xt7mgq6r2g44 https://exploreuk.uky.edu/dips/xt7mgq6r2g44/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1964-09 bulletins English Frankford, Ky. : Dept. of Education This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Supplement to the 1962 Edition of the Kentucky Common School Laws", vol. XXXII, no. 9, September 1964 text
volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. Educational Bulletin (Frankfort, Ky.), "Supplement to the 1962 Edition of the Kentucky Common School Laws", vol. XXXII, no. 9, September 1964 1964 1964-09 2022 true xt7mgq6r2g44 section xt7mgq6r2g44

0 Commonwealth of Kentucky 0

i; EnucAnouAL‘BULLETIN

E
‘ SUPPLEMENT
- to the
‘ 1962 Edition

of the
. KENTUCKY
COMMON SCHOOL

LAWS

I; Published by
4

g DEPARTMENT OF EDUCATION

HARRY M. SPARKS
Superintendent of Public Instruction

ISSUED MONTHLY

Entﬂ'Ed as second-class matter March 21, 1933, at the post office at
$- Fiankfort, Kentucky, under the Act of August 24, 1912.

POSTMASTER: SENDNOTICES 0F
‘ CHANGES OF ADDRESS ON FORM 3579

VOL. XXX” SEPT, 1964 NO. 9

Le;

(11‘

21111
CO

11111

FOREWORD

The laws affecting education passed by the 1964 Session of the
Legislature are contained herein.

Kentucky Revised Statutes sections which have been amended
or repealed are listed.

It is suggested that sections which have been repealed or
amended be so marked in the 1962 Edition of the KENTUCKY
COMMON SCHOOL LA\VS. It can then be readily determined
What laws are, in effect.

There are included, also. Decisions of the Court of Appeals 0f
lientueky which have been decided since the 1962 Edition of the
School Laws was published.

f This bulletin, together with the 1962 Edition of the School Laws,
ul‘nlshes a complete set of laws and court decisions to date.

HARRY M. SPARKS
Superintendent of Public Instruction

TABLE OF CONTENTS

Chapter Page
I General Provisions ..................................

II Department of Education ............................. 18

III State Support of Education 21

IV Conduct of Schools ................................... 25

V School Districts ........................... t ........... 29

VI School Eiiiploycs, Teachers’

Retirement and Tenure 30

VII School Property and Buildings ........,.........---.. 53

VIII Vocational-Education and 55
Rehabilitation .......................................

IX State Universities and Colleges ............,........~ 56

X Educational Television 58

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CHAPTER I
GENERAL PROVISIONS

Amended KRS New KRS Added KRS
61.680 56.467 118.080
107.140 56.495 118.130
133.185 178.290 118.240
186.060 199.335 133.160
189.040 406.011 133.170
189.370 406.031 133.180
189.375 406.051 319.010
189.450 319.015 (new)

PUBLIC SCHOOL AUTHORITY

. 56.467 Commission to act as Kentucky Public School Author-
lty- The commission shall act in the capacity of and exercise the
Ppuers of the Kentucky Public School Authority under the pro-
VlSlOnS of KRS 162.510 to 162.620 for the purpose of assisting
hoards of education of any county or independent school district

mimgn’zcjng public school building projects and undertakings. (1964,
c' 7

R[EVENUE BONDS—STATE COLLEGES AND UNIVERSITY

56.495 Kentucky university and college projects, approval,
Procedure on bonds. The Boards of Regents of the respective state
00119895 and the Board of Trustees of the University of Kentucky
In? 155119: under the provisions of KRS 162.340 to 162.380, con-
so ldfltEd educational building revenue bonds or housing bonds,
$23151“ that prior to seeking the final approval required by KRS
Init to, 3:6 board'of‘ the state college or of the university shall sub—
proval fe commissmn, through the departmentaa request for ap-
may b 0 the proJect before any finanmal commitment of any sort
architetmade .111 connection therewith, including employment or
ineludeee S7 engmeers, fiscal agents or attorneys. _The request shall
tion a a general description of the project and its need, use, loca-
mayyrfpriommate Slze and such other information as the department
appoingufl're' After approval by the commission, the department shall
asma b130a1 agents, bond counsel and architects and engineers
arrany e requlred to make plans and specifications or financ1al
gements for the project. (1964, c. 7, § 5)

wuwwamuunmm-V v. .

