K.S.A. Chapter 8 Article 20

Uniform Act Regulating Traffic

Powers of State and Local Authorities

Current through End of 2010 Legislative Session


K.S.A. 8-2001      Provisions of act uniform throughout state; local traffic regulations.

K.S.A. 8-2002      Powers of local authorities.

K.S.A. 8-2003      Secretary of transportation to adopt sign manual.

K.S.A. 8-2004      Traffic-control devices on state highways; doubling of fine in road construction zone.

K.S.A. 8-2005      Local traffic-control devices; highways and streets designated as connecting links.

K.S.A. 8-2006      Restrictions on pedestrian crossings.

K.S.A. 8-2007      Same; unmarked crosswalks.

K.S.A. 8-2008      Erection and maintenance of stop signs, yield signs and traffic-control devices.

K.S.A. 8-2009      Regulations governing design and operation of school buses; effect of noncompliance.

K.S.A. 8-2009a     School buses; exemptions from requirements of law and regulations; approval by state board of education.

K.S.A. 8-2010      Designation of authorized emergency vehicles.

K.S.A. 8-2010a     Designation of authorized emergency vehicle; application; vehicles which may be designated.

K.S.A. 8-2010b    Operation of vehicle with red light prohibited unless approved emergency vehicle.

K.S.A. 8-2010c     Wreckers, tow trucks or car carriers; operation of emergency lights; when.

K.S.A. 8-2011      Removal of traffic hazards on private property.

K.S.A. 8-2012      Rights of owners of real property.


8-2001. Provisions of act uniform throughout state; local traffic regulations.

            The provisions of this act shall be applicable and uniform throughout this state and in all cities and other political subdivisions therein, and no local authority shall enact or enforce any ordinance in conflict with the provisions of this act unless expressly authorized; however, local authorities may adopt additional traffic regulations which are not in conflict with the provisions of this act.

History: L. 1974, ch. 33, § 8-2001; July 1.

8-2002. Powers of local authorities.

            (a) The provisions of this act shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:

            (1) Regulating or prohibiting stopping, standing or parking;

            (2) regulating traffic by means of police officers or official traffic-control devices;

            (3) regulating or prohibiting processions or assemblages on the highways;

            (4) designating particular highways or roadways for use by traffic moving in one direction as authorized in K.S.A. 8-1521, and amendments thereto;

            (5) establishing speed limits for vehicles in public parks notwithstanding the provisions of subsection (a)(3) of K.S.A. 8-1560, and amendments thereto;

            (6) designating any highway as a through highway or designating any intersection or junction of roadways as a stop or yield intersection or junction;

            (7) restricting the use of highways as authorized in K.S.A. 8-1912, and amendments thereto;

            (8) regulating the operation of bicycles and requiring the registration and inspection of same, including the requirement of a registration fee;

            (9) regulating or prohibiting the turning of vehicles or specified types of vehicles;

            (10) altering or establishing speed limits as authorized in K.S.A. 8-1560, and amendments thereto;

            (11) establish school zones as provided in subsection (a)(4) of K.S.A. 8-1560, and amendments thereto;

            (12) designating no-passing zones as authorized in K.S.A. 8-1520, and amendments thereto;

            (13) prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic as authorized in K.S.A. 8-1525, and amendments thereto;

            (14) prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;

            (15) establishing minimum speed limits as authorized in subsection (b) of K.S.A. 8-1561, and amendments thereto;

            (16) designating hazardous railroad grade crossings as authorized in K.S.A. 8-1552, and amendments thereto;

            (17) designating and regulating traffic on play streets;

            (18) prohibiting pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk as authorized in K.S.A. 8-2006, and amendments thereto;

            (19) restricting pedestrian crossings at unmarked crosswalks as authorized in K.S.A. 8-2007, and amendments thereto;

            (20) regulating persons propelling push carts;

            (21) regulating persons upon skates, coasters, sleds and other toy vehicles;

            (22) adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions;

            (23) adopting such other traffic regulations as are specifically authorized by this act.

