K.S.A. Chapter 8 Article 21

Uniform Act Regulating Traffic

Parties, Arrests, Citations, Procedures & Penalties

Current through end of 2016 legislative session

8-2101     Parties to a crime established by uniform act.

8-2102     Offenses by persons owning or controlling vehicles.

8-2103     Application of act to public officers and employees.

8-2104     When person to be taken before judge of district court; arrest at discretion of officer, when; traffic citation only in certain cases.

8-2106     Traffic citation; procedure.

8-2107     Appearance bond; offenses for which bond may be required; deposit of driver's license; suspension of license for failure to appear; penalties for filing for replacement license; cash bond, credit card or arrest bond certificate; amount of and procedures for giving bond; forfeiture of bond; court costs; application to nonresident violator compact..

8-2108     Citation deemed lawful complaint.

8-2109     Authority of officer at scene of accident.

8-2110     Failure to comply with traffic citation; misdemeanor; suspension of driver's license; reinstatement fee; disposition of reinstatement fees.

8-2111     Applicability of procedures in 8-2101 to 8-2110.

8-2112     Citation for illegally parked, standing or stopped vehicle.

8-2113     Same; failure to appear; notice.

8-2114     Same; prosecution; presumption of ownership.

8-2115     Records of traffic cases; transmittal of abstracts to division; form; effect of noncompliance; public inspection of records; notice of final disposition of appeals.

8-2116     Classification of violations; traffic infractions; misdemeanors; repeat misdemeanor offenses.

8-2117     Prosecution of juvenile traffic offenders; disposition.

8-2118     Uniform fine schedule for traffic infraction violations; payment by mail with plea, when; full payment required; ordinance traffic infractions; doubling of fine in road construction zone.

8-2119     Electronic citations; definitions

8-2101. Parties to a crime established by uniform act.

          Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of, any act declared in this act to be a crime, whether individually or in connection with one (1) or more other persons or as a principal, agent or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this act is likewise guilty of such offense.

History: L. 1974, ch. 33, § 8-2101; July 1.

8-2102. Offenses by persons owning or controlling vehicles.

          It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law.

History: L. 1974, ch. 33, § 8-2102; July 1.

8-2103. Application of act to public officers and employees.

          The provisions of this act which are applicable to drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city or any other political subdivision of the state, subject to such specific exceptions as are set forth in this act.

History: L. 1974, ch. 33, § 8-2103; July 1.

8-2104. When person to be taken before judge of district court; arrest at discretion of officer, when; traffic citation only in certain cases.

          (a) When a person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways not amounting to a felony, the person shall be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto if:

          (1) Such person demands an immediate appearance before a judge; or

          (2) such person is to be charged with a violation of K.S.A. 8-1567 and 8-1568, and amendments thereto.

          (b) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a misdemeanor, and is not required to be taken before a judge of the district court as provided in subsection (a), the person, in the discretion of the law enforcement officer, may be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.

          (c) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a traffic infraction, and is not required to be taken before a judge of the district court as provided in subsection (a), the person shall not be taken before a judge of the district court.

          (d) When any person is stopped by a law enforcement officer and is to be charged with violation of any statute defining a traffic violation which is a felony, the person shall be taken without unnecessary delay before a judge of the district court as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.

History: L. 1974, ch. 33, § 8-2104; L. 1976, ch. 145, § 32; L. 1984, ch. 39, § 21; L. 1988, ch. 50, § 1; L. 1991, ch. 43, § 1; July 1.

8-2106. Traffic citation; procedure.

          (a) A law enforcement officer may prepare and deliver to a person a written traffic citation on a form approved by the division of motor vehicles, if the law enforcement officer stops the person for a violation of:

          (1) The uniform act regulating traffic on highways, which violation is a misdemeanor or a traffic infraction;

          (2) K.S.A. 8-262, 8-287, 8-2,144, 8-1599, 40-3104, 40-3106, 41-715, 41-724, 41-727, 47-607, 66-1,111, 66-1,129, 66-1,139, 66-1,140, 66-273, 66-1314, 66-1324, 66-1330, 66-1331, 66-1332, 68-2104, 68-2106, or subsection (b) of K.S.A. 79-34,122, subsection (a) of K.S.A. 21-5607, 21-5810, 21-5815, 21-5816, subsection (a) of K.S.A. 21-5817, or 21-6203;

          (3) K.S.A. 31-155 and amendments thereto involving transportation of bottle rockets;

          (4) K.S.A. 66-1314 or 66-1328, and amendments thereto, and any rules and regulations adopted pursuant thereto;

          (5) any rules and regulations adopted pursuant to K.S.A. 2-1212, 68-2001 or 31-146, and amendments thereto;

          (6) any rules and regulations adopted pursuant to K.S.A. 31-133 and amendments thereto relating to transportation of materials or fuel; or

          (7) K.S.A. 8-1343 through 8-1347 and amendments thereto relating to the child passenger safety act; or

          (8) K.S.A. 8-2501 through 8-2507 and amendments thereto relating to the safety belt use act.

          (b) The citation shall contain a notice to appear in court, the name and address of the person, the type of vehicle the person was driving, whether hazardous materials were being transported, whether an accident occurred, the state registration number of the person's vehicle, if any, a statement whether the vehicle is a commercial vehicle, whether the person is licensed to drive a commercial motor vehicle, the offense or offenses charged, the time and place when and where the person shall appear in court, the signature of the law enforcement officer, and any other pertinent information.

          (c) The time specified in the notice to appear shall be at least five days after the alleged violation unless the person charged with the violation demands an earlier hearing.

          (d) The place specified in the notice to appear shall be before a judge of the district court within the county in which the offense is alleged to have been committed.

