(e)   In the event of forfeiture of any bond under this section, $75 of the amount forfeited shall be regarded as a docket fee in any court having jurisdiction over the violation of state law.

(f)    None of the provisions of this section shall be construed to conflict with the provisions of the nonresident violator compact.

(g)   When a person is stopped by a police officer for any traffic infraction and the person is a resident of a state which is not a member of the nonresident violator compact, K.S.A. 8-1219 et seq., and amendments thereto, or the person is licensed to drive under the laws of a foreign country, the police officer may require a bond as provided for under subsection (c). The bond shall be in the amount specified in the uniform fine schedule in K.S.A. 8-2118(c), and amendments thereto, plus $75 which shall be regarded as a docket fee in any court having jurisdiction over the violation of state law.

(h)   When a person is stopped by a police officer for failure to provide proof of financial security pursuant to K.S.A. 40-3104, and amendments thereto, and the person is a resident of another state or the person is licensed to drive under the laws of a foreign country, the police officer may require a bond as provided for under subsection (c). The bond shall be in the amount of $75, plus $75 which shall be regarded as a docket fee in any court having jurisdiction over the violation of state law.

(i)    Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.

History: L. 1974, ch. 33, § 8-2107; L. 1977, ch. 38, § 2; L. 1977, ch. 304, § 18; L. 1980, ch. 44, § 2; L. 1981, ch. 46, § 4; L. 1982, ch. 46, § 5; L. 1982, ch. 47, § 1; L. 1983, ch. 42, § 1; L. 1984, ch. 148, § 1; L. 1984, ch. 39, § 23; L. 1985, ch. 43, § 2; L. 1986, ch. 47, § 1; L. 1986, ch. 146, § 1; L. 1987, ch. 134, § 1; L. 1987, ch. 50, § 1; L. 1987, ch. 51, § 1; L. 1988, ch. 266, § 4; L. 1989, ch. 239, § 1; L. 1992, ch. 315, § 3; L. 1993, ch. 116, § 1; L. 1994, ch. 24, § 7; L. 1994, ch. 335, § 6; L. 1996, ch. 234, § 5; L. 2000 ch. 177, § 2; L. 2003, ch. 124, § 4; L. 2004, ch. 114, § 4; L. 2006, ch. 215, § 2; L. 2008, ch. 95, § 2; L. 2009, ch. 116, § 2; L. 2010, ch. 62, § 1; L. 2011, ch. 87, § 1; L. 2012, ch. 66, § 1; L. 2013, ch. 125, § 1; L. 2015, ch. 81, § 5; L. 2017, ch. 80, § 1; L. 2019, ch. 58, § 2; July 1.

 

8-2108. Citation deemed lawful complaint.

        In the event the form of citation provided for in K.S.A. 8-2106 and amendments thereto includes information required by law and is signed by the officer preparing it, such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution for the violation specified.

History: L. 1974, ch. 33, § 8-2108; L. 1975, ch. 39, § 36; L. 1977, ch. 44, § 1; L. 1988, ch. 50, § 3; July 1.

 

8-2109. Authority of officer at scene of accident.

(a)   Except for felonies, a police officer at the scene of a traffic accident may issue a written traffic citation, as provided in K.S.A. 8-2106 and amendments thereto, to any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this act in connection with the accident.

(b)   A police officer at the scene of a traffic accident may arrest any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of the uniform vehicle code in connection with the accident, except when every such offense is a traffic infraction.

History: L. 1974, ch. 33, § 8-2109; L. 1982, ch. 48, § 1; L. 1984, ch. 39, § 24; Jan. 1, 1985.

 

8-2110. Failure to comply with traffic citation; misdemeanor; suspension of driver's license; reinstatement fee; disposition of reinstatement fees.

(a)   Failure to comply with a traffic citation means failure either to: (1) Appear before any district or municipal court in response to a traffic citation and pay in full any fine and court costs imposed as ordered by the court; or (2) otherwise comply with a traffic citation as provided in K.S.A. 8-2118, and amendments thereto. Failure to comply with a traffic citation is a misdemeanor, regardless of the disposition of the charge for which such citation was originally issued.