RECIPROCAL ARRANGEMENTS AMONG RETIREMENT SYSTEMS

61.680 Consent of members to deductions; reciprocal arrange-
ments among systems. (1) Every member shall be deemed to
consent and agree to any deduction from his compensation required
by KRS 61.510 to 61.700 and to all other provisions thereof.

(2) Notwithstanding the provisions of subsection (1) hereof,
the Board of Trustees is authorized to exempt, under regulations
promulgated by it, those persons entering service of a participating
department with service credit in either the County Employes Re-
tirement System or the Teachers Retirement System who desire to
remain with the system in which their service originated and who
are permitted by that system so to continue. Authority for reciprocal
arrangements among these three systems is recognized.

(3) Reciprocal rights provided for in subsection (2) of this
section may be exercised retroactively by a member in service 011
or after July 1, 1964. (1956, c. 110, § 35; 1960, c. 165, Part II, §16;
1964, c. 86, § 7)

Note: 1964 amendment to KRS 61.680 takes effect July 1, 1964.

BENEFITED PROPERTY

107.140 Benefited property, what constitutes, assessment of
governmental property; procedure against state. (1) (a) In the
case of improvements of public ways, the benefited pr0pel‘ty Sha
consist of all real property abutting upon both sides of the improl’e‘
ment project, and the cost of improving intersections shall be 111‘
eluded in the total costs to be assessed and apportioned, unless and
t0 the extent the city shall appropriate, within constitutional 11111-
itations, from available funds, definite and specified sum as a 0011'
tribution thereto, or a portion of the aggregate cost, or the 005t
of specified portions of the improvement; provided, however, that
if provisions shall be made for sidewalk improvements, 215.3111?
tegral part of the improvement of a “public way,” as deflnedlil
subsection (3) of KRS 107.020, upon only one side of the ProJec’
the costs of the sidewalk improvement shall be ascertained. and 5115
sessed separately against the property abutting upon that Slde 0111;!
but the governing body may provide that such assessment shalhln
elude a fair share of the over-all costs as herein defined, othert a
the amounts of the actual construction contracts.

(b) In the case of improvements for draining sewa 100n-
water, or a combination thereof, the benefited properties shald aill‘
sist of all properties which are thereby afforded a means of 1‘S 0
age, including not only the properties which may be contlgllolllla e
the improvements, but also adjacent properties withln 3 reasodinas
distance therefrom as the governing body may in the procee a
set forth.

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(c) In the case of an improvement project consisting in whole
or in part of a sewage treatment plant, or enlargement or substan-
tial reconstruction of an existing sewage treatment plant, the bene-
fited properties shall be all those properties the sewage from which
is treated in such plant, including properties already provided with
sewer drainage facilities as well as those properties which the im-
provement project will provide with such drainage facilities, but
the governing body may classify properties according to the extent
of benefits to be afforded to them. and may establish one rate of
assessment applicable to all properties participating in the benefits
of the sewage treatment installations. and an additional rate of
assessment applicable to properties for which the improvement
project will also provide sewer drainage facilities.

_ (d) The governing body may, either in the proceedings initi-
ating an improvement project. or in subsequent proceedings, rec—
ognize the necessity or desirability in the interest of the public
health, safety and general welfare, that properties other than the
Properties originally benefited by an improvement under paragraphs
(bl01‘ (c) of this subsection, be permitted to connect to such sewer
[#3111326 and/or treatment facilities. and may make equitable pro-
"13l011ﬁ Which may be adjustable from year to year as bonds are
retired, whereby the owners of such later—connecting properties,
1nay,by paying charges for the privilege of connecting, and/or by
assummg a share of improvement assessments, or otherwise, be
PlaCEd as nearly as practicable on a basis of financial equity with
the owners of properties initially provided to be assessed.
ﬂtintfegnqj‘l}: governing body may, either in the proceedings initi-
Hizebthe neePI‘Oyement prOJect, or in subsequent proceedings, recog-
Safety and :ss1ty or desn'ability in the interest of the public health,
thousand f bteneral welfare that res1dent1al properties Within one
ﬂities of th:eﬂ,.measured along paved roads, of a fire hydrant in

. 11rd through Sixth classes may be assessed on the same

has.“ as property abutting upon a street where a fire hydrant is to
einstalled.

