Shown verbatim: the complete text as captured from the official page posted by the Kansas Legislature, fetched 2026-08-29. This is the enrolled version. The official bill page.
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: (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. (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. 1Description of Offense Statute Fine 2Unsafe speed for prevailing 8-1557 $75 3 conditions 4Exceeding maximum speed 8-1558 1-10 mph over the 5 limit; or speeding in zone to limit, $45 6 posted by the state depart- 8-1560 7 ment of transportation; or 8-1560a 11-20 mph over the 8 speeding in locally posted or limit, $45 plus $6 9 zone 8-1560b per mph over 10 10 mph over the limit; 11 21-30 mph over the 12 limit, $105 plus $9 13 per mph over 20 14 mph over the limit; 15 31 and more mph 16 over the limit, $195 17 plus $15 per mph 18 over 30 mph over 19 the limit; 20Disobeying traffic control de- 8-1507 $75 21 vice 22Violating traffic control signal 8-1508 $75 23Violating pedestrian control 8-1509 $45 24 signal 25Violating flashing traffic signals 8-1510 $75 26Violating lane-control signal 8-1511 $75 27Unauthorized sign, signal, 8-1512 $45 28 marking or device 29Driving on left side of roadway 8-1514 $75 30Failure to keep right to pass 8-1515 $75 1 oncoming vehicle 2Improper passing; increasing 8-1516 $75 3 speed when passed 4Improper passing on right 8-1517 $75 5Passing on left with insuffi- 8-1518 $75 6 cient clearance 7Driving on left side where 8-1519 $75 8 curve, grade, intersec- 9 tion railroad crossing, or 10 obstructed view 11Driving on left in no-passing 8-1520 $75 12 zone 13Unlawful passing of stopped 8-1520a $75 14 emergency vehicle 15Driving wrong direction on 8-1521 $75 16 one-way road 17Improper driving on laned 8-1522 $75 18 roadway 19Following too close 8-1523 $75 20Improper crossover on di- 8-1524 $45 21 vided highway 22Failure to yield right-of-way 8-1526 $75 23 at uncontrolled intersection 24Failure to yield to approach- 8-1527 $75 25 ing vehicle when turning 26 left 27Failure to yield at stop or 8-1528 $75 28 yield sign 29Failure to yield from private 8-1529 $75 30 road or driveway 31Failure to yield to emergency 8-1530 $195 32 vehicle 33Failure to yield to pedestrian 8-1531 $105 34 or vehicle working on 35 roadway 36Failure to comply with re- 8-1531a $45 37 strictions in road con- 38 struction zone 39Disobeying pedestrian traffic 8-1532 $45 40 control device 41Failure to yield to pedestrian 8-1533 $75 42 in crosswalk; pedestrian 43 suddenly entering road- 44 way; passing vehicle 45 stopped for pedestrian at 46 crosswalk 47Improper pedestrian crossing 8-1534 $45 48Failure to exercise due care in 8-1535 $45 49 regard to pedestrian 50Improper pedestrian move- 8-1536 $45 51 ment in crosswalk 52Improper use of roadway by 8-1537 $45 53 pedestrian 54Soliciting ride or business 8-1538 $45 55 on roadway 56Driving through safety zone 8-1539 $45 57Failure to yield to pedestrian 8-1540 $45 58 on sidewalk 59Failure of pedestrian to yield 8-1541 $45 1 to emergency vehicle 2Failure to yield to blind pe- 8-1542 $45 3 destrian 4Pedestrian disobeying bridge 8-1544 $45 5 or railroad signal 6Improper turn or approach 8-1545 $75 7Improper "U" turn 8-1546 $75 8Unsafe starting of stopped 8-1547 $45 9 vehicle 10Unsafe turning or stopping, 8-1548 $75 11 failure to give proper sig- 12 nal; using turn signal un- 13 lawfully 14Improper method of giving 8-1549 $45 15 notice of intention to turn 16Improper hand signal 8-1550 $45 17Failure to stop or obey 8-1551 $195 18 road crossing signal 19Failure to stop at railroad 8-1552 $135 20 crossing