[As Amended by Senate Committee of the Whole]

---

          As Amended by Senate Committee          

---

Session of 2000
          SENATE BILL No. 671           By Committee on Federal and State Affairs           4-5          

---

11             AN  ACT regulating traffic; concerning low-speed vehicles; [relating to
12             parking privileges for persons with disabilities] amending K.S.A.
13             8-1701 and 8-1717 and K.S.A. 1999 Supp. [8-1,126,] 8-1486 and 8-
14             2118 and repealing the existing sections.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             New Section  1. ``Low-speed vehicle'' means any four-wheeled elec-
18       tric vehicle whose top speed is greater than 20 miles per hour but not
19       greater than 25 miles per hour and is manufactured in compliance with
20       the national highway and traffic safety administration standards for low-
21       speed vehicles in 49 C.F.R. 751.500 571.500.
22             New Sec.  2. (a) It shall be unlawful for any person to operate a low-
23       speed vehicle on any street or highway with a posted speed limit greater
24       than 35 [40] miles per hour.
25             (b) The provisions of subsection (a), shall not prohibit a low-speed
26       vehicle from crossing a street or highway with a posted speed limit in
27       excess of 35 [40] miles per hour.
28             (c) This section shall be a part of and supplemental to the uniform
29       act regulating traffic on highways.
30             Sec.  3. K.S.A. 1999 Supp. 8-1486 is hereby amended to read as fol-
31       lows: 8-1486. K.S.A. 8-1414a, 8-1459a and 8-1475a, and amendments
32       thereto, and K.S.A. 1999 Supp. 8-1402a, 8-1439c and, 8-1458a and 8-
33       1487, and amendments thereto, and K.S.A. 1999 Supp. 8-1487 section 1,
34       and amendments thereto, shall be a part of, and supplemental to, the
35       uniform act regulating traffic on highways.
36             Sec.  4. K.S.A. 8-1701 is hereby amended to read as follows: 8-1701.
37       (a) It is unlawful for any person to drive or move or for the owner to
38       cause or knowingly permit to be driven or moved on any highway any
39       vehicle or combination of vehicles which does not contain those parts or
40       is not at all times equipped with such lamps and other equipment in
41       proper condition and adjustment as required in this article, or which is
42       equipped in any manner in violation of any provision of any section of

2
  1       this article 17, or for any person to do any act forbidden or fail to perform
  2       any act required by any provision of any section of this article 17. Except
  3       as otherwise provided in K.S.A. 8-1742a, 8-1743, 8-1746 and 8-1750 to
  4       8-1760, inclusive, and amendments thereto, any violation of this subsec-
  5       tion (a) or of any other provision of this article 17 is a traffic infraction.
  6             (b) Nothing contained in this article 17 shall be construed to prohibit
  7       the use of additional parts and accessories on any vehicle not inconsistent
  8       with the provisions of this article.
  9             (c) The provisions of this article 17 with respect to equipment re-
10       quired on vehicles shall not apply to implements of husbandry, road ma-
11       chinery, road rollers or farm tractors except as specifically made appli-
12       cable in this act.
13             (d) The provisions of this article 17 with respect to equipment re-
14       quired on vehicles shall not apply to motorcycles or motor-driven cycles,
15       except as specifically made applicable by law.
16             (e) A low-speed vehicle which is in compliance with the equipment
17       requirements in 49 C.F.R. 571.500 shall be deemed to be in compliance
18       with the provisions of this article 17.
19             Sec.  5. K.S.A. 8-1717 is hereby amended to read as follows: 8-1717.
20       (a) Every farm tractor manufactured or assembled after January 1, 1975,
21       shall be equipped with vehicular hazard warning lights of a type described
22       in K.S.A. 8-1722, and amendments thereto, visible from a distance of not
23       less than 1,000 feet to the front and rear in normal sunlight, which shall
24       be displayed whenever any such vehicle is operated upon a highway.
25             (b) Every farm tractor manufactured or assembled after January 1,
26       1975, shall at all times, and every other such motor vehicle shall at all
27       times mentioned in K.S.A. 8-1703, and amendments thereto, be equipped
28       with lamps and reflectors as follows:
29             (1) At least two head lamps meeting the requirements of K.S.A. 8-
30       1724, 8-1726 or 8-1727, and amendments thereto.
31             (2) At least one red lamp visible when lighted from a distance of not
32       less than 1,000 feet to the rear mounted as far to the left of the center
33       of the vehicle as practicable.
34             (3) At least two red reflectors visible from all distances within 600
35       feet to 100 feet to the rear when directly in front of lawful lower beams
36       of head lamps.
37             (c) On every combination of farm tractor and towed farm equipment
38       or towed implement of husbandry, the farm tractor shall be equipped as
39       required in subsections (a) and (b), and the towed unit shall be equipped
40       at all times mentioned in K.S.A. 8-1703, and amendments thereto, with
41       lamps and reflectors as follows:
42             (1) If the towed unit or its load extends more than four feet to the
43       rear of the tractor or obscures any light thereon, the unit shall be