          (e) Except in the circumstances to which subsection (a) of K.S.A. 8-2104, and amendments thereto, apply, in the discretion of the law enforcement officer, a person charged with a misdemeanor may give written promise to appear in court by signing at least one copy of the written citation prepared by the law enforcement officer, in which event the law enforcement officer shall deliver a copy of the citation to the person and shall not take the person into physical custody.

          (f) When a person is charged with a traffic infraction, the notice to appear shall provide a place where the person may make a written entry of appearance, waive the right to a trial and plead guilty or no contest. Such notice to appear shall contain a provision that the person’s failure to either pay such fine and court costs or appear at the specified time may result in suspension of the person’s drivers’ license as provided in K.S.A. 8-2110, and amendments thereto. The notice to appear shall provide a space where the law enforcement officer shall enter the appropriate fine specified in the uniform fine schedule contained in K.S.A. 8-2118, and amendments thereto, for the violation charged and court costs in the amount provided by law. If the notice to appear does not do so, the law enforcement officer shall provide a person charged with a traffic infraction a form explaining the person's right to appear, right to a trial and the person's right to pay the appropriate fine and court costs prior to the appearance date.. The law enforcement officer shall provide the person with the address of the court to which the written entry of appearance, waiver of trial, plea of guilty or no contest and payment of fine and court costs shall be mailed.

          (g) Any officer violating any of the provisions of subsection (f) is guilty of misconduct in office and shall be subject to removal from office.

History: L. 1974, ch. 33, § 8-2106; L. 1976, ch. 145, § 34; L. 1984, ch. 39, § 22; L. 1986, ch. 46, § 1; L. 1988, ch. 266, § 3; L. 1988, ch. 50, § 2; L. 1989, ch. 38, § 43; L. 1990, ch. 41, § 10; L. 1991, ch. 44, § 1; L. 1993, ch. 110, § 1; L. 1994, ch. 348, § 11; L. 1995, ch. 190, § 7; L. 2001, ch. 44, § 1; L. 2008, ch. 114, § 2; L. 2011, ch. 30, § 90; July 1.

8-2107. Appearance bond; offenses for which bond may be required; deposit of driver's license; suspension of license for failure to appear; penalties for filing for replacement license; cash bond, credit card or arrest bond certificate; amount of and procedure for giving bond; forfeiture of bond; court costs; application to nonresident violator compact.

          (a) (1) Notwithstanding any other provisions of the uniform act regulating traffic on highways, when a person is stopped by a police officer for any of the offenses described in subsection (d) and such person is not immediately taken before a judge of the district court, the police officer may require the person stopped, subject to the provisions of subsection (c), to deposit with the officer a valid Kansas driver's license in exchange for a receipt therefor issued by such police officer, the form of which shall be approved by the division of vehicles. Such receipt shall be recognized as a valid temporary Kansas driver's license authorizing the operation of a motor vehicle by the person stopped until the date of the hearing stated on the receipt. The driver's license and a written copy of the notice to appear shall be delivered by the police officer to the court having jurisdiction of the offense charged as soon as reasonably possible. If the hearing on such charge is continued for any reason, the judge may note on the receipt the date to which such hearing has been continued and such receipt shall be recognized as a valid temporary Kansas driver's license until such date, but in no event shall such receipt be recognized as a valid Kansas driver's license for a period longer than 30 days from the date set for the original hearing. Any person who has deposited a driver's license with a police officer under this subsection (a) shall have such license returned upon final determination of the charge against such person.

          (2) In the event the person stopped deposits a valid Kansas driver's license with the police officer and fails to appear in the district court on the date set for appearance, or any continuance thereof, and in any event within 30 days from the date set for the original hearing, the court shall forward such person's driver's license to the division of vehicles with an appropriate explanation attached thereto. Upon receipt of such person's driver's license, the division shall suspend such person's privilege to operate a motor vehicle in this state until such person appears before the court having jurisdiction of the offense charged, the court makes a final disposition thereof and notice of such disposition is given by the court to the division. No new or replacement license shall be issued to any such person until such notice of disposition has been received by the division. The provisions of K.S.A. 8-256, and amendments thereto, limiting the suspension of a license to one year, shall not apply to suspensions for failure to appear as provided in this subsection (a).

          (b) No person shall apply for a replacement or new driver's license prior to the return of such person's original license which has been deposited in lieu of bond under this section. Violation of this subsection (b) is a class C misdemeanor. The division may suspend such person's driver's license for a period of not to exceed one year from the date the division receives notice of the disposition of the person's charge as provided in subsection (a).

          (c) (1) In lieu of depositing a valid Kansas driver's license with the stopping police officer as provided in subsection (a), the person stopped may elect to give bond in the amount specified in subsection (d) for the offense for which the person was stopped. When such person does not have a valid Kansas driver's license, such person shall give such bond. Such bond shall be subject to forfeiture if the person stopped does not appear at the court and at the time specified in the written notice provided for in K.S.A. 8-2106, and amendments thereto.

          (2) Such bond may be a cash bond, a bank card draft from any valid and unexpired credit card approved by the division of vehicles or superintendent of the Kansas highway patrol or a guaranteed arrest bond certificate issued by either a surety company authorized to transact such business in this state or an automobile club authorized to transact business in this state by the commissioner of insurance. If any of the approved bank card issuers redeem the bank card draft at a discounted rate, such discount shall be charged against the amount designated as the fine for the offense. If such bond is not forfeited, the amount of the bond less the discount rate shall be reimbursed to the person providing the bond by the use of a bank card draft. Any such guaranteed arrest bond certificate shall be signed by the person to whom it is issued and shall contain a printed statement that such surety company or automobile club guarantees the appearance of such person and will, in the event of failure of such person to appear in court at the time of trial, pay any fine or forfeiture imposed on such person not to exceed an amount to be stated on such certificate.