0l\’ne((12)b (at) Benefited property owned by the city‘or county, or
Such prey he _United States Government or any of its agenmes, 1f
assessed perty 1s subgect to assessment by Act of Congress, shall be
e annuaimuauy the same, as private property, and the amount of
Slates G: assessment shall be paid by the city, county, or United
Shall i Vernment, as the case may be. The same right of action

e against the county as against a private owner.
lhetitl: fienﬁ‘lted' property owned by the state, except property
a distri t “ ich is vested in the Commonwealth for the benefit of
0 board of education pursuant to KRS 162.010, shall be

assessed as follows: Before assessing the state, the governing body
shall serve written notice on the Commissioner of Finance setting
forth specific details including the estimated total amount of any
improvement assessment proposed to be levied against any state
property relative to any proposed improvement project. Said written
notice shall be served prior to the next regular session of the Gen—
eral Assembly so that the amount. of any specific improvement as-
sessment may be included in the biennial budget report to be sub-
mitted to the General Assembly. Payment of any assessment shall
be made only from funds specifically appropriated for that assess-
ment. If an amount sufficient to pay the total amount of any assess-
ment has been appropriated, then the total amount shall be paid;
if an amount sufficient only to pay annual assessments has been
appropriated, then only the. amount of the annual assessment shall
be paid. The amount of the assessment shall be certified by the
city treasurer to the Department of Finance, which shall thereupon
draw a warrant upon the State Treasurer, payable to the city treas-
urer, and the State Treasurer shall pay the same. .

(c) In the case of property the title to which is vested 1n the
Commonwealth for the benefit of a district board of education, the
amount of the annual assessment shall be paid by the city 01‘ other
local governmental agency or authority which undertook the 1m-
provement project.

(3) No benefited property shall be exempt from assessmegﬁt-
(1956, c. 239, § 14; 1960, c. 226, § 5; 1964, c. 161, § 3; 1964; 0'1 7
§ 1)

Note: Subsection (1) was amended by 1964 Acts Chapter 161 while subsection
was amended in 1964 by Acts Chapter 175.

(2)

ELECTIONS—BOARD MEMBERS

118.080 [1453; 1454] Nomination for regular election by P3“;
tion. (1) A candidate for any office to be voted for at any .1135; :0
election may be nominated by a petition of electors quallflg this
vote for him, complying with the provision of subsection (2) 0
section.

(2) A petition of nomination for a state officer, or any Offhflr
for whom all the electors of the state are entitled to.vote, :resS
contain one thousand petitioners; for a representatlve 1n Gonbther
from any Congressional district, or for any officer from 21113:?“ a
district except as herein provided, four hundred petitioners, dre
county officer or member of the General Assembly, 011e ﬁssion
petitioners; for an officer of a precinct or ward, or other ltitioﬂ
less than a county, twenty petitioners. The signatures of the peunte
need not be appended to one paper. No petitioner shall be (“if any
unless his residence and postoffice address are demgnated'

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ﬂy ) person joins in nominating, by petition, more than one nominee for

[lg any office to be filled, he shall not be counted as a petitioner for

“5' ‘1 either nomination. The petition shall state the name and residence

“t5 of each of the candidates, that he is legally qualified to hold the

en office, and that the subscribers desire, and are legally qualified, to

‘n— vote for the candidate. The petition shall designate a brief name

‘3' or title of the party or principle that the candidate represents, to-

b‘ gether With any simple figure or device by which it is desired that

f“ he be designated on the ballots. (1964, c. 83, § 3)

:S- (1962) A good faith purpose to nominate a candidate for public office should be recog-

35‘ nlzed unless "plan or manifest purpose of the law" demands a decision invalidating "\
d; ‘ the petition. Carter v. Hendrickson. 361 S. W. (2d) 102. ~-
en

111 ‘ 118.130 [1456; 1482; 1520a-15] W'hen certificates and petitions

he of nomination to be filed. (1) Certificates of nomination issued

m ,- by the State Board of Elections shall be filed by that board With
[3. the Secretary of State immediately. Such certificates issued by the

/ county election commission shall be filed by that commission With
16 the county clerk immediately.