(b)   (1)    (A)  In addition to penalties of law applicable under subsection (a), when a person fails to comply with a traffic citation, except for illegal parking, standing or stopping any violations provided in subparagraph (C), the district or municipal court in which the person should have complied with the citation shall mail notice to the person that if the person does not appear in district or municipal court or pay all fines, court costs and any penalties as ordered by the court within 30 days from the date of mailing notice, the division of vehicles will be notified to suspend the person's driving privileges unless such person is eligible for restricted driving privileges pursuant to subparagraph (B). If the person is eligible for restricted driving privileges, the division of vehicles shall restrict such person's driving privileges pursuant to the terms set forth in subparagraph (B). The district or municipal court may charge an additional fee of $5 for mailing such notice. Upon the person's failure to comply within such 30 days of mailing notice, the district or municipal court shall electronically notify the division of vehicles unless the district or municipal court has determined pursuant to a written order that the person shall fulfill any requirements set forth by the court prior to the suspension. Failure to abide by the terms of the order shall result in the court notifying the division of vehicles that the person's license shall be suspended for the failure to comply with a traffic citation. Upon receipt of a report of a failure to comply with a traffic citation under this subsection, pursuant to K.S.A. 8-255, and amendments thereto, the division of vehicles shall notify the violator and suspend the license of the violator until satisfactory evidence of substantial compliance with the terms of the traffic citation has been furnished to the informing court unless such person is eligible for restricted driving privileges pursuant to subparagraph (B). If the person is eligible for restricted driving privileges, the division of vehicles shall notify the violator that the person's driving privileges are restricted pursuant to the terms set forth in subparagraph (B). When the court determines the person has complied is in substantial compliance with the terms of the traffic citation, the court shall immediately electronically notify the division of vehicles of such compliance. Upon receipt of notification of such compliance from the informing court, the division of vehicles shall terminate the restriction, suspension or suspension action.

                (B)   (i)    When restricted driving privileges are approved pursuant to this subsection, the person's driving privileges shall be restricted to driving only under the following circumstances:

                                (a)   In going to or returning from the person's place of employment or schooling;

                                (b)   in the course of the person's employment;

                                (c)    in going to or returning from an appointment with a healthcare provider or during a medical emergency;

                                (d)   in going to and returning from probation or parole meetings, drug or alcohol counseling or any place the person is required to go by a court;

                                (e)   in going to or returning from dropping off or picking up one or more children from school or child care;

                                (f)    in going to or returning from purchasing groceries or fuel for their vehicle; and

                                (g)   in going to or returning from any religious worship service held by a religious organization.

                        (ii)   A person shall not qualify for restricted driving privileges pursuant to this subparagraph if such person has been convicted for driving with a canceled, suspended or revoked license more than three times or if such person is suspended for reasons other than a failure to comply with a traffic citation at the time of application. Restricted driving privileges approved pursuant to this subparagraph shall remain in effect for the lesser of time of either:

                                (a)   60 days from the date that the division of vehicles mails notice to the person of the restricted driving privileges;

                                (b)   the person enters into an agreement with the court regarding the person's failure to comply; or

                                (c)    the rescission of the restricted driving privileges by the division of vehicles.

                        (iii)  The division shall rescind restricted driving privileges for any person authorized pursuant to this subparagraph if the person is found guilty of:

                                (a)   A violation resulting in a license suspension, revocation or cancellation for reasons other than failure to comply with a traffic citation; or

                                (b)   operating a motor vehicle in violation of restrictions provided in clause (i) two or more times.

                        (iv)  A person operating a motor vehicle in violation of restrictions provided in clause (i) shall be guilty of operating a vehicle in violation of restrictions as provided in K.S.A. 8-291, and amendments thereto.

                (C)   (i)    Violations of the following sections or violations of substantially similar offenses under a city ordinance shall not provide the basis for a violation of this section: K.S.A. 8-1513, 8-1532, 8-1534, 8-1536, 8-1537, 8-1538, 8-1543, 8-1569, 8-1571, 8-1572, 8-1573, 8-1578, 8-1578a, 8-1583, 8-1585, 8-1586, 8-1588, 8-1589, 8-1590, 8-1591, 8-1592, 8-15,102, 8-15,108, 8-15,113, 8-1744, 21-5607, 21-5810, 21-5815, 21-5816, 21-5817, 21-6203, 41-715, 41-727, 66-1330, 68-2106, 75-4510a and 79-34,112, and amendments thereto.

