HB 2165--
By Representative O'Neal

AN ACT concerning motor vehicles; relating to use of child car seats and seat belts; amending K.S.A. 8-1347, 8-2503, 8-2504 and 20-2801 and K.S.A. 1996 Supp. 8-1345 and 8-2118 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 1996 Supp. 8-1345 is hereby amended to read as follows: 8-1345. (a) It shall be unlawful for any driver to violate the pro- visions of K.S.A. 8-1344, and amendments thereto, and upon conviction such driver shall be punished by a fine of $20. The failure to provide a child safety restraining system or safety belt for more than one child in the same passenger car at the same time shall be treated as a single violation. Any conviction under the provisions of this subsection shall not be construed as a moving traffic violation for the purpose of K.S.A. 8- 255, and amendments thereto. (b) Ten dollars of the fine provided for in subsection (a) and court costs assessed under K.S.A. 28-172a, and amendments thereto, shall be waived if the driver convicted of violating subsection (a) of K.S.A. 8-1344, and amendments thereto, provides proof to the court that such driver has purchased or acquired an approved child passenger safety restraining sys- tem. (c) No driver charged with violating the provisions of this act shall be convicted if such driver produces in the office of the arresting officer or in court proof that the child was 14 years of age or older at the time the violation was alleged to have occurred. (d) Evidence of failure to secure a child in a child passenger safety restraining system or a safety belt under the provisions of K.S.A. 8-1344, and amendments thereto, shall not be admissible in any action for the purpose of determining any aspect of comparative negligence or mitiga- tion of damages. Sec. 2. K.S.A. 8-1347 is hereby amended to read as follows: 8-1347. (a) The secretary of transportation shall develop a program of public ed- ucation to promote the use of child passenger safety restraining systems for children and safety belts for children and adults. As part of this pro- gram, the Kansas department of transportation shall make available to law enforcement officers for dissemination, information concerning child pas- senger safety and safety belts for children and adults. (b) There is hereby created in the state treasury the highway safety education fund. All moneys credited to the highway safety education fund shall be expended to develop and promote the public education program described in subsection (a). All expenditures from the highway safety ed- ucation fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouch- ers approved by the secretary of transportation or the secretary's desig- nee. Sec. 3. 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 conditions2 8-1557$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 clearance8-151820 [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]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]Failure to use a seat belt8-2503$20 [u888]Unlawful statehouse parking75-4510a$ 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. 4. K.S.A. 8-2503 is hereby amended to read as follows: 8-2503. (a) Except as provided in K.S.A. 8-1344 and 8-1345, and amendments thereto, and in subsection (b), each front seat occupant of a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208 shall have a safety belt properly fastened about such person's body at all times when the vehicle 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; or (4) an occupant of a passenger car required to be protected by a safety restraining system under the child passenger safety act. (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 this act in the absence of another violation of law. A citation for violation of this act shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop. Sec. 5. K.S.A. 8-2504 is hereby amended to read as follows: 8-2504. (a) (1) From and after the effective date of this act, and prior to July 1, 1987, a law enforcement officer shall issue a warning citation to anyone violating subsection (a) of K.S.A. 8-2503; and (2) from and after July 1, 1987, persons violating subsection (a) of K.S.A. 8-2503 shall be fined not more than $10 including court costs. (b) No court shall report violation of this act to the department of revenue. Of the remittances of fines for a violation of K.S.A. 8-2503, and amendments thereto, received from clerks of the district court, at least monthly, the state treasurer shall credit $10 of such fine to the highway safety education fund, created in K.S.A. 8-1347, and amendments thereto. (c) (b) 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, but a party may introduce evidence that the failure to wear a required safety belt contributed to the injury or injuries claimed by a party in any action. Sec. 6. K.S.A. 20-2801 is hereby amended to read as follows: 20- 2801. (a) At least monthly the clerk of the district court shall remit all moneys payable to the state treasurer from fines, penalties and forfeitures to the state treasurer, and the state treasurer shall deposit the same in the state treasury to the credit of the state general fund, except as provided in K.S.A. 8-2504 and 74-7336, and amendments thereto. (b) In order to determine the amount of moneys available pursuant to this section, the director of accounts and reports or the state treasurer, whenever it is deemed necessary by either of such officers, may request the clerk of the district court to provide such information as provided in this section. Within 10 days of the receipt of any such request, such clerk shall certify the amount of moneys collected pursuant to this section to the director of accounts and reports and the state treasurer. (c) This section shall not apply to municipal courts. Sec. 7. K.S.A. 8-1347, 8-2503, 8-2504 and 20-2801 and K.S.A. 1996 Supp. 8-1345 and 8-2118 are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its publication in the statute book.