3
  1       equipped on the rear with at least one red lamp visible when lighted from
  2       a distance of not less than 1,000 feet to the rear, mounted as far to the
  3       left of the center of the towed unit as practicable, and at least two red
  4       reflectors visible from all distances within 600 feet to 100 feet to the rear
  5       when directly in front of lawful lower beams of head lamps.
  6             (2) If the towed unit of such combination extends more than four
  7       feet to the left of the center line of the tractor, the unit shall be equipped
  8       on the front with an amber reflector visible from all distances within 600
  9       feet to 100 feet to the front when directly in front of lawful lower beams
10       of head lamps. This reflector shall be so positioned to indicate, as nearly
11       as practicable, the extreme left projection of the towed unit.
12             (3) If the towed unit or its load obscures either of the vehicle hazard
13       warning lights on the tractor, the towed unit shall be equipped with ve-
14       hicle hazard warning lights described in subsection (a).
15             (d) The two red reflectors required in the preceding subsections shall
16       be so positioned as to show from the rear, as nearly as practicable, the
17       extreme width of the vehicle or combination carrying them. If all other
18       requirements are met, reflective tape or paint may be used in lieu of the
19       reflectors required by subsection (c).
20             (e) As used in this section:
21             (1) ``Slow-moving vehicle'' means any vehicle, farm tractor, imple-
22       ment of husbandry, equipment or piece of machinery designed for use
23       at speeds of less than 25 miles per hour, or which is normally moved at
24       speeds of less than 25 miles per hour, and includes all road construction
25       or maintenance machinery, except when such machinery is engaged in
26       actual construction or maintenance work and there is either a flagman or
27       clearly visible warning signs to warn of such machinery's presence on the
28       roadway.
29             (2) ``Slow-moving vehicle emblem'' means a triangular-shaped em-
30       blem of substantial construction having equal sides of 14 inches and an
31       altitude of 12 inches, and such emblem shall be painted a fluorescent
32       yellow-orange color and bordered with reflective red-colored strips hav-
33       ing a minimum width of 1 3/4 inches, with the vertices of the overall
34       triangle truncated in such a manner that the remaining altitude shall be
35       at least 14 inches.
36             (f) The secretary of transportation shall approve slow-moving vehicle
37       emblems which meet the requirements of this act, and shall compile and
38       publish a list of approved emblems and the manufacturers thereof.
39             (g) A slow-moving vehicle emblem shall be mounted or affixed on
40       the rear of the slow-moving vehicle in compliance with standard S276.2
41       of the American society of agricultural engineers, as such standard was
42       revised in March, 1968.
43             (h) No person shall operate any slow-moving vehicle on any highway

