An Act relating to motor vehicles; concerning the regulation thereof; amending K.S.A. 8- 197 and K.S.A. 1995 Supp. 8-126, 8-128, 8-198, 8-1486 and 8-2118, as amended by section 9 of 1996 House Bill No. 2602 and section 3 of 1996 House Bill No. 2602 and section 4 of 1996 House Bill No. 2602 and repealing the existing sections; also repealing K.S.A. 1995 Supp. 8-2118, as amended by section 1 of 1996 Senate Bill No. 542.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. ``All-terrain vehicle'' means any motorized nonhigh- way vehicle 45 inches or less in width, having a dry weight of 650 pounds or less, traveling on three or more low-pressure tires, having a seat de- signed to be straddled by the operator. As used in this section, ``low- pressure tire'' means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 12 inches or less and utilizing an operating pressure of 10 pounds per square inch or less as recommended by the vehicle manufacturer.

New Sec. 2. (a) Except as provided in subsection (b), it shall be un- lawful for any person to operate an all-terrain vehicle: (1) On any inter- state highway, federal highway or state highway; or (2) within the cor- porate limits of a city of the first class.

(b) Notwithstanding the provisions of subsection (a), all-terrain ve- hicles owned and operated by a county noxious weed department, or all- terrain vehicles owned and operated by persons contracting with a county noxious weed department or the Kansas department of transportation may be allowed to operate such all-terrain vehicles upon the right-of-way of any federal highway or state highway for the purpose of eradicating noxious weeds and such all-terrain vehicles may be operated incidentally upon such federal highway or state highway.

(c) No all-terrain vehicle shall be operated on any public highway, street or road between sunset and sunrise unless equipped with lights as required by law for motorcycles.

(d) This section shall be part of and supplemental to the uniform act regulating traffic on highways.

Sec. 3. K.S.A. 1995 Supp. 8-126 is hereby amended to read as fol- lows: 8-126. The following words and phrases when used in this act shall have the meanings respectively ascribed to them herein:

(a) ``Vehicle.'' Every device in, upon or by which any person or prop- erty is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(b) ``Motor vehicle.'' Every vehicle, other than a motorized bicycle or a motorized wheelchair, which is self-propelled.

(c) ``Truck.'' A motor vehicle which is used for the transportation or delivery of freight and merchandise or more than 10 passengers.

(d) ``Motorcycle.'' Every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term ``tractor'' as herein defined.

(e) ``Truck tractor.'' Every motor vehicle designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle or load so drawn.

(f) ``Farm tractor.'' Every motor vehicle designed and used as a farm implement power unit operated with or without other attached farm im- plements in any manner consistent with the structural design of such power unit.

(g) ``Road tractor.'' Every motor vehicle designed and used for draw- ing other vehicles, and not so constructed as to carry any load thereon independently, or any part of the weight of a vehicle or load so drawn.

(h) ``Trailer.'' Every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

(i) ``Semitrailer.'' Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.

(j) ``Pole trailer.'' Any two-wheel vehicle used as a trailer with bolsters that support the load, and do not have a rack or body extending to the tractor drawing the load.

(k) ``Specially constructed vehicle.'' Any vehicle which shall not have been originally constructed under a distinctive name, make, model or type, or which, if originally otherwise constructed shall have been mate- rially altered by the removal of essential parts, or by the addition or sub- stitution of essential parts, new or used, derived from other vehicles or makes of vehicles.

(l) ``Foreign vehicle.'' Every motor vehicle, trailer or semitrailer which shall be brought into this state otherwise than in ordinary course of business by or through a manufacturer or dealer and which has not been registered in this state.

(m) ``Person.'' Every natural person, firm, partnership, association or corporation.

(n) ``Owner.'' A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or in the event a vehicle is subject to a lease of 30 days or more with an immediate right of possession vested in the lessee; or in the event a party having a security interest in a vehicle is entitled to possession, then such conditional vendee or lessee or secured party shall be deemed the owner for the purpose of this act.

(o) ``Nonresident.'' Every person who is not a resident of this state.

(p) ``Manufacturer.'' Every person engaged in the business of man- ufacturing motor vehicles, trailers or semitrailers.

(q) ``New vehicle dealer.'' Every person actively engaged in the busi- ness of buying, selling or exchanging new motor vehicles, travel trailers, trailers or vehicles and who holds a dealer's contract therefor from a manufacturer or distributor and who has an established place of business in this state.