, (2) Certificates of nomination made by the governing authority
er ’ 0“ Party to £111 vacancies in office, as provided in KRS 119.030,
n- , Shall, When required to be filed with the Secretary of State, be filed
not 1.955 than fiftY-five days before the day fixed by law for the
It ’ election of the person in nomination. When required to be filed
57 , ﬁlth the county court clerk, they shall be filed not less than forty-
, _Ve days before the day fixed by law for the election of the person

2) 111 nomination.
> tionsti)diﬂxceptas provided in subsection (4) of this section, peti-
: 118 09011 1(:ertificates of nomination made under KRS 118.080 and
7i- t be tiled W en required to be filed With the Secretary of State, shall
for the ﬁlolfilless than fifty-five days before the day fixed by law
With th 0 mg of primary elections. When required to be filed j
. e county court clerk, they shall be filed not less than forty- i

f
tidyisdays bEfore the day fixed by law for holding of primary elec- ;

ll , 118 (4) Petitions and certificates of nomination made under KRS

”ices 0:“; 118.990 for the nomination of candidates for city
he filed m; leandldates for members of boards of education shall
the day fix (less than fOI‘ty-flve nor more than Sixty days. before
[ eXeept thate hy law for the election of the person in nomination,
1 graded Sehoovlv defe any independent school district or independent
' petitions or c tl'sft-rmt Comprises parts of. two or more counties the
‘ not less than ff] lattes Shall be filed With the Secretary of State
I‘ 0 e pers .1 ty‘lee days prior to the day fixed for the election
1 on in 110mmation. Certificates of nomination for electors

in ._..:.._._us._.,_,. .

of President and Vice President of the United States shall be filed
with the Secretary of State not less than fifty-five days prior to

the date fixed by law for the election of such electors. (1942, e.
174, § 4; 1946, c. 242, § 6; 1964, c. 142, § 3)

118.240 [1470; 1481] Challengers at regular elections. (1) The
county executive committee of any political party having a ticket
to elect at any regular election, may designate not more than two
challengers to be present at and witness the holding of the election
in each precinct in the county. The challengers shall be entitled
to stay in the room or at the door. The challengers shall be ap—
pointed in writing signed by the chairman of the committee and
shall produce written appointments on demand of any election
officer.

(2) Any school board candidate, independent candidate, 01‘
independent ticket at the regular election may designate not 1110“?
than one challenger to be present at and witness the holding of
the elections in each precinct in the county. The challenger Shall
be entitled to stay in the room or at the door. The challenger $11311
be appointed in writing by the chairman of the committee, mele-
pendent candidate or candidates representing a ticket, and 811811
produce written appointment on demand of any election officer.

(3) Each challenger shall take the following oath: “-YOU do
solemnly swear that you will faithfully and impartially chscharge
the duties as official challenger assigned by law; that you ,WIH mt
cause any delay to persons offering to vote, further than 15 neces-
sary to procure satisfactory information of the qualification of such
person as an elector; that you will use no means to influence a
voter; and that you will not disclose to any person how any elector

has voted.” (1964, c. 142, § 5)
118.300

(1963) Making and signing of oath was mandatory before voter c
voting on voting machine, and voters registered with help Without
Mills v. Broughton, 365 S. W. (2d) 315.

ould obtain help “1
oath were “19%

ASSESSMENT OF PROPERTY FOR TAXATION

133.160 [4114i-16; 41141-17] Notice of assessment ra1sed by i):
partment; to whom given; contents. When it is contemplat:le ai-
the Department of Revenue that it will be necessary to_ralse i'ee 0
sessed valuation of property in any county, it shall giye millnt 0
the contemplated action to the county court, the Superinteﬂ Gram
any school district affected by such action, the mayor Of ani’nd to
which is affected and which has adopted the assessmentha sha
the taxpayers of that county through the county JUdge! 2:10,: 0 the
post the notice sent him on the courthouse door and Gert”

