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8-1701. Scope and effect of sections in article 17; unlawful acts. (a) It is unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this article, or which is equipped in any manner in violation of any provision of any section of this article 17, or for any person to do any act forbidden or fail to perform any act required by any provision of any section of this article 17. Except as otherwise provided in K.S.A. 8-1742a, 8-1743, 8-1746 and 8-1750 to 8-1760, inclusive, and amendments thereto, any violation of this subsection (a) or of any other provision of this article 17 is a traffic infraction.

(b) Nothing contained in this article 17 shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this article.

(c) The provisions of this article 17 with respect to equipment required on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm tractors except as specifically made applicable in this act.

(d) The provisions of this article 17 with respect to equipment required on vehicles shall not apply to motorcycles or motor-driven cycles, except as specifically made applicable by law.

(e) A low-speed vehicle which is in compliance with the equipment requirements in 49 C.F.R. § 571.500 shall be deemed to be in compliance with the provisions of this article 17.

History: L. 1974, ch. 33, § 8-1701; L. 1984, ch. 39, § 14; L. 2000, ch. 179, § 22; July 1.

Source or prior law:

8-580(a), (b).

Cross References to Related Sections:

"Farm tractor" defined, see 8-1420.

Provisions applicable to implements of husbandry, road machinery, road rollers and farm tractors, see 8-1717, 8-1718.

Head lamps on farm tractors, see 8-1726.

Provisions similar to subsection (c) of this section concerning size, weight and load of vehicles, see 8-1901(d).

Law Review and Bar Journal References:

"Comparative Fault and Strict Products Liability in Kansas: Reflections on the Distinction Between Initial Liability and Ultimate Loss Allocation," William Edward Westerbeke and Hal D. Meltzer, 28 K.L.R. 25, 33 (1979).

Attorney General's Opinions:

Motor vehicle inspection. 83-147.

Motor vehicle registration statutes and safety equipment statutes are uniformly applicable to all cities; registration of golf carts. 97-78.

CASE ANNOTATIONS

1. Portion of subsection (a) severed as unconstitutionally vague. State v. Carpenter, 231 Kan. 235, 236, 237, 238, 240, 241, 242, 642 P.2d 998 (1982).

2. What constitutes a "traffic offense" as defined in K.S.A. 8-2117(d) examined; driving with suspended license (K.S.A. 8-262) held not within definition. State v. Frazier, 248 Kan. 963, 971, 811 P.2d 1240 (1991).


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