(r) ``Used vehicle dealer.'' Every person actively engaged in the busi- ness of buying, selling or exchanging used vehicles, and having an estab- lished place of business in this state and who does not hold a dealer's contract for the sale of new motor vehicles, travel trailers, trailers or vehicles.

(s) ``Highway.'' Every way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel. The term ``highway'' shall not be deemed to include a roadway or drive- way upon grounds owned by private owners, colleges, universities or other institutions.

(t) ``Department'' or ``motor vehicle department'' or ``vehicle depart- ment.'' The division of vehicles of the department of revenue, acting directly or through its duly authorized officers and agents.

(u) ``Commission'' or ``state highway commission.'' The director of vehicles of the department of revenue.

(v) ``Division.'' The division of vehicles of the department of revenue.

(w) ``Travel trailer.'' Every vehicle without motive power designed to be towed by a motor vehicle constructed primarily for recreational pur- poses and measuring eight feet or less in width.

(x) ``Passenger vehicle.'' Every motor vehicle, as herein defined, which is designed primarily to carry 10 or fewer passengers, and which is not used as a truck.

(y) ``Self-propelled farm implement.'' Every farm implement de- signed for specific use applications with its motive power unit perma- nently incorporated in its structural design.

(z) ``Farm trailer.'' Every trailer as defined in subsection (h) of this section and every semitrailer as defined in subsection (i) of this section, designed and used primarily as a farm vehicle.

(aa) ``Motorized bicycle.'' Every device having two tandem wheels or three wheels, which may be propelled by either human power or helper motor, or by both, and which has: A motor which produces not more than 3.5 brake horsepower; a cylinder capacity of not more than 50 cubic cen- timeters; an automatic transmission; and the capability of a maximum design speed of no more than 30 miles per hour.

(bb) ``All-terrain vehicle.'' Any motorized off-highway nonhighway vehicle 45 inches or less in width, having a dry weight of 500 650 pounds or less, traveling on three or more low-pressure tires, and having a seat designed to be straddled by the operator. As used in this subsection, low- pressure tire means any pneumatic tire six inches or more in width, de- signed for use on wheels with rim diameter of 12 inches or less, and utilizing an operating pressure of 10 pounds per square inch or less as recommended by the vehicle manufacturer.

(cc) ``Implement of husbandry'' means every vehicle designed or adapted and used exclusively for agricultural operations, including feed- lots, and only incidentally moved or operated upon the highways. Such term shall include, but not be limited to:

(1) A farm tractor;

(2) a self-propelled farm implement;

(3) a fertilizer spreader, nurse tank or truck permanently mounted with a spreader used exclusively for dispensing or spreading water, dust or liquid fertilizers or agricultural chemicals, as defined in K.S.A. 2-2202, and amendments thereto, regardless of ownership;

(4) a truck mounted with a fertilizer spreader used or manufactured principally to spread animal dung;

(5) a mixer-feed truck owned and used by a feedlot, as defined in K.S.A. 47-1501, and amendments thereto, and specially designed and used exclusively for dispensing food to livestock in such feedlot.

(dd) ``Motorized wheelchair.'' Any self-propelled vehicle designed specifically for use by a physically disabled person that is incapable of a speed in excess of 15 miles per hour.

Sec. 4. K.S.A. 1995 Supp. 8-128 is hereby amended to read as fol- lows: 8-128. (a) The following need not be registered under this act:

(1) Implement of husbandry;

(2) all-terrain vehicles when used for agricultural purposes;

(3) road rollers and road machinery temporarily operated or moved upon the highways;

(4) municipally owned fire trucks;

(5) privately owned fire trucks subject to a mutual aid agreement with a municipality; or

(6) school buses owned and operated by a school district or a non- public school which have the name of the municipality, school district or nonpublic school plainly painted thereon.

Notwithstanding the other provisions of this subsection (a), no all-ter- rain vehicle shall be operated on any interstate highway, federal highway or state highway for agricultural purposes or any other purpose, except that all-terrain vehicles owned and operated by a county noxious weed department, or all-terrain vehicles owned and operated by persons con- tracting with a county noxious weed department or with the Kansas de- partment of transportation may be allowed to operate such all-terrain vehicles upon the right-of-way of any federal highway or state highway for the purpose of eradicating noxious weeds, and such all-terrain vehicles may be moved or operated incidentally upon such federal highway or state highway. No all-terrain vehicle may be operated within the limits of any first class city. No all-terrain vehicle shall be operated on any public highway, street or road between the hours of 1/2 hour after sunset until 1/2 hour before sunrise, unless equipped with lights as is required by law for motorcycles.

