Chapter 34

(Amended by Chapter 220)

An Act regulating traffic; increasing fines involving railroad crossings; amending K.S.A. 1995 Supp. 8-2118 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1995 Supp. 8-2118 is hereby amended to read as follows: 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
Refusal to submit to a preliminary breath test  8-1012           $30
Unsafe speed for prevailing conditions         8-1335or8-1557   $20
Exceeding maximum speed limit; or speeding in zone posted by the state
     department of transportation; or speeding in locally posted zone 
     8-1336to8-1338  1-10 mph over the limit, $10;

     mph over the limit, $10 plus $2 per mph over 10 mph over the limit;

     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;
Disobeying traffic control device              8-1507           $20
Violating traffic control signal               8-1508           $20
Violating pedestrian control signal            8-1509           $10
Violating flashing traffic signals             8-1510           $20
Violating lane-control signal                  8-1511           $20
Unauthorized sign, signal, marking or device   8-1512           $10
Driving on left side of roadway                8-1514           $20
Failure to keep right to pass oncoming vehicle  8-1515           $20
Improper passing; increasing speed when passed  8-1516           $20
Improper passing on right                      8-1517           $20
Passing on left with insufficient clearance    8-1518           $20
Driving on left side where curve, grade, intersection railroad crossing, or
     obstructed view  8-1519           $20
Driving on left in no-passing zone             8-1520           $20
Driving wrong direction on one-way road        8-1521           $20
Improper driving on laned roadway              8-1522           $20
Following too close                            8-1523           $20
Improper crossover on divided highway          8-1524           $10
Failure to yield right-of-way at uncontrolled intersec-tion  8-1526          
Failure to yield to approaching vehicle when turning left  8-1527           $20
Failure to yield at stop or yield sign         8-1528           $20
Failure to yield from private road or driveway  8-1529           $20
Failure to yield to emergency vehicle          8-1530           $30
Failure to yield to pedestrian or vehicle working on roadway  8-1531          
Failure to comply with restrictions in road construction zone  8-1531a         
Disobeying pedestrian traffic control device   8-1532           $10
Failure to yield to pedestrian in crosswalk; pedestrian suddenly entering
     roadway; passing vehicle stopped for pedestrian at crosswalk  8-1533          
Improper pedestrian crossing                   8-1534           $10
Failure to exercise due care in regard to pedestrian  8-1535           $10
Improper pedestrian movement in crosswalk      8-1536           $10
Improper use of roadway by pedestrian          8-1537           $10
Soliciting ride or business on roadway         8-1538           $10
Driving through safety zone                    8-1539           $10
Failure to yield to pedestrian on sidewalk     8-1540           $10
Failure of pedestrian to yield to emergency vehicle  8-1541           $10
Failure to yield to blind pedestrian           8-1542           $10
Pedestrian disobeying bridge or railroad signal  8-1544           $10
Improper turn or approach                      8-1545           $20
Improper ``U'' turn                            8-1546           $20
Unsafe starting of stopped vehicle             8-1547           $10
Unsafe turning or stopping, failure to give proper sig-nal; using turn signal
     unlawfully  8-1548           $20
Improper method of giving notice of intention to turn  8-1549           $10
Improper hand signal                           8-1550           $10
Failure to stop or obey railroad crossing signal  8-1551           $30 $60
Failure to stop at railroad crossing stop sign  8-1552           $20 $40
Certain hazardous vehicles failure to stop at railroad crossing  8-1553         
      $30 $60
Improper moving of heavy equipment at railroad crossing  8-1554           $10
Vehicle emerging from alley, private roadway, building or driveway  8-1555      
Improper passing of school bus; improper use of school bus signals  8-1556      
Improper passing of church or day-care bus; improper use of signals  8-1556a    
Impeding normal traffic by slow speed          8-1561           $10
Speeding on motor-driven cycle                 8-1562           $20
Speeding in certain vehicles or on posted bridge  8-1563           $10
Improper stopping, standing or parking on roadway  8-1569           $10
Parking, standing or stopping in prohibited area  8-1571           $10
Improper parking                               8-1572           $10
Unattended vehicle                             8-1573           $10
Improper backing                               8-1574           $10
Driving on sidewalk                            8-1575           $10
Driving with view or driving mechanism obstructed  8-1576           $10
Unsafe opening of vehicle door                 8-1577           $10
Riding in house trailer                        8-1578           $10
Improper driving in defiles, canyons, or on grades  8-1579           $10
Coasting                                       8-1580           $10
