Kan. Stat. § 8-2118

Current through 2024 Session Acts Chapter 5

Section 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; escalating fines for unlawful passing of a school bus

(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 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	1-10 mph over the limit, $45
	8-1560a or 8-1560b	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 oneway 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 road 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	8-15,110	$60
Unlawful text messaging	8-15,111	$60
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 head lights	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 daycare 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 of K.S.A. 66-1,130 (b)(2), and amendments thereto	66-1,129	$115

(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 2¹/₂ 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 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.

K.S.A. 8-2118

Amended by L. 2021, ch. 113,§ 2, eff. 7/1/2021.

Amended by L. 2021, ch. 71,§ 6, eff. 7/1/2021.

Amended by L. 2019, ch. 61,§ 12, eff. 7/1/2019.

Amended by L. 2019, ch. 13,§ 3, eff. 4/18/2019.

Amended by L. 2018, ch. 72,§ 2, eff. 7/1/2018.

Amended by L. 2011, ch. 91,§ 4, eff. 7/1/2011.

Amended by L. 2010, ch. 151,§ 6, eff. 7/1/2010.

Amended by L. 2010, ch. 145,§ 1, eff. 7/1/2010.

Amended by L. 2010, ch. 70,§ 1, eff. 7/1/2010.

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.

Revisor's Note:

Section was amended by L. 2021, ch. 71, § 6, but that version was repealed by L. 2021, ch. 113, § 9.