(b) Self-propelled cranes and earth moving equipment which are equipped with pneumatic tires may be moved on the highways of this state from one job location to another, or to or from places of storage delivery or repair, without complying with the provisions of the law re- lating to registration and display of license plates but shall comply with all the other requirements of the law relating to motor vehicles and shall not be operated on state maintained roads or highways on Sundays or any legal holidays except Lincoln's birthday, Washington's birthday or Colum- bus day.

Sec. 5. K.S.A. 8-197 is hereby amended to read as follows: 8-197. (a) The provisions of K.S.A. 8-197 to 8-199, inclusive, and amendments thereto, shall be a part of and supplemental to the provisions of article 1 of chapter 8 of the Kansas Statutes Annotated, and as used in said such sections, the words and phrases defined by K.S.A. 8-126, and amendments thereto, shall have the meanings respectively ascribed to them therein.

(b) As used in this act, the term ``nonhighway vehicle'' shall mean any motor vehicle means:

(1) Which Any motor vehicle which is of a type required to be reg- istered in this state, but which cannot be registered because it is not manufactured for the purpose of using the same on the highways of this state and is not provided with the equipment required by state statute for vehicles of such type which are used on the highways of this state; or

(2) any motor vehicle which is of a type required to be registered in this state, but which cannot be registered because it has been wrecked or damaged to the extent that: The equipment required by state statute on any such vehicle used on the highways of this state is not present or is not in good condition or proper adjustment, as prescribed by state statute or any rules and regulations adopted pursuant thereto, or such vehicle is in an inoperable condition or a condition that would render the operation thereof on the highways of this state a hazard to the public safety; and in either event, such vehicle either will be destroyed, disman- tled or sold as junk or substantial repairs will be required to rebuild or restore such vehicle to a condition which will permit the registration thereof. ; or

(3) any all-terrain vehicle.

Sec. 6. K.S.A. 1995 Supp. 8-198 is hereby amended to read as fol- lows: 8-198. (a) A nonhighway vehicle shall not be required to be regis- tered in this state, as provided in K.S.A. 8-135, and amendments thereto, but nothing in this section shall be construed as abrogating, limiting or otherwise affecting the provisions of K.S.A. 8-142, and amendments thereto, which make it unlawful for any person to operate or knowingly permit the operation in this state of a vehicle required to be registered in this state.

(b) Upon the sale or transfer of any nonhighway vehicle, the pur- chaser thereof shall obtain a nonhighway certificate of title in the follow- ing manner:

(1) If the transferor is a vehicle dealer, as defined in K.S.A. 8-2401, and amendments thereto, and a certificate of title has not been issued for such vehicle under this section or under the provisions of K.S.A. 8-135, and amendments thereto, such transferor shall make application for and assign a nonhighway certificate of title to the purchaser of such nonhigh- way vehicle in the same manner and under the same conditions pre- scribed by K.S.A. 8-135, and amendments thereto, for the application for and assignment of a certificate of title thereunder. Upon the assignment thereof, the purchaser shall make application for a new nonhighway cer- tificate of title, as provided in subsection (c).

(2) Except as provided in subsection (b) of K.S.A. 8-199, and amend- ments thereto, if a certificate of title has been issued for any such vehicle under the provisions of K.S.A. 8-135, and amendments thereto, the owner of such nonhighway vehicle may surrender such certificate of title to the division of vehicles and make application to the division for a nonhighway certificate of title, or the owner may obtain from the county treasurer's office a form prescribed by the division of vehicles and, upon proper execution thereof, may assign the nonhighway certificate of title or the regular certificate of title with such form attached to the purchaser of the nonhighway vehicle. Upon receipt of the nonhighway certificate of title or the regular certificate of title with such form attached, the purchaser shall make application for a new nonhighway certificate of title as pro- vided in subsection (c).

