8-1565.
Racing on highways; misdemeanor.
(a) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test or exhibition.
(b) As used in this section, "drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
(c) As used in this section, "racing" means the use of one or more vehicles in an attempt to out-gain, out-distance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.
(d) Violation of this section is a misdemeanor.
History:
L. 1974, ch. 33, § 8-1565; L. 1984, ch. 39, § 7; January 1, 1985.
Notes of Decisions
City of Altamont v. Finkle, 579 P.2d 712 (Kan. 1978).
“” This section of the ordinance is similar to K.S.A. 8-1565(a), (b) and (c). Defendant was charged, by citation, on a Uniform Traffic Ticket and Complaint with driving his automobile in an unlawful “exhibition of speed.”
State v. Sharp (Kan. 2017).
· cites it 19× “The panel held K.S.A. 8-1565, which prohibits an unlawful "exhibition of speed or acceleration," was unconstitutionally vague and indefinite, the good faith exception was inapplicable, and the officer lacked reasonable suspicion to conduct a traffic stop based on a violation of…”
Garner v. Kansas Dept. of Revenue (Kan. Ct. App. 2022).
· cites it 4× “Moreover, the Finkle court examined an ordinance similar to K.S.A. 8-1565, a statute prohibiting racing on highways—not the statute at issue in this case.”
— K.S.A. § 8-1565(a) — 2 cases
City of Altamont v. Finkle, 579 P.2d 712 (Kan. 1978).
“” This section of the ordinance is similar to K.S.A. 8-1565(a), (b) and (c). Defendant was charged, by citation, on a Uniform Traffic Ticket and Complaint with driving his automobile in an unlawful “exhibition of speed.”
State v. Sharp (Kan. 2017).
“The panel held K.S.A. 8-1565, which prohibits an unlawful "exhibition of speed or acceleration," was unconstitutionally vague and indefinite, the good faith exception was inapplicable, and the officer lacked reasonable suspicion to conduct a traffic stop based on a violation of…”
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