Printable Format8-1523. Following another vehicle too closely. (a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
(b) The driver of any truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another truck or motor vehicle drawing another vehicle shall leave sufficient space, whenever conditions permit, so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a truck or motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles.
(c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.
History: L. 1974, ch. 33, ยง 8-1523; July 1.
Source or prior law:
8-543.
CASE ANNOTATIONS
1. Cited in holding diversion agreement in prior DUI case (K.S.A. 8-1567) considered conviction for sentence enhancement. State v. Clevenger, 235 Kan. 864, 683 P.2d 1272 (1984).
2. Officer's use of car length test and 2 second test provide justification to stop vehicle for following to closely. State v. Moore, 283 Kan. 344, 351, 154 P.3d 1 (2007).
3. Traffic stop for following too close upheld; search of duffel bags reasonable for officer's safety. U.S. v. Worthon, 520 F.3d 1173, 1179 (2008).
4. Traffic stop justified at inception, even if officer had subjective motives for stopping the vehicle. U.S. v. Mora-Morales, 807 F. Supp. 2d 1017 (D. Kan. 2011).
5. Under the totality of the circumstances, officer's detention of defendant significantly longer than the approximately nine minutes necessary to fulfill purpose of traffic stop was an impermissible violation of the Fourth Amendment. State v. Wendler, 47 Kan. App. 2d 182, 274 P.3d 30 (2012).