A. 1. Notwithstanding any other provisions of the uniform act regulating traffic on highways, when a person is stopped by a police officer for any of the offenses described in subsection (D) and such person is not immediately taken before a municipal court, the police officer may require the person stopped, subject to the provisions of subsection (C), to deposit with the officer a valid Kansas driver's license in exchange for a receipt therefor issued by such police officer, the form of which shall be approved by the division of vehicles. Such receipt shall be recognized as a valid temporary Kansas driver's license authorizing the operation of a motor vehicle by the person stopped until the date of the hearing stated on the receipt. The driver's license and a written copy of the notice to appeal shall be delivered by the police officers to the court having jurisdiction of the offense as soon as reasonably possible. If the hearing on such charge is continued for any reason, the judge may note on the receipt the date to which such hearing has been continued and such receipt shall be recognized as a valid temporary Kansas driver's license until such date, but in no event shall such receipt be recognized as a valid Kansas driver's license for a period longer than thirty (30) days from the date set for the original hearing. Any person who has deposited a driver's license with a police officer under this subsection shall have such license returned upon final determination of the charge against such person.

2. In the event the person stopped deposits a valid Kansas driver's license with the police officer and fails to appear in the municipal court on the date set for appearance, or any continuance thereof, and in any event within thirty (30) days from the date set for the original hearing, the court shall forward such person's driver's license to the division of vehicles with an appropriate explanation attached thereto. Upon receipt of such persons's driver's license, the division shall suspend such person's privilege to operate motor vehicles in this state until such person appears before the court having jurisdiction of the offense charged, the court makes a final disposition thereof and notice of such disposition is given by the court to the division. No new or duplicate license shall be issued to any such person until such notice of disposition has been received by the division. The provisions of KSA 8-256 and amendments thereto, limiting the suspension of a license to one year, shall not apply to suspensions for failure to appear as provided in this subsection.

B. No person shall apply for a duplicate or new driver's license prior to the return of such person's original license which has been deposited in lieu of bond under this section. Violation of this subsection is a Class C misdemeanor.

C. 1. In lieu of depositing a valid Kansas driver's license with the stopping police officer as provided in subsection (A), the person stopped may elect to give bond in the amount specified in subsection (D) for the offense for which the person was stopped. When such person does not have a valid driver's license, such person shall give such bond. Such bond shall be subject to forfeiture if the person stopped does not appear at the court and at the time specified in written notice provided for in KSA 8-2106 and amendments thereto.

2. Such bond may be a cash bond or a guaranteed arrest bond certificate issued by either a surety company authorized to transact such business in this state or an automobile club authorized to transact business in this state. Any such "guaranteed arrest bond certificate" shall be signed by the person to whom it is issued and shall contain a printed statement that such surety company or automobile club guarantees the appearance of such person and will, in the event of failure of such person to appear in court at the time of trial, pay any fine or forfeiture imposed on such person not to exceed an amount to be stated on such certificate.

3. Such cash bond shall be taken in the following manner: the police officer shall furnish the person stopped a stamped envelope addressed to the judge or clerk of the court named in the written notice to appear and the person shall place in such envelope the amount of the bond, and in the presence of the police officer shall deposit the same in the United States mail. After such cash payment, the person stopped need not sign the written notice to appear, but the police officer shall note the amount of the bond mailed on the notice to appear form and shall give a copy of such form to the person. If the person stopped furnishes the police officer with a guaranteed arrest bond certificate, the police officer shall give such person a receipt therefor and shall note the amount of the bond on the notice to appear form and give a copy of such form to the person stopped. Such person need not sign the written notice to appear, and the police officer shall present the notice to appear and the guaranteed arrest bond certificate to the court having jurisdiction of the offense charged as soon as reasonably possible.

D. The offenses for which appearance bonds may be required as provided in subsection (C) of this section and the amounts thereof shall be as follows:

Reckless driving--Seventy-four dollars ($74.00);

Driving when privilege is canceled, suspended or revoked--Seventy-four dollars ($74.00);

Failure to comply with lawful order of officer--Forty-nine dollars ($49.00);

Registration violation (registered for twelve thousand (12,000) pounds or less)--Forty-four dollars ($44.00);

Registration violation (registered for more than twelve thousand (12,000) pounds)--Eighty-four dollars ($84.00);

No driver's license for the class of vehicle operated or violation of restrictions--Forty-four dollars ($44.00);

Spilling load on highway--Forty-four dollars ($44.00);

Overload:

Gross weight of vehicle or combination of vehicles--an amount equal to the fine plus docket fee to be imposed if convicted,

Gross weight upon any axle or tandem, triple or quad axles--an amount equal to the fine plus docket fee to be imposed if convicted;

Failure to obtain proper registration, clearance or have current certification as required by KSA 66-1324, and amendments thereto--Two hundred sixty-four dollars ($264.00);

Insufficient liability insurance for motor carriers pursuant to KSA 66-1128 or 66-1314 and amendments thereto--One hundred fourteen dollars ($114.00);

Failure to obtain interstate motor fuel tax authorization pursuant to KSA 79-34,122 and amendments thereto--One hundred forty-four dollars ($144.00);

Improper equipment (glass or fire extinguishers)--Forty-four dollars ($44.00);

No authority as private, contract or common carrier--One hundred fourteen dollars ($114.00);

No current driver's daily log--Forty-four dollars ($44.00);

Invalid or no physical examination card--Forty-four dollars ($44.00);

Transporting open container of alcoholic liquor or cereal malt beverage accessible while vehicle in motion--Two hundred fifteen dollars ($215.00).

E. None of the provisions of this section shall be construed to conflict with the provisions of KSA 8-1219 et seq. and amendments thereto. (Ord. G-799 § 19, 1995; prior code § 12-132)