HB 2100--
By Representative Myers

AN ACT regulating traffic; failure to drive on roadway of highway; amending K.S.A. 1996 Supp. 8-2118 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) Except when necessary to avoid conflict with other traffic, or in compliance with the law or the directions of a law enforcement officer or official traffic-control device, no person shall drive any vehicle on a highway except on the proper roadway provided for that purpose. (b) This section shall be part of and supplemental to the uniform act regulating traffic on highways. Sec. 2. K.S.A. 1996 Supp. 8-2118 is hereby amended to read as fol- lows: 8-2118. (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 by mail or in person and may be by personal check. The traffic citation shall not have been complied with if a check 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 refer- ence only and is not a legal definition. Description of Offense Statute Fine [u888]Refusal to submit to a preliminary breath test8-1012$30 [u888]Unsafe speed for prevailing conditions8-1557$20 [u888]Exceeding maximum speed limit; or speeding in zone posted by the state department of transportation; or speeding in locally posted zone8-1558to8-15608-1560aor8-1560b[nt1-10 mph over the limit, $10;11-20 mph over the limit, $10 plus $2 per mph over 10 mph over the limit;21-30 mph over the limit, $30 plus $3 per mph over 20 mph over the limit;31 and more mph over the limit, $60 plus $5 per mph over 30 mph over the limit; [u888]Disobeying traffic control device8-1507$20 [u888]Violating traffic control signal8-1508$20 [u888]Violating pedestrian control signal8-1509$10 [u888]Violating flashing traffic signals8-1510$20 [u888]Violating lane-control signal8-1511$20 [u888]Unauthorized sign, signal, marking or device8-1512$10 [u888]Driving on left side of roadway8-1514$20 [u888]Failure to keep right to pass oncoming vehicle8-1515$20 [u888]Improper passing; increasing speed when passed8-1516$20 [u888]Improper passing on right8-1517$20 [u888]Passing on left with insufficient clearance8-1518$20 [u888]Driving on left side where curve, grade, intersection railroad crossing, or obstructed view8-1519$20 [u888]Driving on left in no-passing zone8-1520$20 [u888]Driving wrong direction on one-way road8-1521$20 [u888]Improper driving on laned roadway8-1522$20 [u888]Following too close8-1523$20 [u888]Improper crossover on divided highway8-1524$10 [u888]Failure to yield right-of-way at uncontrolled intersection8-1526$20 [u888]Failure to yield to approaching vehicle when turning left8-1527$20 [u888]Failure to yield at stop or yield sign8-1528$20 [u888]Failure to yield from private road or driveway8-1529$20 [u888]Failure to yield to emergency vehicle8-1530$30 [u888]Failure to yield to pedestrian or vehicle working on roadway8-1531$10 [u888]Failure to comply with restrictions in road construction zone8-1531a$10 [u888]Disobeying pedestrian traffic control device8-1532$10 [u888]Failure to yield to pedestrian in crosswalk; pedestrian suddenly entering roadway; passing vehicle stopped for pedestrian at crosswalk8-1533$20 [u888]Improper pedestrian crossing8-1534$10 [u888]Failure to exercise due care in regard to pedestrian8-1535$10 [u888]Improper pedestrian movement in crosswalk8-1536$10 [u888]Improper use of roadway by pedestrian8-1537$10 [u888]Soliciting ride or business on roadway8-1538$10 [u888]Driving through safety zone8-1539$10 [u888]Failure to yield to pedestrian on sidewalk8-1540$10 [u888]Failure of pedestrian to yield to emergency vehicle8-1541$10 [u888]Failure to yield to blind pedestrian8-1542$10 [u888]Pedestrian disobeying bridge or railroad signal8-1544$10 [u888]Improper turn or approach8-1545$20 [u888]Improper ``U'' turn8-1546$20 [u888]Unsafe starting of stopped vehicle8-1547$10 [u888]Unsafe turning or stopping, failure to give proper signal; using turn signal unlawfully8-1548$20 [u888]Improper method of giving notice of intention to turn8-1549$10 [u888]Improper hand signal8-1550$10 [u888]Failure to stop or obey railroad crossing signal8-1551$60 [u888]Failure to stop at railroad crossing stop sign8-1552$40 [u888]Certain hazardous vehicles failure to stop at railroad crossing8-1553$60 [u888]Improper moving of heavy equipment at railroad crossing8-1554$20 [u888]Vehicle emerging from alley, private roadway, building or driveway8-1555$20 [u888]Improper passing of school bus; improper use of school bus signals8-1556$60 [u888]Improper passing of church or day-care bus; improper use of signals8-1556a$60 [u888]Impeding normal traffic by slow speed8-1561$10 [u888]Speeding on motor-driven cycle8-1562$20 [u888]Speeding in certain vehicles or on posted