THIS DOCUMENT MAY NOT BE DUPLICATED WITHOUT THE PERMISSION OF THE CHIEF OF POLICE.

A recent court decision ruled that a violation of Standard Traffic Ordinance (STO) 200 (requiring proof of liability insurance upon demand) committed by a juvenile cannot be prosecuted in Municipal Court. KSA 1997 Supp. 8-2117(a) grants municipal courts jurisdiction to hear prosecutions of "traffic offenses" involving children over 14 years of age. A "traffic offense" as defined by KSA 1997 Supp. 8-2117(d), states, in relevant part:

"Traffic offense" means a violation of the uniform act regulating traffic on highways and a violation of Articles 1 and 2 of Chapter 8 of the Kansas Statutes Annotated. Traffic offenses shall include a violation of a city ordinance or county resolution which prohibits acts which would constitute a violation of the uniform act regulating traffic on highways or a violation of Articles 1 and 2 of Chapter 8 of the Kansas Statutes Annotated, and any violation of a city ordinance or county resolution which prohibits acts which are not violations of state laws and which related to the regulation of traffic on the roads, highways or streets or the operation of self-propelled or nonself-propelled vehicles of any kind."

Because the law requiring proof of liability insurance (K.S.A. 40-3104 and its city counterpart, STO 200) are not part of the uniform act or Article 1 or 2 of Chapter 8 of the K.S.A.s regulating traffic, municipal courts do not have jurisdiction to hear the case if the violator is less than 18 years of age. This ruling makes STO 200 unenforceable against those less than 18 years of age.

However, if a juvenile driver is involved in an accident, KSA 1997 Supp. 8-1604(a) and its city counterpart, STO 25(a), require the driver to give upon request the insurance company name and policy number to other drivers or a police officer. KSA 1997 Supp. 8-1604 is part of the uniform act regulating traffic on highways and, therefore, a violation of STO 25 constitutes a "traffic offense" which can be prosecuted in municipal courts.

To avoid splitting charges between jurisdictions which arise out of the same incident, and to avoid potential double jeopardy problems, officers discovering non accident/no proof of insurance violations and other associated charges should refer the case to the District Attorney's Office for prosecution. City prosecutors will dismiss and refer all charges to the District Attorney in these types of cases.

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DEAN FORSTER

CHIEF OF POLICE