                        (ii)   The provisions of this subparagraph shall be construed and applied retroactively. A person may petition the district or municipal court in which the person should have complied with the citation that led to a prior violation of this section. If the court determines that the person committed an offense that does not provide the basis for a violation of this section, as amended by this act, the court shall immediately electronically notify the division of vehicles. Upon receipt of such notification from the informing court, the division of vehicles shall terminate any restriction, suspension or suspension action that resulted from the prior violation of this section.

        (2)   (A)   In lieu of suspension under paragraph (1), the driver may submit to the division of vehicles a written request for restricted driving privileges. The driver may apply and be eligible for restricted driving privileges pursuant to this paragraph if such driver has previously been approved for restricted driving privileges pursuant to paragraph (1).

                (B)   (i)    A person whose driving privileges have been revoked solely for driving a motor vehicle on any highway as defined in K.S.A. 8-1424, and amendments thereto, of this state at a time when such person's privilege to do so was canceled, suspended or revoked for failure to comply with a traffic citation pursuant to this section may submit to the division of vehicles a written request for restricted driving privileges. A person shall not qualify for restricted driving privileges pursuant to this section if such person has been convicted for driving with a canceled, suspended or revoked license more than three times or if such person is suspended for reasons other than a failure to comply with a traffic citation at the time of application. Restricted driving privileges approved pursuant to this subparagraph shall remain in effect unless otherwise rescinded for the lesser of time of either:

                                (a)   The remainder of the period of time that such person's driving privileges are revoked; or

                                (b)   three years from the date when the restricted driving privileges were approved.

                        (ii)   The division shall rescind restricted driving privileges for any person authorized pursuant to this subparagraph if the person is found guilty of a violation resulting in a license suspension, revocation or cancellation for reasons other than failure to comply with a traffic citation.

                        (iii)  A person operating a motor vehicle in violation of restrictions provided in subparagraph (D) shall be guilty of operating a vehicle in violation of restrictions as provided in K.S.A. 8-291, and amendments thereto.

                (C)   A person whose driver's license has expired during the period when such person's driver's license has been suspended for failure to pay fines for traffic citations, the driver may submit to the division of vehicles a written request for restricted driving privileges. An individual shall not qualify for restricted driving privileges pursuant to this section unless the following conditions are met:

                        (i)    The suspended license that expired was issued by the division of vehicles;

                        (ii)   the suspended license resulted from the individual's failure to comply with a traffic citation pursuant to subsection (b)(1); and

                        (iii)  the traffic citation that resulted in the failure to comply pursuant to subsection (b)(1) was issued in this state.

                (D)  Upon review and approval of the driver's eligibility, the driving privileges will be restricted by the division of vehicles until the terms of the traffic citation have been substantially complied with and the court shall immediately electronically notify the division of vehicles of such compliance. If the driver fails to substantially comply with the traffic citation, the driving privileges will be suspended by the division of vehicles until the court determines the person has substantially complied with the terms of the traffic citation and the court shall immediately electronically notify the division of vehicles of such substantial compliance. Upon receipt of notification of such compliance from the informing court, the division of vehicles shall terminate the suspension action. When restricted driving privileges are approved pursuant to this section, the person's driving privileges shall be restricted to driving only under the following circumstances:

                        (I)    In going to or returning from the person's place of employment or schooling;

                        (ii)  in the course of the person's employment;

                        (iii)  in going to or returning from an appointment with a health care provider or during a medical emergency;

                        (iv)  in going to and returning from probation or parole meetings, drug or alcohol counseling or any place the person is required to go by a court;

                        (v)  in going to or returning from dropping off or picking up one or more children from school or child care;

                        (vi) in going to or returning from purchasing groceries or fuel for their vehicle; and

                        (vii)        in going to or returning from any religious worship service held by a religious organization.

(c)    Except as provided in subsection (d), when the district or municipal court notifies the division of vehicles of a failure to comply with a traffic citation pursuant to subsection (b), the court shall assess a reinstatement fee of $100. Such reinstatement fee shall be in addition to any fine, restricted driving privilege application fee, district or municipal court costs and other penalties. The court shall remit all reinstatement fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and shall credit the first $15 of such reinstatement fee to the state general fund and of the remaining amount, 29.41% of such moneys to the division of vehicles operating fund, 22.06% to the community alcoholism and intoxication programs fund created by K.S.A. 41-1126, and amendments thereto, 7.36% to the juvenile alternatives to detention fund created by K.S.A. 79-4803, and amendments thereto, and 41.17% to the state general fund.