          (3) Such cash bond shall be taken in the following manner: The police officer shall furnish the person stopped a stamped envelope addressed to the judge or clerk of the court named in the written notice to appear and the person shall place in such envelope the amount of the bond, and in the presence of the police officer shall deposit the same in the United States mail. After such cash payment, the person stopped need not sign the written notice to appear, but the police officer shall note the amount of the bond mailed on the notice to appear form and shall give a copy of such form to the person. If the person stopped furnishes the police officer with a guaranteed arrest bond certificate or bank card draft, the police officer shall give such person a receipt therefor and shall note the amount of the bond on the notice to appear form and give a copy of such form to the person stopped. Such person need not sign the written notice to appear, and the police officer shall present the notice to appear and the guaranteed arrest bond certificate or bank card draft to the court having jurisdiction of the offense charged as soon as reasonably possible.

          (d) The offenses for which appearance bonds may be required as provided in subsection (c) and the amounts thereof shall be as follows:

          On and after July 1, 1996:

Reckless driving

$82

Driving when privilege is canceled, suspended or revoked

82

Failure to comply with lawful order of officer

57

Registration violation (registered for 12,000 pounds or less)

52

Registration violation (registered for more than 12,000 pounds)

92

No driver's license for the class of vehicle operated or violation of restrictions

52

Spilling load on highway

52

Transporting open container of alcoholic liquor or cereal malt beverage accessible while vehicle in motion

223

          (e) In the event of forfeiture of any bond under this section, $75 of the amount forfeited shall be regarded as a docket fee in any court having jurisdiction over the violation of state law.

          (f) None of the provisions of this section shall be construed to conflict with the provisions of the nonresident violator compact.

          (g) When a person is stopped by a police officer for any traffic infraction and the person is a resident of a state which is not a member of the nonresident violator compact, K.S.A. 8-1219 et seq., and amendments thereto, or the person is licensed to drive under the laws of a foreign country, the police officer may require a bond as provided for under subsection (c). The bond shall be in the amount specified in the uniform fine schedule in K.S.A. 8-2118(c), and amendments thereto, plus $75 which shall be regarded as a docket fee in any court having jurisdiction over the violation of state law.

          (h) When a person is stopped by a police officer for failure to provide proof of financial security pursuant to K.S.A. 40-3104, and amendments thereto, and the person is a resident of another state or the person is licensed to drive under the laws of a foreign country, the police officer may require a bond as provided for under subsection (c). The bond shall be in the amount of $75, plus $75 which shall be regarded as a docket fee in any court having jurisdiction over the violation of state law.

          (i) Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2015, through June 30, 2017, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.

History: L. 1974, ch. 33, § 8-2107; L. 1977, ch. 38, § 2; L. 1977, ch. 304, § 18; L. 1980, ch. 44, § 2; L. 1981, ch. 46, § 4; L. 1982, ch. 46, § 5; L. 1982, ch. 47, § 1; L. 1983, ch. 42, § 1; L. 1984, ch. 148, § 1; L. 1984, ch. 39, § 23; L. 1985, ch. 43, § 2; L. 1986, ch. 47, § 1; L. 1986, ch. 146, § 1; L. 1987, ch. 134, § 1; L. 1987, ch. 50, § 1; L. 1987, ch. 51, § 1; L. 1988, ch. 266, § 4; L. 1989, ch. 239, § 1; L. 1992, ch. 315, § 3; L. 1993, ch. 116, § 1; L. 1994, ch. 24, § 7; L. 1994, ch. 335, § 6; L. 1996, ch. 234, § 5; L. 2000 ch. 177, § 2; L. 2003, ch. 124, § 4; L. 2004, ch. 114, § 4; L. 2006, ch. 215, § 2; L. 2008, ch. 95, § 2; L. 2009, ch. 116, § 2; L. 2010, ch. 62, § 1; L. 2011, ch. 87, § 1; L. 2012, ch. 66, § 1; L. 2013, ch. 125, § 1; L. 2015, ch. 81, § 5; July 1.

8-2108. Citation deemed lawful complaint.

          In the event the form of citation provided for in K.S.A. 8-2106 and amendments thereto includes information required by law and is signed by the officer preparing it, such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution for the violation specified.

History: L. 1974, ch. 33, § 8-2108; L. 1975, ch. 39, § 36; L. 1977, ch. 44, § 1; L. 1988, ch. 50, § 3; July 1.

8-2109. Authority of officer at scene of accident.

          (a) Except for felonies, a police officer at the scene of a traffic accident may issue a written traffic citation, as provided in K.S.A. 8-2106 and amendments thereto, to any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this act in connection with the accident.

          (b) A police officer at the scene of a traffic accident may arrest any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of the uniform vehicle code in connection with the accident, except when every such offense is a traffic infraction.

History: L. 1974, ch. 33, § 8-2109; L. 1982, ch. 48, § 1; L. 1984, ch. 39, § 24; Jan. 1, 1985.

8-2110. Failure to comply with traffic citation; misdemeanor; suspension of driver's license; reinstatement fee; disposition of reinstatement fees.

          (a) Failure to comply with a traffic citation means failure either to (1) appear before any district or municipal court in response to a traffic citation and pay in full any fine and court costs imposed or (2) otherwise comply with a traffic citation as provided in K.S.A. 8-2118, and amendments thereto. Failure to comply with a traffic citation is a misdemeanor, regardless of the disposition of the charge for which such citation was originally issued.