4
  1       which is within the national system of interstate and defense highways,
  2       the state highway system or the state system of modern express highways
  3       and freeways, unless such vehicle is equipped with a properly mounted
  4       slow-moving vehicle emblem, which has been approved by the secretary
  5       of transportation, and which is maintained in a clean, fluorescent and
  6       reflective condition, or display a slow-moving vehicle emblem on any
  7       vehicle other than a slow-moving vehicle or display such emblem on a
  8       slow-moving vehicle which is being operated at a speed of 25 miles per
  9       hour or more, or to use such emblem in any manner other than authorized
10       by this section.
11             (i) Notwithstanding the provisions of this section, a low-speed vehicle
12       shall not be required to display a slow-moving vehicle emblem.
13             Sec.  6. K.S.A. 1999 Supp. 8-2118 is hereby amended to read as fol-
14       lows: 8-2118. (a) A person charged with a traffic infraction shall, except
15       as provided in subsection (b), appear at the place and time specified in
16       the notice to appear. If the person enters an appearance, waives right to
17       trial, pleads guilty or no contest, the fine shall be no greater than that
18       specified in the uniform fine schedule in subsection (c) and court costs
19       shall be taxed as provided by law.
20             (b) Prior to the time specified in the notice to appear, a person
21       charged with a traffic infraction may enter a written appearance, waive
22       right to trial, plead guilty or no contest and pay the fine for the violation
23       as specified in the uniform fine schedule in subsection (c) and court costs
24       provided by law. Payment may be made by mail or in person and may be
25       by personal check. The traffic citation shall not have been complied with
26       if a check is not honored for any reason, or if the fine and court costs are
27       not paid in full. When a person charged with a traffic infraction makes
28       payment without executing a written waiver of right to trial and plea of
29       guilty or no contest, the payment shall be deemed such an appearance,
30       waiver of right to trial and plea of no contest.
31             (c) The following uniform fine schedule shall apply uniformly
32       throughout the state but shall not limit the fine which may be imposed
33       following a court appearance, except an appearance made for the purpose
34       of pleading and payment as permitted by subsection (a). The description
35       of offense contained in the following uniform fine schedule is for refer-
36       ence only and is not a legal definition.

37	Description of Offense	Statute	Fine
38	Refusal to submit to a prelimi-nary breath test	8-1012	$30
39	Unsafe speed for prevailing con-ditions	8-1557	$20

5

1       2	Exceeding maximum speedlimit; or speeding in zoneposted by the state depart-ment of transportation; orspeeding in locally postedzone	8-1558 to 8-1560 8-1560a or 8-1560b	1-10 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;
3	Disobeying traffic control de-vice	8-1507	$20
4	Violating traffic control signal	8-1508	$20
5	Violating pedestrian control sig-nal	8-1509	$10
6	Violating flashing traffic signals	8-1510	$20
7	Violating lane-control signal	8-1511	$20
8	Unauthorized sign, signal, mark-ing or device	8-1512	$10
9	Driving on left side of roadway	8-1514	$20
10	Failure to keep right to pass on-coming vehicle	8-1515	$20
11	Improper passing; increasingspeed when passed	8-1516	$20
12	Improper passing on right	8-1517	$20
13	Passing on left with insufficientclearance	8-1518	$20
14	Driving on left side wherecurve, grade, intersectionrailroad crossing, or ob-structed view	8-1519	$20
15	Driving on left in no-passingzone	8-1520	$20
16	Driving wrong direction on one-way road	8-1521	$20
17	Improper driving on laned road-way	8-1522	$20
18	Following too close	8-1523	$20

6

1	Improper crossover on dividedhighway	8-1524	$10
2	Failure to yield right-of-way atuncontrolled intersection	8-1526	$20
3	Failure to yield to approachingvehicle when turning left	8-1527	$20
4	Failure to yield at stop or yieldsign	8-1528	$20
5	Failure to yield from privateroad or driveway	8-1529	$20
6	Failure to yield to emergencyvehicle	8-1530	$30
7	Failure to yield to pedestrian orvehicle working on roadway	8-1531	$10
8	Failure to comply with restric-tions in road constructionzone	8-1531a	$10
9	Disobeying pedestrian trafficcontrol device	8-1532	$10
10	Failure to yield to pedestrian incrosswalk; pedestrian sud-denly entering roadway;passing vehicle stopped forpedestrian at crosswalk	8-1533	$20
11	Improper pedestrian crossing	8-1534	$10
12	Failure to exercise due care inregard to pedestrian	8-1535	$10
13	Improper pedestrian movementin crosswalk	8-1536	$10
14	Improper use of roadway by pe-destrian	8-1537	$10
15	Soliciting ride or business onroadway	8-1538	$10
16	Driving through safety zone	8-1539	$10
17	Failure to yield to pedestrian onsidewalk	8-1540	$10
18	Failure of pedestrian to yield toemergency vehicle	8-1541	$10
19	Failure to yield to blind pedes-trian	8-1542	$10
20	Pedestrian disobeying bridge orrailroad signal	8-1544	$10
21	Improper turn or approach	8-1545	$20