(d)   The district court or municipal court shall waive the reinstatement fee provided for in subsection (c), if the failure to comply with a traffic citation was the result of such person enlisting in or being drafted into the armed services of the United States, being called into service as a member of a reserve component of the military service of the United States, or volunteering for such active duty, or being called into service as a member of the state of Kansas national guard, or volunteering for such active duty, and being absent from Kansas because of such military service.

(e)   (1)   A person who is assessed a reinstatement fee pursuant to subsection (c) may petition the court that assessed the fee at any time to waive payment of the fee, any additional charge imposed pursuant to subsection (f), or any portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the person or the person's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

        (2)   A person who is assessed a fine or court costs for a traffic citation may petition the court that assessed the fine or costs at any time to waive payment of the fine or costs, or any portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the person or the person's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

        (3)   The clerk of the district court and the clerk of the municipal court shall make forms available to any person seeking to petition the court to waive or reduce traffic fines, court costs or reinstatement fees.

(f)    Except as provided further, the reinstatement fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for such reinstatement. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per reinstatement fee, to fund the costs of non-judicial personnel.

(g)   (1)   Prior to issuing an order pursuant to this section that notifies the division of vehicles to restrict or suspend a person's drivingprivileges, the court shall consider:

                (A)   Waiver or reduction of fees, fines and court costs and allowing for payment plans for any fees, fines and court costs; and

                (B)   alternative requirements in lieu of restriction or suspension of driving privileges, including, but not limited to, alcohol or drug treatment or community service.

        (2)   Nothing in this subsection shall be construed to require the court to make written findings or written payment plan orders.

(h)   (1)   Any conviction for a failure to comply pursuant to this section shall not be considered by the district or municipal court or the division of vehicles in determining suspended or restricted driving privileges if such conviction is more than five years old.

        (2)   After the expiration of five years from the date of conviction, the division shall notify by mail any persons whose driving privileges were suspended or restricted and have not since been restored. The division shall notify the person that the person may be eligible for driving privileges as a result of the expiration of the five years from the conviction for the failure to comply.

        (3)   The provisions of this subsection shall be construed and applied retroactively.

(i)    As used in this section, "substantial compliance" or "substantially complied" means the person has followed the orders of the court involving payments of fines, court costs and any penalties and has not failed substantially in making payments or satisfying the terms of the court order.

History: L. 1974, ch. 33, § 8-2110; L. 1982, ch. 46, § 6; L. 1984, ch. 39, § 25; L. 1985, ch. 78, § 2; L. 1990, ch. 43, § 6; L. 1991, ch. 282, § 6; L. 1991, ch. 36, § 24; L. 1994, ch. 351, § 2; L. 2001, ch. 5, § 38; L. 2002, Ch. 43, § 1; L. 2006, ch. 215, §§ 3; L. 2008, ch. 114, § 1; L. 2008, ch. 150, § 9; L. 2009, ch. 111, § 1; L. 2009, ch. 143, § 4; L. 2010, ch. 62, § 2; L. 2011, ch. 87, § 2; L. 20012, ch. 66, § 2; L. 2013, ch. 107, § 1; L. 2013, ch. 125, § 2; July 1; L. 2014, ch. 67, § 2; L. 2015, ch. 81, § 6; L. 2016, ch. 46, § 19; L. 2017, ch. 80, § 2; L. 2019, ch. 58, § 3; L. 2019, ch. 17, § 1; L. 2021, ch. 89, § 5; May 6; L. 2021, ch. 113, § 2; L. 2022, ch. 34, § 1; L. 2024, ch. 101, §2, July 1.

 

8-2111. Applicability of procedures in 8-2101 to 8-2110.

        The foregoing provisions of this article shall govern all police officers in making arrests without a warrant for violations of any provisions of article 15, 16, 17, 18 or 19 of chapter 8 of Kansas Statutes Annotated, and amendments thereto, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade. Notwithstanding the other provisions of this section, a police officer may arrest for a misdemeanor under K.S.A. 22-2401 on the basis that evidence will be irretrievably lost or that the person may cause self-injury or injury to others or damage to property.

History: L. 1974, ch. 33, § 8-2111; L. 1982, ch. 48, § 2; July 1.

 

8-2112. Citation for illegally parked, standing or stopped vehicle.

