Can I drive 10 mph over the speed limit to keep up with Kansas traffic? What the law says
If you’ve been pressed for time on your commute, it’s more likely than not you’ve driven a bit over the speed limit to get to your destination.
But if it’s just 5 miles per hour over the posted limit, is it legally considered speeding?
In Kansas, driving 1 mph over the speed limit is still against the law, but if you do get pulled over, what does and doesn’t go on your driving record depends on how fast you were going.
Sometimes it comes down to if your violation is considered a moving violation or a non-moving violation. What’s the difference? Here’s a quick guide to such violations in Kansas and what to know about driving safely.
What is a moving violation under Kansas traffic law?
The basic definition of a moving violations is one that occurs when the vehicle is in motion, according to Overland Park trial lawyers Roth Davies LLC. So moving violations are not just speeding related, but also can be impaired driving, running a red light and more.
But there is some wiggle room when it comes to reportable speeding violations, according to Kansas officials.
“The law states speed violations of 10 or less miles per hour over the speed limit in 55 to 75 mile per hour zones will not count as moving violations for purposes of driving records,” the Kansas Highway Patrol’s website reads.
In 2022, 14,410 tickets were issued in Wichita for speeding over the posted limit, as reported in The Wichita Eagle’s ticket database. That figure does not include offenses like speeding in a construction or school zone. The fine for speeding 1 mph over the limit is $76.50, and increases by $5 for every mile over.
What is considered a non-moving violation in Kansas?
As for non-moving violations, Kansas law reads they are “any conviction or forfeiture of bail or bond for violating a maximum posted or authorized speed limit of 30 miles per hour or more but not exceeding 54 miles per hour on any highway, by not more than six miles per hour, shall not be construed as a moving traffic violation.”
Another Kansas statute reads that violating the speed limit by no more than 6 mph in a speed limit between 30 and 54, and violating the speed limit by no more than 10 mph in a 55 to 75 zone will not go on your driving record.
“[The violation] shall not be reported by the division and shall not be considered by any insurance company in determining the rate charged for any automobile liability insurance policy or whether to cancel any such policy,” the statute reads.
So though you may be ticketed, under these circumstances, it would not be reported for insurance purposes.
Non-moving violations can also include not wearing a seat belt, having an expired registration and texting while driving. Unlike moving violations, these non-violations can occur when the vehicle isn’t in motion.
Tips for driving safely in traffic
It can be frustrating being stuck in traffic when running late, but it is especially important to be cautious in heavy-traffic areas.
If you do know you’ll be crunched for time on your commute, checking your route ahead of time to plan for traffic is a good idea. Here are some other safety tips from insurance company State Farm:
- Stay at least 3 seconds away from the car in front of you
- Avoid driving distractions, like phone calls and eating
- Don’t weave between lanes
- Avoid frequent braking when possible
- Don’t forget the basics, like using your turn signal and mirrors