          (b) In addition to penalties of law applicable under subsection (a), when a person fails to comply with a traffic citation, except for illegal parking, standing or stopping, the district or municipal court in which the person should have complied with the citation shall mail notice to the person that if the person does not appear in district or municipal court or pay all fines, court costs and any penalties within 30 days from the date of mailing notice, the division of vehicles will be notified to suspend the person’s driving privileges. The district or municipal court may charge an additional fee of $5 for mailing such notice. Upon the person’s failure to comply within such 30 days of mailing notice, the district or municipal court shall electronically notify the division of vehicles. Upon receipt of a report of a failure to comply with a traffic citation under this subsection, pursuant to K.S.A. 8-255, and amendments thereto, the division of vehicles shall notify the violator and suspend the license of the violator until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the informing court. When the court determines the person has complied with the terms of the traffic citation, the court shall immediately electronically notify the division of vehicles of such compliance. Upon receipt of notification of such compliance from the informing court, the division of vehicles shall terminate the suspension or suspension action.

          (2) (A) In lieu of suspension under paragraph (1), the driver may submit to the division of vehicles a written request for restricted driving privileges, with a non-refundable $25 application fee, to be applied by the division of vehicles for additional administrative costs to implement restricted driving privileges. The division shall remit all restricted driving privilege application fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the division of vehicles operating fund.

          (B) A person whose driver’s license has expired during the period when such person’s drivers license has been suspended for failure to pay fines for traffic citations, the driver may submit to the division of vehicles a written request for restricted driving privileges, with a non-refundable $25 application fee, to be applied by the division of vehicles for additional administrative costs to implement restricted driving privileges. The division shall remit all restricted driving privilege application fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the division of vehicles operating fund. An individual shall not qualify for restricted driving privileges pursuant to this section unless the following conditions are met: (i) The suspended license that expired was issued by the division of vehicles; (ii) the suspended license resulted from the individual’s failure to comply with a traffic citation pursuant to subsection (b)(1); (iii) the traffic citation that resulted in the failure to comply pursuant to subsection (b)(1) was issued in this state; and (iv) the individual has not previously received a stayed suspension as a result of a driving while suspended conviction.

          (C) Upon review and approval of the driver’s eligibility, the driving privileges will be restricted by the division of vehicles for a period up to one year or until the terms of the traffic citation have been complied with and the court shall immediately electronically notify the division of vehicles of such compliance. If the driver fails to comply with the traffic citation within the one year restricted period, the driving privileges will be suspended by the division of vehicles until the court determines the person has complied with the terms of the traffic citation and the court shall immediately electronically notify the division of vehicles of such compliance. Upon receipt of notification of such compliance from the informing court, the division of vehicles shall terminate the suspension action. When restricted driving privileges are approved pursuant to this section, the person’s driving privileges shall be restricted to driving only under the following circumstances: (i) In going to or returning from the person’s place of employment or schooling; (ii) in the course of the person’s employment; (iii) in going to or returning from an appointment with a health care provider or during a medical emergency; and (iv) in going to and returning from probation or parole meetings, drug or alcohol counseling or any place the person is required to go by a court.

          (c) Except as provided in subsection (d), when the district or municipal court notifies the division of vehicles of a failure to comply with a traffic citation pursuant to subsection (b), the court shall assess a reinstatement fee of $59 for each charge on which the person failed to make satisfaction regardless of the disposition of the charge for which such citation was originally issued and regardless of any application for restricted driving privileges. Such reinstatement fee shall be in addition to any fine, restricted driving privilege application fee, district or municipal court costs and other penalties. The court shall remit all reinstatement fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and shall credit 42.37% of such moneys to the division of vehicles operating fund, 31.78% to the community alcoholism and intoxication programs fund created by K.S.A. 41-1126, and amendments thereto, and 10.59% to the alternatives to juvenile detention fund created by K.S.A. 79-4803, and amendments thereto, and 15.26% to the judicial branch nonjudicial salary adjustment fund created by K.S.A. 2015 Supp. 20-1a15, and amendments thereto.

          (d) The district court or municipal court shall waive the reinstatement fee provided for in subsection (c), if the failure to comply with a traffic citation was the result of such person enlisting in or being drafted into the armed services of the United States, being called into service as a member of a reserve component of the military service of the United States, or volunteering for such active duty, or being called into service as a member of the state of Kansas national guard, or volunteering for such active duty, and being absent from Kansas because of such military service. In any case of a failure to comply with a traffic citation which occurred on or after August 1, 1990, and prior to the effective date of this act, in which a person was assessed and paid a reinstatement fee and the person failed to comply with a traffic citation because the person was absent from Kansas because of any such military service, the reinstatement fee shall be reimbursed to such person upon application therefor. The state treasurer and the director of accounts and reports shall prescribe procedures for all such reimbursement payments and shall create appropriate accounts, make appropriate accounting entries and issue such appropriate vouchers and warrants as may be required to make such reimbursement payments.

          (e) Except as provided further, the reinstatement fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for such reinstatement. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2015, through June 30, 2017, the supreme court may impose an additional charge, not to exceed $22 per reinstatement fee, to fund the costs of non-judicial personnel.

History: L. 1974, ch. 33, § 8-2110; L. 1982, ch. 46, § 6; L. 1984, ch. 39, § 25; L. 1985, ch. 78, § 2; L. 1990, ch. 43, § 6; L. 1991, ch. 282, § 6; L. 1991, ch. 36, § 24; L. 1994, ch. 351, § 2; L. 2001, ch. 5, § 38; L. 2002, Ch. 43, § 1; L. 2006, ch. 215, §§ 3; L. 2008, ch. 114, § 1; L. 2008, ch. 150, § 9; L. 2009, ch. 111, § 1; L. 2009, ch. 143, § 4; L. 2010, ch. 62, § 2; L. 2011, ch. 87, § 2; L. 2012, ch. 66, § 2; L. 2013, ch. 107, § 1; L. 2013, ch. 125, § 2; July 1; L. 2014, ch. 67, § 2; L. 2015, ch. 81, § 6; L. 2016, ch. 46, § 19; July 1.

8-2111. Applicability of procedures in 8-2101 to 8-2110.

