K.S.A. Chapter 8 Article 25

Seat Belts

Current through End of 2015 Legislative Session

8-2501            Safety belt use act; citation.

8-2502            Same; 'passenger car' defined.

8-2503            Same; wearing of seat belt by certain persons required; exceptions; educational program; evaluation of effectiveness of act.

8-2504            Same; warning citations; fines; violation not reported to department of revenue; failure to use belt not admissible to determine negligence or damages.

8-2505            Same; act does not affect requirement of crash protection under federal law.

8-2506            Same; severability of act.

8-2507            Same; manufacturer warranty on safety belts; 'motor vehicle' defined.


8-2501. Safety belt use act; citation.

            This act may be cited as the safety belt use act.

History: L. 1986, ch. 35, § 1; July 1.

8-2502. Same; 'passenger car' defined.

            As used in this act, 'passenger car' means a motor vehicle with motive power designed for carrying 10 passengers or fewer, including vans, but does not include a motorcycle or a motor-driven cycle.

History: L. 1986, ch. 35, § 2; L. 2007, ch, 140, § 10, July 1.

8-2503. Same; wearing of seat belt by certain persons required; exceptions; educational program; evaluation of effectiveness of act.

            (a) Except as provided in subsection (b);

            (1) each occupant of either a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208, or an autocycle, who is 18 years of age or older, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion, and

            (2) Each occupant of either a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208, or an autocycle, who is at least 14 years of age but less than 18 years of age, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion.

            (b) This section does not apply to:

            (1) An occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system;

            (2) carriers of United States mail while actually engaged in delivery and collection of mail along their specified routes;

            (3) newspaper delivery persons while actually engaged in delivery of newspapers along their specified routes.

            (c) The secretary of transportation shall initiate an educational program designed to encourage compliance with the safety belt usage provisions of this act.

            (d) The secretary shall evaluate the effectiveness of this act and shall include a report of its findings in the annual evaluation report on its highway safety plan that it submits under 23 U.S.C. 402.

            (e) Law enforcement officers shall not stop drivers for violations of subsection (a)(1) by a back seat occupant in the absence of another violation of law. A citation for violation of subsection (a)(1) by a back seat occupant shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

History: L. 1986, ch. 35, § 3; L. 1989, ch. 40, § 4; L. 2007, ch. 140, § 11, L. 2010, ch. 157, § 1; L. 2011, ch. 45, § 9; L. 2015, ch. 48, § 8; May 14.

8-2504. Same; warning citations; fines; violation not reported to department of revenue; failure to use belt not admissible to determine negligence or damages.

            (a) (1) Persons violating subsection (a)(1) of K.S.A. 8-2503, and amendments thereto, shall be fined $5 and no court costs; and from and after July 1, 2011, persons violating subsection (a)(1) of K.S.A. 8-2503, and amendments thereto, shall be fined $10 and no court costs; and

            (2) persons violating subsection (a)(2) K.S.A. 8-2503, and amendments thereto, shall be fined $60 and no court costs.

            (b) No court shall report violation of this act to the department of revenue.

            (c) Evidence of failure of any person to use a safety belt shall not be admissible in any

action for the purpose of determining any aspect of comparative negligence or mitigation

of damages.

            (d) The provisions of this section shall be applicable and uniform throughout the state and no city, county, subdivision or local authority shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of this section.

History: L. 1986, ch. 35, § 4; L. 2007, ch. 140, § 12, L. 2010, ch. 157, § 2; L. 2011, ch. 45, § 10; July 1.

8-2505. Same; act does not affect requirement of crash protection under federal law.

            The passage of this act shall not be interpreted to obviate the requirement of occupant crash protection as contained in 49 C.F.R. 571.208, as authorized by 15 U.S.C. 1392.

History: L. 1986, ch. 35, § 5; July 1.

8-2506. Same; severability of act.

            If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

History: L. 1986, ch. 35, § 6; July 1.

8-2507. Same; manufacturer warranty on safety belts; 'motor vehicle' defined.

            (a) From and after the effective date of this act, a manufacturer of a motor vehicle sold in this state which is equipped with safety belts in compliance with federal motor vehicle safety standard no. 208, shall provide for a ten-year warranty on such safety belts.

            (b) As used in this section, 'motor vehicle' means a new motor vehicle which is sold in this state, and which is registered for a gross weight of 12,000 pounds or less, and does not include the customized parts of motor vehicles which have been added or modified by second stage manufacturers, first stage converters or second stage converters as defined in K.S.A. 8-2401 and amendments thereto.

History: L. 1986, ch. 35, § 7; July 1.