Kansas Statutes Annotated

K.S.A. § 8-1531 (2026)

Highway construction or maintenance operations; duty of driver

✓ current as of May 2026

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8-1531. Highway construction or maintenance operations; duty of driver. (a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any road construction zone, as defined in K.S.A. 8-1458a, indicated by official traffic-control devices.

(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle which is obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of K.S.A. 8-1731, and amendments thereto.

(c) The driver of a motor vehicle upon approaching a stationary authorized vehicle which is obviously and actually engaged in work upon a highway, when such authorized vehicle is displaying flashing lights meeting the requirements of K.S.A. 8-1731, and amendments thereto, shall do either of the following:

(1) If the driver of the motor vehicle is traveling on a highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver's motor vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary authorized vehicle; or

(2) if the driver is not traveling on a highway of a type described in paragraph (1), or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle and maintain a safe speed for the road, weather and traffic conditions.

(d) From and after the effective date of this act and prior to July 1, 2007, a law enforcement officer shall issue a warning citation to anyone violating the provisions of subsection (c).

(e) This section shall not operate to relieve the driver of an authorized vehicle from the duty to drive with due regard for the safety of all persons using the highway.

History: L. 1974, ch. 33, § 8-1531; L. 1994, ch. 220, § 6; L. 2006, ch. 133, § 2; July 1.

Notes of Decisions

Cited in 3 cases, 1978–2003 · leading case: Sterba Ex Rel. Beecham v. Jay, 816 P.2d 379 (Kan. 1991).

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Sterba Ex Rel. Beecham v. Jay, 816 P.2d 379 (Kan. 1991). · cites it 19× “K.S.A. 8-1531 provides: “(a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic-control devices.”

United States v. Mesa-Roche, 288 F. Supp. 2d 1172 (D. Kan. 2003). · cites it 3× “Schneider testified that he later determined that the possible violation was K.S.A. 8-1531, 3 not 8-1530. Schneider further testified that he also stopped the car because it appeared that the driver had not seen the worker and that he would have stopped the car under those…”

Chance v. Scroggins, 588 P.2d 479 (Kan. Ct. App. 1978). · cites it 4× “We venture no opinion concerning the applicability of K.S.A. 8-1531(a) (Weeks) to the facts of this case.”

— K.S.A. § 8-1531(a) — 2 cases

Sterba Ex Rel. Beecham v. Jay, 816 P.2d 379 (Kan. 1991). “K.S.A. 8-1531 provides: “(a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic-control devices.”

Chance v. Scroggins, 588 P.2d 479 (Kan. Ct. App. 1978). “We venture no opinion concerning the applicability of K.S.A. 8-1531(a) (Weeks) to the facts of this case.”

— K.S.A. § 8-1531(b) — 1 case

— K.S.A. § 8-1531(c) — 1 case

Chance v. Scroggins, 588 P.2d 479 (Kan. Ct. App. 1978). “We venture no opinion concerning the applicability of K.S.A. 8-1531(a) (Weeks) to the facts of this case.”

— K.S.A. § 8-1531(o) — 1 case

Chance v. Scroggins, 588 P.2d 479 (Kan. Ct. App. 1978). “We venture no opinion concerning the applicability of K.S.A. 8-1531(a) (Weeks) to the facts of this case.”

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