Kansas Statutes Annotated

K.S.A. § 8-1459 (2026)

"Roadway" defined

✓ current as of May 2026

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8-1459. "Roadway" defined. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

History: L. 1974, ch. 33, § 8-1459; July 1.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1989–2026 · leading case: United States v. Jones, 501 F. Supp. 2d 1284 (D. Kan. 2007).

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United States v. Jones, 501 F. Supp. 2d 1284 (D. Kan. 2007). “” K.S.A. 8-1459. 8 .In Lopez , the district court latches onto this controversial language in Ross making it the *1292 standard by which to evaluate whether § 8-1522 was violated: "The appropriate standard when evaluating a violation of K.”

Schallenberger v. Rudd, 767 P.2d 841 (Kan. 1989). “K.S.A. 8-1459. Thus, we see the specific statutes applying vehicular rules to bicycles do so only when the bicyclist is using the roadway.”

United States v. Ortega, 379 F. Supp. 2d 1177 (D. Kan. 2005). “K.S.A. 8-1459. 12 . 263 Kan. 727 , 952 P.”

State v. Brungardt (Kan. Ct. App. 2026). “The State alleged and the district court found that driving off the roadway and onto the berm was illegal.”

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