(3) If the transferor is not a vehicle dealer, as defined in K.S.A. 8- 2401, and amendments thereto, and a certificate of title has not been issued for the vehicle under this section or a certificate of title was not required under K.S.A. 8-135, and amendments thereto, the transferor shall make application to the division for a nonhighway certificate of title as provided in this section, except that in addition thereto, the division shall require a bill of sale or such transferor's affidavit, with at least one other corroborating affidavit, that such transferor is the owner of such nonhighway vehicle. If the division is satisfied that the transferor is the owner, the division shall issue a nonhighway certificate of title for such vehicle, and the transferor shall assign the same to the purchaser, who shall make application for a new nonhighway certificate of title, as pro- vided in subsection (c).

(c) Every purchaser of a nonhighway vehicle, whether assigned a non- highway certificate of title or a regular certificate of title with the form specified in paragraph (2) of subsection (b) attached, shall make appli- cation to the county treasurer of the county in which such person resides for a new nonhighway certificate of title in the same manner and under the same conditions as for an application for a certificate of title under K.S.A. 8-135, and amendments thereto. Such application shall be in the form prescribed by the director of vehicles and shall contain substantially the same provisions as required for an application under subsection (c)(1) of K.S.A. 8-135, and amendments thereto. In addition, such application shall provide a place for the applicant to certify that the vehicle for which the application for a nonhighway certificate of title is made is a nonhigh- way vehicle, and other provisions the director deems necessary. Each application for a nonhighway certificate of title shall be accompanied by a fee of $7 until July 1, 1996, and $4.50 thereafter, and if the application is not made to the county treasurer within the time prescribed by K.S.A. 8-135, and amendments thereto, for making application for a certificate of title thereunder, an additional fee of $2.

(d) A nonhighway certificate of title shall be in form and color as prescribed by the director of vehicles. A nonhighway certificate of title shall indicate clearly and distinctly on its face that it is issued for a non- highway vehicle. A nonhighway certificate of title shall contain substan- tially the same information as required on a certificate of title issued under K.S.A. 8-135, and amendments thereto, and other information the director deems necessary.

(e) A nonhighway certificate of title may be transferred in the same manner and under the same conditions as prescribed by K.S.A. 8-135, and amendments thereto, for the transfer of a certificate of title, except as otherwise provided in this section. A nonhighway certificate of title may be assigned and transferred only while the vehicle remains a non- highway vehicle. Upon transfer or sale of a nonhighway vehicle which has been rebuilt or restored or is otherwise in a condition which will allow the registration of such vehicle, the owner shall assign the nonhighway certificate of title to the purchaser, and the purchaser shall obtain a cer- tificate of title and register such vehicle as provided in K.S.A. 8-135, and amendments thereto. No regular certificate of title shall be issued for a vehicle for which there has been issued a nonhighway certificate of title until there has been compliance with K.S.A. 8-116a, and amendments thereto.

(f) The owner of a vehicle which has been assembled, reconstructed, reconstituted or restored or otherwise placed in an operable condition may make application to the county treasurer for a permit to operate such vehicle on the highways of this state over the most direct route from the place such nonhighway vehicle is located to a specified location named on the permit and to return to the original location. No such permit shall be issued for any vehicle unless the owner has motor vehicle liability insurance coverage or an approved self-insurance plan under K.S.A. 40- 3104, and amendments thereto. Such permit shall be on a form furnished by the director of vehicles and shall state the date the vehicle is to be taken to the other location, the name of the insurer, as defined in K.S.A. 40-3103, and amendments thereto, and the policy number or a statement that the vehicle is included in a self-insurance plan approved by the com- missioner of insurance, a statement attesting to the correctness of the information concerning financial security, the vehicle identification num- ber and a description of the vehicle. Such permit shall be signed by the owner of the vehicle. Permits issued under this subsection (f) shall be prepared in triplicate. One copy shall be carried in the vehicle for which it is issued and shall be displayed so that it is visible from the rear of the vehicle. The second copy shall be retained by the county treasurer, and the third copy shall be forwarded by the county treasurer to the division of vehicles. The fee for such permit shall be $1 which shall be retained by the county treasurer, who shall annually forward 25% of all such fees collected to the division of vehicles to reimburse the division for admin- istrative expenses, and shall deposit the remainder in a special fund for expenses of issuing such permits.

(g) A nonhighway vehicle for which a nonhighway certificate of title has been issued pursuant to this section shall not be deemed a motor vehicle for the purposes of K.S.A. 40-3101 to 40-3121, inclusive, and amendments thereto, except when such vehicle is being operated pur- suant to subsection (f). Any person who knowingly makes a false state- ment concerning financial security in obtaining a permit pursuant to sub- section (f), or who fails to obtain a permit when required by law to do so is guilty of a class C misdemeanor.