            (b) No local authority shall erect or maintain any official traffic-control device at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the secretary of transportation.

            (c) No ordinance, resolution or regulation enacted under paragraph (4), (5), (6), (7), (9), (10), (12), (13), (14), (16), (17) or (19) of subsection (a) of this section shall be effective until official traffic-control devices giving notice of such local traffic regulations are erected upon or at the entrances to the highway or part thereof affected as may be most appropriate.

            (d) No ordinance, resolution or regulation enacted under paragraph (5), (10) or (22) shall establish a speed limit in excess of the speed limit established by or pursuant to subsection (a) of K.S.A. 8-1558, and amendments thereto, or paragraph (2) of subsection (a) or subsection (b) of K.S.A. 8-1560, and amendments thereto.

History: L. 1974, ch. 33, § 8-2002; L. 1975, ch. 39, § 33; L. 1975, ch. 427, § 52; L. 1996, ch. 15, § 8; Mar. 7.

8-2003. Secretary of transportation to adopt sign manual.

            The secretary of transportation shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of this act for use upon highways within this state. Such uniform system shall correlate with and so far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic-control devices for streets and highways and other standards issued or endorsed by the federal highway administrator.

History: L. 1974, ch. 33, § 8-2003; L. 1975, ch. 427, § 53; Aug. 15.

8-2004. Traffic-control devices on state highways; doubling of fine in road construction zone.

            (a) The secretary of transportation shall place and maintain such traffic-control devices, conforming to the manual and specifications adopted under K.S.A. 8-2003, and amendments thereto, upon all state highways as the secretary shall deem necessary to indicate and to carry out the provisions of this act or to regulate, warn or guide traffic.

            (b) No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the secretary of transportation, except by the latter's permission.

            (c) The secretary of transportation shall post signs informing motorists that conviction of a traffic infraction, which is defined as a moving violation in accordance with rules and regulations adopted pursuant to K.S.A. 8-249, and amendments thereto, committed within a road construction zone, as defined in K.S.A. 1998 Supp. 8-1458a, shall result in a fine which is double the fine listed in the uniform fine schedule in K.S.A. 8-2118, and amendments thereto.

History: L. 1974, ch. 33, § 8-2004; L. 1975, ch. 426, § 50; L. 1994, ch. 220, § 9; April 21.

8-2005. Local traffic-control devices; highways and streets designated as connecting links.

            (a) Local authorities in their respective jurisdictions shall place and maintain such traffic-control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this act or local traffic ordinances or to regulate, warn or guide traffic. All such traffic-control devices hereafter erected shall conform to the state manual and specifications.

            (b) Local authorities in exercising those functions referred to in subsection (a) shall be subject to the direction and control of the secretary of transportation with respect to highways and streets designated by the secretary as connecting links in the state highway system.

            (c) In townships located in Douglas, Johnson, Riley, Shawnee and Sedgwick counties, the township board shall place and maintain traffic control devices, other than regulatory signs, on township roads under the board’s jurisdiction. In addition, such township board shall place and maintain regulatory signs on township roads under the board’s jurisdiction consistent with resolutions of the board of county commissioners of the county in which the township road is located. For this purpose, a regulatory sign is a sign setting forth a regulation, the violation of which subjects the operator of the motor vehicle to fine, imprisonment, or both. Nothing in this subsection shall be construed as precluding the board of county commissioners from placing and maintaining traffic-control devices on township roads, if the board determines that traffic control devices or signs placed by a township are inadequate, but the board of county commissioners shall have no obligation to do so.

History: L. 1974, ch. 33, § 8-2005; L. 1975, ch. 427, § 54; L. 2003, ch. 87, § 1 (HB 2150); July 1.

8-2006. Restrictions on pedestrian crossings.

