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8-1570. Authority of police officer to remove vehicle in violation of K.S.A. 8-1569 from highway. (a) Whenever any police officer finds a vehicle in violation of any of the provisions of K.S.A. 8-1569, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the roadway.

(b) Any police officer is hereby authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in any tunnel, in such position or under such circumstances as to obstruct the normal movement of traffic.

(c) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:

(1) Report has been made that such vehicle has been stolen or taken without the consent of its owner;

(2) The person or persons in charge of such vehicle are unable to provide for its custody or removal; or

(3) When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a judge of the district court without unnecessary delay.

History: L. 1974, ch. 33, § 8-1570; L. 1976, ch. 145, § 31; January 10, 1977.

Source or prior law:

8-571.

Cross References to Related Sections:

Lien for wrecker, towing and storage services, see 8-1103 et seq.

CASE ANNOTATIONS

1. Mentioned; impoundment of defendant's vehicle unauthorized and unreasonable; conviction reversed. State v. Urban, 3 Kan. App. 2d 367, 369, 595 P.2d 352.

2. Statute creates no lien under K.S.A. 58-201 without request by or consent of owner. Hartford Ins. Co. v. Overland Body Tow, Inc., 11 Kan. App. 2d 373, 374, 375, 724 P.2d 687 (1986).


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