7

1	Improper ``U'' turn	8-1546	$20
2	Unsafe starting of stopped vehi-cle	8-1547	$10
3	Unsafe turning or stopping, fail-ure to give proper signal; us-ing turn signal unlawfully	8-1548	$20
4	Improper method of giving no-tice of intention to turn	8-1549	$10
5	Improper hand signal	8-1550	$10
6	Failure to stop or obey railroadcrossing signal	8-1551	$60
7	Failure to stop at railroadcrossing stop sign	8-1552	$40
8	Certain hazardous vehicles fail-ure to stop at railroadcrossing	8-1553	$60
9	Improper moving of heavyequipment at railroadcrossing	8-1554	$20
10	Vehicle emerging from alley,private roadway, building ordriveway	8-1555	$20
11	Improper passing of school bus;improper use of school bussignals	8-1556	$100
12	Improper passing of church orday-care bus; improper useof signals	8-1556a	$60
13	Impeding normal traffic by slowspeed	8-1561	$10
14	Speeding on motor-driven cycle	8-1562	$20
15	Speeding in certain vehicles oron posted bridge	8-1563	$10
16	Improper stopping, standing orparking on roadway	8-1569	$10
17	Parking, standing or stopping inprohibited area	8-1571	$10
18	Improper parking	8-1572	$10
19	Unattended vehicle	8-1573	$10
20	Improper backing	8-1574	$10
21	Driving on sidewalk	8-1575	$10
22	Driving with view or drivingmechanism obstructed	8-1576	$10

8

1	Unsafe opening of vehicle door	8-1577	$10
2	Riding in house trailer	8-1578	$10
3	Improper driving in defiles,canyons, or on grades	8-1579	$10
4	Coasting	8-1580	$10
5	Following fire apparatus tooclosely	8-1581	$20
6	Driving over fire hose	8-1582	$10
7	Putting glass, etc., on highway	8-1583	$30
8	Driving into intersection, cross-walk, or crossing withoutsufficient space on otherside	8-1584	$10
9	Improper operation of snowmo-bile on highway	8-1585	$10
10	Parental responsibility of childriding bicycle	8-1586	$10
11	Not riding on bicycle seat; toomany persons on bicycle	8-1588	$10
12	Clinging to other vehicle	8-1589	$10
13	Improper riding of bicycle onroadway	8-1590	$10
14	Carrying articles on bicycle; onehand on handlebars	8-1591	$10
15	Improper bicycle lamps, brakesor reflectors	8-1592	$10
16	Improper operation of motorcy-cle; seats; passengers, bun-dles	8-1594	$10
17	Improper operation of motorcy-cle on laned roadway	8-1595	$20
18	Motorcycle clinging to other ve-hicle	8-1596	$10
19	Improper motorcycle handle-bars or passenger equipment	8-1597	$20
20	Motorcycle helmet and eye-pro-tection requirements	8-1598	$10
21	Unlawful riding on vehicle	8-1578a	$20
22	Unlawful operation of all-terrainvehicle	8-15,100	$20
23	Unlawful operation of low-speedvehicle	Section 2	$20

9

1	Equipment offenses that are notmisdemeanors	8-1701	$20
2	Driving without lights whenneeded	8-1703	$20
3	Defective headlamps	8-1705	$10
4	Defective tail lamps	8-1706	$10
5	Defective reflector	8-1707	$10
6	Improper stop lamp or turn sig-nal	8-1708	$10
7	Improper lighting equipment oncertain vehicles	8-1710	$10
8	Improper lamp color on certainvehicles	8-1711	$10
9	Improper mounting of reflec-tors and lamps on certainvehicles	8-1712	$10
10	Improper visibility of reflectorsand lamps on certain vehi-cles	8-1713	$10
11	No lamp or flag on projectingload	8-1715	$20
12	Improper lamps on parked vehi-cle	8-1716	$10
13	Improper lights, lamps, reflec-tors and emblems on farmtractors or slow-moving ve-hicles	8-1717	$10
14	Improper lamps and equipmenton implements of hus-bandry, road machinery oranimal-drawn vehicles	8-1718	$10
15	Unlawful use of spot, fog, orauxiliary lamp	8-1719	$10
16	Improper lamps or lights onemergency vehicle	8-1720	$10
17	Improper stop or turn signal	8-1721	$10
18	Improper vehicular hazardwarning lamp	8-1722	$10
19	Unauthorized additional lightingequipment	8-1723	$10
20	Improper multiple-beam lights	8-1724	$10
21	Failure to dim headlights	8-1725	$20