            Local authorities, by ordinance or resolution, and the secretary of transportation, by erecting appropriate official traffic-control devices, are hereby empowered within their respective jurisdictions to prohibit pedestrians from crossing any roadway in a business district or any designated highways except in a crosswalk.

History: L. 1974, ch. 33, § 8-2006; L. 1975, ch. 39, § 34; L. 1975, ch. 427, § 55; Aug. 15.

8-2007. Same; unmarked crosswalks.

            The secretary of transportation and local authorities in their respective jurisdictions, after an engineering and traffic investigation, may designate unmarked crosswalk locations where pedestrian crossing is prohibited or where pedestrians must yield the right-of-way to vehicles. Such restrictions shall be effective only when official traffic-control devices indicating the restrictions are in place.

History: L. 1974, ch. 33, § 8-2007; L. 1975, ch. 427, § 56; Aug. 15.

8-2008. Erection and maintenance of stop signs, yield signs and traffic-control devices.

            The secretary of transportation, with reference to state highways, and local authorities with reference to highways under their jurisdiction may erect and maintain stop signs, yield signs, or other official traffic-control devices to designate through highways, or to designate intersections or other roadway junctions at which vehicular traffic on one (1) or more of the roadways shall yield or stop and yield before entering the intersection or junction.

History: L. 1974, ch. 33, § 8-2008; L. 1975, ch. 39, § 35; L. 1975, ch. 427, § 57; Aug. 15.

8-2009. Regulations governing design and operation of school buses; effect of noncompliance.

            (a) All seats on school buses shall be forward-facing and shall be securely fastened to that part or parts of the school bus which support them, and any rule and regulation of the state board of education providing for any other seating arrangement shall be null and void. The state board of education shall adopt and enforce rules and regulations not inconsistent with this act to govern the design and operation of all school buses. The state board of education shall confer and consult, at such time or times as deemed necessary or advisable, with school officers and administrators and other persons responsible for school transportation services as to the effect of such rules and regulations. When any privately owned school bus is operated under contract with any school district or nonpublic school in this state, such rules and regulations shall by reference be made a part of any such contract with a school district or with a nonpublic school. Every school district, its officers and employees, and every nonpublic school, its officers and employees, and every person employed under contract by a school district or a nonpublic school shall be subject to such rules and regulations.

            (b) Any officer or employee of any school district who violates any of the rules and regulations or fails to include obligation to comply with such rules and regulations in any contract executed on behalf of a school district shall be guilty of misconduct and subject to removal from office or employment. Any person operating a school bus under contract with a school district who fails to comply with any of the rules and regulations shall be guilty of breach of contract and such contract shall be canceled after notice and hearing by the responsible officers of such school district.

            (c) The provisions of this section shall be subject to the provisions contained in K.S.A. 8-2009a, and amendments thereto.

History: L. 1974, ch. 33, § 8-2009; L. 1975, ch. 426, § 51; L. 1976, ch. 40, § 10; L. 1994, ch. 201, § 5; July 1.

8-2009a. School buses; exemptions from requirements of law and regulations; approval by state board of education.

            (a) Every school bus, as defined in K.S.A. 8-1461, and amendments thereto, shall be governed by the requirements of law and rules and regulations of the state board of education applicable to design, lighting equipment, distinctive markings, special warning devices, and any other equipment which are in effect on the date any such school bus is purchased or otherwise acquired, and shall be exempt from the requirements of law and rules and regulations which become effective at any time during a period of 25 years from the date of manufacture of such school bus. The state board of education is hereby required to approve any such school bus as to design, and as to lighting equipment, special warning devices, distinctive markings, and any other equipment required by law and rules and regulations, for operation as a school bus during such exemption period upon submission of a request for such approval.

