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Minutes for SB142 - Committee on Transportation

Short Title

Requiring drivers to proceed with due caution when passing stationary vehicles displaying hazard warning lights and providing a penalty for violation thereof.

Minutes Content for Tue, Jan 23, 2024

The Chair opened the hearing on SB142.

Adam Siebers, Assistant Revisor, briefed the Committee on the bill (Attachment 1).  He explained that, in the event of a motor vehicle stopped with hazard warning lights, road flares or caution signals, the bill requires the driver of an approaching motor vehicle to either change lanes if possible or proceed in the same lane with caution and reduced speed.  Violations would result in a fine of  $75.

Speaking as a proponent of the bill, Travis Lowe, representing AAA of Kansas, said the bill works to protect both the approaching drivers on the road and drivers who are stranded on the side of a highway dealing with a disabled vehicle (Attachment 2).  He noted that, although Kansas law regulates drivers approaching emergency vehicles, tow trucks, and law enforcement vehicles on the side of the road, it does not protect disabled vehicles.  He cited crash statistics:  during the past four years 688 empty vehicles were struck by a driver, 64 additional crashes occurred with someone in the vehicle, the latter which resulted in 13 fatalities.  He explained that the bill has a two-pronged approach:  for a dual-lane highway, the driver must use caution and slow down; for a multi-lane highway, the driver must change lanes or slow down.  He also noted that the proposed law does not apply to abandoned vehicles.  The bill has no fiscal impact on state funds.

Responding to a question, Mr. Siebers replied that the bill does not identify the infraction as a moving violation.

Joel Skelley, Director of Policy, Kansas Department of Transportation, testified as a proponent.  He said the bill supports the agency's goal to improve highway safety in Kansas (Attachment 3).  He cited crash statistics to show the deleterious costs in lives, in well-being, and in property, and he noted that this proposed law will broaden the law to include every passenger vehicle stopped or disabled on the side of the road.  Mr. Skelley noted the agency has educational resources available to promote the intent of the bill.

Captain Candice Breshears, Kansas Highway Patrol, spoke in support of the bill (Attachment 4).  She reviewed the provisions of the bill and commented that the bill mirrors current law regarding emergency vehicles and offers a common-sense approach to remedy an unsafe situation.  She referenced other states' laws and urged Committee members to support the bill.

The following written-only testimony was submitted in support of the bill:

  • Phyllis Larimore, Legislative Liaison for Safe Kids Kansas (Attachment 5); and
  • Ed Klumpp, Legislative Liaison, Kansas Association of Chiefs of Police, Kansas Sheriffs Association, and Kansas Peace Officers Association (Attachment 6).

The Chair closed the hearing on SB142.

The meeting was adjourned at 8:45 a.m.  The next meeting is scheduled for Thursday, January 25, 2024.