Chapter 8, AUTOMOBILES AND OTHER VEHICLES

8-608. Damage actions. In addition to the penalties herein provided, any person who is injured in business or property by any other person or corporation or association or partnership, by reason of any thing forbidden or declared to be unlawful by this act, may sue therefor in an…

8-609. Contracts and agreements in violation deemed void. Any contract or agreement in violation of the provisions of this act shall be absolutely void and shall not be enforceable either in law or equity. History: L. 1937, ch. 166, § 9; June 30.

8-610. Invalidity of part. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. History: L. 1937, ch. 166, § 10; June 30.

8-1001. Tests for alcohol or drugs; request by officer, grounds; administration of tests, when; procedures; immunity from liability; duty to provide driver notice; refusal to comply or test result exceeding limit, license suspension; admissibility and availability of test result;…

8-1002. Test refusal or failure; suspension of license; notice; procedure. (a) Whenever a test is requested pursuant to this act and results in either a test failure or test refusal, a law enforcement officer's certification shall be prepared. If the person had been driving a com…

8-1004. Same; additional test by own physician; effect of denial. Without limiting or affecting the provisions of K.S.A. 8-1001, and amendments thereto, the person tested shall have a reasonable opportunity to have an additional test by a physician of the person's own choosing. I…

8-1005. Evidence; test results admissible in prosecutions; weight to be given evidence. Except as provided by K.S.A. 8-1012, and amendments thereto, in any criminal prosecution for violation of the laws of this state relating to operating or attempting to operate a vehicle while …

8-1006. Same; submission of other evidence; preservation of samples not required. (a) The provisions of K.S.A. 8-1005, and amendments thereto, shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defen…

8-1007. Same; act supplemental; invalidity of part. This act shall be construed as supplemental to existing legislation; and if any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislatu…

8-1008. Alcohol and drug evaluations; when required; providers; reports; standardized substance use evaluations. (a) As used in this section, "provider" means: (1) A professional licensed by the behavioral sciences regulatory board to diagnose and treat mental or substance use di…

8-1009. Determination by prosecuting attorney of whether diversion agreement to be allowed. (a) Upon the filing of a first complaint, indictment or information alleging a person has violated K.S.A. 8-1567, and amendments thereto, or a county resolution which prohibits the acts pr…

8-1010. Severability. If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragra…

8-1011. Immunity from liability for damage to vehicle operated by or in control of person arrested or in custody. A law enforcement officer, and the state or any political subdivision of the state that employs a law enforcement officer, arresting or taking custody of a person for…

8-1012. Preliminary screening test of breath or oral fluid; request by officer, reasonable suspicion; use of results of test; additional tests; approved devices. (a) A law enforcement officer may request a person who is operating or attempting to operate a vehicle within this sta…

8-1013. Definitions. As used in K.S.A. 8-1001 through 8-1018, and amendments thereto: (a) "Alcohol concentration" means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath. (b) (1) "Alcohol or drug-related conviction" means any of the following…

8-1014. Suspension and restriction of driving privileges for test refusal, test failure or alcohol or drug-related conviction; increased penalties for blood or breath alcohol concentration of 0.15 or greater; ignition interlock device. (a) Except as provided by subsection (e) and…

8-1015. Same; authorized restrictions of driving privileges; ignition interlock device; completion of ignition interlock device program. (a) (1) Whenever a person's driving privileges have been suspended as provided in K.S.A. 8-1014, and amendments thereto, such person may apply …

8-1016. Suspension and restriction of driving privileges for test refusal, test failure or alcohol or drug-related conviction; ignition interlock devices; approval by highway patrol; immunity from civil and criminal liability; rules and regulations; payment of fees by device manu…

8-1017. Circumvention of ignition interlock device; penalty. (a) No person shall: (1) Tamper with an ignition interlock device, circumvent it or render it inaccurate or inoperative; (2) request or solicit another to blow into an ignition interlock device, or start a motor vehicle…

8-1019. Victim impact statement and restitution requirements. (a) As used in this section, "alcohol or drug-related offense" means: (1) A violation of K.S.A. 8-1567, and amendments thereto, or any ordinance of a city or resolution of a county prohibiting the acts prohibited by th…

8-1020. Administrative hearing; requirements; procedure. (a) Any licensee served with an officer's certification and notice of suspension pursuant to K.S.A. 8-1002, and amendments thereto, may request an administrative hearing. Such request may be made either by: (1) Mailing a wr…

8-1021. Impoundment of motor vehicle for K.S.A. 8-1567 violation; failure to pay fees or take repossession; disposition of vehicle. If the owner of a motor vehicle which has been impounded pursuant to K.S.A. 8-1567 or K.S.A. 8-1022, and amendments thereto, refuses to pay any towi…

8-1022. Permitting driving in violation of K.S.A. 8-1014; penalties. (a) It shall be unlawful for the owner of a motor vehicle to allow a person to drive such vehicle when such owner knows or reasonably should have known such person was driving in violation of K.S.A. 8-1014, and …

8-1023. Testing not considered medical care; information to be provided law enforcement officer; costs, assessment; privileges not applicable. (a) The testing and method of testing consented to under K.S.A. 8-1001, and amendments thereto, shall not be considered to have been cond…

8-1024. Immunity from liability for persons and entities involved in testing. No medical care facility, clinical laboratory, medical clinic, other medical institution, person licensed to practice medicine or surgery, person acting under the direction of any such licensed person, …