stop sign 21Certain hazardous vehicles 8-1553 $195 22 failure to stop at railroad 23 crossing 24Improper moving of heavy 8-1554 $75 25 equipment at railroad 26 crossing 27Vehicle emerging from alley, 8-1555 $75 28 private roadway, building 29 or driveway 30Improper passing of school 8-1556 $315 31 bus; improper use of 32 school bus signals 33Improper passing of church 8-1556a $195 34 or day-care bus; improper 35 use of signals 36Impeding normal traffic 8-1561 $45 37 by slow speed 38Speeding on motor-driven 8-1562 $75 39 cycle 40Speeding in certain vehicles 8-1563 $45 41 or on posted bridge 42Improper stopping, standing 8-1569 $45 43 or parking on roadway 44Parking, standing or stopping 8-1571 $45 45 in prohibited area 46Improper parking 8-1572 $45 47Unattended vehicle 8-1573 $45 48Improper backing 8-1574 $45 49Driving on sidewalk 8-1575 $45 50Driving with view or driving 8-1576 $45 51 mechanism obstructed 52Unsafe opening of vehicle 8-1577 $45 53 door 54Riding in house trailer 8-1578 $45 55Unlawful riding on vehicle 8-1578a $75 56Improper driving in defiles, 8-1579 $45 57 canyons, or on grades 58Coasting 8-1580 $45 59Following fire apparatus too 8-1581 $75 1 closely 2Driving over fire hose 8-1582 $45 3Putting glass, etc., on high- 8-1583 $105 4 way 5Driving into intersection, 8-1584 $45 6 crosswalk, or crossing 7 without sufficient space 8 on other side 9Improper operation of snow- 8-1585 $45 10 mobile on highway 11Parental responsibility of 8-1586 $45 12 child riding bicycle 13Not riding on bicycle seat; 8-1588 $45 14 too many persons on 15 bicycle 16Clinging to other vehicle 8-1589 $45 17Improper riding of bicycle on 8-1590 $45 18 roadway 19Carrying articles on bicycle; 8-1591 $45 20 one hand on handlebars 21Improper bicycle lamps, 8-1592 $45 22 brakes or reflectors 23Improper operation of mo- 8-1594 $45 24 torcycle; seats; passen- 25 gers, bundles 26Improper operation of motor 8-1595 $75 27 cycle on laned roadway 28Motorcycle clinging to other 8-1596 $45 29 vehicle 30Improper motorcycle handle- 8-1597 $75 31 bars or passenger 32 equipment 33Motorcycle helmet and eye- 8-1598 $45 34 protection requirements 35Unlawful operation of all-ter- 8-15,100 $75 36 rain vehicle 37Unlawful operation of 8-15,101 $75 38 low-speed vehicle 39Littering 8-15,102 $115 40Disobeying school crossing 8-15,103 $75 41 guard 42Unlawful operation of micro 8-15,106 $75 43 utility truck 44Failure to remove vehicles in 8-15,107 $75 45 accidents 46Unlawful operation of golf 8-15,108 $75 47 cart 48Unlawful operation of work- 8-15,109 $75 49 site utility vehicle 50Unlawful display of license 8-15,110 $60 51 plate 52Unlawful text messaging 8-15,111 $60 53Unlawful passing of a waste 8-15,112 $45 54 collection vehicle 55Unlawful operation of 8-15,113 $45 56 electric-assisted scooter 57Unlawful passing of a utility or 8-15,114 $105 58 telecommunications vehicle 59Unlawful passing of a 8-15,116 $75 1 stationary vehicle 2Unlawful use of mobile telephone section 1 $60 3Equipment offenses that are 8-1701 $75 4 not misdemeanors 5Driving without lights when 8-1703 $45 6 needed 7Defective headlamps 8-1705 $45 8Defective tail lamps 8-1706 $45 9Defective reflector 8-1707 $45 10Improper stop lamp or turn 8-1708 $45 11 signal 12Improper lighting equipment 8-1710 $45 13 on certain vehicles 14Improper lamp color on cer- 8-1711 $45 15 tain vehicles 16Improper mounting of re- 8-1712 $45 17 flectors and lamps on cer- 18 tain vehicles 19Improper visibility of reflec- 8-1713 $45 20 tors and lamps on certain 21 vehicles 22No lamp or flag on projecting 8-1715 $75 23 load 24Improper lamps on parked 8-1716 $45 25 vehicle 