        Whenever any motor vehicle without driver is found parked, standing or stopped in violation of this act or any ordinance, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation.

History: L. 1974, ch. 33, § 8-2112; July 1.

 

8-2113. Same; failure to appear; notice.

        If a violator of state or local restrictions on stopping, standing or parking does not appear in response to a traffic citation affixed to such motor vehicle within a period of five (5) days, the clerk of the court, shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing the owner of the violation and warning that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued.

History: L. 1974, ch. 33, § 8-2113; July 1.

 

8-2114. Same; prosecution; presumption of ownership.

(a)   In any prosecution charging a violation of any law or regulation governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint was in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of the violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

(b)   The foregoing stated presumption shall apply only when the procedure as prescribed in K.S.A. 8-2112 and 8-2113 has been followed.

History: L. 1974, ch. 33, § 8-2114; July 1.

 

8-2115. Records of traffic cases; transmittal of abstracts to division; form; effect of noncompliance; public inspection of records; notice of final disposition of appeals.

(a)   Every municipal judge or judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this act or of any other law regulating the operation of vehicles on highways or for the violation of an ordinance of any city defining any offense the provisions of which are identical with provisions of this act, or fixing a limitation upon the speed of vehicles pursuant to the provisions of this act.

(b)   Within 10 days after the conviction or forfeiture of bail or an appearance bond of a person upon a charge of violating any provisions of this act or other law or city ordinance regulating the operation of vehicles on highways, every judge or clerk of the court in which such conviction was had or bail or bond was forfeited shall prepare and immediately electronically forward to the division an abstract of the record of the court covering the case in which such person was so convicted or forfeited bail or bond. The abstract shall be forwarded in an electronic format approved by the division.

(c)    Every court of record also shall forward a like report to the division upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.

(d)   The failure, refusal or neglect of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be ground for removal therefrom.

(e)   The division shall electronically file all abstracts received hereunder at its main office and the same shall be open to public inspection during reasonable business hours.

(f)    The clerk of any court of record to which a conviction for violation of any of the laws described in subsection (a) has been appealed within 10 days of the final disposition of such appeal shall forward a notification of such final disposition to the division in an electronic format approved by the division.

History: L. 1974, ch. 33, § 8-2115; L. 1984, ch. 43, § 1; L. 1986, ch. 84, § 1; L. 1991, ch. 36, § 21; L. 1996, ch. 120, § 2; L. 2006, ch. 103, § 3; July 1.

 

8-2116. Classification of violations; traffic infractions; misdemeanors; repeat misdemeanor offenses.

(a)   Every person convicted of violating K.S.A. 8-2503 and amendments thereto or violating any of the sections listed in the uniform fine schedule in K.S.A. 8-2118, and amendments thereto, is guilty of a traffic infraction.

(b)   Except where another penalty or class of misdemeanor is provided by statute, every person convicted of violating any provision of the uniform act regulating traffic on highways designated as a misdemeanor is guilty of a class C misdemeanor, except that upon a second such offense committed within one year after the date of the first such offense, upon conviction thereof, such person is guilty of a class B misdemeanor, and upon a third or subsequent such offense committed within one year after the first such offense, upon conviction thereof, such person is guilty of a class A misdemeanor.

History: L. 1974, ch. 33, § 8-2116; L. 1975, ch. 39, § 37; L. 1984, ch. 39, § 26; L. 2019, ch. 8, § 1; July 1.

 

8-2117. Prosecution of juvenile traffic offenders; disposition.

(a)   Subject to the provisions of this section, a court of competent jurisdiction may hear prosecutions of traffic offenses involving any child 14 or more years of age but less than 18 years of age. The court hearing the prosecution may impose any fine authorized by law for a traffic offense, including a violation of K.S.A. 8-1567 and amendments thereto, and may order that the child be placed in a juvenile detention facility, as defined by K.S.A. 2006 Supp. 38-2302, and amendments thereto, for not more than 10 days. If the child is less than 18 years of age, the child shall not be incarcerated in a jail as defined by K.S.A. 2006 Supp. 38-2302, and amendments thereto. If the statute under which the child is convicted requires a revocation or suspension of driving privileges, the court shall revoke or suspend such privileges in accordance with that statute. Otherwise, the court may suspend the license of any person who is convicted of a traffic offense and who was under 18 years of age at the time of commission of the offense. Suspension of a license shall be for a period not exceeding one year, as ordered by the court. Upon suspending any license pursuant to this section, the court shall require that the license be surrendered to the court and shall transmit the license to the division of vehicles with a copy of the court order showing the time for which the license is suspended. The court may modify the time for which the license is suspended, in which case it shall notify the division of vehicles in writing of the modification. After the time period has passed for which the license is suspended, the division of vehicles shall issue an appropriate license to the person whose license had been suspended, upon successful completion of the examination required by K.S.A. 8-241 and amendments thereto and upon proper application and payment of the required fee unless the child's driving privileges have been revoked, suspended or cancelled for another cause and the revocation, suspension or cancellation has not expired.