          The foregoing provisions of this article shall govern all police officers in making arrests without a warrant for violations of any provisions of article 15, 16, 17, 18 or 19 of chapter 8 of Kansas Statutes Annotated, and amendments thereto, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade. Notwithstanding the other provisions of this section, a police officer may arrest for a misdemeanor under K.S.A. 22-2401 on the basis that evidence will be irretrievably lost or that the person may cause self-injury or injury to others or damage to property.

History: L. 1974, ch. 33, § 8-2111; L. 1982, ch. 48, § 2; July 1.

8-2112. Citation for illegally parked, standing or stopped vehicle.

          Whenever any motor vehicle without driver is found parked, standing or stopped in violation of this act or any ordinance, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation.

History: L. 1974, ch. 33, § 8-2112; July 1.

8-2113. Same; failure to appear; notice.

          If a violator of state or local restrictions on stopping, standing or parking does not appear in response to a traffic citation affixed to such motor vehicle within a period of five (5) days, the clerk of the court, shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing the owner of the violation and warning that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued.

History: L. 1974, ch. 33, § 8-2113; July 1.

8-2114. Same; prosecution; presumption of ownership.

          (a) In any prosecution charging a violation of any law or regulation governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint was in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of the violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

          (b) The foregoing stated presumption shall apply only when the procedure as prescribed in K.S.A. 8-2112 and 8-2113 has been followed.

History: L. 1974, ch. 33, § 8-2114; July 1.

8-2115. Records of traffic cases; transmittal of abstracts to division; form; effect of noncompliance; public inspection of records; notice of final disposition of appeals.

          (a) Every municipal judge or judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this act or of any other law regulating the operation of vehicles on highways or for the violation of an ordinance of any city defining any offense the provisions of which are identical with provisions of this act, or fixing a limitation upon the speed of vehicles pursuant to the provisions of this act.

          (b) Within 10 days after the conviction or forfeiture of bail or an appearance bond of a person upon a charge of violating any provisions of this act or other law or city ordinance regulating the operation of vehicles on highways, every judge or clerk of the court in which such conviction was had or bail or bond was forfeited shall prepare and immediately electronically forward to the division an abstract of the record of the court covering the case in which such person was so convicted or forfeited bail or bond. The abstract shall be forwarded in an electronic format approved by the division.

          (c) Every court of record also shall forward a like report to the division upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.

          (d) The failure, refusal or neglect of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be ground for removal therefrom.

          (e) The division shall electronically file all abstracts received hereunder at its main office and the same shall be open to public inspection during reasonable business hours.

          (f) The clerk of any court of record to which a conviction for violation of any of the laws described in subsection (a) has been appealed within 10 days of the final disposition of such appeal shall forward a notification of such final disposition to the division in an electronic

format approved by the division.

History: L. 1974, ch. 33, § 8-2115; L. 1984, ch. 43, § 1; L. 1986, ch. 84, § 1; L. 1991, ch. 36, § 21; L. 1996, ch. 120, § 2; L. 2006, ch. 103, § 3; July 1.

8-2116. Classification of violations; traffic infractions; misdemeanors; repeat misdemeanor offenses.

          (a) Every person convicted of violating any of the sections listed in the uniform fine schedule in K.S.A. 8-2118 is guilty of a traffic infraction.

          (b) Except where another penalty or class of misdemeanor is provided by statute, every person convicted of violating any provision of the uniform act regulating traffic on highways designated as a misdemeanor is guilty of a class C misdemeanor, except that upon a second such offense committed within one year after the date of the first such offense, upon conviction thereof, such person is guilty of a class B misdemeanor, and upon a third or subsequent such offense committed within one year after the first such offense, upon conviction thereof, such person is guilty of a class A misdemeanor.

History: L. 1974, ch. 33, § 8-2116; L. 1975, ch. 39, § 37; L. 1984, ch. 39, § 26; Jan. 1, 1985.

8-2117. Prosecution of juvenile traffic offenders; disposition.

          (a) Subject to the provisions of this section, a court of competent jurisdiction may hear prosecutions of traffic offenses involving any child 14 or more years of age but less than 18 years of age. The court hearing the prosecution may impose any fine authorized by law for a traffic offense, including a violation of K.S.A. 8-1567 and amendments thereto, and may order that the child be placed in a juvenile detention facility, as defined by K.S.A. 2006 Supp. 38-2302, and amendments thereto, for not more than 10 days. If the child is less than 18 years of age, the child shall not be incarcerated in a jail as defined by K.S.A. 2006 Supp. 38-2302, and amendments thereto. If the statute under which the child is convicted requires a revocation or suspension of driving privileges, the court shall revoke or suspend such privileges in accordance with that statute. Otherwise, the court may suspend the license of any person who is convicted of a traffic offense and who was under 18 years of age at the time of commission of the offense. Suspension of a license shall be for a period not exceeding one year, as ordered by the court. Upon suspending any license pursuant to this section, the court shall require that the license be surrendered to the court and shall transmit the license to the division of vehicles with a copy of the court order showing the time for which the license is suspended. The court may modify the time for which the license is suspended, in which case it shall notify the division of vehicles in writing of the modification. After the time period has passed for which the license is suspended, the division of vehicles shall issue an appropriate license to the person whose license had been suspended, upon successful completion of the examination required by K.S.A. 8-241 and amendments thereto and upon proper application and payment of the required fee unless the child's driving privileges have been revoked, suspended or cancelled for another cause and the revocation, suspension or cancellation has not expired.

          (b) Instead of suspending a driver's license pursuant to this section, the court may place restrictions on the child's driver's privileges pursuant to K.S.A. 8-292 and amendments thereto.

          (c) Instead of the penalties provided in subsections (a) and (b), the court may place the child under a house arrest program, pursuant to K.S.A. 21-6609, and amendments thereto, and sentence the child to the same sentence as an adult traffic offender under K.S.A. 8-2116, and amendments thereto.

