Printable Format8-1514. Driving on right side of roadway required; exceptions. (a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2) When an obstruction exists making it necessary to drive to the left of the center of the highway, except that any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
(3) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or
(4) Upon a roadway restricted to one-way traffic.
(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(c) Upon any roadway having four (4) or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (a) (2) hereof. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.
History: L. 1974, ch. 33, ยง 8-1514; July 1.
Source or prior law:
8-537.
Cross References to Related Sections:
Similar provisions applicable to farm tractors and implements of husbandry, see 8-1902(b).
Driving upon divided highways, see 8-1522.
Law Review and Bar Journal References:
"Traffic Stops and Normal Incidents Thereto," John J. Knoll, 79 J.K.B.A. No. 4, 31 (2010).
CASE ANNOTATIONS
1. Mentioned; conviction for involuntary manslaughter affirmed. State v. Parson, 226 Kan. 491, 492, 601 P.2d 680.
2. Provisions of K.S.A. 8-1001 become operative only after a person is arrested or otherwise taken into custody. State v. Williams, 4 Kan. App. 2d 651, 653, 610 P.2d 111.
3. Left turn across double yellow lines is permitted. Every v. Jefferson Ins. Co. of N.Y., 4 Kan. App. 2d 715, 719, 720, 610 P.2d 645.
4. Driving privileges of 16 year old may be suspended for violation pursuant to K.S.A. 38-815(b), 8-2117 and 38-802(e). State v. Seymour, 5 Kan. App. 2d 95, 96, 612 P.2d 1248.
5. Cited in holding accused may waive rights under K.S.A. 22-3402 by conduct, such as acquiescing in continuance. State v. Bean, 236 Kan. 389, 392, 691 P.2d 30 (1984).
6. Cited; instruction on K.S.A. 8-1520 properly refused where emergency circumstances (obstruction in roadway) existed. Ratterree v. Bartlett, 238 Kan. 11, 17, 707 P.2d 1063 (1985).
7. Cited; aggravated vehicular homicide (K.S.A. 21-3405a) as concurrent and controlling involuntary manslaughter (K.S.A. 21-3404) examined. State v. Goodnow, 12 Kan. App. 2d 294, 297, 740 P.2d 113 (1987).
8. Horizontal gaze nystagmus field sobriety test for DUI (K.S.A. 8-1567) noted as scientific; admissibility requirements examined. State v. Witte, 251 Kan. 313, 315, 836 P.2d 1110 (1992).
9. Evidence of inclement weather conditions did not satisfy obstruction exception; subsection (a) is an absolute liability offense. State v. Hopper, 260 Kan. 66, 69, 917 P.2d 872 (1996).
10. Material issue concerning whether defendant crossed center line and was negligent per se precluded summary judgment. Patterson v. Dahlsten Truck Line, Inc., 130 F. Supp. 2d 1228, 1233 (2000).
11. Mentioned; obstructing officers in conducting a traffic stop is not a felony obstruction. State v. Kelley, 38 Kan. App. 2d 224, 227, 162 P.3d 832 (2007).
12. Cited; section compared to traffic infraction under K.S.A. 8-1548; no criminal intent required. State v. Greever, 286 Kan. 124, 138, 139, 183 P.3d 788 (2008).
13. Conviction hereunder; district court without jurisdiction to modify sentence after sentencing concluded. State v. Trostle, 41 Kan. App. 2d 98, 201 P.3d 724 (2009).
14. Driving left of center in violation of this statute is an absolute liability offense. State v. Chavez-Zbarra, 42 Kan. App. 2d 1074, 221 P.3d 606 (2009).
15. Case remanded for additional findings on application of this statute, which is the only statute alleged to have been violated. State v. Garza, 295 Kan. 326, 286 P.3d 554 (2012).
16. Law enforcement officers had reasonable suspicion to conduct a traffic stop for violation of K.S.A. 8-1514 where they observed vehicle cross over solid yellow center lane, vehicle was not passing, there was no evidence of obstruction, roadway was not marked for three traffic lanes and it was not a one-way street. U.S. v. Beasley, 180 F. Supp. 3d 836, 846-47 (D. Kan. 2016).