Printable Format8-2504. Same; fines; violation not reported to department of revenue; failure to use seat belt not admissible to determine negligence or damages. (a) (1) Persons violating K.S.A. 8-2503(a)(1), and amendments thereto, shall be fined $30 and no court costs; and
(2) persons violating K.S.A. 8-2503(a)(2), and amendments thereto, shall be fined $60 and no court costs.
(b) No court shall report violation of this act to the department of revenue.
(c) Evidence of failure of any person to use a safety belt shall not be admissible in any action for the purpose of determining any aspect of comparative negligence or mitigation of damages.
(d) The provisions of this section shall be applicable and uniform throughout the state and no city, county, subdivision or local authority shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of this section.
History: L. 1986, ch. 35, § 4; L. 2007, ch. 140, § 12; L. 2010, ch. 157, § 2; L. 2011, ch. 45, § 10; L. 2017, ch. 74, § 6; July 1.
Law Review and Bar Journal References:
"From the Director," Terry Humphrey, J.K.T.L.A. Vol. XXIV, No. 1, 6 (2000).
"Survey of Kansas Tort Law: Part II," William E. Westerbeke, 50 K.L.R. 225 (2002).
"Towards a Rational Seat Belt Policy in Kansas," Kelly H. Foos, 56 K.L.R. 1005 (2008).
CASE ANNOTATIONS
1. 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, 763, 783 P.2d 1293 (1989).
2. Admissibility of evidence concerning nonuse of child safety restraint in determining comparative negligence or mitigation of damages considered. Barnes v. Robision, 712 F. Supp. 873, 876, 877 (1989).
3. Evidence passenger not wearing safety belt admissible for determining whether design of seat was defective. Gardner by and through Gardner v. Chrysler Corp., 89 F.3d 729, 733 (1996).
4. Evidence of nonuse of seat belt properly admitted to disprove existence of defective steering mechanism. Floyd v. General Motors Corp., 25 Kan. App. 2d 71, 72, 960 P.2d 763 (1998).
5. Evidence of nonuse of a vehicle safety restraint system to establish a defendant's direct negligence is not prohibited under Kansas law. Pleas v. First Student, Inc., 837 F. Supp. 2d 1250 (D. Kan. 2011).