8-1573.
Unattended motor vehicle.
(a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
(b) For the purpose of this section, unattended shall not be construed to mean a motor vehicle with an engine that has been activated by a remote starter system, when the motor vehicle is locked and when the ignition keys are not in the motor vehicle.
History:
L. 1974, ch. 33, § 8-1573; L. 2003, ch. 56, § 1; April 24.
Notes of Decisions
Cited in
3
cases, 2005–2018 · leading case:
Lamb v. State, 109 P.3d 1265 (Kan. Ct. App. 2005).
Lamb v. State, 109 P.3d 1265 (Kan. Ct. App. 2005).
· cites it 6× “Lamb contends in this appeal the unattended motor vehicle statute, K.S.A. 8-1573, created a duty that Albers was not to leave his patrol car running with the keys in the ignition and the doors unlocked.”
Montgomery v. Saleh, 419 P.3d 8 (Kan. Ct. App. 2018).
· cites it 4× “The plaintiff asserted that a statutory duty was owed under K.S.A. 8-1573, which prohibits one from leaving a vehicle running while unattended, but the court concluded that such a duty was owed to the public at large rather than the individual law enforcement officer.”
State v. Stowell, 182 P.3d 1214 (Kan. 2008).
“It also held that the officers properly secured the truck pursuant to K.S.A. 8-1573(a); however, “once retrieved the keys would have been turned over to Stowell and not been the subject of any further attention or the discovery of the drugs unless StowelTs personal *167 property…”
K.S.A. § 8-1573(a): 1 case
State v. Stowell, 182 P.3d 1214 (Kan. 2008).
“It also held that the officers properly secured the truck pursuant to K.S.A. 8-1573(a); however, “once retrieved the keys would have been turned over to Stowell and not been the subject of any further attention or the discovery of the drugs unless StowelTs personal *167 property…”
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