8-1485.
"Vehicle" defined.
"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except electric personal assistive mobility devices or devices moved by human power or used exclusively upon stationary rails or tracks.
History:
L. 1974, ch. 33, § 8-1485; L. 2002, ch. 16, § 4; July 1.
CASE ANNOTATIONS
1. Use of bicycles and other human-powered conveyances on sidewalks examined. Schallenberger v. Rudd, 244 Kan. 230, 233, 767 P.2d 841 (1989).
2. Bicycle is not a vehicle under traffic laws. Kendrick v. Manda, 38 Kan. App. 2d 864, 867, 174 P.3d 432 (2008).
3. Minitruck fits within the definition of vehicle. Shirley v. Kansas Dept. of Revenue, 45 Kan. App. 2d 44, 243 P.3d 708 (2010).
State v. Gensler, 423 P.3d 488 (Kan. 2018). · cites it 4ד400 with K.S.A. 8-1485 (vehicle definition, excludes "devices moved by human power"); see also City of Wichita v.”
Shirley v. Kansas Dep't of Revenue, 243 P.3d 708 (Kan. Ct. App. 2010). · cites it 20דWe determine that a minitruck fits within the plain language of the definition of vehicle under K.S.A. 2006 Supp. 8-1485 and that the Kansas Department of Revenue properly suspended Shirley’s driving privileges under the Kansas implied consent law.”
City of Wichita v. Hackett, 69 P.3d 621 (Kan. 2003). · cites it 4דHe claims that since K.S.A. 8-1485 defines “vehicles,” the City is prohibited from expanding this definition to include bicycles.”
State v. Fisher, 423 P.3d 528 (Kan. 2018). · cites it 2ד"Based purely on the language of [the Wichita ordinances], the district court could not have determined that Fisher operated a 'vehicle' that was covered under the narrower definition found in K.S.A. 8-1485 and made illegal to drive while intoxicated under K.”
State v. Mejia, 466 P.3d 1217 (Kan. Ct. App. 2020). “And erratic bicyclists (drunk or not) become obstacles motorists have to navigate as expedience sometimes overtakes prudence with unfortunately consequences.”
State v. Williams, 416 P.3d 1024 (Kan. Ct. App. 2018). “The difference comes in the definition of the term "vehicle." Under State law, the term includes "every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except electric personal assistive mobility devices or devices moved by…”
Kendrick v. Manda, 174 P.3d 432 (Kan. Ct. App. 2008). “K.S.A. 2006 Supp. 8-1485 defines a vehicle as “every device in, upon or *868 by which any person or property is or may be transported or drawn upon a highway, except .”
Schallenberger v. Rudd, 767 P.2d 841 (Kan. 1989). “Schallenberger also requested the court to give proposed jury instruction number 9a pursuant to K.S.A. 8-1485. This statute defines a vehicle as “every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by…”
State v. Schrader, 423 P.3d 523 (Kan. 2018). · cites it 4ד400 ("vehicle" defined as "every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks") with K.S.A. 2017 Supp. 8-1485 ("vehicle" defined as "every device in, upon or…”
Espinoza v. Kansas Dept. of Revenue (Kan. Ct. App. 2020). · cites it 9ד2018 Supp. 8-2,142(c) required the lifetime disqualification under the circumstances.”
State v. Lamone (Kan. Ct. App. 2017). · cites it 2דK.S.A. 2015 Supp. 8-1485 states that '"vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except electric personal assistive mobility devices or devices moved by human power or used exclusively upon…”
State v. Dean (Kan. Ct. App. 2021). · cites it 2ד" K.S.A. 2017 Supp. 8-1485. 4 In Schrader, the Kansas Supreme Court examined whether a prior conviction for violating a Wichita DUI ordinance could be counted as a person felony under K.”
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