          (d) As used in this section, 'traffic offense' means a violation of the uniform act regulating traffic on highways, a violation of articles 1 and 2 of chapter 8 of the Kansas Statutes Annotated and a violation of K.S.A. 40-3104, and amendments thereto. 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, a violation of articles 1 and 2 of chapter 8 of the Kansas Statutes Annotated, or a violation of K.S.A. 40-3104, and amendments thereto, and any violation of a city ordinance or county resolution which prohibits acts which are not violations of state laws and which relate to the regulation of traffic on the roads, highways or streets or the operation of self-propelled or nonself-propelled vehicles of any kind.

History: L. 1978, ch. 158, § 34; L. 1981, ch. 183, § 1; L. 1982, ch. 182, § 118; L. 1983, ch. 140, § 1; L. 1986, ch. 161, § 7; L. 1989, ch. 92, § 17; L. 1990, ch. 150, § 2; L. 1993, ch. 209, § 1; L. 2006, ch. 169, § 89; L. 2006, ch. 186, § 6; L. 2007, ch. 195, § 6, L. 2011, ch. 30, § 97; July 1.

8-2118. Uniform fine schedule for traffic infraction violations; payment by mail with plea, when; full payment required; ordinance traffic infractions; doubling of fine in road construction zone.

          (a) A person charged with a traffic infraction shall, except as provided in subsection (b), appear at the place and time specified in the notice to appear. If the person enters an appearance, waives right to trial, pleads guilty or no contest, the fine shall be no greater than that specified in the uniform fine schedule in subsection (c) and court costs shall be taxed as provided by law.

          (b) Prior to the time specified in the notice to appear, a person charged with a traffic infraction may enter a written appearance, waive right to trial, plead guilty or no contest and pay the fine for the violation as specified in the uniform fine schedule in subsection (c) and court costs provided by law. Payment may be made in any manner accepted by the court. The traffic citation shall not have been complied with if the payment is not honored for any reason, or if the fine and court costs are not paid in full. When a person charged with a traffic infraction makes payment without executing a written waiver of right to trial and plea of guilty or no contest, the payment shall be deemed such an appearance, waiver of right to trial and plea of no contest.

          (c) The following uniform fine schedule shall apply uniformly throughout the state but shall not limit the fine which may be imposed following a court appearance, except an appearance made for the purpose of pleading and payment as permitted by subsection (a). The description of offense contained in the following uniform fine schedule is for reference only and is not a legal definition.

 

Description of Offense

Statute

Fine

Refusal to submit to a preliminary breath test

8-1012

$105

Unsafe speed for prevailing conditions

8-1557

$75

Exceeding maximum speed limit; or speeding in zone posted by the state department of transportation; or speeding in locally posted zone

8-1558

 

to

 

8-1560

8-1560a or

8-1560b

1 - 10 mph over the limit, $45; 11 - 20 mph over the limit, $45 plus $6 per mph over 10 mph over the limit; 21-30 mph over the limit, $105 plus $9 per mph over 20 mph over the limit; 31 and more mph over the limit, $195 plus $15 per mph over 30 mph over the limit;

Disobeying traffic control device

8-1507

$75

Violating traffic control signal

8-1508

$75

Violating pedestrian control signal

8-1509

$45

Violating flashing traffic signals

8-1510

$75

Violating lane-control signal

8-1511

$75

Unauthorized sign, signal, marking or device

8-1512

$45

Driving on left side of roadway

8-1514

$75

Failure to keep right to pass oncoming vehicle

8- 1515

$75

Improper passing; increasing speed when passed

8-1516

$75

Improper passing on right

8-1517

$75

Passing on left with insufficient clearance

8-1518

$75

Driving on left side where curve, grade, intersection railroad crossing, or obstructed view

8-1519

$75

Driving on left in no-passing zone

8-1520

$75

Driving wrong direction on one-way road

8-1521

$75

Improper driving on laned roadway

8-1522

$75

Following too close

8-1523

$75

Improper crossover on divided highway

8-1524

$45

Failure to yield right-of-way at uncontrolled intersection

8-1526

$75

Failure to yield to approaching vehicle when turning left

8-1527

$75

Failure to yield at stop or yield sign

8-1528

$75

Failure to yield from private road or driveway

8-1529

$75

Failure to yield to emergency vehicle

8-1530

$195

Failure to yield to pedestrian or vehicle working on roadway

8-1531

$105

Failure to comply with restrictions in road construction zone

8-1531a

$45

Disobeying pedestrian traffic control device

8-1532

$45

Failure to yield to pedestrian in crosswalk pedestrian suddenly entering roadway; passing vehicle stopped for pedestrian at crosswalk

8-1533

$75

Improper pedestrian crossing

8-1534

$45

Failure to exercise due care in regard to pedestrian

8-1535

$45

Improper pedestrian movement in crosswalk

8-1536

$45

Improper use of roadway by pedestrian

8-1537

$45

Soliciting ride or business on roadway

8-1538

$45

Driving through safety zone

8-1539

$45

Failure to yield to pedestrian on sidewalk

8-1540

$45

Failure of pedestrian to yield to emergency vehicle

8-1541

$45

Failure to yield to blind pedestrian

8-1542

$45

Pedestrian disobeying bridge or railroad signal

8-1544

$45

Improper turn or approach

8-1545

$75

Improper "U" turn

8-1546

$75

Unsafe starting of stopped vehicle

8-1547

$75

Unsafe turning or stopping, failure to give proper signal; using turn signal unlawfully

