Printable Format8-1749. Safety belts and shoulder harnesses. (a) Every passenger car manufactured or assembled after January 1, 1965, shall be equipped with at least two (2) lap-type safety belt assemblies for use in the front seating positions.
(b) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with a lap-type safety belt assembly for each permanent passenger seating position. This requirement shall not apply to police vehicles.
(c) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with at least two (2) shoulder harness-type safety belt assemblies for use in the front seating positions.
(d) The secretary of transportation shall except specified types of motor vehicles or seating positions within any motor vehicle from the requirements imposed by subsections (a) to (c) when compliance would be impractical.
(e) No person shall distribute, have for sale, offer for sale or sell any safety belt or shoulder harness for use in motor vehicles unless it meets current minimum standards and specifications approved by the secretary of transportation.
History: L. 1974, ch. 33, § 8-1749; L. 1975, ch. 427, § 44; August 15.
Source or prior law:
8-5,135.
Cross References to Related Sections:
Safety belt use act, see 8-2501 et seq.
Child passenger safety act, see 8-1343 et seq.
Law Review and Bar Journal References:
"An Analysis of Our Automobile Culture in Relation to Death and Injury on the Highway," Eldon Fillman, 70 J.K.M.S. 1 (1969).
Prior law (K.S.A. 8-5,135); possible methods of using unbuckled seat belts as defense to alleged negligence, William D. Faler, 20 K.L.R. 486, 487, 488 (1972).
"Towards a Rational Seat Belt Policy in Kansas," Kelly H. Foos, 56 K.L.R. 1005 (2008).
CASE ANNOTATIONS
1. A passenger in an automobile has no legal duty to use an available seat belt and evidence of nonuse is inadmissible. Taplin v. Clark, 6 Kan. App. 2d 66, 69, 626 P.2d 1198.
2. Cited by dissent where majority held seat belt use nonuse by occupant as inadmissible evidence. Rollins v. Kansas Dept. of Transportation, 238 Kan. 453, 461, 711 P.2d 1330 (1985).
3. Cited by dissent; use/nonuse of seat belts with construction machinery examined. Long v. Deere & Co., 238 Kan. 766, 781, 715 P.2d 1023 (1986).
4. Evidence of nonuse or misuse of child safety restraining device (K.S.A. 8-1344) as inadmissible under K.S.A. 8-1345(d) examined. Watkins v. Hartsock, 245 Kan. 756, 760, 783 P.2d 1293 (1989).