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Minutes for SB8 - Committee on Transportation
Short Title
Requiring drivers to proceed with due caution when passing stationary vehicles displaying hazard warning lights.
Minutes Content for Thu, Jan 23, 2025
The Chair opened the hearing on SB8.
Adam Siebers, Office of the Revisor of Statutes, briefed members on the bill (Attachment 1). He explained the bill requires that when a motor vehicle is stopped with hazard warning lights, road flares, or caution signals, the driver of an approaching motor vehicle shall either change lanes or proceed in the same lane with caution and reduced speed. A fine of $75 would be levied for violators. Mr. Siebers noted a similar bill was passed by the Committee during the 2024 session, but died in conference committee.
The following conferees testified as a proponent for the bill:
Travis Lowe, AAA Kansas, noting that the bill will protect both stranded drivers and other drivers, focused on the vulnerability of a stranded driver and passengers in the vehicle. He cited crash statistics that revealed in the past five years (2018-2023) there were 10 fatalities and 994 empty vehicles struck while on the side of the road; 82 crashes occurred with someone inside the struck vehicle. He referenced the current "slow down and move over" Kansas law that applies to emergency vehicles, tow trucks, utility and maintenance vehicles, but does not apply for disabled vehicles. And he provided specific incidents as background information to support the intent of the bill (Attachment 2).
Mr. Lowe responded to members' questions:
- This is the same same bill that was introduced last year and did not make it through the legislative process.
- Mr. Siebers confirmed that the bill is part of statute K.S.A 8-1424 defining highway as the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
- Regarding the proposed fine, Mr. Siebers explained that the violation would be considered a traffic infraction, not a misdemeanor or felony. He further explained that if a stranded vehicle does not have lights flashing, the bill does not apply.
Captain Candice Breshears, Kansas Highway Patrol (KHP), testified that she can attest to the dangers created by vehicles stranded by the side of the road (Attachment 3). She said that troopers daily are vulnerable when dealing with a stranded vehicle where sometimes inches separate them from passing traffic. She commented that if the bill passes, it will join 25 other states with similar laws, and the bill supports the Drive to Zero mission of the KHP.
Ed Klumpp, Legislative Liaison, Kansas Association of Chiefs of Police, Kansas Sheriffs Association, Kansas Peace Officers Association commented that the bill is designed to distinguish between a vehicle merely stopped or parked along the roadside and a vehicle alongside the roadway where it is likely people will be present (Attachment 4). The bill applies only to situations where a vehicle has hazard lights flashing. He said the bill brings consistency to Kansas law, since it includes stranded vehicles with flashing lights to the statutes applying to similar vehicles such as tow trucks or utility trucks. This bill will enhance having safe Kansas roads.
Catherine Magana, Legislative Policy Analyst, Kansas Department of Transportation (KDOT), cited statistics from 2018-2023 to show support for the bill: 994 empty vehicles were struck while on the side of the road, resulting in 8 fatalities, 25 suspected serious injuries, 211 possible minor injuries, and 803 property damage; additionally 82 crashes occurred with someone in the vehicle, resulting in additional fatalities and injuries. She noted that this bill supports the agency's Drive to Zero mission of reducing deaths and injuries on Kansas roads (Attachment 5). Responding to a question, she replied that KDOT uses various media sources to relay its safety messages; additionally law enforcement and city/county avenue share the agency's safety messages.
Written-only support for the bill was provided by:
- Wendy Stark, Kansas League of Municipalities (Attachment 6)
- Phyllis Larimore, Legislative Liaison, Safe Kids Kansas (Attachment 7)
The meeting was adjourned at 8:57 a.m. The next meeting is scheduled for Tuesday, January 28, 2025.