Printable Format8-1345. Same; unlawful acts; penalties; fine waived, when; notification of waiver; defense to action. (a) It shall be unlawful for any driver to violate the provisions of K.S.A. 8-1344, and amendments thereto, and upon conviction such driver shall be punished by a fine of $60. The failure to provide a child safety restraining system or safety belt for more than one child in the same passenger car, or autocycle as defined in K.S.A. 8-1497, and amendments thereto, at the same time shall be treated as a single violation. Any conviction under the provisions of this subsection shall not be construed as a moving traffic violation for the purpose of K.S.A. 8-255, and amendments thereto.
(b) The $60 fine provided for in subsection (a) shall be waived if the driver convicted of violating K.S.A. 8-1344(a)(1) or (2), and amendments thereto, provides proof to the court that such driver has purchased or acquired the appropriate and approved child passenger safety restraining system. At the time of issuing the citation for a violation of K.S.A. 8-1344(a)(1) or (2), and amendments thereto, the law enforcement officer shall notify the driver of the waiver provisions of this subsection.
(c) No driver charged with violating the provisions of this act shall be convicted if such driver produces in the office of the arresting officer or in court proof that the child was 14 years of age or older at the time the violation was alleged to have occurred.
(d) Evidence of failure to secure a child in a child passenger safety restraining system or a safety belt under the provisions of K.S.A. 8-1344, and amendments thereto, shall not be admissible in any action for the purpose of determining any aspect of comparative negligence or mitigation of damages.
(e) From and after the effective date of this act, and prior to July 1, 2007, a law enforcement officer shall issue a warning citation to anyone violating K.S.A. 8-1344(a)(2), and amendments thereto.
History: L. 1981, ch. 33, § 3; L. 1984, ch. 38, § 2; L. 1989, ch. 40, § 2; L. 1992, ch. 317, § 3; L. 2006, ch. 44, § 2; L. 2007, ch. 140, § 15; L. 2015, ch. 48, § 10; May 14.
Law Review and Bar Journal References:
"Survey of Kansas Tort Law: Part II," William E. Westerbeke, 50 K.L.R. 225 (2002).
"Towards a Rational Seat Belt Policy in Kansas," Kelly H. Foos, 56 K.L.R. 1005 (2008).
Attorney General's Opinions:
Kansas safety belt use act. 86-95.
Child passenger safety act; effect of 1989 House Bill No. 2196. 89-104.
CASE ANNOTATIONS
1. Regardless of mandate in K.S.A. 8-1344, evidence of nonuse or misuse inadmissible to compare fault or failure to mitigate damages. Watkins v. Hartsock, 245 Kan. 756, 765, 783 P.2d 1293 (1989).
2. Cited in dissent to ruling that absent authorization no private right of action granted where statute enacted for public protection. Kansas State Bank & Tr. Co. v. Specialized Transportation Services, Inc., 249 Kan. 348, 386, 819 P.2d 587 (1991).
3. Evidence passenger not wearing safety belt admissible for determining whether design of seat was defective. Gardner by and through Gardner v. Chrysler Corp., 89 F.3d 729, 730 (1996).
4. Evidence of nonuse of a vehicle safety restraint system to establish a defendant's direct negligence is not prohibited under Kansas law. Pleas v. First Student, Inc., 837 F. Supp. 2d 1250 (D. Kan. 2011).
5. Section prohibiting admission of certain evidence does not unconstitutionally deprive party of due process. Siruta v. Siruta, 301 Kan. 757, 786-87, 348 P.3d 549 (2015).