bridge8-1563$10 [u888]Improper stopping, standing or parking on roadway8-1569$10 [u888]Parking, standing or stopping in prohibited area8-1571$10 [u888]Improper parking8-1572$10 [u888]Unattended vehicle8-1573$10 [u888]Improper backing8-1574$10 [u888]Driving on sidewalk8-1575$10 [u888]Driving with view or driving mechanism obstructed8-1576$10 [u888]Unsafe opening of vehicle door8-1577$10 [u888]Riding in house trailer8-1578$10 [u888]Improper driving in defiles, canyons, or on grades8-1579$10 [u888]Coasting8-1580$10 [u888]Following fire apparatus too closely8-1581$20 [u888]Driving over fire hose8-1582$10 [u888]Putting glass, etc., on highway8-1583$30 [u888]Driving into intersection, crosswalk, or crossing without sufficient space on other side8-1584$10 [u888]Improper operation of snowmobile on highway8-1585$10 [u888]Parental responsibility of child riding bicycle8-1586$10 [u888]Not riding on bicycle seat; too many persons on bicycle8-1588$10 [u888]Clinging to other vehicle8-1589$10 [u888]Improper riding of bicycle on roadway8-1590$10 [u888]Carrying articles on bicycle; one hand on handlebars8-1591$10 [u888]Improper bicycle lamps, brakes or reflectors8-1592$10 [u888]Improper operation of motorcycle; seats; passengers, bundles8-1594$10 [u888]Improper operation of motorcycle on laned roadway8-1595$20 [u888]Motorcycle clinging to other vehicle8-1596$10 [u888]Improper motorcycle handlebars or passenger equipment8-1597$20 [u888]Motorcycle helmet and eye-protection requirements8-1598$10 [u888]Unlawful riding on vehicle8-1578a$20 [u888]Unlawful operation of all-terrain vehicle8-15,100$20 [u888]Failure to drive on roadwaysection 1$20 [u888]Equipment offenses that are not misdemeanors8-1701$20 [u888]Driving without lights when needed8-1703$20 [u888]Defective headlamps8-1705$10 [u888]Defective tail lamps8-1706$10 [u888]Defective reflector8-1707$10 [u888]Improper stop lamp or turn signal8-1708$10 [u888]Improper lighting equipment on certain vehicles8-1710$10 [u888]Improper lamp color on certain vehicles8-1711$10 [u888]Improper mounting of reflectors and lamps on certain vehicles8-1712$10 [u888]Improper visibility of reflectors and lamps on certain vehicles8-1713$10 [u888]No lamp or flag on projecting load8-1715$20 [u888]Improper lamps on parked vehicle8-1716$10 [u888]Improper lights, lamps, reflectors and emblems on farm tractors or slow-moving vehicles8-1717$10 [u888]Improper lamps and equipment on implements of husbandry, road machinery or animal-drawn vehicles8-1718$10 [u888]Unlawful use of spot, fog, or auxiliary lamp8-1719$10 [u888]Improper lamps or lights on emergency vehicle8-1720$10 [u888]Improper stop or turn signal8-1721$10 [u888]Improper vehicular hazard warning lamp8-1722$10 [u888]Unauthorized additional lighting equipment8-1723$10 [u888]Improper multiple-beam lights8-1724$10 [u888]Failure to dim headlights8-1725$20 [u888]Improper single-beam headlights8-1726$10 [u888]Improper speed with alternate lighting8-1727$10 [u888]Improper number of driving lamps8-1728$10 [u888]Unauthorized lights and signals8-1729$10 [u888]Improper school bus lighting equipment and warning devices8-1730$10 [u888]Unauthorized lights and devices on church or day-care bus8-1730a$10 [u888]Improper lights on highway construction or maintenance vehicles8-1731$10 [u888]Defective brakes8-1734$10 [u888]Defective or improper use of horn or warning device8-1738$10 [u888]Defective muffler8-1739$10 [u888]Defective mirror8-1740$10 [u888]Defective wipers; obstructed windshield or windows8-1741$10 [u888]Improper tires8-1742$10 [u888]Improper flares or warning devices8-1744$10 [u888]Improper use of vehicular hazard warning lamps and devices8-1745$10 [u888]Improper air-conditioning equipment8-1747$10 [u888]TV screen visible to driver8-1748$10 [u888]Improper safety belt or shoulder harness8-1749$10 [u888]Improper wide-based single tires8-1742b$20 [u888]Defective motorcycle headlamp8-1801$10 [u888]Defective motorcycle tail lamp8-1802$10 [u888]Defective motorcycle reflector8-1803$10 [u888]Defective motorcycle stop lamps and turn signals8-1804$10 [u888]Defective multiple-beam lighting8-1805$10 [u888]Improper road-lighting equipment on motor-driven cycles8-1806$10 [u888]Defective motorcycle or motor-driven cycle brakes8-1807$10 [u888]Improper performance ability of brakes8-1808$10 [u888]Operating motorcycle with disapproved braking system8-1809$10 [u888]Defective horn, muffler, mirrors or tires8-1810$10 [u888]Unlawful statehouse parking75-4510a$5 (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. 1996 Supp. 8- 1458a, and amendments thereto. Sec. 3. K.S.A. 1996 Supp. 8-2118 is hereby repealed. Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.