8-1548

$75

Improper method of giving notice of intention to turn

8-1549

$45

Improper hand signal

8-1550

$45

Failure to stop or obey railroad crossing signal

8-1551

$195

Failure to stop at railroad crossing stop sign

8-1552

$135

Certain hazardous vehicles failure to stop at railroad crossing

8-1553

$195

Improper moving of heavy equipment at railroad crossing

8-1554

$75

Vehicle emerging from alley, private roadway, building or driveway

8-1555

$75

Improper passing of school bus; improper use of school bus signals

8-1556

$315

Improper passing of church or day-care bus; improper use of signals

8-1556a

$195

Impeding normal traffic by slow speed

8-1561

$45

Speeding on motor-driven cycle

8-1562

$75

Speeding in certain vehicles or on posted bridge

8-1563

$45

Improper stopping, standing or parking on roadway

8-1569

$45

Parking, standing or stopping in prohibited area

8-1571

$45

Improper parking

8-1572

$45

Unattended vehicle

8-1573

$45

Improper backing

8-1574

$45

Driving on sidewalk

8-1575

$45

Driving with view or driving mechanism obstructed

8-1576

$45

Unsafe opening of vehicle door

8-1577

$45

Riding in house trailer

8-1578

$45

Improper driving in defiles, canyons, or on grades

8-1579

$45

Coasting

8-1580

$45

Following fire apparatus too closely

8-1581

$75

Driving over fire hose

8-1582

$45

Putting glass, etc., on highway

8-1583

$105

Driving into intersection, crosswalk, or crossing without sufficient space on other side

8-1584

$45

Improper operation of snowmobile on highway

8-1585

$45

Parental responsibility of child riding bicycle

8-1586

$45

Not riding on bicycle seat; too many persons on bicycle

8-1588

$45

Clinging to other vehicle

8-1589

$45

Improper riding of bicycle on roadway

8-1590

$45

Carrying articles on bicycle; one hand on handlebars

8-1591

$45

Improper bicycle lamps, brakes or reflectors

8-1592

$45

Improper operation of motorcycle; seats, passengers, bundles

8-1594

$45

Improper operation of motorcycle on laned roadway

8-1595

$75

Motorcycle clinging to other vehicle

8-1596

$45

Improper motorcycle handlebars or passenger equipment

8-1597

$75

Motorcycle helmet and eye-protection requirements

8-1598

$45

Unlawful operation of all-terrain vehicle

8-15,100

$75

Unlawful operation of low-speed vehicle

8-15,101

$75

Littering

8-15,102

$115

Disobeying school crossing guard

8-15,103

$75

Unlawful operation of micro utility truck

8-15,106

$75

Failure to remove vehicles in accidents

8-15,107

$75

Unlawful operation of golf cart

8-15,108

$75

Unlawful operation of work-site utility vehicle

8-15,109

$75

Unlawful display of license plate section

8-15,110

$75

Unlawful text messaging

8-15,111

$75

Equipment offenses that are not misdemeanors

8-1701

$75

Driving without lights when needed

8-1703

$75

Defective headlamps

8-1705

$45

Defective tail lamps

8-1706

$45

Defective reflector

8-1707

$45

Improper stop lamp or turn signal

8-1708

$45

Improper lighting equipment on certain vehicles

8-1710

$45

Improper lamp color on certain vehicles

8-1711

$45

Improper mounting of reflectors and lamps on certain vehicles

8-1712

$45

Improper visibility of reflectors and lamps on certain vehicles

8-1713

$45

No lamp or flag on projecting load

8-1715

$75

Improper lamps on parked vehicle

8-1716

$45

Improper lights, lamps, reflectors and emblems on farm tractors or slow-moving vehicles

8-1717

$45

Improper lamps and equipment on implements of husbandry road machinery or animal-drawn vehicles

8-1718

$45

Unlawful use of spot, fog, or auxiliary lamp

8-1719

$45

Improper lamps or lights on emergency vehicle

8-1720

$45

Improper stop or turn signal

8-1721

$45

Improper vehicular hazard warning lamp

8-1722

$45

Unauthorized additional lighting equipment

8-1723

$45

Improper multiple-beam lights

8-1724

$45

Failure to dim headlights

8-1725

$75

Improper single-beam headlights

8-1726

$45

Improper speed with alternate lighting

8-1727

$45

Improper number of driving lamps

8-1728

$45

Unauthorized lights and signals

8-1729

$45

Improper school bus lighting equipment and warning devices

8-1730

$45

Unauthorized lights and devices on church or day-care bus

8-1730a

$45

Improper lights on highway construction or maintenance vehicles

8-1731

$45

Defective brakes

8-1734

$45

Defective or improper use of horn or warning device

8-1738

$45

Defective muffler

8-1739

$45

Defective mirror

8-1740

$45

Defective wipers; obstructed windshield or windows

8-1741

$45

Improper tires

8-1742

$45

Improper flares or warning devices

8-1744

$45

Improper use of vehicular hazard warning lamps and devices

8-1745

$45

Improper air-conditioning equipment

8-1747

$45

Improper safety belt or shoulder harness

8-1749

$45

Improper wide-based single tires

8-1742b

$75

Improper compression release engine braking system

8-1761

$75

Defective motorcycle headlamp

8-1801

$45

Defective motorcycle tail lamp

8-1802

$45

Defective motorcycle reflector

8-1803

$45

Defective motorcycle stop lamps and turn signals

8-1804

$45

Defective multiple-beam lighting

8-1805

$45

Improper road-lighting equipment on motor-driven cycles

8-1806

$45

Defective motorcycle or motor-driven cycle brakes

8-1807

$45

Improper performance ability of brakes

8-1808

$45

Operating motorcycle with disapproved braking system

8-1809

$45

Defective horn, muffler, mirrors or tires

8-1810

$45

Unlawful statehouse parking

75-4510a

$30

Exceeding gross weight of vehicle or combination

8-1909

Pounds Overweight up to 1000 . . . . . . . . . . . . . . . . .$40

 

1001 to 2000. . .3¢ per pound

 

