Ch. 80             1997 Session Laws of Kansas             301

An Act regulating traffic; concerning certain safety equipment; concerning alteration of
maximum speed limits by local authorities; amending K.S.A. 8-1598 and K.S.A. 1996
Supp. 8-1344 and 8-1560 and repealing the existing sections.

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

Section 1. K.S.A. 1996 Supp. 8-1344 is hereby amended to read as
follows: 8-1344. Every driver as defined in K.S.A. 8-1416, and amend-
ments thereto, who transports a child under the age of 14 years in a
passenger car as defined in K.S.A. 1996 Supp. 8-1343a, and amendments
thereto, on a highway as defined in K.S.A. 8-1424, and amendments
thereto, shall provide for the protection of such child by properly using:

(a) For a child under the age of four years a child passenger safety
restraining system of a type approved under this act that meets or exceeds
the standards and specifications contained in federal motor vehicle safety
standard no. 213 in effect on July 1, 1997; or

(b) for a child four years of age but under the age of 14, a safety belt
manufactured in compliance with federal motor vehicle safety standard
no. 208, except that if the number of children subject to this requirement
exceeds the number of passenger securing locations available for use by
children affected by this requirement, and all of those securing locations
are in use by children, then there is not a violation of this section. The
secretary of transportation shall adopt rules and regulations for the per-
formance, design and installation of child passenger safety restraining
systems for use in passenger cars for children under the age of four years,
in accordance with federal motor vehicle safety standards and shall ap-
prove those systems which meet such standards.

Sec. 2. K.S.A. 8-1598 is hereby amended to read as follows: 8-1598.
(a) No person under the age of 18 years shall operate or ride upon a
motorcycle or a motorized bicycle, unless wearing a helmet which com-
plies with minimum performance requirements guidelines established by
the national highway traffic safety administration pursuant to the national
traffic and motor vehicle safety act of 1966 for helmets designed for use
by motorcyclists and other motor vehicle users.

(b) No person shall operate a motorcycle unless such person is wear-
ing an eye-protective device of a type which complies with standards
established by the secretary of transportation which shall consist of pro-
tective glasses, goggles or transparent face shields which are shatter proof
and impact resistant, except when the motorcycle is equipped with a
windscreen which has a minimum height of 10 inches measured from the
center of the handlebars.

(c) This section shall not apply to persons riding within an enclosed
cab or on a golf cart, nor shall it apply to any person operating or riding

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any industrial or cargo-type vehicle having three wheels and commonly
known as a truckster.

(d) The secretary of transportation may approve or disapprove eye-
protective devices required by this section, and may adopt rules and reg-
ulations establishing standards and specifications for the approval thereof.
The secretary shall publish lists of all eye-protective devices by name and
type which the secretary has approved.

Sec. 3. K.S.A. 1996 Supp. 8-1560 is hereby amended to read as fol-
lows: 8-1560. (a) Whenever local authorities in their respective jurisdic-
tions determine on the basis of an engineering and traffic investigation
that the maximum speed permitted is greater or less than is reasonable
and safe under the conditions found to exist upon a highway or part of a
highway, the local authority may determine and declare a reasonable and
safe maximum limit thereon which:

(1) Decreases the limit at intersections;

(2) increases the limit within an urban district but not to exceed the
maximum speed of 65 miles per hour;

(3) decreases the limit outside an urban district, but not to less than
20 miles per hour, except as authorized by K.S.A. 1996 Supp. 8-1560a,
and amendments thereto;

(4) decreases the limit within an urban district in a school zone to
not less than 20 miles per hour, except that any such decreased limit shall
apply only during the hours in which students are normally en route to
or from school, such zones and hours to be determined by ordinance or
resolution of such local authority; or

(5) decreases the limit within any residence district, but not to less
than 20 miles per hour.

(b) Except as provided in subsection (h), local authorities in their
respective jurisdictions may determine by an engineering and traffic in-
vestigation the proper maximum speed for all arterial streets and shall
declare a reasonable and safe maximum limit thereon which may be
greater or less than the maximum speed permitted under this act for an
urban district or other location in which the arterial street is situated,
except that in no event shall any local authority establish any such maxi-
mum limit in excess of 65 miles per hour.

(c) Except as otherwise provided in paragraph (4) of subsection (a),
any altered limit established as authorized shall be effective at all times
or during hours of darkness or at other times as may be determined when
appropriate signs giving notice thereof are erected upon such street or
highway.

(d) Any alteration of maximum limits on city connecting links shall
not be effective until such alteration has been approved by the secretary
of transportation.

(e) If local authorities in their respective jurisdictions have estab-

Ch. 80             1997 Session Laws of Kansas             303

lished a speed limit within any residence district which is less than 30
miles per hour, prior to the effective date of this act, such speed limit
shall be deemed valid and shall not require an engineering and traffic
investigation.

(f) Local authorities in their respective jurisdictions may establish the
speed limit within a road construction zone, as defined in K.S.A. 1996
Supp. 8-1458a, and amendments thereto, upon any highway under the
jurisdiction of such local authorities.

(g) The provisions of K.S.A. 1996 Supp. 8-1560b, and amendments
thereto, shall apply to the limitations on speed limits provided by subsec-
tion (a) of this section.

(h) Local authorities who have jurisdiction over county or township
highways may determine based on an engineering and traffic investigation
or without an engineering and traffic investigation the proper maximum
speed for such county or township highways and shall declare a reason-
able and safe maximum limit thereon which may be greater or less than
the maximum speed permitted under this act, except that in no event shall
any local authority establish any such maximum limit in excess of 65 miles
per hour.

Sec. 4. K.S.A. 8-1598 and K.S.A. 1996 Supp. 8-1344 and 8-1560 are
hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1997.