74-2108.
Police powers of patrol members; enforcement of laws relating to motor carriers; authority to inspect.
(a) The superintendent and members of the Kansas highway patrol are hereby vested with the power and authority of peace, police and law enforcement officers anywhere within this state irrespective of county lines.
(b) In addition to the general power and authority prescribed by subsection (a), the superintendent and members of the Kansas highway patrol are hereby authorized and directed to execute and enforce the laws of this state relating to public and private motor carriers of passengers or property, including any rules and regulations relating to such laws, and shall have the power and authority to require the driver of any motor vehicle owned or operated by any such carrier to stop and submit such vehicle to an inspection to determine compliance with such laws and rules and regulations.
History:
L. 1972, ch. 291, § 3; L. 1974, ch. 328, § 1; L. 1988, ch. 266, § 16; July 1.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1982–2024 · leading case:
State v. Crum, 19 P.3d 172 (Kan. 2001).
State v. Crum, 19 P.3d 172 (Kan. 2001).
· cites it 7× “’ ” The specific wording of K.S.A. 74-2108, which is challenged herein, states: “(a) The superintendent and members of the Kansas highway patrol are hereby vested with the power and authority of peace, police and law enforcement officers anywhere within tills state irrespective…”
State v. Moore, 701 P.2d 684 (Kan. 1985).
· cites it 5× “" One additional statute which should be mentioned is K.S.A. 74-2108, which specifically authorizes members of the Kansas Highway Patrol to execute and enforce the laws of this state relating to public and private motor carriers and to require the *528 driver of vehicles owned…”
State v. Williams, 648 P.2d 1156 (Kan. Ct. App. 1982).
· cites it 2× “K.S.A. 74-2108(h) provides: “[M]embers of the Kansas highway patrol are hereby authorized and directed to execute and enforce the laws of this state relating to public and private motor carriers of passengers or property, including any rules and regulations of the state…”
United States v. Burch, 906 F. Supp. 592 (D. Kan. 1995).
· cites it 4× “2d 1156 (1982) (“A warrantless inspection of a motor vehicle authorized to transport property for hire and subject to regulations of the State of Kansas which was stopped by an officer of the Kansas Highway Patrol solely to conduct an inspection pursuant to K.S.A. 74-2108(b)…”
State v. Vrabel, 347 P.3d 201 (Kan. 2015).
“To the contrary, we observe that the legislature proved that it knows how to grant such wide-ranging jurisdiction when it enacted K.S.A. 74-2108, stating that the Kansas Highway Patrol is “vested with the power and authority of peace, police and law enforcement officers anywhere…”
State v. Campbell, 875 P.2d 1010 (Kan. Ct. App. 1994).
· cites it 3× “Although there are no specific statutes or regulations authorizing or governing the inspection of rental trucks for purposes of determining compliance with applicable motor carrier laws and regulations, the Kansas Highway Patrol is vested with and exercises the general police…”
State v. Bone, 6 P.3d 914 (Kan. Ct. App. 2000).
“Specifically, it regards the operation of inspection stations. The statute also provides: “Nothing in this section shall be construed as prohibiting .”
United States v. Triska, 574 F. Supp. 2d 1208 (D. Kan. 2008).
· cites it 6× “§ 8-133; and (3) he intended to conduct a commercial vehicle safety inspection under K.S.A. § 74-2108 in light of the apparent weight of the vehicle and trailer and the nature of its cargo.”
State v. Kihonge (Kan. Ct. App. 2024).
· cites it 2× “" K.S.A. 74-2108(b); see K.S.A. 66-1324. In addition to Kansas Highway Patrol Troopers, "any law enforcement officer in the state certified in the inspection of motor carriers and authorized in accordance with the requirements of the Kansas motor carrier safety program" may…”
— K.S.A. § 74-2108(a) — 1 case
State v. Campbell, 875 P.2d 1010 (Kan. Ct. App. 1994).
“Although there are no specific statutes or regulations authorizing or governing the inspection of rental trucks for purposes of determining compliance with applicable motor carrier laws and regulations, the Kansas Highway Patrol is vested with and exercises the general police…”
— K.S.A. § 74-2108(b) — 6 cases
State v. Crum, 19 P.3d 172 (Kan. 2001).
“’ ” The specific wording of K.S.A. 74-2108, which is challenged herein, states: “(a) The superintendent and members of the Kansas highway patrol are hereby vested with the power and authority of peace, police and law enforcement officers anywhere within tills state irrespective…”
United States v. Burch, 906 F. Supp. 592 (D. Kan. 1995).
“2d 1156 (1982) (“A warrantless inspection of a motor vehicle authorized to transport property for hire and subject to regulations of the State of Kansas which was stopped by an officer of the Kansas Highway Patrol solely to conduct an inspection pursuant to K.S.A. 74-2108(b)…”
State v. Moore, 701 P.2d 684 (Kan. 1985).
“" One additional statute which should be mentioned is K.S.A. 74-2108, which specifically authorizes members of the Kansas Highway Patrol to execute and enforce the laws of this state relating to public and private motor carriers and to require the *528 driver of vehicles owned…”
State v. Campbell, 875 P.2d 1010 (Kan. Ct. App. 1994).
“Although there are no specific statutes or regulations authorizing or governing the inspection of rental trucks for purposes of determining compliance with applicable motor carrier laws and regulations, the Kansas Highway Patrol is vested with and exercises the general police…”
State v. Bone, 6 P.3d 914 (Kan. Ct. App. 2000).
“Specifically, it regards the operation of inspection stations. The statute also provides: “Nothing in this section shall be construed as prohibiting .”
— K.S.A. § 74-2108(h) — 1 case
State v. Williams, 648 P.2d 1156 (Kan. Ct. App. 1982).
“K.S.A. 74-2108(h) provides: “[M]embers of the Kansas highway patrol are hereby authorized and directed to execute and enforce the laws of this state relating to public and private motor carriers of passengers or property, including any rules and regulations of the state…”
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