(h) Any person who, on July 1, 1996, is the owner of an all-terrain vehicle, as defined in K.S.A. 8-126, and amendments thereto, shall not be required to file an application for a nonhighway certificate of title under the provisions of this section for such all-terrain vehicle, unless the person transfers an interest in such all-terrain vehicle.

Sec. 7. K.S.A. 1995 Supp. 8-1486 is hereby amended to read as fol- lows: 8-1486. K.S.A. 8-1414a, 8-1459a, and 8-1475a, and amendments thereto, and K.S.A. 1995 Supp. 8-1439c, and amendments thereto, and K.S.A. 1994 Supp. and 8-1458a, and amendments thereto, and section 1 of this act shall be a part of, and supplemental to, the uniform act regu- lating traffic on highways.

Sec. 8. K.S.A. 1995 Supp. 8-2118, as amended by section 9 of 1996 House Bill No. 2602, 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 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 refer- ence only and is not a legal definition.

Description of Offense                         Statute          Fine

Refusal to submit to a preliminary breath test  8-1012           $30

Unsafe speed for prevailing conditions         8-1557           $20

Exceeding maximum speed limit; or speeding in zone posted by the state
     department of transportation; or speeding in locally posted zone 
     8-1558to8-1560  1-10 mph over the limit, $10;


                                                                                
                                                                             11-20
     mph over the limit, $10 plus $2 per mph over 10 mph over the limit;

                                                                                
                                                                             21-30
     mph over the limit, $30 plus $3 per mph over 20 mph over the limit;

                                                                                
                                                                             31 and
     more mph over the limit, $60 plus $5 per mph over 30 mph over the limit;

Disobeying traffic control device              8-1507           $20

Violating traffic control signal               8-1508           $20

Violating pedestrian control signal            8-1509           $10

Violating flashing traffic signals             8-1510           $20

Violating lane-control signal                  8-1511           $20

Unauthorized sign, signal, marking or device   8-1512           $10

Driving on left side of roadway                8-1514           $20

Failure to keep right to pass oncoming vehicle  8-1515           $20

Improper passing; increasing speed when passed  8-1516           $20

Improper passing on right                      8-1517           $20

Passing on left with insufficient clearance    8-1518           $20

Driving on left side where curve, grade, intersection railroad crossing, or
     obstructed view  8-1519           $20

Driving on left in no-passing zone             8-1520           $20

Driving wrong direction on one-way road        8-1521           $20

Improper driving on laned roadway              8-1522           $20

Following too close                            8-1523           $20

Improper crossover on divided highway          8-1524           $10

Failure to yield right-of-way at uncontrolled inter-[chsection  8-1526          
     $20

Failure to yield to approaching vehicle when turning left  8-1527           $20

Failure to yield at stop or yield sign         8-1528           $20

Failure to yield from private road or driveway  8-1529           $20

Failure to yield to emergency vehicle          8-1530           $30

Failure to yield to pedestrian or vehicle working on roadway  8-1531          
     $10

Failure to comply with restrictions in road construction zone  8-1531a         
     $10

Disobeying pedestrian traffic control device   8-1532           $10

Failure to yield to pedestrian in crosswalk; pedestrian suddenly entering
     roadway; passing vehicle stopped for pedestrian at crosswalk  8-1533          
     $20

Improper pedestrian crossing                   8-1534           $10

Failure to exercise due care in regard to pedestrian  8-1535           $10

Improper pedestrian movement in crosswalk      8-1536           $10

Improper use of roadway by pedestrian          8-1537           $10

Soliciting ride or business on roadway         8-1538           $10

Driving through safety zone                    8-1539           $10

Failure to yield to pedestrian on sidewalk     8-1540           $10

Failure of pedestrian to yield to emergency vehicle  8-1541           $10

Failure to yield to blind pedestrian           8-1542           $10

Pedestrian disobeying bridge or railroad signal  8-1544           $10

Improper turn or approach                      8-1545           $20

Improper ``U'' turn                            8-1546           $20

Unsafe starting of stopped vehicle             8-1547           $10

Unsafe turning or stopping, failure to give proper sig-nal; using turn signal
     unlawfully  8-1548           $20