8-1026. Ignition interlock device restriction; reinstatement of driver's license without completion; ignition interlock device program, when; procedures and eligibility. (a) Any person whose license is restricted to operating only a motor vehicle with an ignition interlock device…

8-1101. Abandoning and leaving on highways; definitions. As used in this act: (a) "Public agency" means and includes the department of transportation, the Kansas turnpike authority, a county, city and township. (b) "Motor vehicle" means every vehicle or tractor trailer combinatio…

8-1102. Motor vehicle abandoned on public highway or property open to use by public; public agency may impound; disposition; motor vehicle abandoned on private property; criminal trespass; impounding and disposition of vehicle; notice; required certificate of compliance to a purc…

8-1103. Towed motor vehicles, lien created thereon; procedure; personal property; required certificate of compliance to a purchaser; providing notice of fee; city ordinance or county resolution authorizing the towing of vehicle from private property; limitations on towing vehicle…

8-1104. Sale of vehicles and personal property; verification; notice. (a) Before any such vehicle and personal property is sold, the person intending to sell such vehicle shall request verification from the division of vehicles of the last registered owner and any lienholders, if…

8-1105. Sale, public auction. All sales under this act shall be at public auction, for cash. History: L. 1987, ch. 209, § 3; July 1. CASE ANNOTATIONS 1. Abandoned vehicle sold; case remanded to develop evidence whether notice to lienholder satisfies due process. Citifinancial Aut…

8-1108. Stopping of storage fees; when. Failure to give any notice required under the provisions of this act shall stop the imposition of storage fees, until the notice provisions are complied with in accordance with the provisions of this act. History: L. 1987, ch. 209, § 6; L. …

8-1109. Sale of vehicles by public agency or wrecker or towing service provider; required certificate of compliance to a purchaser. (a) A public agency or person providing wrecker or towing service shall provide a certification of compliance to a purchaser upon the sale and trans…

8-1212. Driver license compact. The driver license compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: DRIVER LICENSE COMPACT Article I. — Findings and Declaration of Policy (a) The party s…

8-1213. Same; "licensing authority" and "head of the licensing authority" defined. As used in the compact, the term "licensing authority" with reference to this state, shall mean the division of vehicles of the department of revenue. The division of vehicles shall furnish to the …

8-1214. Same; expenses of compact administrator. The compact administrator provided for in article VII of the compact shall not be entitled to any additional compensation on account of service as such administrator, but shall be entitled to expenses incurred in connection with du…

8-1215. Same; "executive head" defined. As used in the compact, with reference to this state, the term "executive head" shall mean the governor. History: L. 1965, ch. 73, § 4; July 1.

8-1216. Same; reports to division of vehicles. Any court or other agency of this state, or a subdivision thereof, which has jurisdiction to take any action suspending, revoking or otherwise limiting a license to drive, shall report any such action and the adjudication upon which …

8-1217. Same; application of K.S.A. 8-254 and article IV of compact. The conduct or offenses described in paragraphs (1), (2), (3) and (4) of subsection (a) of article IV of the compact with reference to this state, shall mean the conduct or offenses respectively described in par…

8-1218. Same; licenses required; surrender of certain licenses. This state shall require a Kansas resident to secure a driver's license from the division of vehicles or its agents and to surrender any outstanding license to drive, issued by another state: Provided, however, That …

8-1219. Nonresident Violator Compact. The Nonresident Violator Compact, called "the compact," is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: NONRESIDENT VIOLATOR COMPACT Article I Findings, De…

8-1220. Same; compact administrator; amendments to compact. (a) The governor shall appoint the secretary of revenue or the director of vehicles to be the compact administrator for the nonresident violator compact for the state of Kansas. The compact administrator shall serve at t…

8-1221. Same; resolution of ratification. The resolution of ratification provided for by paragraph (b) of article VII shall be adopted by the Kansas compact administrator appointed under this act. The effective date of entry for Kansas shall be not sooner than January 1, 1983. Hi…

8-1222. Same; application of compact; rules and regulations. (a) The provisions of this act shall apply to any court which has any jurisdiction to take any action suspending, revoking or otherwise limiting a driver's license. The provisions of this act shall apply to all law enfo…

8-1324. Nondriver's identification card; application for; proof of age, identity and lawful presence; anatomical gift; veterans; persons needing assistance with cognition; fees; electronic online renewal. (a) Any resident who does not hold a current valid Kansas driver's license …

8-1325. Same; expiration; renewal; fee; anatomical gift; organ donor registry. (a) Every identification card shall expire, unless earlier canceled or subsection (c) of K.S.A. 8-1324, and amendments thereto, applies, on the sixth birthday of the applicant following the date of ori…

8-1325a. Same; registered offender; expiration; renewal; distinguishable. (a) Notwithstanding the provisions of K.S.A. 8-1325 and 8-1329, and amendments thereto, an identification card issued to an offender, as defined in K.S.A. 22-4902, and amendments thereto, who is required to…

8-1326. Same; duplicate identification cards. (a) If an identification card issued pursuant to this act is lost or destroyed, or if a new name is acquired, the person to whom the card was issued may obtain a duplicate card upon: (1) Furnishing satisfactory proof of the loss, dest…

8-1327. Same; unlawful use of identification cards; other unlawful acts relating thereto. (a) It shall be unlawful for any person, for any purpose, to: (1) Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered or fraudulently obtain…

8-1328. Same; card to resemble driver's license; information on card; anatomical gift. (a) The identification card shall resemble in appearance, so far as is practicable, a driver's license issued in accordance with K.S.A. 8-243, and amendments thereto, and shall adequately descr…