8-1345. Same; unlawful acts; penalties; fine waived, when; notification of waiver; defense to action.
8-1345
8-1345. Same; unlawful acts; penalties; fine
waived, when; notification of waiver; defense to action.
(a) It shall be unlawful for any driver to violate the provisions of K.S.A.
8-1344, and amendments thereto, and upon conviction such
driver shall be
punished by a fine of $60. The failure to provide a child
safety
restraining
system or safety belt for more than one child in the same passenger car at the
same time shall be treated as a single violation. Any conviction under the
provisions of this subsection shall not be construed as a moving traffic
violation for the purpose of K.S.A. 8-255, and amendments thereto.
(b) The $60 fine
provided for in subsection (a) shall be waived if
the
driver convicted of violating subsection (a)(1) or (a)(2) of
K.S.A. 8-1344,
and
amendments
thereto, provides proof to the court that such driver
has purchased or
acquired the appropriate and approved child passenger safety
restraining system. At the time of issuing the citation for a violation of
subsection (a)(1) or (a)(2) of K.S.A. 8-1344, and amendments thereto, the law
enforcement officer
shall notify the driver of the waiver provisions of this subsection.
(c) No driver charged with violating the provisions of this act shall be
convicted if such driver produces in the office of the arresting officer or
in court proof that the child was 14 years of age or older at
the time the
violation was alleged to have occurred.
(d) Evidence of failure to secure a child in a child passenger safety
restraining system or a safety belt under the provisions of K.S.A. 8-1344,
and amendments thereto, shall not be admissible in any action for the
purpose of determining any aspect of comparative negligence or mitigation of
damages.
(e) From and after the effective date of this act, and prior to July 1, 2007,
a law enforcement officer shall issue a warning citation to anyone
violating subsection (a)(2) of K.S.A. 8-1344, and amendments
thereto.
History: L. 1981, ch. 33, § 3;
L. 1984, ch. 38, § 2;
L. 1989, ch. 40, § 2;
L. 1992, ch. 317, § 3;
L. 2006, ch. 44, § 2;
L. 2007, ch. 140, § 15; July 1.