Kansas

Is it legal to speed in order to pass someone on Kansas roads? See what the law says

Can you get pulled over for speeding to pass someone in Kansas? Take a look at state law.
Can you get pulled over for speeding to pass someone in Kansas? Take a look at state law.

It’s happened to everyone — you’re running late on your morning commute, and you’re stuck behind a driver who’s going a little slower than you’d like them to go.

But let’s say they’re going the speed limit, and you’d have to speed above it to safely pass them. Is that legal? Could you get pulled over for speeding, even if you return to the posted speed limit once you’re done?

No matter the reason, it is illegal in Kansas to drive above the speed limit, even if it is to keep up with the flow of traffic or pass someone who’s going slow. There is a common theory that you can go 5 miles over without the threat of being ticketed, but that’s false, too.

“The speed limit is exactly that: a limit,” the Kansas Highway Patrol’s website says.

How do you legally pass a vehicle in Kansas?

Kansas does have some laws in place when it comes to passing other vehicles on roadways.

According to Kansas Statutes, vehicles have to pass to the left at a “safe distance” and cannot move to the right again until there is sufficient distance between them and the passed driver.

The driver of the slower vehicle has to give the right of way to the vehicle passing them and “shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.”

The same laws apply to those passing bikes on the road.

What are the penalties for speeding in Kansas?

If you do get pulled over for speeding when passing someone, the ticket depends on how fast you’re going. Your speed also determines if it goes on your permanent driving record.

“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 Kansas, the fine for speeding 1 mile per hour over the limit is $76.50, and it increases by $5 for every mile over.

This story was originally published July 15, 2024 at 1:47 PM with the headline "Is it legal to speed in order to pass someone on Kansas roads? See what the law says."

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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