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8-1759a. Inspection by highway patrol upon reasonable cause; notice of defects; penalties. (a) Uniformed members of the highway patrol, at any time upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, may require the driver of such vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be appropriate.

(b) In the event a vehicle is found to be in unsafe condition or any required part or equipment is not present or in proper repair and adjustment, the member of the highway patrol shall give a written notice of such defect to the driver.

(c) In the event any such vehicle is, in the reasonable judgment of the member of the highway patrol, in such condition that further operation would be hazardous, such member of the highway patrol may require, in addition, that the vehicle not be operated under its own power or that it be driven to the nearest garage or other place of safety.

(d) Violation of this section is a class A misdemeanor.

History: L. 1976, ch. 52, § 1; L. 1984, ch. 35, § 4; L. 1991, ch. 42, § 2; July 1.

CASE ANNOTATIONS

1. Cited in holding that specific statutory authority not a prerequisite to stop a vehicle at sobriety checkpoint. Davis v. Kansas Dept. of Revenue, 252 Kan. 224, 230, 843 P.2d 260 (1992).

2. Whether officer had reasonable suspicion to stop car based on defective tail lamp examined. Fillmore v. Eichkorn, 891 F. Supp. 1482, 1489 (1995).


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