Improper method of giving notice of intention to turn  8-1549           $10

Improper hand signal                           8-1550           $10

Failure to stop or obey railroad crossing signal  8-1551           $30 $60

Failure to stop at railroad crossing stop sign  8-1552           $20 $40

Certain hazardous vehicles failure to stop at railroad crossing  8-1553         
      $30 $60

Improper moving of heavy equipment at railroad crossing  8-1554           $10
     $20

Vehicle emerging from alley, private roadway, building or driveway  8-1555      
         $20

Improper passing of school bus; improper use of school bus signals  8-1556      
         $60

Improper passing of church or day-care bus; improper use of signals  8-1556a    
          $60

Impeding normal traffic by slow speed          8-1561           $10

Speeding on motor-driven cycle                 8-1562           $20

Speeding in certain vehicles or on posted bridge  8-1563           $10

Improper stopping, standing or parking on roadway  8-1569           $10

Parking, standing or stopping in prohibited area  8-1571           $10

Improper parking                               8-1572           $10

Unattended vehicle                             8-1573           $10

Improper backing                               8-1574           $10

Driving on sidewalk                            8-1575           $10

Driving with view or driving mechanism obstructed  8-1576           $10

Unsafe opening of vehicle door                 8-1577           $10

Riding in house trailer                        8-1578           $10

Improper driving in defiles, canyons, or on grades  8-1579           $10

Coasting                                       8-1580           $10

Following fire apparatus too closely           8-1581           $20

Driving over fire hose                         8-1582           $10

Putting glass, etc., on highway                8-1583           $30

Driving into intersection, crosswalk, or crossing without sufficient space on
     other side  8-1584           $10

Improper operation of snowmobile on highway    8-1585           $10

Parental responsibility of child riding bicycle  8-1586           $10

Not riding on bicycle seat; too many persons on bicycle  8-1588           $10

Clinging to other vehicle                      8-1589           $10

Improper riding of bicycle on roadway          8-1590           $10

Carrying articles on bicycle; one hand on handlebars  8-1591           $10

Improper bicycle lamps, brakes or reflectors   8-1592           $10

Improper operation of motorcycle; seats; passengers, bundles  8-1594          
     $10

Improper operation of motorcycle on laned roadway  8-1595           $20

Motorcycle clinging to other vehicle           8-1596           $10

Improper motorcycle handlebars or passenger equip-ment  8-1597           $20

Motorcycle helmet and eye-protection requirements  8-1598           $10

Unlawful riding on vehicle                     8-1578a          $20

Unlawful operation of all-terrain vehicle      section 2of this act  $20

Equipment offenses that are not misdemeanors   8-1701           $20

Driving without lights when needed             8-1703           $20

Defective headlamps                            8-1705           $10

Defective tail lamps                           8-1706           $10

Defective reflector                            8-1707           $10

Improper stop lamp or turn signal              8-1708           $10

Improper lighting equipment on certain vehicles  8-1710           $10

Improper lamp color on certain vehicles        8-1711           $10

Improper mounting of reflectors and lamps on certain vehicles  8-1712          
     $10

Improper visibility of reflectors and lamps on certain vehicles  8-1713         
      $10

No lamp or flag on projecting load             8-1715           $20

Improper lamps on parked vehicle               8-1716           $10

Improper lights, lamps, reflectors and emblems on farm tractors or slow-moving
     vehicles  8-1717           $10

Improper lamps and equipment on implements of hus-bandry, road machinery or
     animal-drawn vehicles  8-1718           $10

Unlawful use of spot, fog, or auxiliary lamp   8-1719           $10

Improper lamps or lights on emergency vehicle  8-1720           $10

Improper stop or turn signal                   8-1721           $10

Improper vehicular hazard warning lamp         8-1722           $10

Unauthorized additional lighting equipment     8-1723           $10

Improper multiple-beam lights                  8-1724           $10

Failure to dim headlights                      8-1725           $20

Improper single-beam headlights                8-1726           $10

Improper speed with alternate lighting         8-1727           $10

Improper number of driving lamps               8-1728           $10

Unauthorized lights and signals                8-1729           $10

Improper school bus lighting equipment and warning devices  8-1730           $10

Unauthorized lights and devices on church or day-care bus  8-1730a          $10

Improper lights on highway construction or mainte-nance vehicles  8-1731        
       $10