26Improper lights, lamps, re- 8-1717 $45 27 flectors and emblems on 28 farm tractors or slow- 29 moving vehicles 30Improper lamps and equip- 8-1718 $45 31 ment on implements of 32 husbandry, road machin- 33 ery or animal-drawn ve- 34 hicles 35Unlawful use of spot, fog, or 8-1719 $45 36 auxiliary lamp 37Improper lamps or lights on 8-1720 $45 38 emergency vehicle 39Improper stop or turn signal 8-1721 $45 40Improper vehicular hazard 8-1722 $45 41 warning lamp 42Unauthorized additional 8-1723 $45 43 lighting equipment 44Improper multiple-beam lights 8-1724 $45 45Failure to dim headlights 8-1725 $75 46Improper single-beam head- 8-1726 $45 47 lights 48Improper speed with alter- 8-1727 $45 49 nate lighting 50Improper number of driving 8-1728 $45 51 lamps 52Unauthorized lights and sig- 8-1729 $45 53 nals 54Improper school bus lighting 8-1730 $45 55 equipment and warning 56 devices 57Unauthorized lights and de- 8-1730a $45 58 vices on church or day- 59 care bus 1Improper lights on highway 8-1731 $45 2 construction or maintenance 3 vehicles 4Defective brakes 8-1734 $45 5Defective or improper use of 8-1738 $45 6 horn or warning device 7Defective muffler 8-1739 $45 8Defective mirror 8-1740 $45 9Defective wipers; obstructed 8-1741 $45 10 windshield or windows 11Improper tires 8-1742 $45 12Improper flares or warning 8-1744 $45 13 devices 14Improper use of vehicular 8-1745 $45 15 hazard warning lamps 16 and devices 17Improper air-conditioning 8-1747 $45 18 equipment 19Improper safety belt or 8-1749 $45 20 shoulder harness 21Improper wide-based single 8-1742b $75 22 tires 23Improper compression re- 8-1761 $75 24 lease engine braking sys- 25 tem 26Defective motorcycle head- 8-1801 $45 27 lamp 28Defective motorcycle tail 8-1802 $45 29 lamp 30Defective motorcycle reflec- 8-1803 $45 31 tor 32Defective motorcycle stop 8-1804 $45 33 lamps and turn signals 34Defective multiple-beam 8-1805 $45 35 lighting 36Improper road-lighting equip- 8-1806 $45 37 ment on motor-driven cy- 38 cles 39Defective motorcycle or mo- 8-1807 $45 40 tor-driven cycle brakes 41Improper performance abil- 8-1808 $45 42 ity of brakes 43Operating motorcycle with 8-1809 $45 44 disapproved braking sys- 45 tem 46Defective horn, muffler, mir- 8-1810 $45 47 rors or tires 48Unlawful statehouse parking 75-4510a $30 49Exceeding gross weight of 8-1909 Pounds Overweight 50 vehicle or combination up to 1000 $40 51 1001 to 2000 3¢ 52 per pound 53 2001 to 5000 5¢ 54 per pound 55 5001 to 7500 7¢ 56 per pound 57 7501 and over 10¢ 58 per pound 59Exceeding gross weight on 8-1908 Pounds Overweight 1 any axle or tandem, up to 1000 $40 2 triple or quad axles 1001 to 2000 3¢ 3 per pound 4 2001 to 5000 5¢ 5 per pound 6 5001 to 7500 7¢ 7 per pound 8 7501 and over 10¢ 9 per pound 10Failure to obtain proper re- 66-1324 $287 11 gistration, clearance or 12 to have current cer- 13 tification 14Insufficient liability insur- 66-1,128 $137 15 ance for motor carriers or 66-1314 16Failure to obtain interstate 79-34,122 $137 17 motor fuel tax author- 18 ization 19No authority as private or 66-1,111 $137 20 common carrier 21Violation of motor carrier 66-1,129 $115 22 safety rules and regula- 23 tions, except for viola- 24 tions specified in K.S.A. 25 66-1,130(b)(2), and 26 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 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.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 theSenate, and passed that body__________________________Senate concurred inHouse 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.
Every fact on this page links to its source, starting with the official bill record.