehicles operated by ambulance services permitted by the emergency medical services board under the provisions of K.S.A. 65-6101 et seq., and amendments thereto; and

(3) wreckers, tow trucks or car carriers, as defined by K.S.A. 66-1329, and amendments thereto, and having a certificate of public service from the state corporation commission.

(d) Any vehicle designated under the provisions of this section, as an authorized emergency vehicle in the county in which such vehicle is located, shall be a valid designation of such vehicle in any other county and such vehicle shall be authorized to operate as an authorized emergency vehicle without being required to obtain any additional designation in any other county.

History: L. 1974, ch. 33, § 8-2010; L. 1975, ch. 427, § 58; L. 1992, ch. 141, § 4; L. 1993, ch. 199, § 2; L. 1996, ch. 180, § 3; L. 2003, ch. 61, § 3; July 1.

Source or prior law:

8-505(g).

Cross References to Related Sections:

Rights, duties and liabilities of drivers of authorized emergency vehicles, see 8-1506.

Duties of drivers upon approach of authorized emergency vehicle, see 8-1530.

Attorney General's Opinions:

Designation of authorized emergency vehicles. 81-38.

Secretary of transportation has authority to determine which vehicles are authorized emergency vehicles. 81-225.

Emergency vehicle shall be designated as such only in county of primary jurisdiction. 92-142.

Publicly owned emergency vehicles must be designated as such in order to operate legally. 92-143.

CASE ANNOTATIONS

1. Cited in holding driver operating emergency vehicle in compliance with K.S.A. 8-1506 commits no tort for injury to third parties by fleeing violator. Thornton v. Shore, 233 Kan. 737, 742, 666 P.2d 655 (1983).

2. Cited; display of flashing red lights (K.S.A. 8-1729) as traffic offense rather than misdemeanor noted. State v. Daniels, 12 Kan. App. 2d 479, 480, 753 P.2d 300 (1987).


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