State

Broken down on the side of a Kansas road? How long you can legally leave your car

If your car begins to have issues while you’re on the highway, it can be difficult to know what to do.

Pulling over may not be ideal, especially when in heavy traffic, but if you find yourself with a flat tire or a broken down car, it may be your best option. Is it legal to pull over and park along a Kansas highway? How long can you leave a vehicle there?

We asked the Kansas Highway Patrol what happens to the vehicles left on the side of roadways. Here’s what to know.

What happens to abandoned vehicles on Kansas highways?

According to the Kansas Highway Patrol, vehicles left on the side of roadways in Kansas are governed by state Statute 8-1102.

The law reads, “A person shall not use the public highway to abandon vehicles or use the highway to leave vehicles unattended in such a manner as to interfere with public highway operations.”

If a vehicle is abandoned, the agency with jurisdiction over that section of roadway can remove and impound the vehicle if it interferes with traffic or if it has remained in that location for 48 hours.

The agency can then dispose of the vehicle after a specific amount of time, but under the law, must follow steps to insure the owner of the vehicle is aware.

First, the agency must find the owner of the vehicle and mail a notice regarding the vehicle’s impoundment.

“The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by such public agency on it within 15 days from the date of the mailing of the notice, that it will be sold at public auction to the highest bidder for cash,” the law reads.

After those 15 days are complete, the agency is required to publish notice of the abandoned vehicle, including information on where it was abandoned, in a newspaper.

Once these steps are complete, the agency is allowed to sell the vehicle at public auction.

According to the statute, anyone who abandons a vehicle in a location that does not belong to them is guilty of criminal trespass, which is defined in Kansas Statute 21-5808.

The Wichita Eagle reached out to Kansas Highway Patrol on how often the agency removes abandoned cars.

Do I need to move over for stalled vehicles in Kansas?

It can sometimes be difficult to know if a car parked along the highway is abandoned or if someone is inside it. So even if you’re unsure, it’s best to move over anyway when approaching a vehicle in the shoulder.

That’s because a relatively recent law, that took effect March 2025, requires driver to move over to the nonadjacent lane when approaching a stalled vehicle on a Kansas roadway.

“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 ... shall change lanes into a lane that is not adjacent to that of the stationary vehicle,” the law reads.

However, there may be some cases where moving over is not possible. In those cases, the law tells drivers to proceed with caution.

“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,” the law continues.

Lindsay Smith
The Wichita Eagle
Lindsay Smith is a suburban news reporter for the Wichita Eagle, covering the communities of Andover, Bel Aire, Derby, Haysville and Kechi. She has been on The Eagle staff since 2022 and was the service journalism reporter for three years. She has a degree in communications with an emphasis in journalism from Wichita State, where she was editor-in-chief of the student newspaper, The Sunflower, for two years. You can reach her via email at lsmith@wichitaeagle.com.
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