8-1516.
Same; vehicles and bicycles proceeding in same direction.
The following rules shall govern the overtaking and passing of vehicles and bicycles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
(c) (1) The driver of a vehicle overtaking a bicycle proceeding in the same direction shall pass to the left thereof at a distance of not less than three feet and shall not again drive to the right side of the roadway until safely clear of the overtaken bicycle.
(2) The driver of a vehicle may pass a bicycle proceeding in the same direction in a no-passing zone with the duty to execute the pass only when it is safe to do so.
History:
L. 1974, ch. 33, § 8-1516; L. 2011, ch. 45, § 4; July 1.
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 1992–2025 · leading case:
United States v. White, 339 F. Supp. 2d 1165 (D. Kan. 2004).
United States v. White, 339 F. Supp. 2d 1165 (D. Kan. 2004).
· cites it 2× “§ 8-1523(a), making an improper lane change in violation of K.S.A. § 8-1516(a), and failing to maintain a single lane of traffic in violation of K.”
State v. Carter (Kan. Ct. App. 2025).
· cites it 9× “But a violation of the "two-second rule" without other evidence does not create a reasonable suspicion that the driver has violated K.”
Peoples Bank of Pratt v. Integral Ins. Co., 840 P.2d 503 (Kan. 1992).
“If an instruction is to be given on passing under the facts herein, it should be in accordance with K.S.A. 8-1516, the general passing-on-the-left statute.”
State v. Payne (Kan. Ct. App. 2025).
· cites it 2× “There is no language in K.S.A. 8-1516, which addresses passing a vehicle on the left, indicating that the provisions of that statute do not apply to three-lane highways.”
State of Kansas, ex rel. KHP v. $28,350 in U.S. Currency (Kan. Ct. App. 2025).
“8-1523(a) states: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
— K.S.A. § 8-1516(a) — 4 cases
United States v. White, 339 F. Supp. 2d 1165 (D. Kan. 2004).
“§ 8-1523(a), making an improper lane change in violation of K.S.A. § 8-1516(a), and failing to maintain a single lane of traffic in violation of K.”
State v. Carter (Kan. Ct. App. 2025).
“But a violation of the "two-second rule" without other evidence does not create a reasonable suspicion that the driver has violated K.”
State of Kansas, ex rel. KHP v. $28,350 in U.S. Currency (Kan. Ct. App. 2025).
“8-1523(a) states: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
State v. Payne (Kan. Ct. App. 2025).
“There is no language in K.S.A. 8-1516, which addresses passing a vehicle on the left, indicating that the provisions of that statute do not apply to three-lane highways.”
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