CHAPTER 37
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.
| 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 8-1560a or 8-1560b |
1-10 mph over the limit, $45 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 one-way 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 worksite 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 |
| Unlawful passing of a stationary vehicle | 8-15,116 | $75 |
| Unlawful use of mobile telephone | section 1 | $60 |
| 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 headlights | 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 |
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| Exceeding gross weight on any axle or tandem, triple or quad axles | 8-1908 | Pounds Overweight |
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| 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 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.
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.
Approved April 3, 2026.
