8-2118


Chapter 8.--AUTOMOBILES AND OTHER VEHICLES


Article 21.--UNIFORM ACT REGULATING TRAFFIC; PARTIES, ARRESTS, CITATIONS, PROCEDURES AND PENALTIES

     
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 and school
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 by mail or in
person and may be by personal check. The traffic citation shall not have been
complied with if a check 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 OffenseStatuteFine

Refusal to submit to a preliminary breath test8-1012 $90

Unsafe speed for prevailing conditions8-1557 $60

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,
$30

11-20 mph over the limit,
$30 plus $6 per mph over
10 mph over the limit;

21-30 mph over the limit,
$90 plus $9 per mph over
20 mph over the limit;

31 and more mph over
the limit, $180 plus $15 per
mph over 30 mph over
the limit;

Disobeying traffic control device8-1507 $60

Violating traffic control signal8-1508 $60


Violating pedestrian control
signal8-1509 $30

Violating flashing traffic
signals8-1510 $60

Violating lane-control
signal8-1511 $60

Unauthorized sign, signal, marking or
device8-1512 $30

Driving on left side of
roadway8-1514 $60

Failure to keep right to pass oncoming
vehicle8-1515 $60

Improper passing; increasing speed when
passed8-1516 $60

Improper passing on right8-1517 $60

Passing on left with insufficient
clearance8-1518 $60

Driving on left side where curve, grade,
intersection railroad crossing,
or
obstructed view8-1519 $60

Driving on left in no-passing
zone8-1520 $60

Unlawful passing of stopped emergency
vehicle8-1520a $60

Driving wrong direction on one-way
road8-1521 $60

Improper driving on laned
roadway8-1522 $60

Following too close8-1523 $60

Improper crossover on divided
highway8-1524 $30

Failure to yield right-of-way at uncontrolled
intersection8-1526 $60

Failure to yield to approaching vehicle when turning
left8-1527 $60

Failure to yield at stop or yield
sign8-1528 $60

Failure to yield from private road or
driveway8-1529 $60

Failure to yield to emergency
vehicle8-1530 $180

Failure to yield to pedestrian or vehicle working on
roadway8-1531 $90

Failure to comply with restrictions in road construction
zone8-1531a $30

Disobeying pedestrian traffic control
device8-1532 $30

Failure to yield to pedestrian in crosswalk; pedestrian suddenly entering
roadway; passing vehicle stopped for pedestrian at
crosswalk8-1533 $60

Improper pedestrian
crossing8-1534 $30

Failure to exercise due care in regard to
pedestrian8-1535 $30

Improper pedestrian movement in
crosswalk8-1536 $30

Improper use of roadway by
pedestrian8-1537 $30

Soliciting ride or business on
roadway8-1538 $30

Driving through safety
zone8-1539 $30

Failure to yield to pedestrian on
sidewalk8-1540 $30

Failure of pedestrian to yield to emergency
vehicle8-1541 $30

Failure to yield to blind
pedestrian8-1542 $30

Pedestrian disobeying bridge or railroad
signal8-1544 $30

Improper turn or approach8-1545 $60

Improper "U" turn8-1546 $60

Unsafe starting of stopped
vehicle8-1547 $30

Unsafe turning or stopping, failure to give proper
signal; using turn
signal
unlawfully8-1548 $60

Improper method of giving notice of intention to
turn8-1549 $30

Improper hand signal8-1550 $30

Failure to stop or obey railroad crossing
signal8-1551 $180

Failure to stop at railroad crossing stop
sign8-1552 $120

Certain hazardous vehicles failure to stop at
railroad crossing8-1553
$180

Improper moving of heavy equipment at railroad
crossing8-1554 $60

Vehicle emerging from alley, private roadway, building or
driveway8-1555 $60

Improper passing of school bus; improper use of school bus
signals8-1556 $300

Improper passing of church or day-care bus; improper use of
signals8-1556a $180

Impeding normal traffic by slow
speed8-1561 $30

Speeding on motor-driven
cycle8-1562 $60

Speeding in certain vehicles or on posted
bridge8-1563 $30

Improper stopping, standing or parking on
roadway8-1569 $30

Parking, standing or stopping in prohibited
area8-1571 $30

Improper parking8-1572 $30

Unattended vehicle8-1573 $30

Improper backing8-1574 $30

Driving on sidewalk8-1575 $30

Driving with view or driving mechanism
obstructed8-1576 $30

Unsafe opening of vehicle door8-1577 $30

Riding in house trailer8-1578 $30

Improper driving in defiles, canyons, or
on grades8-1579 $30

Coasting8-1580 $30

Following fire apparatus too
closely8-1581 $60

Driving over fire hose8-1582 $30

Putting glass, etc., on highway8-1583 $90

Driving into intersection, crosswalk,
or crossing without sufficient
space on
other side8-1584 $30

