(b) any person in a wheelchair, either manually or mechanically propelled, or other low powered, mechanically propelled vehicle designed specifically for use by a physically disabled person; or
(c) any person using an electric personal assistive mobility device.
History:
L. 1974, ch. 33, § 8-1446; L. 1992, ch. 166, § 3; L. 2002, ch. 16, § 3; July 1.
CASE ANNOTATIONS
1. Section not in effect on date of accident; no reversible error in instructions; damage award affirmed. Chance v. Scroggins, 3 Kan. App. 2d 11, 13, 588 P.2d 479.
2. No error in instructing that pedestrians in roadway required to yield to vehicles. Reeve v. McBrearety, 8 Kan. App. 2d 419, 420, 660 P.2d 75 (1983).
3. Use of bicycles and other human-powered conveyances on sidewalks examined. Schallenberger v. Rudd, 244 Kan. 230, 233, 767 P.2d 841 (1989).
Schallenberger v. Rudd, 767 P.2d 841 (Kan. 1989). · cites it 2ד” K.S.A. 8-1446. Rudd concludes that it is thus clear the legislature intended to prohibit bicyclists from using the sidewalks.”
Kendrick v. Manda, 174 P.3d 432 (Kan. Ct. App. 2008). “K.S.A. 2006 Supp. 8-1446 defines a pedestrian as “(a) [a]ny person afoot; (b) any person in a wheelchair, either manually or mechanically propelled, or other low powered, mechanically propelled vehicle designed specifically for use by a physically disabled person; or (c) any…”
Reeve v. McBrearety, 660 P.2d 75 (Kan. Ct. App. 1983). “” However, as provided by K.S.A. 8-1446: “‘Pedestrian’ means any person afoot.”
Nish v. Schaefer, 2006 WY 85 (Wyo. 2006). “Further, were we to accept Rudd's argument that sidewalks are solely for pedestrians, as defined by K.S.A. 8-1446, by reason of K.S.A. 8-1465, then not only are bicycles prohibited on sidewalks, but tricycles, skateboards, baby carriages, toy wagons, and wheelchairs would be…”
Luellman v. Ambroz, 516 N.W.2d 627 (Neb. Ct. App. 1994). “Section 39-602(65); Kan. Stat. Ann. § 8-1446 (1991). The several statutes discussed by the Kansas court are either identical to or substantially the same as Nebraska statutes.”
Chance v. Scroggins, 588 P.2d 479 (Kan. Ct. App. 1978). “8-1531(c) (Weeks) but simply was a pedestrian as statutorily defined by K.S.A. 8-1446 (Weeks), i.e., “ ‘pedestrian’ means any person afoot.”
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