8-1738.
Horns and warning devices.
(a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or whistle. The driver of a motor vehicle when reasonably necessary to insure safe operation shall give audible warning with his horn but shall not otherwise use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell, except as otherwise permitted in this section.
(c) Any vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal. Such a theft alarm signal device may use a whistle, bell, horn or other audible signal but shall not use a siren.
(d) Every authorized emergency vehicle shall be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the secretary of transportation, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren when reasonably necessary to warn pedestrians and other drivers of the approach thereof.
(e) Every truck specifically designed and equipped and used exclusively for garbage, refuse or solid waste disposal operations shall be equipped with a whistle, bell or other audible signal. Such whistle, bell or other audible signal shall be used only when the driver of the truck is backing such truck. Notwithstanding the provisions of this section, a city may adopt an ordinance prohibiting the activation of such whistle, bell or other audible signal during specific periods of time during the day.
History:
L. 1974, ch. 33, § 8-1738; L. 1975, ch. 427, § 40; L. 2004, ch. 114, § 2; April 29.
Notes of Decisions
Cited in
11
cases (
4 in the last 5 years), 1979–2023 · leading case:
Rhoten v. Dickson, 223 P.3d 786 (Kan. 2010).
Rhoten v. Dickson, 223 P.3d 786 (Kan. 2010).
· cites it 9× ““(b) The driver of an authorized emergency vehicle may: “(3) Exceed the maximum speed limits so long as such driver does not endanger life or property; “(c) The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an…”
Thornton v. Shore, 666 P.2d 655 (Kan. 1983).
· cites it 6× “*741 "( c ) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of K.S.A. 8-1738 and visual signals meeting the requirements of K.”
Robbins v. City of Wichita, 172 P.3d 1187 (Kan. 2007).
““(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of K.S.A. 8-1738 and visual signals meeting the requirements of K.”
Jackson v. City of Kansas City, 680 P.2d 877 (Kan. 1984).
““(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of K.S.A. 8-1738 and visual signals meeting the requirements of K.”
Susan Porter v. Kelly Martinez, 68 F.4th 429 (9th Cir. 2023).
“” Kan. Stat. Ann. § 8-1738 (a). Kentucky: “Every person operating an automobile or bicycle shall sound the horn or sound device whenever necessary as a warning of the approach of such vehicle to pedestrians or other vehicles, but shall not sound the horn or sound device…”
Rhoten v. Dickson, 192 P.3d 679 (Kan. Ct. App. 2008).
· cites it 4× “Turning to the failure to use emergency lights and siren we look to K.S.A. 8-1738(d). This statute states a siren shall not be used “except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law,…”
State v. Blick (Kan. Ct. App. 2022).
· cites it 9× “Based on this, White performed a DUI investigation, then cited Blick for DUI and for improper use of his horn under K.S.A. 8-1738. That statute provides: "Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting…”
State v. Simpson, 732 P.2d 788 (Kan. Ct. App. 1987).
““(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of K.S.A. 8-1738 and visual signals meeting the requirements of K.”
Sturm v. Cude (D. Kan. 2023).
· cites it 4× “6 K.S.A. § 8-1738 sets forth the following requirements for audible signals on emergency vehicles: Every authorized emergency vehicle shall be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500…”
Susan Porter v. Kelly Martinez (9th Cir. 2023).
“” Kan. Stat. Ann. § 8-1738 (a). Kentucky: “Every person operating an automobile or bicycle shall sound the horn or sound device whenever necessary as a warning of the approach of such vehicle to pedestrians or other vehicles, but shall not sound the horn or sound device…”
Littell v. Maloney, 593 P.2d 11 (Kan. Ct. App. 1979).
“8-1506, which provides in part: “(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of K.S.A. 8-1738 and visual signals meeting the requirements of K.”
— K.S.A. § 8-1738(a) — 1 case
State v. Blick (Kan. Ct. App. 2022).
“Based on this, White performed a DUI investigation, then cited Blick for DUI and for improper use of his horn under K.S.A. 8-1738. That statute provides: "Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting…”
— K.S.A. § 8-1738(d) — 4 cases
Rhoten v. Dickson, 223 P.3d 786 (Kan. 2010).
““(b) The driver of an authorized emergency vehicle may: “(3) Exceed the maximum speed limits so long as such driver does not endanger life or property; “(c) The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an…”
Thornton v. Shore, 666 P.2d 655 (Kan. 1983).
“*741 "( c ) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of K.S.A. 8-1738 and visual signals meeting the requirements of K.”
Rhoten v. Dickson, 192 P.3d 679 (Kan. Ct. App. 2008).
“Turning to the failure to use emergency lights and siren we look to K.S.A. 8-1738(d). This statute states a siren shall not be used “except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law,…”
Sturm v. Cude (D. Kan. 2023).
“6 K.S.A. § 8-1738 sets forth the following requirements for audible signals on emergency vehicles: Every authorized emergency vehicle shall be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500…”
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