Improper operation of snowmobile on
highway8-1585 $30

Parental responsibility of child riding
bicycle8-1586 $30

Not riding on bicycle seat; too many persons on
bicycle8-1588 $30

Clinging to other vehicle8-1589 $30

Improper riding of bicycle on
roadway8-1590 $30

Carrying articles on bicycle; one hand on
handlebars8-1591 $30

Improper bicycle lamps, brakes or
reflectors8-1592 $30

Improper operation of motorcycle; seats;
passengers, bundles8-1594 $30

Improper operation of motorcycle on laned
roadway8-1595 $60

Motorcycle clinging to other
vehicle8-1596 $30

Improper motorcycle handlebars or passenger
equipment8-1597 $60

Motorcycle helmet and eye-protection
requirements8-1598 $30

Unlawful riding on vehicle8-1578a $60

Unlawful operation of all-terrain vehicle
8-15,100
$60

Unlawful operation of low-speed
vehicle8-15,101 $60

Littering8-15,102 $100

Disobeying school crossing
guard8-15,103 $60

Unlawful operation of micro utility truck
8-15,106 $60

Failure to remove vehicles in
accidents8-15,107 $60

Unlawful operation of
golf cart8-15,108 $60

Unlawful operation of work-site
utility vehicle8-15,109 $60

Equipment offenses that are not
misdemeanors8-1701 $60

Driving without lights when
needed8-1703 $30

Defective headlamps8-1705 $30

Defective tail lamps8-1706 $30

Defective reflector8-1707 $30

Improper stop lamp or turn
signal8-1708 $30

Improper lighting equipment on certain
vehicles8-1710 $30

Improper lamp color on certain
vehicles8-1711 $30

Improper mounting of reflectors and lamps on certain
vehicles8-1712 $30

Improper visibility of reflectors and lamps on certain
vehicles8-1713 $30

No lamp or flag on projecting
load8-1715 $60

Improper lamps on parked
vehicle8-1716 $30

Improper lights, lamps, reflectors and
emblems on farm tractors or
slow-moving
vehicles8-1717 $30

Improper lamps and equipment on implements of
husbandry, road machinery
or animal-drawn vehicles8-1718 $30

Unlawful use of spot, fog, or auxiliary
lamp8-1719 $30

Improper lamps or lights on emergency
vehicle8-1720 $30

Improper stop or turn
signal8-1721 $30

Improper vehicular hazard warning
lamp8-1722 $30

Unauthorized additional lighting
equipment8-1723 $30

Improper multiple-beam
lights8-1724 $30

Failure to dim headlights8-1725 $60

Improper single-beam
headlights8-1726 $30

Improper speed with alternate
lighting8-1727 $30

Improper number of driving
lamps8-1728 $30

Unauthorized lights and
signals8-1729 $30

Improper school bus lighting equipment and warning
devices8-1730 $30

Unauthorized lights and devices on church or day-care
bus8-1730a $30

Improper lights on highway construction or maintenance
vehicles8-1731 $30

Defective brakes8-1734 $30

Defective or improper use of horn or
warning device8-1738 $30

Defective muffler8-1739 $30

Defective mirror8-1740 $30

Defective wipers; obstructed windshield or
windows8-1741 $30

Improper tires8-1742 $30

Improper flares or warning
devices8-1744 $30

Improper use of vehicular hazard warning lamps and
devices8-1745 $30

Improper air-conditioning
equipment8-1747 $30

Improper safety belt or shoulder
harness8-1749 $30

Improper wide-based single
tires8-1742b $60

Improper compression release engine
braking system 8-1761 $60

Defective motorcycle
headlamp8-1801 $30

Defective motorcycle tail
lamp8-1802 $30

Defective motorcycle reflector8-1803 $30

Defective motorcycle stop lamps and turn
signals8-1804 $30

Defective multiple-beam
lighting8-1805 $30

Improper road-lighting equipment on motor-driven
cycles8-1806 $30

Defective motorcycle or motor-driven cycle
brakes8-1807 $30

Improper performance ability of
brakes8-1808 $30

Operating motorcycle with disapproved braking
system8-1809 $30

Defective horn, muffler, mirrors or
tires8-1810 $30

Unlawful statehouse
parking75-4510a $15

Exceeding gross weight of vehicle or combination

8-1909

Pounds
Overweight

up to 1000.................$25

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.................$25

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
certification66-1324 $272

Insufficient liability insurance for motor carriers66-1,128 or
66-1314 $122


Failure to obtain interstate motor fuel tax authorization79-34,122 $122

No authority as private or common carrier66-1,111 $122

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
thereto66-1,129 $100



     
(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 1 1/2 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 subsection (a)(4) of K.S.A. 8-1560, and amendments thereto.

     
History:   L. 1984, ch. 39, § 1;
L. 1986, ch. 40, § 6;
L. 1986, ch. 84, § 2;
L. 1986, ch. 41, § 2;
L. 1987, ch. 48, § 4;
L. 1992, ch. 317, § 6;
L. 1993, ch. 125, § 2;
L. 1994, ch. 220, § 10;
L. 1995, ch. 42, § 1;
L. 1996, ch. 15, § 9;
L. 1996, ch. 220, § 8;
L. 1997, ch. 133, § 5;
L. 2000, ch. 179, § 24;
L. 2001, ch. 184, § 1;
L. 2004, ch. 114, § 5;
L. 2004, ch. 163, § 2;
L. 2006, ch. 133, § 3;
L. 2007, ch. 140, § 9;
L. 2008, ch. 167, § 8;
L. 2009, ch. 6, § 4; L. 2009, ch. 119, § 8; July 1.