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8-2503. Same; wearing of seat belt required; exceptions; educational program; evaluation of effectiveness of act; enforcement. (a) Except as provided in subsection (b):

(1) Each occupant of either a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208 or an autocycle, who is 18 years of age or older, shall have a safety belt properly fastened about such person's body at all times when the passenger car is in motion; and

(2) each occupant of either a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208 or an autocycle, who is at least 14 years of age but less than 18 years of age, shall have a safety belt properly fastened about such person's body at all times when the passenger car is in motion.

(b) This section does not apply to:

(1) An occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system;

(2) carriers of United States mail while actually engaged in delivery and collection of mail along their specified routes; or

(3) newspaper delivery persons while actually engaged in delivery of newspapers along their specified routes.

(c) The secretary of transportation shall initiate an educational program designed to encourage compliance with the safety belt usage provisions of this act.

(d) The secretary shall evaluate the effectiveness of this act and shall include a report of its findings in the annual evaluation report on its highway safety plan that it submits under 23 U.S.C. § 402.

(e) Law enforcement officers shall not stop drivers for violations of subsection (a)(1) by a back seat occupant in the absence of another violation of law. A citation for violation of subsection (a)(1) by a back seat occupant shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

History: L. 1986, ch. 35, § 3; L. 1989, ch. 40, § 4; L. 2007, ch. 140, § 11; L. 2010, ch. 157, § 1; L. 2011, ch. 45, § 9; L. 2015, ch. 48, § 8; May 14.

Law Review and Bar Journal References:

"Towards a Rational Seat Belt Policy in Kansas," Kelly H. Foos, 56 K.L.R. 1005, 1010 (2008).

Attorney General's Opinions:

Person involved in vehicular accident may be cited for violation of Kansas safety belt use act even though not cited for any other violation. 87-129.

Child passenger safety act; effect of 1989 House Bill No. 2196. 89-104.

Safety belts; applicable to operator of four-wheel drive vehicle. 97-65.

CASE ANNOTATIONS

1. Justification for "stop and frisk" search considered. State v. Schmitter, 23 Kan. App. 2d 547, 552, 553, 933 P.2d 762 (1997).


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