(b)   Instead of suspending a driver's license pursuant to this section, the court may place restrictions on the child's driver's privileges pursuant to K.S.A. 8-292 and amendments thereto.

(c)    Instead of the penalties provided in subsections (a) and (b), the court may place the child under a house arrest program, pursuant to K.S.A. 21-6609, and amendments thereto, and sentence the child to the same sentence as an adult traffic offender under K.S.A. 8-2116, and amendments thereto.

(d)   As used in this section, 'traffic offense' means a violation of the uniform act regulating traffic on highways, a violation of articles 1 and 2 of chapter 8 of the Kansas Statutes Annotated and a violation of K.S.A. 40-3104, and amendments thereto. Traffic offenses shall include a violation of a city ordinance or county resolution which prohibits acts which would constitute a violation of the uniform act regulating traffic on highways, a violation of articles 1 and 2 of chapter 8 of the Kansas Statutes Annotated, or a violation of K.S.A. 40-3104, and amendments thereto, and any violation of a city ordinance or county resolution which prohibits acts which are not violations of state laws and which relate to the regulation of traffic on the roads, highways or streets or the operation of self-propelled or nonself-propelled vehicles of any kind.

History: L. 1978, ch. 158, § 34; L. 1981, ch. 183, § 1; L. 1982, ch. 182, § 118; L. 1983, ch. 140, § 1; L. 1986, ch. 161, § 7; L. 1989, ch. 92, § 17; L. 1990, ch. 150, § 2; L. 1993, ch. 209, § 1; L. 2006, ch. 169, § 89; L. 2006, ch. 186, § 6; L. 2007, ch. 195, § 6, L. 2011, ch. 30, § 97; July 1.

 

8-2118. Uniform fine schedule for traffic infraction violations; payment by mail with plea, when; full payment required; ordinance traffic infractions; doubling of fine in road construction zone.

(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 in any manner accepted by the court. The traffic citation shall not have been complied with if the payment 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 reference only and is not a legal definition.

 

