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House Substitute for SENATE BILL No. 366
AN ACT concerning traffic regulations; prohibiting the use of a mobile telephone while
operating a motor vehicle in a school zone or a road construction zone; permitting the
display of certain lighting in road construction zones by vehicles and trailers engaged
in highway construction and maintenance operations; amending K.S.A. 8-1729 and
8-1731 and K.S.A. 2025 Supp. 8-2118 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) No person shall use a mobile telephone while
operating a motor vehicle in a school zone at a time when a reduced
speed limit is enforced as established by K.S.A. 8-1560(a) or 8-1560e,
and amendments thereto, or in a road construction zone, as that term is
defined in K.S.A. 8-1458a, and amendments thereto, while workers are
present and signs are posted at the beginning of the road construction
zone alerting drivers to such workers.
(b) The provisions of subsection (a) shall not apply to:
(1) A law enforcement officer or emergency service personnel
acting within the course and scope of the law enforcement officer's or
emergency service personnel's employment;
(2) a person operating a motor vehicle that is halted at a location
where the vehicle can safely and lawfully remain stationary; or
(3) a mobile telephone that is being used with a hands-free device.
(c) The provisions of subsection (a) shall not prohibit a person
from using a mobile telephone while operating a motor vehicle that
would otherwise violate subsection (a) to:
(1) Report current or ongoing illegal activity to a law enforcement
agency;
(2) prevent imminent injury to a person or property;
(3) summon medical or other emergency assistance; or
(4) relay information between a transit or for hire operator and the
operator's dispatcher, if the device is permanently affixed to the motor
vehicle.
(d) Holding a mobile telephone shall constitute a rebuttable
presumption of a violation of subsection (a) for persons operating a
motor vehicle in a school zone or a road construction zone.
(e) A law enforcement officer shall not, without the consent of the
person:
(1) Confiscate a mobile telephone device for the purpose of
determining compliance with this section;
(2) confiscate a mobile telephone and retain it as evidence pending
trial for a violation of this section; or
(3) extract or otherwise download information from a mobile
telephone for a violation of this section unless:
(A) The law enforcement officer has probable cause to believe that
the mobile telephone has been used in the commission of a crime;
(B) the information is extracted or otherwise download under a
valid search warrant; or
(C) otherwise authorized by law.
(f) As used in this section:
(1) "Hands-free device" means speakerphone capability or a
telephone attachment or other piece of equipment, regardless of
whether or not the hands-free device is permanently installed in the
motor vehicle, that allows use of the mobile telephone without use of
either of the operator's hands.
(2) ''Mobile telephone'' does not include a commercial two-way
radio communication device or its functional equivalent, subscription-
based emergency communication device, prescribed medical device,
amateur or ham radio device or remote diagnostics system.
(3) (A) "Use a mobile telephone" means the use of the mobile
telephone by an operator of the motor vehicle when performed without
the use of a hands-free device.
(B) "Use a mobile telephone" does not apply to:
House Substitute for SENATE BILL No. 366—page 2
(i) A voice-based communication that is automatically converted
to the device to be sent as a message in a written form when used in
hands-free mode;
(ii) the use of the device for navigation of the vehicle or for global
positioning system purposes when used in hands-free mode; or
(iii) the use of the device to perform any task that would otherwise
be allowed to be performed on the motor vehicle's entertainment
system when used in hands-free mode.
(g) A law enforcement officer shall issue a warning citation to
anyone violating the provisions of subsection (a). The provisions of this
subsection shall expire on and after July 1, 2027.
(h) This section shall be a part of and supplemental to the uniform
act regulating traffic on highways.
Sec. 2. K.S.A. 8-1729 is hereby amended to read as follows: 8-
1729. (a) During the times specified in K.S.A. 8-1703, and
amendments thereto, any lighted lamp or illuminating device upon a
motor vehicle, other than head lamps, spot lamps, auxiliary lamps,
flashing turn signals, vehicular hazard warning lamps and school bus
warning lamps that projects a beam of light of an intensity greater than
300 candlepower shall be so directed that no part of the high intensity
portion of the beam will strike the level of the roadway on which the
vehicle stands at a distance of more than 75 feet from the vehicle.
(b) Except as required or permitted in K.S.A. 8-1720 and 8-1730,
and amendments thereto, or K.S.A. 8-1762, and amendments thereto,
no person shall drive or move any vehicle or equipment upon any
highway with any lamp or device capable of displaying a red light
visible from directly in front of the center thereof, nor shall any vehicle
or equipment upon any highway have any lamp or device displaying
any color of light visible from directly in front of the center thereof
except white or amber or any shade of color between white and amber.
(c) Flashing lights are prohibited except as authorized or required
in K.S.A. 8-1717, 8-1720, 8-1721, 8-1722, 8-1723, 8-1730, 8-1730a
and 8-1731, and amendments thereto.