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Department of Revenue that this has been done, and it shall fix
ed > a time and plaCe for a hearing which may be in Frankfort or any
to convenient place in or nearer the county seat. If the property of
c J an individual owner is singled out for an increase, the owner shall i
be notified by the Department of Revenue by registered mail. (1942, ‘
c.13l, §§ 24, 32; 19—16, c. 233, § 3; 1964, c. 141, § 17)

he Note: The 1964. amendment to KRS 133.160 takes effect July 1, 1964. l
:et 1
N0 ‘ 133.170 [41141—18] Certification of equalization; fiscal court may ,1
011 ; appeal. (1) When the Department of Revenue has completed its 1
ed equalization of the assessment of the property in any county, it shall '
lp— certify its action to the county judge, with a copy of the certifica— \ i
ml l tion for the county clerk, to be laid before the fiscal court of the i
011 county. 1

(‘2) If the fiscal court deems it proper to ask for a review of

2: ,v the equalization, it shall direct the county attorney to prosecute

f an appeal to the Kentucky Board of Tax Appeals as provided by

:11 ,1 law. (1964,0141, § 18)

ill ‘ Note: The 1964 amendment to KRS 133.170 takes effect July 1, 1964.

lc- "

all 1 133.180 [4128a—2] Certification by department to county clerk;

3r. ' CBrtlfication of tax book; effect. When the Department of Revenue

i0 1 has completed its action on the assessment of property in any

g9 90111132 it shall, not later than June 20, certify to the county clerk

ot ‘ the assessment and the amount of taxes due. The Department of

as- ' Revenue. shall charge the amount of taxes due from the county to ‘

[311 ﬁg? Shel‘lff 0f the county. “Then any item of property is in process I . l
a l 0 ‘alllpeal and the valuation has not been finally determined, the
or ,‘ celtlfication of such property shall be based on the valuation ‘

K 21;}in by the taxpayer as the true value. The county clerk shall
. ihelk'tlhe certiﬁcation to the tax books and enter it of record in l
m ' 01(01‘ book, and it shall be the sheriff’s or collector’s warrant

.1. f . ' i
.a 10] the Collection of taxes. (1949: ex. S" c" 2’ § 9; 1960’ c. 186, Art. i
.§38; 1961, c. 141, § 19) i

, NW: The 1964 amendment to KRS 133.180 takes effect July 1, 1961.
le-
)y 1 “we???” Tax rate not to be fixed until assessment is certified
'5' “ Merv S 133-180- No tax rate for any taxing district imposing
0f 353%: “1301} the county assessment shall be determined before the
0f l eolmitsnmnt ls certified by the Department of Revenue to the county
l)’ . ‘elel'k as provided in KRS 133.180. (1942, c. 131., §§ 26, 32;

49
t0 ‘ ’EX- Sv 0- 2-. § 10; 1964, c. 141, t 21)
ill i Note: Th 19 i
e (34 amendment to KRS 133.185 takes effect July 1, 1964.

CONSTRUCTION OF SIDEWALKS—COUNTY ROADS

178.290 [4318] Construction of sidewalks along public roads.
Any person may build a sidewalk, composed of gravel, concrete or
other suitable material, along the side of any public road in this
state. The sidewalk shall not exceed sixty inches in width and the
construction and repair and the use of the sidewalk shall be With-
out expense of any kind to any other person who may want to use
it. All persons who desire shall be permitted to use the sidewalk,
and it shall be so constructed as not to interfere with the traveling
public on any public road. The fiscal court of any county may build
and repair sidewalks along public roads where the need exists for
the safety of school children. Before the beginning of construction
of the sidewalk, written approval must be obtained from the gov-
ernmental agency having jurisdiction over the public road. (1964,
c. 51, § 1)

MOTOR VEHICLES—BUSES

186.060 [2739g-7] Motor vehicles owned by governmental units.
(1) Applications for registration of motor vehicles owned exclu-
sively by a county, city or board of education in the state or by
the state or Federal government shall be accompanied by a Stat?’
ment from the head of the department of the governmental un}t
that owns the motor vehicle, certifying that the motor vehicle is
exclusively owned and operated by the governmental unit. The ap‘
plication and statement shall be forwarded by the county clerk
to the department, which shall give special authority to the clerk
to register it. Upon receiving that authority the clerk shall issue
a registration receipt and the official number plate described 111
KRS 186.240 (3), and report the registration to the headbf the
department authorizing the registration. For his services in issuing
such certificate of registration and number plate and reportmg the
same, the county clerk shall be entitled to a fee of fifty centsm
each instance, to be paid by the department upon whose authoriza'
tion such license was issued.

