Kansas Statutes Annotated

K.S.A. § 8-1344 (2026)

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

✓ current as of May 2026

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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. 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.

Notes of Decisions

Cited in 8 cases, 1985–2011 · leading case: Kansas State Bank & Trust Co. v. Specialized Transp. Servs., Inc., 819 P.2d 587 (Kan. 1991).

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Kansas State Bank & Trust Co. v. Specialized Transp. Servs., Inc., 819 P.2d 587 (Kan. 1991). · cites it 6× “It is important to note that when the legislature has intended not to grant a private right of action when enacting a statute to protect the public, it has specifically stated its intent. For example, when the legislature enacted the child passenger safety statutes, K.”

Watkins v. Hartsock, 783 P.2d 1293 (Kan. 1989). · cites it 4× “K.S.A. 8-1344. Parents or legal guardians who failed to use or who improperly used the safety restraining system were to receive an oral warning from a law enforcement officer.”

Rollins v. Kansas Dept. of Transp., 711 P.2d 1330 (Kan. 1985). · cites it 2× “K.S.A. 1984 Supp. 8-1344. This court has recognized the general rule that one must use reasonable diligence to mitigate one's damages once the risk is known.”

Dexter v. Ford Motor Co., 92 F. App'x 637 (10th Cir. 2004). “Kan. Stat. Ann. § 8-1344 (a); Colo.Rev. Stat.”

Barnes v. Robison, 712 F. Supp. 873 (D. Kan. 1989). · cites it 3× “, the failure of a person to secure his child in a safety restraint as required by K.S.A. 8-1344 et seq. should not be admissible in any action for the purpose of determining any aspect of comparative negligence or mitigation of damages.”

State v. Schmitter, 933 P.2d 762 (Kan. Ct. App. 1997). “8-2503 reads in relevant part: “(a) Except as provided in K.S.A. 8-1344 and 8-1345, and amendments thereto, and in subsection (b), each front seat occupant of a passenger car manufactured with safety belts in compliance with federal motor vehicle standard no.”

Pleas v. First Student, Inc., 837 F. Supp. 2d 1250 (D. Kan. 2011). · cites it 3× “The pertinent statutory provision provides: “Evidence of failure to secure a child in a child passenger safety restraining system or a safety belt under the provisions of K.S.A. 8-1344, and amendments thereto, shall not be admissible in any action for the purpose of determining…”

United States v. Rodriguez (10th Cir. 2000). “§ 8 - 1522(a) which provides in part that “a vehicle shall be driven as nearly as practicable entirely within a single lane [of traffic]” and Kan. Stat. Ann. § 8-1344 which instructs: Every driver .”

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