(d) Except as provided in K.S.A. 8-1731, and amendments thereto,
the flashing lights described in K.S.A. 8-1720, 8-1730 and 8-1730a,
and amendments thereto, shall not be used on any vehicle other than a
school bus, church bus or day care program bus, as defined in K.S.A. 8-
1730a, and amendments thereto, or an authorized emergency vehicle.
(e) All lighting devices and reflectors mounted on the rear of any
vehicle shall display or reflect a red color, except the stop light or other
signal device, which that may be red, amber or yellow, and except that
the light illuminating the license plate shall be white and the light
emitted by a back-up lamp shall be white or amber.
Sec. 3. K.S.A. 8-1731 is hereby amended to read as follows: 8-
1731. (a) Notwithstanding the provisions of K.S.A. 8-1729, and
amendments thereto, vehicles engaged in highway construction and
maintenance operations may display flashing, rotating or oscillating
amber, green or white lights at all times in a road construction zone.
Such lights may be displayed by themselves or in a combination of two
or three of such lights.
(b) Notwithstanding the provisions of K.S.A. 8-1729, and
amendments thereto, stationary trailers engaged in highway
construction and maintenance operations may display flashing,
rotating or oscillating white and blue lights within the area of a road
construction zone when any portion of the highway is closed, subject to
the following conditions:
(1) The lights are used during the hours between sunset and
sunrise; and
(2) There are workers present in such road construction zone.
House Substitute for SENATE BILL No. 366—page 3
(c) The secretary of transportation shall adopt rules or regulations
establishing specifications and rules governing the design and use of
special flashing lights on vehicles engaged in highway construction or
maintenance operations in accordance with the provisions of this
section.
Sec. 4. K.S.A. 2025 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 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 that 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 8-1557 $75
conditions
Exceeding maximum speed 8-1558 1-10 mph over the
limit; or speeding in zone to limit, $45
posted by the state depart- 8-1560
ment of transportation; or 8-1560a 11-20 mph over the
speeding in locally posted or limit, $45 plus $6
zone 8-1560b 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 de- 8-1507 $75
vice
Violating traffic control signal 8-1508 $75
Violating pedestrian control 8-1509 $45
signal
Violating flashing traffic signals 8-1510 $75
Violating lane-control signal 8-1511 $75
Unauthorized sign, signal, 8-1512 $45
marking or device
Driving on left side of roadway 8-1514 $75
Failure to keep right to pass 8-1515 $75
House Substitute for SENATE BILL No. 366—page 4
oncoming vehicle
Improper passing; increasing 8-1516 $75
speed when passed
Improper passing on right 8-1517 $75
Passing on left with insuffi- 8-1518 $75
cient clearance
Driving on left side where 8-1519 $75
curve, grade, intersec-
tion railroad crossing, or
obstructed view
Driving on left in no-passing 8-1520 $75
zone
Unlawful passing of stopped 8-1520a $75
emergency vehicle
Driving wrong direction on 8-1521 $75
one-way road
Improper driving on laned 8-1522 $75
roadway
Following too close 8-1523 $75
Improper crossover on di- 8-1524 $45
vided highway
Failure to yield right-of-way 8-1526 $75
at uncontrolled intersection
Failure to yield to approach- 8-1527 $75
ing vehicle when turning
left
Failure to yield at stop or 8-1528 $75
yield sign
Failure to yield from private 8-1529 $75
road or driveway
Failure to yield to emergency 8-1530 $195
vehicle
Failure to yield to pedestrian 8-1531 $105
or vehicle working on
roadway
Failure to comply with re- 8-1531a $45
strictions in road con-
struction zone
Disobeying pedestrian traffic 8-1532 $45
control device
Failure to yield to pedestrian 8-1533 $75
in crosswalk; pedestrian
suddenly entering road-
way; passing vehicle
stopped for pedestrian at
crosswalk
Improper pedestrian crossing 8-1534 $45
Failure to exercise due care in 8-1535 $45
regard to pedestrian
Improper pedestrian move- 8-1536 $45
ment in crosswalk
Improper use of roadway by 8-1537 $45
pedestrian
Soliciting ride or business 8-1538 $45
on roadway
Driving through safety zone 8-1539 $45
Failure to yield to pedestrian 8-1540 $45
on sidewalk
Failure of pedestrian to yield 8-1541 $45
House Substitute for SENATE BILL No. 366—page 5
to emergency vehicle