(2) After such registration of any vehicle owned exclusweiy
by a county, city or board of education in the state 01‘ by the gut}:
or federal government and after issuance of such number plate 2
such vehicle so owned, no subsequent registration or Tﬁnewa’. 1e
same, and no subsequent renewal of a number plate of sald. vehlc
shall be necessary so long as said vehicle is owned excluswely 0y
such governmental unit except in the case of loss or dGStTPthni
said license plate. In the event of such loss or destruction, sa
number plate shall be replaced in the same manner as If 110 p
had ever been issued.

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(3) When a motor vehicle owned exclusively by a county, city

,ds. ) or board of education in the state or by the state or federal gov-
or ‘ eminent is transferred or sold to another governmental unit a new
his ) license plate shall be issued for the vehicle in the same manner as
the , provided for in subsection (1) of this section and shall have the
th- , same effect as given to such license plates in subsection (2) of this
139 section.
“9 ~. (4) No person shall use on a motor vehicle, not exclusively
113' owned by a county, city board of education in the state, or the state
ltd ' 01' federal government, any license plate that has been issued for
W use on a motor vehicle owned by such a governmental unit. (1946,
*0“ ‘ Q»122;1948, e. 126, §§ 1, 2, 3; 1.064, c. 148, § 1) \~
)V-
54* 189.040 [2739g—24] Front lights; flashing lights. (1) Every
motor vehicle other than a motorcycle or motor-driven cycle shall be

. eflllipped with at least two head lamps with at least one on each
‘ Slfle 0f the front of the motor vehicle, which head lamps shall comply
ts. J With the requirements and limitations set forth in this section.

[11- i .(Ql Every motorcycle and every motor—driven cycle shall be

by ‘ “Illlpped with at least one and not more than two head lamps

t6 Which Shall comply with the requirements and limitations of this

Ill 4 section.

1:5 i, allXiliii' defept as hereinafter provided, the head lamps or .the

rk lions mi" IEVIHg‘ lamps or 'the auXIliary passmg‘ lamp or combina-

rk ) driven e$810 (111 motor vehicles other than a motorcycle or motor-

ue Selection}: 6; s all be so arrangedthat the driver may control the

in \ tions sub'e ween distribution of light prOJected to different eleva- 3

lie 1 w Ject t0 the following remiirements and limitations: l ,3

1g , Dositgalbeglrlnere shall be an uppermost distribution of light, or com- l

‘ie t and VGhicles7 S: alnied and of such intens1ty as to revealpersons ,

in ' ahead for alla a (11stance of at'least three hundred and fifty feet

3— conditions of loading; t
DOSitibhegﬁlere shall be a lowermost distribution of light, or com- ,

ly - and Vehicles SOt aimed and of sufficient intensity to reveal persons

te , 011 a Straimhtai a distance of at least one hundred feetahead; and

)1. the high~iiiten .936 road under any condition of loading,r iione‘of

)f te eves of/a SI) portion of the beam shall be directed to strike

[e ‘v (‘0) Everr: approaching driver;

1y driVen cvele .‘rilsvtmotor vehicle, other than a motorcycle pr motor-

)f l as mlﬂtiplelib rslS/(‘red in this state after January 1,, 1906, which

(1 l ab * , eam road-lighting equipment shall be equipped With

t l' earn indicat
(istribution of

012 erwiSe be 1

0t, which shall. be lighted whenever the uppermost
llght from the head lamps is in use, and shall not
1ghted. Said indicator shall be so designed and

located that when lighted it will be. readily visible without glare
to the driver of the vehicle so equipped.

(4) \Vhenever a motor vehicle is being operated on a roadway
or shoulder adjacent thereto during the. times specified in KRS
189.030, the driver shall use a distribution of light, or composite
beam, directed high enough and of sufficient intensity to reveal
persons and vehicles at a safe distance in advance of the vehicle,
subject to the requirements and limitations hereinafter set forth.

(5) \Vhenever a driver of a vehicle approaches an oncoming
vehicle within five hundred feet, such driver shall use a distribu-
tion of light, or composite beam, so aimed that the glaring rays are
not projected into the eves of the oncoming driver. The lowermost
distribution of light, or composite beam. specified in paragraph
(b) of subsection (3) of this section above shall be deemed to av01d
glare at all times, regardless of road contour and loading.