2001 to 5000 .. 5¢ per pound

 

5001 to 7500 . . 7¢ per pound

 

7501 and over . 10¢ per pound

Exceeding gross weight on any axle or tandem, triple or quad axles

8-1908

Pounds Overweight up to 1000 . . . . . . . . . . . . . . . . .$40

 

1001 to 2000.. . 3¢ per pound

 

2001 to 5000 .. .5¢ per pound

 

5001 to 7500 . . 7¢ per pound

 

7501 and over . 10¢ per pound

Failure to obtain proper registration, clearance or to have current certification

66-1324

$287

Insufficient liability insurance for motor carriers

66-1,128 or 66-1314

$137

Failure to obtain interstate motor fuel tax authorization

79-34,122

$137

No authority as private or common carrier

66-1,111

$137

Violation of motor carrier safety rules and regulations, except for violations specified in subsection (b)(2) of K.S.A. 66-1,130, and amendments thereto.

66-1,129

$115

 

          (d) Traffic offenses classified as traffic infractions by this section shall be classified as ordinance traffic infractions by those cities adopting ordinances prohibiting the same offenses. A schedule of fines for all ordinance traffic infractions shall be established by the municipal judge in the manner prescribed by K.S.A. 12-4305 and amendments thereto. Such fines may vary from those contained in the uniform fine schedule contained in subsection (c).

          (e) Fines listed in the uniform fine schedule contained in subsection (c) shall be doubled if a person is convicted 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 any road construction zone as defined in K.S.A. 2000 Supp. 8-1458a, and amendments thereto.

          (f) For a second violation of K.S.A. 8-1908 or 8-1909, and amendments thereto, within two years after a prior conviction of K.S.A. 8-1908 or 8-1909, and amendments thereto, such person, upon conviction shall be fined 11.2 times the applicable amount from one, but not both, of the schedules listed in the uniform fine schedule contained in subsection (c). For a third violation of K.S.A. 8-1908 or 8-1909, and amendments thereto, within two years, after two prior convictions of K.S.A. 8-1908 or 8-1909, and amendments thereto, such person, upon conviction shall be fined two times the applicable amount from one, but not both, of the schedules listed in the uniform fine schedule contained in subsection (c). For a fourth and each succeeding violation of K.S.A. 8-1908 or 8-1909, and amendments thereto, within two years after three prior convictions of K.S.A. 8-1908 or 8-1909, and amendments thereto, such person, upon conviction shall be fined 21.2 times the applicable amount from one, but not both, of the schedules listed in the uniform fine schedule contained in subsection (c).

          (g) Fines listed in the uniform fine schedule contained in subsection (c) relating to exceeding the maximum speed limit, shall be doubled if a person is convicted of exceeding the maximum speed limit in a school zone authorized under subsection (a)(4) of K.S.A. 8-1560, and amendments thereto.

History: L. 1984, ch. 39, § 1; L. 1986, ch. 40, § 6; L. 1986, ch. 84, § 2; L. 1986, ch. 41, § 2; L. 1987, ch. 48, § 4; L. 1992, ch. 317, § 6; L. 1993, ch. 125, § 2; L. 1994, ch. 220, § 10; L. 1995, ch. 42, § 1; L. 1996, ch. 15, § 9; L. 1996, ch. 220, § 8; L. 1997, ch. 133, § 5; L. 2000 ch. 179, § 24; L. 2001, 184, § 1; L. 2004, ch. 114, § 5; L. 2004, ch. 163, § 2; L. 2006, ch. 133, § 3; L. 2006, ch. 134, § 5; L. 2007, ch, 140, § 9, L. 2008, ch. 167, § 8; L. 2009, ch, 6, § 4, L. 2009, ch. 119, § 8, L. 2010, ch. 151, § 6; L. 2010, ch, 145, § 1; L. 2011, ch. 91, § 41; July 1.

8-2119. Electronic citations; definitions

          (a) As used in this section:

          (1) "Electronic citation" means a charging citation, complaint or notice to appear which is prepared by a law enforcement officer in an electronic data device with intent that the data collected will be electronically filed with a court or prosecutor for prosecution of a crime as provided in subsection (a) of K.S.A. 8-2106, and amendments thereto. The data elements collected shall conform to the requirements of the division of motor vehicles as the form of a paper citation and must be approved as provided in subsection (a) of K.S.A. 8-2106, and amendments thereto.

          (2) "Electronic citation system" means the device, database or computer software used to create, store, transmit or exchange the data included in an electronic citation.

          (3) "Electronic signature" means an electronic signature having legal effect pursuant to the Kansas uniform electronic transaction act, K.S.A. 16-1601 et seq., and amendments thereto.

          (b) For purposes of an electronic citation issued under this section, an electronic signature indicated by the law enforcement officer’s typed name, agency and agency number has the same effect and is as sufficient as a manual signature as required in K.S.A. 8-2106, 8-2108 or subsection (b) of 22-3201, and amendments thereto.

          (c) A notice to appear, complaint or citation as provided in K.S.A. 8-2106, and amendments thereto, shall be deemed to be written if on a paper form or in a document printed from an electronic citation system.

          (d) A person being charged by a law enforcement officer shall be deemed to have signed a citation or notice to appear as provided in K.S.A. 8-2106 and 8-2107, and amendments thereto, if the person physically signs the paper citation or notice to appear document or, in the case of an electronic citation or notice to appear, verbally acknowledges that the person promises to appear on or before the date set at or with the designated court. To secure a verbal promise to appear, the law enforcement officer shall ask, "Do you agree to appear before the court on or before (date) ?" The officer shall accurately record the response of the person being charged as: Yes, no or no response.

          (e) This section shall be part of and supplemental to the uniform act regulating traffic on highways.

History: L. 2010, ch, 56, § 1; July 1.