Failure to yield to blind pe- 8-1542 $45
destrian
Pedestrian disobeying bridge 8-1544 $45
or railroad signal
Improper turn or approach 8-1545 $75
Improper "U" turn 8-1546 $75
Unsafe starting of stopped 8-1547 $45
vehicle
Unsafe turning or stopping, 8-1548 $75
failure to give proper sig-
nal; using turn signal un-
lawfully
Improper method of giving 8-1549 $45
notice of intention to turn
Improper hand signal 8-1550 $45
Failure to stop or obey 8-1551 $195
road crossing signal
Failure to stop at railroad 8-1552 $135
crossing stop sign
Certain hazardous vehicles 8-1553 $195
failure to stop at railroad
crossing
Improper moving of heavy 8-1554 $75
equipment at railroad
crossing
Vehicle emerging from alley, 8-1555 $75
private roadway, building
or driveway
Improper passing of school 8-1556 $315
bus; improper use of
school bus signals
Improper passing of church 8-1556a $195
or day-care bus; improper
use of signals
Impeding normal traffic 8-1561 $45
by slow speed
Speeding on motor-driven 8-1562 $75
cycle
Speeding in certain vehicles 8-1563 $45
or on posted bridge
Improper stopping, standing 8-1569 $45
or parking on roadway
Parking, standing or stopping 8-1571 $45
in prohibited area
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 8-1576 $45
mechanism obstructed
Unsafe opening of vehicle 8-1577 $45
door
Riding in house trailer 8-1578 $45
Unlawful riding on vehicle 8-1578a $75
Improper driving in defiles, 8-1579 $45
canyons, or on grades
Coasting 8-1580 $45
Following fire apparatus too 8-1581 $75
House Substitute for SENATE BILL No. 366—page 6
closely
Driving over fire hose 8-1582 $45
Putting glass, etc., on high- 8-1583 $105
way
Driving into intersection, 8-1584 $45
crosswalk, or crossing
without sufficient space
on other side
Improper operation of snow- 8-1585 $45
mobile on highway
Parental responsibility of 8-1586 $45
child riding bicycle
Not riding on bicycle seat; 8-1588 $45
too many persons on
bicycle
Clinging to other vehicle 8-1589 $45
Improper riding of bicycle on 8-1590 $45
roadway
Carrying articles on bicycle; 8-1591 $45
one hand on handlebars
Improper bicycle lamps, 8-1592 $45
brakes or reflectors
Improper operation of mo- 8-1594 $45
torcycle; seats; passen-
gers, bundles
Improper operation of motor 8-1595 $75
cycle on laned roadway
Motorcycle clinging to other 8-1596 $45
vehicle
Improper motorcycle handle- 8-1597 $75
bars or passenger
equipment
Motorcycle helmet and eye- 8-1598 $45
protection requirements
Unlawful operation of all-ter- 8-15,100 $75
rain vehicle
Unlawful operation of 8-15,101 $75
low-speed vehicle
Littering 8-15,102 $115
Disobeying school crossing 8-15,103 $75
guard
Unlawful operation of micro 8-15,106 $75
utility truck
Failure to remove vehicles in 8-15,107 $75
accidents
Unlawful operation of golf 8-15,108 $75
cart
Unlawful operation of work- 8-15,109 $75
site utility vehicle
Unlawful display of license 8-15,110 $60
plate
Unlawful text messaging 8-15,111 $60
Unlawful passing of a waste 8-15,112 $45
collection vehicle
Unlawful operation of 8-15,113 $45
electric-assisted scooter
Unlawful passing of a utility or 8-15,114 $105
telecommunications vehicle
Unlawful passing of a 8-15,116 $75
House Substitute for SENATE BILL No. 366—page 7
stationary vehicle
Unlawful use of mobile telephone section 1 $60
Equipment offenses that are 8-1701 $75
not misdemeanors
Driving without lights when 8-1703 $45
needed
Defective headlamps 8-1705 $45
Defective tail lamps 8-1706 $45
Defective reflector 8-1707 $45
Improper stop lamp or turn 8-1708 $45
signal
Improper lighting equipment 8-1710 $45
on certain vehicles
Improper lamp color on cer- 8-1711 $45
tain vehicles
Improper mounting of re- 8-1712 $45
flectors and lamps on cer-
tain vehicles
Improper visibility of reflec- 8-1713 $45
tors and lamps on certain
vehicles
No lamp or flag on projecting 8-1715 $75
load
Improper lamps on parked 8-1716 $45
vehicle
Improper lights, lamps, re- 8-1717 $45
flectors and emblems on
farm tractors or slow-
moving vehicles
Improper lamps and equip- 8-1718 $45
ment on implements of
husbandry, road machin-
ery or animal-drawn ve-
hicles
Unlawful use of spot, fog, or 8-1719 $45
auxiliary lamp
Improper lamps or lights on 8-1720 $45
emergency vehicle
Improper stop or turn signal 8-1721 $45
Improper vehicular hazard 8-1722 $45
warning lamp
Unauthorized additional 8-1723 $45
lighting equipment
Improper multiple-beam lights 8-1724 $45
Failure to dim headlights 8-1725 $75
Improper single-beam head- 8-1726 $45
lights
Improper speed with alter- 8-1727 $45
