Kansas Administrative Regulations

Regulation Number:36-2-9
Agency Title: KANSAS DEPARTMENT OF TRANSPORTATION
Article Title: Vehicles Carrying Emergency Equipment
Tax Type:Vehicles
Brief Description:
Operation of non-designated vehicle with red light or light, siren, whistle or
bell prohibited; notification to county attorney.
Keywords:


Body:

36-2-9
Operation of non-designated vehicle with red light or light, siren, whistle or
bell prohibited; notification to county attorney. (a) A person, partnership, association, cor-
poration, municipality, or public official shall not operate, or cause to be operated upon a public
highway, road or street within this state, a motor vehicle with a red light, siren, or both unless the
vehicle has been designated as an emergency vehicle by the department, except fire department
vehicles, police vehicles and ambulances that are publicly owned as provided in K.S.A. 1980 Supp.
8-1404. (b) Whenever the secretary or the secretary's designee has information that a motor vehicle is
being operated upon the public highways, roads or streets in violation of this regulation, and of
Kansas Statutes, the person, partnership, association, corporation, or municipality shall be noti-
fied by registered or certified mail that the operation is illegal. The secretary or the secretary's
designee shall direct that the operation of the vehicle be discontinued immediately, and if no ap-
plication is made for the designation of the vehicle as an emergency vehicle within 10 days from the
date of the mailing of the notice, an investigation shall be conducted to determine whether the op-
eration has been discontinued. All information regarding the violation, including names and ad-
dresses of possible witnesses, shall be transferred to the county attorney of the county in which the
violation is taking place. Request shall be made that the county attorney institute proper civil pro-
ceedings to abate the violation and any criminal proceedings as may be appropriate. (Authorized
by K.S.A. 1982 Supp. 68-404; implementing K.S.A. 8-1404, 8-2010; effective Jan. 1, 1972;
amended May 1, 1976; amended May 1, 1981; amended May 1, 1983.)