            (b) The state board of education is authorized to establish the procedure to be followed when request for approval of any such school bus is submitted under this section. The approval shall be in writing and a copy of the written approval shall be carried in the school bus at all times, but failure to carry such copy of the written approval shall not affect the status of the school bus as an approved school bus. The state board of education shall maintain a list of all such school buses which have been approved by the board.

History: L. 1976, ch. 40, § 11; L. 1994, ch. 201, § 6; L. 1997, ch. 133, § 3; L. 2010, ch. 151, § 5 July 1.

8-2010. Designation of authorized emergency vehicles.

            (a) Any particular vehicle listed in subsection (b) of K.S.A. 1998 Supp. 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. 1998 Supp. 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, and;

            (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 (HB 2158); July 1.

8-2010a. Designation of authorized emergency vehicle; application; vehicles which may be designated.

            (a) An application for the designation of a vehicle as an authorized emergency vehicle pursuant to K.S.A. 8-2010, and amendments thereto, shall be submitted to the board of county commissioners in the county in which such vehicle is located and shall be completed and signed: (1) By the individual applicant;

            (2) if a partnership, by a member of the partnership or an authorized agent; or

            (3) if a corporation or municipality, by an officer or authorized agent of the corporation or municipality.

            (b) The following vehicles, upon approval by the board of county commissioners, may be designated as emergency vehicles:

            (1) civil defense vehicles;

            (2) emergency vehicles operated by public utilities;

            (3) the privately owned vehicles of firefighters or volunteer firefighters;

            (4) the privately owned vehicles of police officers; or

            (5) any other vehicle, when it is determined by the board of county commissioners that such designation is necessary to the preservation of life or property or carrying out of emergency governmental functions.

History: L. 1992, ch. 141, § 1; L. 1993, ch. 199, § 3; L. 1996, ch. 180, § 4; L. 2003, ch. 61, § 4 (HB 2158); July 1.

8-2010b. Operation of vehicle with red light prohibited unless approved emergency vehicle.

            A person, partnership, association, corporation municipality or public official shall not operate, or cause to be operated upon a public highway, road or street within this state, a motor vehicle which is required to be designated under the provisions of K.S.A. 8-2010, and amendments thereto, with a red light, siren or both unless such vehicle has been designated as an authorized emergency vehicle pursuant to K.S.A. 8-2010, and amendments thereto.

History: L. 1992, ch. 141, § 2; L. 1993, ch. 199, § 4; July 1.

8-2010c. Wreckers, tow trucks or car carriers; operation of emergency lights; when.

            (a) Wreckers, tow trucks or car carriers designated as authorized emergency vehicles under subsection (c) of K.S.A. 8-2010, and amendments thereto, shall operate such lights authorized under K.S.A. 8-1720, and amendments thereto, only when such wreckers, tow trucks or car carriers are stationary and providing wrecker or towing service at the scene of a vehicle accident or providing emergency service on the side of a highway.

            (b) The provisions of this section shall be part of and supplemental to the uniform act regulating traffic on highways.

History: L. 2003, ch. 61, § 1; July 1.

8-2011. Removal of traffic hazards on private property.

            (a) It shall be the duty of the owner of real property to remove from such property any tree, plant, shrub or other obstruction, or part thereof, which, by obstructing the view of any driver, constitutes a traffic hazard.

            (b) When the secretary of transportation or any local authority determines upon the basis of an engineering and traffic investigation that such a traffic hazard exists, the secretary or such local authority shall notify the owner and order that the hazard be removed within ten (10) days.

            (c) The failure of the owner to remove such traffic hazard within ten (10) days shall constitute an offense punishable by a penalty of ten dollars ($10) and every day said owner shall fail to remove it shall be a separate and distinct offense.

History: L. 1974, ch. 33, § 8-2011; L. 1975, ch. 427, § 59; Aug. 15.

8-2012. Rights of owners of real property.

            Nothing in this act shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as a matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this act, or otherwise regulating such use as may seem best to such owner.

History: L. 1974, ch. 33, § 8-2012; July 1.