HB 2093--Am. by S
As Amended by Senate Committee
As Amended by House Committee
Session of 1997
HOUSE BILL No. 2093
By Committee on Transportation
12 AN ACT regulating traffic; concerning certain safety equipment; con-
13 cerning alteration of maximum speed limits by local authorities;
14 amending K.S.A. 8-1598 and K.S.A. 1996 Supp. 8-1344 and 8-1560
15 and repealing the existing sections.
17 Be it enacted by the Legislature of the State of Kansas:
18 Section 1. K.S.A. 1996 Supp. 8-1344 is hereby amended to read as
19 follows: 8-1344. Every driver as defined in K.S.A. 8-1416, and amend-
20 ments thereto, who transports a child under the age of 14 years in a
21 passenger car as defined in K.S.A. 1996 Supp. 8-1343a, and amendments
22 thereto, on a highway as defined in K.S.A. 8-1424, and amendments
23 thereto, shall provide for the protection of such child by properly using:
24 (a) For a child under the age of four years a child passenger safety
25 restraining system
of a type approved under this act that meets or exceeds
26 the standards and specifications contained in federal motor vehicle safety
27 standard no. 213 in effect on July 1, 1997; or
28 (b) for a child four years of age but under the age of 14, a safety belt
29 manufactured in compliance with federal motor vehicle safety standard
30 no. 208, except that if the number of children subject to this requirement
31 exceeds the number of passenger securing locations available for use by
32 children affected by this requirement, and all of those securing locations
33 are in use by children, then there is not a violation of this section. The
34 secretary of transportation shall adopt rules and regulations for the per-
35 formance, design and installation of child passenger safety restraining
36 systems for use in passenger cars for children under the age of four years,
37 in accordance with federal motor vehicle safety standards and shall ap-
38 prove those systems which meet such standards.
39 Sec. 2. K.S.A. 8-1598 is hereby amended to read as follows: 8-1598.
40 (a) No person under the age of 18 years shall operate or ride upon a
41 motorcycle or a motorized bicycle, unless wearing a helmet which com-
42 plies with minimum performance requirements guidelines established by
43 the national highway traffic safety administration pursuant to the national
HB 2093--Am. by S
1 traffic and motor vehicle safety act of 1966 for helmets designed for use
2 by motorcyclists and other motor vehicle users.
3 (b) No person shall operate a motorcycle unless such person is wear-
4 ing an eye-protective device
of a type which complies with standards
5 established by the secretary of transportation which shall consist of pro-
6 tective glasses, goggles or transparent face shields which are shatter proof
7 and impact resistant, except when the motorcycle is equipped with a
8 windscreen which has a minimum height of 10 inches measured from the
9 center of the handlebars.
10 (c) This section shall not apply to persons riding within an enclosed
11 cab or on a golf cart, nor shall it apply to any person operating or riding
12 any industrial or cargo-type vehicle having three wheels and commonly
13 known as a truckster.
14 (d) The secretary of transportation may approve or disapprove eye-
15 protective devices required by this section, and may adopt rules and reg-
16 ulations establishing standards and specifications for the approval thereof.
17 The secretary shall publish lists of all eye-protective devices by name and
18 type which the secretary has approved.
19 Sec. 3. K.S.A. 1996 Supp. 8-1560 is hereby amended to read
20 as follows: 8-1560. (a) Whenever local authorities in their respec-
21 tive jurisdictions determine on the basis of an engineering and
22 traffic investigation that the maximum speed permitted is greater
23 or less than is reasonable and safe under the conditions found to
24 exist upon a highway or part of a highway, the local authority may
25 determine and declare a reasonable and safe maximum limit
26 thereon which:
27 (1) Decreases the limit at intersections;
28 (2) increases the limit within an urban district but not to exceed
29 the maximum speed of 65 miles per hour;
30 (3) decreases the limit outside an urban district, but not to less
31 than 20 miles per hour, except as authorized by K.S.A. 1996 Supp.
32 8-1560a, and amendments thereto;
33 (4) decreases the limit within an urban district in a school zone
34 to not less than 20 miles per hour, except that any such decreased
35 limit shall apply only during the hours in which students are nor-
36 mally en route to or from school, such zones and hours to be de-
37 termined by ordinance or resolution of such local authority; or
38 (5) decreases the limit within any residence district, but not to
39 less than 20 miles per hour.
40 (b) Local Except as provided in subsection (h), local authorities
41 in their respective jurisdictions may determine by based on by an
42 engineering and traffic investigation or without an engineering and
43 traffic investigation the proper maximum speed for all arterial
HB 2093--Am. by S
1 streets and shall declare a reasonable and safe maximum limit
2 thereon which may be greater or less than the maximum speed
3 permitted under this act for an urban district or other location in
4 which the arterial street is situated, except that in no event shall
5 any local authority establish any such maximum limit in excess of
6 65 miles per hour.
7 (c) Except as otherwise provided in paragraph (4) of subsection
8 (a), any altered limit established as authorized shall be effective at
9 all times or during hours of darkness or at other times as may be
10 determined when appropriate signs giving notice thereof are
11 erected upon such street or highway.
12 (d) Any alteration of maximum limits on city connecting links
13 shall not be effective until such alteration has been approved by
14 the secretary of transportation.
15 (e) If local authorities in their respective jurisdictions have es-
16 tablished a speed limit within any residence district which is less
17 than 30 miles per hour, prior to the effective date of this act, such
18 speed limit shall be deemed valid and shall not require an engi-
19 neering and traffic investigation.
20 (f) Local authorities in their respective jurisdictions may estab-
21 lish the speed limit within a road construction zone, as defined in
22 K.S.A. 1996 Supp. 8-1458a, and amendments thereto, upon any
23 highway under the jurisdiction of such local authorities.
24 (g) The provisions of K.S.A. 1996 Supp. 8-1560b, and amend-
25 ments thereto, shall apply to the limitations on speed limits provided
26 by subsection (a) of this section.
27 (h) Local authorities who have jurisdiction over county or
28 township highways may determine based on an engineering and
29 traffic investigation or without an engineering and traffic investi-
30 gation the proper maximum speed for such county or township high-
31 ways and shall declare a reasonable and safe maximum limit
32 thereon which may be greater or less than the maximum speed per-
33 mitted under this act, except that in no event shall any local au-
34 thority establish any such maximum limit in excess of 65 miles per
3 4. K.S.A. 8-1598 and K.S.A. 1996 Supp. 8-1344 and 8-1560
37 are hereby repealed.
38 Sec. 4 5. This act shall take effect and be in force from and after its
39 publication in the statute book.