8-1344. Child passenger safety; restraining systems for children under the age of four; use of booster seats, when; use of seat belts by children, when; exceptions. (a) Every driver as defined in K.S.A. 8-1416, and amendments thereto, who transports a child under the age of 14 years in a passenger car as defined in K.S.A. 8-1343a, and amendments thereto, or an autocycle as defined in K.S.A. 2021 Supp. 8-1497, and amendments thereto, on a highway as defined in K.S.A. 8-1424, and amendments thereto, shall provide for the protection of such child by properly using:
(1) For a child under the age of four years an appropriate child passenger safety restraining system that meets or exceeds the standards and specifications contained in federal motor vehicle safety standard no. 213;
(2) for a child four years of age, but under the age of eight years and who weighs less than 80 pounds or is less than 4 feet 9 inches in height, an appropriate child passenger safety restraining system that meets or exceeds the standards and specifications contained in federal motor vehicle safety standard no. 213; or
(3) for a child eight years of age but under the age of 14 years or who weighs more than 80 pounds or is more than 4 feet 9 inches in height, a safety belt manufactured in compliance with federal motor vehicle safety standard no. 208.
(b) If the number of children subject to the requirements of subsection (a) exceeds the number of passenger securing locations available for use by children affected by such requirements, and all of these securing locations are in use by children, then there is not a violation of this section.
(c) If a securing location only has a lap safety belt available, the provisions of subsection (a)(2) shall not apply and the child shall be secured in accordance with the provisions of subsection (a)(3).
History: L. 1981, ch. 33, § 2; L. 1984, ch. 38, § 1; L. 1989, ch. 40, § 1; L. 1992, ch. 317, § 2; L. 1997, ch. 80, § 1; L. 2006, ch. 44, § 1; L. 2015, ch. 48, § 9; May 14.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
Article 13 - Miscellaneous Provisions
8-1325 Same; expiration; renewal; fee; anatomical gift; organ donor registry.
8-1325a Same; registered offender; expiration; renewal; distinguishable.
8-1326 Same; duplicate identification cards.
8-1327 Same; unlawful use of identification cards; other unlawful acts relating thereto.
8-1328 Same; card to resemble driver's license; information on card; anatomical gift.
8-1329 Same; cards issued to persons under 18 or 21 distinguishable.
8-1330 Same; division not responsible for accuracy of information on card.
8-1331 Same; change of address.
8-1332 Identification cards; cancellation of cards; defined.
8-1333 Same; disposition of moneys; state highway fund.
8-1342 Civil penalty for overloading certain vehicles.
8-1343 Child passenger safety act.
8-1343a Same; "passenger car" defined.
8-1345 Same; unlawful acts; penalties; fine waived, when; notification of waiver; defense to action.
8-1346 Same; nonuse not negligence per se.
8-1347 Same; program of public education.
8-1349 Funeral processions; definitions.
8-1350 Same; right-of-way at intersections; funeral escort rights and duties; exceptions.