Following fire apparatus too closely           8-1581           $20
Driving over fire hose                         8-1582           $10
Putting glass, etc., on highway                8-1583           $30
Driving into intersection, crosswalk, or crossing without sufficient space on
     other side  8-1584           $10
Improper operation of snowmobile on highway    8-1585           $10
Parental responsibility of child riding bicycle  8-1586           $10
Not riding on bicycle seat; too many persons on bicycle  8-1588           $10
Clinging to other vehicle                      8-1589           $10
Improper riding of bicycle on roadway          8-1590           $10
Carrying articles on bicycle; one hand on handlebars  8-1591           $10
Improper bicycle lamps, brakes or reflectors   8-1592           $10
Improper operation of motorcycle; seats; passengers, bundles  8-1594          
Improper operation of motorcycle on laned roadway  8-1595           $20
Motorcycle clinging to other vehicle           8-1596           $10
Improper motorcycle handlebars or passenger equip-ment  8-1597           $20
Motorcycle helmet and eye-protection requirements  8-1598           $10
Unlawful riding on vehicle                     8-1578a          $20
Equipment offenses that are not misdemeanors   8-1701           $20
Driving without lights when needed             8-1703           $20
Defective headlamps                            8-1705           $10
Defective tail lamps                           8-1706           $10
Defective reflector                            8-1707           $10
Improper stop lamp or turn signal              8-1708           $10
Improper lighting equipment on certain vehicles  8-1710           $10
Improper lamp color on certain vehicles        8-1711           $10
Improper mounting of reflectors and lamps on certain vehicles  8-1712          
Improper visibility of reflectors and lamps on certain vehicles  8-1713         
No lamp or flag on projecting load             8-1715           $20
Improper lamps on parked vehicle               8-1716           $10
Improper lights, lamps, reflectors and emblems on farm tractors or slow-moving
     vehicles  8-1717           $10
Improper lamps and equipment on implements of hus-bandry, road machinery or
     animal-drawn vehicles  8-1718           $10
Unlawful use of spot, fog, or auxiliary lamp   8-1719           $10
Improper lamps or lights on emergency vehicle  8-1720           $10
Improper stop or turn signal                   8-1721           $10
Improper vehicular hazard warning lamp         8-1722           $10
Unauthorized additional lighting equipment     8-1723           $10
Improper multiple-beam lights                  8-1724           $10
Failure to dim headlights                      8-1725           $20
Improper single-beam headlights                8-1726           $10
Improper speed with alternate lighting         8-1727           $10
Improper number of driving lamps               8-1728           $10
Unauthorized lights and signals                8-1729           $10
Improper school bus lighting equipment and warning devices  8-1730           $10
Unauthorized lights and devices on church or day-care bus  8-1730a          $10
Improper lights on highway construction or mainte-nance vehicles  8-1731        
Defective brakes                               8-1734           $10
Defective or improper use of horn or warning device  8-1738           $10
Defective muffler                              8-1739           $10
Defective mirror                               8-1740           $10
Defective wipers; obstructed windshield or windows  8-1741           $10
Improper tires                                 8-1742           $10
Improper flares or warning devices             8-1744           $10
Improper use of vehicular hazard warning lamps and devices  8-1745           $10
Improper air-conditioning equipment            8-1747           $10
TV screen visible to driver                    8-1748           $10
Improper safety belt or shoulder harness       8-1749           $10
Improper wide-based single tires               8-1742b          $20
Defective motorcycle headlamp                  8-1801           $10
Defective motorcycle tail lamp                 8-1802           $10
Defective motorcycle reflector                 8-1803           $10
Defective motorcycle stop lamps and turn signals  8-1804           $10
Defective multiple-beam lighting               8-1805           $10
Improper road-lighting equipment on motor-driven cy-cles  8-1806           $10
Defective motorcycle or motor-driven cycle brakes  8-1807           $10
Improper performance ability of brakes         8-1808           $10
Operating motorcycle with disapproved braking system  8-1809           $10
Defective horn, muffler, mirrors or tires      8-1810           $10
Unlawful statehouse parking                    75-4510a         $5

(d) Traffic offenses classified as traffic infractions by this section shall be classified as ordinance traffic infractions by those cities adopting or- dinances prohibiting the same offenses. A schedule of fines for all ordi- nance 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 con- tained 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. 1995 Supp. 8- 1458a and amendments thereto.

Sec. 2. K.S.A. 1995 Supp. 8-2118 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 22, 1996.