nate lighting
Improper number of driving 8-1728 $45
lamps
Unauthorized lights and sig- 8-1729 $45
nals
Improper school bus lighting 8-1730 $45
equipment and warning
devices
Unauthorized lights and de- 8-1730a $45
vices on church or day-
care bus
House Substitute for SENATE BILL No. 366—page 8
Improper lights on highway 8-1731 $45
construction or maintenance
vehicles
Defective brakes 8-1734 $45
Defective or improper use of 8-1738 $45
horn or warning device
Defective muffler 8-1739 $45
Defective mirror 8-1740 $45
Defective wipers; obstructed 8-1741 $45
windshield or windows
Improper tires 8-1742 $45
Improper flares or warning 8-1744 $45
devices
Improper use of vehicular 8-1745 $45
hazard warning lamps
and devices
Improper air-conditioning 8-1747 $45
equipment
Improper safety belt or 8-1749 $45
shoulder harness
Improper wide-based single 8-1742b $75
tires
Improper compression re- 8-1761 $75
lease engine braking sys-
tem
Defective motorcycle head- 8-1801 $45
lamp
Defective motorcycle tail 8-1802 $45
lamp
Defective motorcycle reflec- 8-1803 $45
tor
Defective motorcycle stop 8-1804 $45
lamps and turn signals
Defective multiple-beam 8-1805 $45
lighting
Improper road-lighting equip- 8-1806 $45
ment on motor-driven cy-
cles
Defective motorcycle or mo- 8-1807 $45
tor-driven cycle brakes
Improper performance abil- 8-1808 $45
ity of brakes
Operating motorcycle with 8-1809 $45
disapproved braking sys-
tem
Defective horn, muffler, mir- 8-1810 $45
rors or tires
Unlawful statehouse parking 75-4510a $30
Exceeding gross weight of 8-1909 Pounds Overweight
vehicle or combination 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 8-1908 Pounds Overweight
House Substitute for SENATE BILL No. 366—page 9
any axle or tandem, up to 1000..........$40
triple or quad axles 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 re- 66-1324 $287
gistration, clearance or
to have current cer-
tification
Insufficient liability insur- 66-1,128 $137
ance for motor carriers or 66-1314
Failure to obtain interstate 79-34,122 $137
motor fuel tax author-
ization
No authority as private or 66-1,111 $137
common carrier
Violation of motor carrier 66-1,129 $115
safety rules and regula-
tions, except for viola-
tions specified in K.S.A.
66-1,130(b)(2), and
amendments thereto
(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. 8-1458a, and amendments thereto.
(f) For a second violation of K.S.A. 8-1908 or 8-1909, and
amendments thereto, within two years after a prior conviction of K.S.A.
8-1908 or 8-1909, and amendments thereto, such person, upon
conviction shall be fined 11/2 times the applicable amount from one, but
not both, of the schedules listed in the uniform fine schedule contained
in subsection (c). For a third violation of K.S.A. 8-1908 or 8-1909, and
amendments thereto, within two years, after two prior convictions of
K.S.A. 8-1908 or 8-1909, and amendments thereto, such person, upon
conviction shall be fined two times the applicable amount from one, but
not both, of the schedules listed in the uniform fine schedule contained
in subsection (c). For a fourth and each succeeding violation of K.S.A.
8-1908 or 8-1909, and amendments thereto, within two years after three
prior convictions of K.S.A. 8-1908 or 8-1909, and amendments thereto,
such person, upon conviction shall be fined 2 1/2 times the applicable
amount from one, but not both, of the schedules listed in the uniform
fine schedule contained in subsection (c).
(g) Fines listed in the uniform fine schedule contained in
subsection (c) relating to exceeding the maximum speed limit, shall be
doubled if a person is convicted of exceeding the maximum speed limit
in a school zone authorized under K.S.A. 8-1560(a)(4), and
House Substitute for SENATE BILL No. 366—page 10
amendments thereto.
(h) For a second violation of K.S.A. 8-1556, and amendments
thereto, within five years after a prior conviction of K.S.A. 8-1556, and
amendments thereto, such person, upon conviction, shall be fined $750
for the second violation. For a third and each succeeding violation of
K.S.A. 8-1556, and amendments thereto, within five years after two
prior convictions of K.S.A. 8-1556, and amendments thereto, such
person, upon conviction, shall be fined $1,000 for the third and each
succeeding violation.
Sec. 5. K.S.A. 8-1729 and 8-1731 and K.S.A. 2025 Supp. 8-2118
are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE concurred in
HOUSE amendments _______________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.