Defective brakes                               8-1734           $10

Defective or improper use of horn or warning device  8-1738           $10

Defective muffler                              8-1739           $10

Defective mirror                               8-1740           $10

Defective wipers; obstructed windshield or windows  8-1741           $10

Improper tires                                 8-1742           $10

Improper flares or warning devices             8-1744           $10

Improper use of vehicular hazard warning lamps and devices  8-1745           $10

Improper air-conditioning equipment            8-1747           $10

TV screen visible to driver                    8-1748           $10

Improper safety belt or shoulder harness       8-1749           $10

Improper wide-based single tires               8-1742b          $20

Defective motorcycle headlamp                  8-1801           $10

Defective motorcycle tail lamp                 8-1802           $10

Defective motorcycle reflector                 8-1803           $10

Defective motorcycle stop lamps and turn signals  8-1804           $10

Defective multiple-beam lighting               8-1805           $10

Improper road-lighting equipment on motor-driven cy-cles  8-1806           $10

Defective motorcycle or motor-driven cycle brakes  8-1807           $10

Improper performance ability of brakes         8-1808           $10

Operating motorcycle with disapproved braking system  8-1809           $10

Defective horn, muffler, mirrors or tires      8-1810           $10

Unlawful statehouse parking                    75-4510a         $ 5

(d) Traffic offenses classified as traffic infractions by this section shall be classified as ordinance traffic infractions by those cities adopting or- dinances prohibiting the same offenses. A schedule of fines for all ordi- nance 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 con- tained 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. 1995 Supp. 8- 1458a, and amendments thereto.

Sec. 9. Section 3 of 1996 House Bill No. 2602 is hereby amended to read as follows: (a) Any conviction or forfeiture of bail or bond for ex- ceeding violating the maximum posted speed limit established by para- graph (2) of subsection (a) of K.S.A. 8-1558, and amendments thereto of 70 miles per hour on any highway, by not more than 10 miles per hour, shall not be construed as a moving traffic violation for the purpose of K.S.A. 8-255, and amendments thereto.

(b) Any conviction or forfeiture of bail or bond for exceeding the violating any maximum posted or authorized speed limit established by paragraphs (3) or (4) of subsection (a) of K.S.A. 8-1558, and amendments thereto, or subsection (b) of K.S.A. 8-1560, and amendments thereto of 55 miles per hour or more but not exceeding 65 miles per hour on any highway, by not more than five miles per hour, shall not be construed as a moving traffic violation for the purpose of K.S.A. 8-255, and amend- ments thereto.

Sec. 10. Section 4 of 1996 House Bill No. 2602 is hereby amended to read as follows: (a) Convictions under paragraph (2) of subsection (a) of K.S.A. 8-1558, and amendments thereto, for violating a maximum posted speed limit of 70 miles per hour, by not more than 10 miles per hour in excess of the such maximum speed limit allowed under such paragraph (2) of subsection (a) of K.S.A. 8-1558, and amendments thereto, shall not be a part of the public record and shall not be considered by any insurance company in determining the rate charged for any au- tomobile liability insurance policy or whether to cancel any such policy under the provisions of subsection (4)(c)(7) of K.S.A. 40-277, and amend- ments thereto.

(b) Convictions under paragraphs (3) or (4) of subsection (a) of K.S.A. 8-1558, and amendments thereto, or subsection (b) of K.S.A. 8-1560, and amendments thereto, for violating any maximum posted or authorized speed limit of 55 miles per hour or more but not exceeding 65 miles per hour, by not more than five miles per hour in excess of the such maximum speed limit allowed under such paragraphs (3) or (4) of subsection (a) of K.S.A. 8-1558, and amendments thereto, or subsection (b) of K.S.A. 8- 1560, and amendments thereto, shall not be a part of the public record and shall not be considered by any insurance company in determining the rate charged for any automobile liability insurance policy or whether to cancel any such policy under the provisions of subsection (4)(c)(7) of K.S.A. 40-277, and amendments thereto.

Sec. 11. K.S.A. 8-197 and K.S.A. 1995 Supp. 8-126, 8-128, 8-198, 8- 1486, 8-2118, as amended by section 9 of 1996 House Bill No. 2602 and 8-2118, as amended by section 1 of 1996 Senate Bill No. 542 and section 3 of 1996 House Bill No. 2602 and section 4 of 1996 House Bill No. 2602 are hereby repealed.

Sec./007006/This act shall take effect and be in force from and after its publication in the statute book.

Approved May 11, 1996.