Printable Format8-1548. Turning movements and required signals. (a) No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety, nor without giving an appropriate signal in the manner hereinafter provided.
(b) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal, in the manner provided herein, to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(d) The signals required on vehicles by subsection (b) of K.S.A. 8-1549 shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.
History: L. 1974, ch. 33, ยง 8-1548; July 1.
Source or prior law:
8-547.
CASE ANNOTATIONS
1. Left turn across double yellow lines is permitted. Every v. Jefferson Ins. Co. of N.Y., 4 Kan. App. 2d 715, 719, 610 P.2d 645.
2. Proper remedy for violating right to counsel in K.S.A. 8-1001(f)(1)(E) as suppression of breath test determined; invoking right examined. State v. Kelly, 14 Kan. App. 2d 182, 184, 786 P.2d 623 (1990).
3. No error in jury instructions on duties imposed hereunder. Neglect of the duties was factor in accident resulting in personal injury. Kuhl v. Atchison, Topeka & Santa Fe Rwy. Co., 250 Kan. 332, 339, 827 P.2d 1 (1992).
4. Lane change signal must be made regardless of whether there is any traffic in front or behind vehicle. State v. DeMarco, 263 Kan. 727, 728, 732, 952 P.2d 1276 (1998).
5. The state's burden to prove reasonable suspicion for seizure is not met when there is no evidence of when driver's decision to turn was made. State v. Greever, 37 Kan. App. 2d 145, 152, 150 P.3d 918 (2007).
6. Cited in case where district court found no reasonable suspicion of violation. State v. Marx, 38 Kan. App. 2d 598, 609 (2007).
7. Requirement to signal turn 100 feet before turn does not provide for exceptions or require criminal intent. State v. Greever, 286 Kan. 124, 125, 129, 130, 132, 137-144, 183 P.3d 788 (2008).
8. Section establishes two rules, one relating to maintaining a single lane and one relating to changing lanes. State v. Marx, 289 Kan. 657, 215 P.3d 601 (2009).
9. Traffic stop and smell of marijuana provided probable cause for search. State v. Preston, 41 Kan. App. 2d 981, 207 P.3d 1081 (2009).
10. When a defendant fails to signal more than 100 feet before making a right turn, officers were found to have the right to stop the vehicle, even if the stop is pretextual. U.S. v. Reyes, 202 F. Supp. 3d 1209, 1213 (D.Kan. 2016).