Description of Offense	Statute	Fine
Unsafe speed for prevailing conditions	8-1557	$75
Exceeding maximum speed limit; or speeding in zone posted by the state department of transportation; or speeding in locally posted zone	8-1558   to   8-1560 8-1560a or 8-1560b	1 - 10 mph over the limit, $45; 11 - 20 mph over the limit, $45 plus $6 per mph over 10 mph over the limit; 21-30 mph over the limit, $105 plus $9 per mph over 20 mph over the limit; 31 and more mph over the limit, $195 plus $15 per mph over 30 mph over the limit;
Disobeying traffic control device	8-1507	$75
Violating traffic control signal	8-1508	$75
Violating pedestrian control signal	8-1509	$45
Violating flashing traffic signals	8-1510	$75
Violating lane-control signal	8-1511	$75
Unauthorized sign, signal, marking or device	8-1512	$45
Driving on left side of roadway	8-1514	$75
Failure to keep right to pass oncoming vehicle	8-1515	$75
Improper passing; increasing speed when passed	8-1516	$75
Improper passing on right	8-1517	$75
Passing on left with insufficient clearance	8-1518	$75
Driving on left side where curve, grade, intersection railroad crossing, or obstructed view	8-1519	$75
Driving on left in no-passing zone	8-1520	$75
Unlawful passing of stopped emergency vehicle	8-1520a	$75
Driving wrong direction on one-way road	8-1521	$75
Improper driving on laned roadway	8-1522	$75
Following too close	8-1523	$75
Improper crossover on divided highway	8-1524	$45
Failure to yield right-of-way at uncontrolled intersection	8-1526	$75
Failure to yield to approaching vehicle when turning left	8-1527	$75
Failure to yield at stop or yield sign	8-1528	$75
Failure to yield from private road or driveway	8-1529	$75
Failure to yield to emergency vehicle	8-1530	$195
Failure to yield to pedestrian or vehicle working on roadway	8-1531	$105
Failure to comply with restrictions in road construction zone	8-1531a	$45
Disobeying pedestrian traffic control device	8-1532	$45
Failure to yield to pedestrian in crosswalk pedestrian suddenly entering roadway; passing vehicle stopped for pedestrian at crosswalk	8-1533	$75
Improper pedestrian crossing	8-1534	$45
Failure to exercise due care in regard to pedestrian	8-1535	$45
Improper pedestrian movement in crosswalk	8-1536	$45
Improper use of roadway by pedestrian	8-1537	$45
Soliciting ride or business on roadway	8-1538	$45
Driving through safety zone	8-1539	$45
Failure to yield to pedestrian on sidewalk	8-1540	$45
Failure of pedestrian to yield to emergency vehicle	8-1541	$45
Failure to yield to blind pedestrian	8-1542	$45
Pedestrian disobeying bridge or railroad signal	8-1544	$45
Improper turn or approach	8-1545	$75
Improper "U" turn	8-1546	$75
Unsafe starting of stopped vehicle	8-1547	$45
Unsafe turning or stopping, failure to give proper signal; using turn signal unlawfully	8-1548	$75
Improper method of giving notice of intention to turn	8-1549	$45
Improper hand signal	8-1550	$45
Failure to stop or obey railroad crossing signal	8-1551	$195
Failure to stop at railroad crossing stop sign	8-1552	$135
Certain hazardous vehicles failure to stop at railroad crossing	8-1553	$195
Improper moving of heavy equipment at railroad crossing	8-1554	$75
Vehicle emerging from alley, private roadway, building or driveway	8-1555	$75
Improper passing of school bus; improper use of school bus signals	8-1556	$315
Improper passing of church or day-care bus; improper use of signals	8-1556a	$195
Impeding normal traffic by slow speed	8-1561	$45
Speeding on motor-driven cycle	8-1562	$75
Speeding in certain vehicles or on posted bridge	8-1563	$45
Improper stopping, standing or parking on roadway	8-1569	$45
Parking, standing or stopping in prohibited area	8-1571	$45
Improper parking	8-1572	$45
Unattended vehicle	8-1573	$45
Improper backing	8-1574	$45
Driving on sidewalk	8-1575	$45
Driving with view or driving mechanism obstructed	8-1576	$45
Unsafe opening of vehicle door	8-1577	$45
Riding in house trailer	8-1578	$45
Unlawful riding on vehicle	8-1578a	$75
Improper driving in defiles, canyons, or on grades	8-1579	$45
Coasting	8-1580	$45
Following fire apparatus too closely	8-1581	$75
Driving over fire hose	8-1582	$45
Putting glass, etc., on highway	8-1583	$105
Driving into intersection, crosswalk, or crossing without sufficient space on other side	8-1584	$45
Improper operation of snowmobile on highway	8-1585	$45
Parental responsibility of child riding bicycle	8-1586	$45
Not riding on bicycle seat; too many persons on bicycle	8-1588	$45
Clinging to other vehicle	8-1589	$45
Improper riding of bicycle on roadway	8-1590	$45
Carrying articles on bicycle; one hand on handlebars	8-1591	$45
Improper bicycle lamps, brakes or reflectors	8-1592	$45