10

1	Improper single-beam head-lights	8-1726	$10
2	Improper speed with alternatelighting	8-1727	$10
3	Improper number of drivinglamps	8-1728	$10
4	Unauthorized lights and signals	8-1729	$10
5	Improper school bus lightingequipment and warning de-vices	8-1730	$10
6	Unauthorized lights and deviceson church or day-care bus	8-1730a	$10
7	Improper lights on highwayconstruction or maintenancevehicles	8-1731	$10
8	Defective brakes	8-1734	$10
9	Defective or improper use ofhorn or warning device	8-1738	$10
10	Defective muffler	8-1739	$10
11	Defective mirror	8-1740	$10
12	Defective wipers; obstructedwindshield or windows	8-1741	$10
13	Improper tires	8-1742	$10
14	Improper flares or warning de-vices	8-1744	$10
15	Improper use of vehicular haz-ard warning lamps and de-vices	8-1745	$10
16	Improper air-conditioningequipment	8-1747	$10
17	TV screen visible to driver	8-1748	$10
18	Improper safety belt or shoul-der harness	8-1749	$10
19	Improper wide-based singletires	8-1742b	$20
20	Defective motorcycle headlamp	8-1801	$10
21	Defective motorcycle tail lamp	8-1802	$10
22	Defective motorcycle reflector	8-1803	$10
23	Defective motorcycle stoplamps and turn signals	8-1804	$10
24	Defective multiple-beam light-ing	8-1805	$10

11

1	Improper road-lighting equip-ment on motor-driven cycles	8-1806	$10
2	Defective motorcycle or motor-driven cycle brakes	8-1807	$10
3	Improper performance ability ofbrakes	8-1808	$10
4	Operating motorcycle with dis-approved braking system	8-1809	$10
5	Defective horn, muffler, mirrorsor tires	8-1810	$10
6	Unlawful statehouse parking	75-4510a	$5

  7             (d) Traffic offenses classified as traffic infractions by this section shall
  8       be classified as ordinance traffic infractions by those cities adopting or-
  9       dinances prohibiting the same offenses. A schedule of fines for all ordi-
10       nance traffic infractions shall be established by the municipal judge in the
11       manner prescribed by K.S.A. 12-4305 and amendments thereto. Such
12       fines may vary from those contained in the uniform fine schedule con-
13       tained in subsection (c).
14             (e) Fines listed in the uniform fine schedule contained in subsection
15       (c) shall be doubled if a person is convicted of a traffic infraction, which
16       is defined as a moving violation in accordance with rules and regulations
17       adopted pursuant to K.S.A. 8-249, and amendments thereto, committed
18       within any road construction zone as defined in K.S.A. 1999 Supp. 8-
19       1458a, and amendments thereto.
20        [Sec.  7. K.S.A. 1999 Supp. 8-1,126 is hereby amended to read
21       as follows: 8-1,126. When a motor vehicle which bears a special
22       license plate or placard issued pursuant to K.S.A. 8-1,125, and
23       amendments thereto, is being operated by or used for the transpor-
24       tation of a person with a disability, such motor vehicle:
25             [(a) May be parked in any parking space, whether on public or
26       private property, which is clearly marked as being reserved for the
27       use of persons with a disability or persons responsible for the trans-
28       portation of a person with a disability, except a parking space on
29       private property which is clearly marked as being reserved for the
30       use of a specified person with a disability;
31             [(b) may be parked for a period of time not to exceed 24 hours
32       in any parking zone which is restricted as to the length of parking
33       time permitted, except where stopping, standing or parking is pro-
34       hibited to all vehicles, where parking is reserved for special types
35       of vehicles or where parking would clearly present a traffic hazard;
36       and
37             [(c) shall be exempt from any parking meter fees of the state or
38       any city, county or other political subdivision.]

12
  1        Sec.  7. [8.] K.S.A. 8-1701 and 8-1717 and K.S.A. 1999 Supp. [8-
  2       1,126,] 8-1486 and 8-2118 are hereby repealed.
  3        Sec.  8. [9.] This act shall take effect and be in force from and after
  4       its publication in the statute book.