(6) \Vhenever the driver of a vehicle follows another vehicle
within two hundred feet to the rear. except when engaged in the
act of overtaking and passing. such driver shall use a. distribution
of light permissible under this act other than the uppermost (lIS-
tribution of light specified in paragraph (a) of subsection (3) Of
this section.

(7) Headlights arranged to provide a single distribution 0f
light not supplemented by auxiliary driving lights shall be per—
mitted on motor vehicles manufactured and sold prior to 3121330:
1939, in lieu of multiple—beam road lighting equipment, it the Single
distribution of light complies with the following requirements and
limitations: _ .

(a) The headlights shall be. so aimed that when the vehicle IS
not loaded none of the high intensity portion of the light Shall, at
a distance of twenty-fivefeet ahead, project higher than a 167’;
of five inches below the level of the center of the light from “’1“ch
it comes, and in no case higher than forty-two inches aboveflf:
level on which the vehicle stands, at a distance of seventy-1V
feet ahead;

(b) The intensity shall be sufficient to reveal persons an
vehicles at a distance of at least two hundred feet; an

(0) Whenever the operator of a motor vehicle approa‘jhesbu.
oncoming vehicle within five, hundred feet, he shall use a dlsmare
tion of light or composite beam so aimed that the 9413mm raysshall
not projected into the eyes of the oncoming driver. In no case to-
the high intensity portion which is projected to the left of the’oiiher
longation of the extreme left side of the vehicle be 3111151111560
than the center of the lamp from which it comes at a dIStanfzrty,
twenty-five feet ahead, and in no case higher than a level 0f

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two inches above the level upon which the vehicle stands at a
distance of seventy—five feet ahead.

(8) Flashing lights are prohibited 011 all motor vehicles except
as a means for indicating a right or left turn. This subsection shall
not apply to authorized emergency vehicles or wreckers; to public
utility repair vehicles at the scene of an emergency repair job; to
any vehicles operated by mail carriers while on duty; to highway
equipment while performing work that requires stopping and stand-
ing or moving at slow speeds within the traveled portions of high-
ways; or to school buses.

(9) No person shall drive or move any vehicle or equipment
upon any highway with any lamp or device thereon displaying a
red light visible from directly in front. This subsection shall not
apply to authorized emergency vehicles.

_(10) All wreckers when in use at the scene of a motor vehicle
accident shall display at least one yellow flashing light clearly
\‘1s1ble to all vehicles approaching the scene of the accident.

(11) Bicycles need have only one light in front which will
1‘0\'_eal clearly substantial objects at least fifty feet ahead. (1950,
‘3- 32, § 1; 19541, c. 218, § 1; 1960, e. 51; 1964, c. 65, § 1)

18908lgote: 1964 Act amended subsection (8) only.

iizgiiﬂcourt properly refused instruction on duty of motorist to sound horn where

were teslsa of whlch version of how plaintiff child was struck by motorist‘s automobile

\Var . 0 e aCCEDtEd by Jury, accident was not due to any failure by motorist to give
“‘“E- Pearce v. Rawlings, 373 s. W. (2d) 426.

ch 189370 l2?3_9g'-46a; 2739g-691] Passing stopped school or
urch bus prohibited; exceptions. (1) Whenever any school bus
01‘ Church bus used in the transportation of children is stopped upon
:lellg‘hway fOI‘ the purpose of receiving or discharging passengers,
I‘intmhei‘ator .of a vehicle approaching from any direction shall
tempgt tIS Vehicle to a complete stop and shall'not startnp or at-
passenoo pass until the bus has completed receiving or discharging
requirgfrs and has been put into motion; provided,' that this stop
directiodegt Shall not apply to Vehicles proceeding in the opp0s1te
hi 1“ rom a church or school bus which is stopped upon a
_g Vay where multi-lane roadways providing for opposite direc-

thnS \ Sepalated b)
i of 1 .
101] 1'3, 761 ale I l 7 d p ’ 1

11s 1()(Zgllngltbseclfion (1) shall be applicable only iirthe event the
t e Words “I81 :1 e front, and‘ rear a plainly vis1ble sign containing
in lette' 0 Ool Bus or 'Church Bus,” whichever is appropriate,

IS not less than s1X inches in height, which can be covered

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