JURISDICTION: KANSAS

This chapter summarizes Kansas State statutes related to speed.

General Reference: Kansas Statutes Annotated

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall not operate a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual hazards than existing. §8-1557

Statutory Speed Limit: 70 MPH on multilaned highways as designated by the State Secretary of

See Other below. Transportation §8-1558(a)(2)

65 MPH on all other highways except a county or township highway §8-1558(a)(4)

55 MPH on a county or township highway §8-1558(a)(3)

30 MPH in an urban district §8-1558(a)(1)

Posted (Maximum) Speed Limit: I. The State Secretary of Transportation may decrease the above maximum speed limits.⁽¹⁾ §8-1559(a)(1)

II. The State Secretary of Transportation or local government authorities may establish a speed limit in a construction zone. §§8-1559(a)(c) & 8-1559

III. Based on engineering and traffic investigations, a local government may increase or decrease speed limits within its jurisdiction. However, the following limitations apply. (1) A speed limit cannot be established greater than 65 MPH. (2) Outside an urban or residence district, the speed limit cannot be less than 20 MPH. (3) Within a school urban district school zone when students are going either to or from school, the speed limit cannot be less than 20 MPH. §§8-1560 & 8-2002

Minimum Speed Limit: No person shall operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §8-1561(a)

Posted (Minimum) Speed Limit: I. Based on engineering and traffic investigations, either the State Secretary of Transportation or local government authorities may establish a minimum speed limit on any highway or part thereof. §8-1561(b)

II. Based on engineering and traffic investigations, either the State Secretary of Transportation or local government authorities may establish a maximum speed limit on any bridge or elevated structure. §8-1563(c) & (d)

Other: I. A motor-driven cycle shall not be operated at a speed greater than 35 MPH. §8-1562

II. A vehicle which is towing a house trailer shall not be operated at a speed greater than 55 MPH. §8-1563(a)

Basis for a Speed Law Violation:

(continued)

III. A vehicle equipped with solid rubber tires shall not be operated at a speed greater than 10 MPH. §8-1563(b)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Traffic Infractions. §§8-2116, 8-2118 & 21-3105(2)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $500⁽²⁾ §21-4503a(d)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: If an offender is subject to a license suspension because of 3 moving violations within 12 months, they may be allowed to maintain their driving privileges by attending a driver improvement clinic. §8-255(f)

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension⁽³⁾ §8-255(a)(1) & (2)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year §8-256

Mandatory Minimum Term of

Withdrawal: None

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Class A, B or C Misdemeanor⁽⁴⁾ §§8-1565(a) & (d) and 8-2116(b)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 1 months 2nd offender (within 1 year)-Not more than 6 months 3rd or subsequent offender (within 1 year)-Not more than 1 year §21-4502(1)(a), (b) & (c)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-Not more than $500 2nd offender (within 1 year)-Not more than $1,000 3rd or subsequent offender (within 1 year)-Not more than $2,500 §21-4503a(b)(1), (2) & (3)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension³ §8-255(a)(1) & (2)

Length of Term of

Licensing Withdrawal: Not more than 1 year §8-256

Mandatory Action--Minimum

Length of License

Withdrawal: None

Other: If an offender is subject to a license suspension because of 3 moving violations within 12 months, they may be allowed to maintain their driving privileges by attending a driver improvement clinic. §8-255(f)

Reckless Driving: Misdemeanor §8-1566(a) & (b)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-5 to 90 days 2nd or subsequent offense-10 days to 6 months §8-1566(b)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $500 2nd or subsequent offense-$50 to $500 §8-1566(b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation §8-254(a)(5)

Length of Term of License

Withdrawal Action: Not more than 1 year §8-265

Mandatory Term of License

Withdrawal Action: None An offender may be issued restricted driving privileges in lieu of revocation. §8-254(b)

Other:

Commercial Motor Vehicle (CMV) Operators⁽⁵⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁶⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §8-2,142(f)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §8-2,142(f)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §8-2,142(f)

1. ¹The secretary may decrease such limits based either on engineering and traffic investigations or on other information that is available. Under no circumstances is the secretary is authorized to increase a speed limit in excess of the statutory maximum limits. §8-1559(a) & (d) In addition, the State may establish different highway speed limits either (1) for different types of vehicles (e.g., persons, who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. §8-1559(b)

2. ²If a person either waives their right to a trial for, pleads guilty to or no contest to a traffic infraction, the fine imposed is determined via the uniform fine schedule. Under this schedule, the following fines are imposed for speeding offenses. I. For violating the basic speed rule, the fine is $20. For exceeding the speed limit by 1 to 10 MPH, the fine is $10. For exceeding the speed limit by 11 to 20 MPH, the fine is $10 plus $2 for every MPH above 10 MPH over the limit. For exceeding the speed limit by 21 to 30 MPH, the fine is $30 plus $3 for every MPH above 20 MPH over the limit. II. For impeding the normal flow of traffic, the fine is $10. III. For speeding on a motor cycle, the fine is $20. IV. For exceeding the posted maximum safe speed on a bridge or elevated structure, the fine is $10. §8-2118(c)

3. ³Basis for Suspension. The licensing agency is authorized to suspend an offenders's license if the following conditions are satisfied. I. The offender has committed numerous serious traffic law violations which indicate a disrespect for the traffic laws. II. The offender has been convicted of 3 or more moving traffic law violations within a 12 month period. §8-255(a)(1) & (2)

4. ⁴A 1st offense is a Class C misdemeanor. A 2nd offense within 1 year is a Class B misdemeanor. And, a 3rd or subsequent offense within 1 year is a Class A misdemeanor. §8-2116(b)

5. ⁵A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §8-2,128(f)

6. ⁶A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §8-2,128(v) & (b)