Improper operation of motorcycle; seats, passengers, bundles	8-1594	$45
Improper operation of motorcycle on laned roadway	8-1595	$75
Motorcycle clinging to other vehicle	8-1596	$45
Improper motorcycle handlebars or passenger equipment	8-1597	$75
Motorcycle helmet and eye-protection requirements	8-1598	$45
Unlawful operation of all-terrain vehicle	8-15,100	$75
Unlawful operation of low-speed vehicle	8-15,101	$75
Littering	8-15,102	$115
Disobeying school crossing guard	8-15,103	$75
Unlawful operation of micro utility truck	8-15,106	$75
Failure to remove vehicles in accidents	8-15,107	$75
Unlawful operation of golf cart	8-15,108	$75
Unlawful operation of work-site utility vehicle	8-15,109	$75
Unlawful display of license plate section	8-15,110	$75
Unlawful text messaging	8-15,111	$75
Unlawful passing of a waste collection vehicle	8-15,112	$45
Unlawful operation of electric-assisted scooter	8-15,113	$45
Unlawful passing of a utility or telecommunications vehicle	8-15,114	$105
Equipment offenses that are not misdemeanors	8-1701	$75
Driving without lights when needed	8-1703	$45
Defective headlamps	8-1705	$45
Defective tail lamps	8-1706	$45
Defective reflector	8-1707	$45
Improper stop lamp or turn signal	8-1708	$45
Improper lighting equipment on certain vehicles	8-1710	$45
Improper lamp color on certain vehicles	8-1711	$45
Improper mounting of reflectors and lamps on certain vehicles	8-1712	$45
Improper visibility of reflectors and lamps on certain vehicles	8-1713	$45
No lamp or flag on projecting load	8-1715	$75
Improper lamps on parked vehicle	8-1716	$45
Improper lights, lamps, reflectors and emblems on farm tractors or slow-moving vehicles	8-1717	$45
Improper lamps and equipment on implements of husbandry road machinery or animal-drawn vehicles	8-1718	$45
Unlawful use of spot, fog, or auxiliary lamp	8-1719	$45
Improper lamps or lights on emergency vehicle	8-1720	$45
Improper stop or turn signal	8-1721	$45
Improper vehicular hazard warning lamp	8-1722	$45
Unauthorized additional lighting equipment	8-1723	$45
Improper multiple-beam lights	8-1724	$45
Failure to dim headlights	8-1725	$75
Improper single-beam headlights	8-1726	$45
Improper speed with alternate lighting	8-1727	$45
Improper number of driving lamps	8-1728	$45
Unauthorized lights and signals	8-1729	$45
Improper school bus lighting equipment and warning devices	8-1730	$45
Unauthorized lights and devices on church or day-care bus	8-1730a	$45
Improper lights on highway construction or maintenance vehicles	8-1731	$45
Defective brakes	8-1734	$45
Defective or improper use of horn or warning device	8-1738	$45
Defective muffler	8-1739	$45
Defective mirror	8-1740	$45
Defective wipers; obstructed windshield or windows	8-1741	$45
Improper tires	8-1742	$45
Improper flares or warning devices	8-1744	$45
Improper use of vehicular hazard warning lamps and devices	8-1745	$45
Improper air-conditioning equipment	8-1747	$45
Improper safety belt or shoulder harness	8-1749	$45
Improper wide-based single tires	8-1742b	$75
Improper compression release engine braking system	8-1761	$75
Defective motorcycle headlamp	8-1801	$45
Defective motorcycle tail lamp	8-1802	$45
Defective motorcycle reflector	8-1803	$45
Defective motorcycle stop lamps and turn signals	8-1804	$45
Defective multiple-beam lighting	8-1805	$45
Improper road-lighting equipment on motor-driven cycles	8-1806	$45
Defective motorcycle or motor-driven cycle brakes	8-1807	$45
Improper performance ability of brakes	8-1808	$45
Operating motorcycle with disapproved braking system	8-1809	$45
Defective horn, muffler, mirrors or tires	8-1810	$45
Unlawful statehouse parking	75-4510a	$30
Exceeding gross weight of vehicle or combination	8-1909	Pounds Overweight up to 1000 . . . . . . . . . . . . . . . . .$40   1001 to 2000. . .3¢ per pound   2001 to 5000 .. 5¢ per pound   5001 to 7500 . . 7¢ per pound   7501 and over . 10¢ per pound
Exceeding gross weight on any axle or tandem, triple or quad axles	8-1908	Pounds Overweight up to 1000 . . . . . . . . . . . . . . . . .$40   1001 to 2000.. . 3¢ per pound   2001 to 5000 .. .5¢ per pound   5001 to 7500 . . 7¢ per pound   7501 and over . 10¢ per pound
Failure to obtain proper registration, clearance or to have current certification	66-1324	$287
Insufficient liability insurance for motor carriers	66-1,128 or 66-1314	$137
Failure to obtain interstate motor fuel tax authorization	79-34,122	$137
No authority as private or common carrier	66-1,111	$137
Violation of motor carrier safety rules and regulations, except for violations specified in subsection (b)(2) of K.S.A. 66-1,130, and amendments thereto.	66-1,129	$115