8-126. Definitions.
8-126
8-126. Definitions.
The following words and phrases when used in this act shall have the meanings
respectively ascribed to them herein:
(a) "Vehicle" means every device in, upon or by which any person or
property
is or may be transported or drawn upon a public highway, excepting electric
personal assistive mobility devices or devices
moved by human power or used exclusively upon stationary rails or tracks.
(b) "Motor vehicle" means every vehicle, other than a motorized
bicycle or a
motorized wheelchair, which is self-propelled.
(c) "Truck" means a motor vehicle which is used for the
transportation or
delivery of freight and merchandise or more than 10 passengers.
(d) "Motorcycle" means every motor vehicle designed to travel on
not more than
three wheels in contact with the ground, except any such vehicle as may
be included within the term "tractor" as herein defined.
(e) "Truck tractor" means every motor vehicle designed and used
primarily for
drawing other vehicles, and not so constructed as to carry a load other
than a part of the weight of the vehicle or load so drawn.
(f) "Farm tractor" means every motor vehicle designed and used as a
farm
implement power unit operated with or without other attached farm implements in
any manner consistent with the structural design of such power unit.
(g) "Road tractor" means every motor vehicle designed and used for
drawing other
vehicles, and not so constructed as to carry any load thereon independently,
or any part of the weight of a vehicle or load so drawn.
(h) "Trailer" means every vehicle without motive power designed to
carry property
or passengers wholly on its own structure and to be drawn by a motor vehicle.
(i) "Semitrailer" means every vehicle of the trailer type so
designed and used
in conjunction with a motor vehicle that some part of its own weight and
that of its own load rests upon or is carried by another vehicle.
(j) "Pole trailer" means any two-wheel vehicle used as a trailer
with bolsters
that support the load, and do not have a rack or body extending to the tractor
drawing the load.
(k) "Specially constructed vehicle" means any vehicle which shall
not have
been originally constructed under a distinctive name, make, model or type,
or which, if originally otherwise constructed shall have been materially
altered by the removal of essential parts, or by the addition or substitution
of essential parts, new or used, derived from other vehicles or makes of
vehicles.
(l) "Foreign vehicle" means every motor vehicle, trailer or
semitrailer which
shall be brought into this state otherwise than in ordinary course of business
by or through a manufacturer or dealer and which has not been registered in
this state.
(m) "Person" means every natural person, firm, partnership,
association or corporation.
(n) "Owner" means a person who holds the legal title of a vehicle,
or in the
event a vehicle is the subject of an agreement for the conditional sale
thereof with the right of purchase upon performance of the conditions stated
in the agreement and with an immediate right of possession vested in the
conditional vendee or in the event a vehicle is subject to a lease of 30
days or more with an immediate right of possession vested in the lessee;
or in the event a party having a security interest in a vehicle is entitled
to possession, then such conditional vendee or lessee or secured party shall
be deemed the owner for the purpose of this act.
(o) "Nonresident" means every person who is not a resident of this
state.
(p) "Manufacturer" means every person engaged in the business of
manufacturing
motor vehicles, trailers or semitrailers.
(q) "New vehicle dealer" means every person actively engaged in the
business of
buying, selling or exchanging new motor vehicles, travel trailers, trailers or
vehicles and who holds a dealer's contract therefor from a manufacturer or
distributor and who has an established place of business in this state.
(r) "Used vehicle dealer" means every person actively engaged in
the business
of buying, selling or exchanging used vehicles, and having an established
place of business in this state and who does not hold a dealer's contract
for the sale of new motor vehicles, travel trailers, trailers or vehicles.
(s) "Highway" means every way or place of whatever nature open to
the use of
the public as a matter of right for the purpose of vehicular travel. The
term "highway" shall not be deemed to include a roadway or driveway upon
grounds owned by private owners, colleges, universities or other institutions.
(t) "Department" or "motor vehicle department" or "vehicle department"
means the division of vehicles of the department of revenue, acting
directly or
through its duly authorized officers and agents. When acting on behalf of
the department of revenue pursuant to this act, a county treasurer shall be
deemed to be an agent of the state of Kansas.
(u) "Commission" or "state highway commission" means the director
of vehicles of
the department of revenue.
(v) "Division" means the division of vehicles of the department of
revenue.
(w) "Travel trailer" means every vehicle without motive power
designed to be
towed by a motor vehicle constructed primarily for recreational purposes.
(x) "Passenger vehicle" means every motor vehicle, as herein
defined, which
is designed primarily to carry 10 or fewer passengers, and which is not used as
a truck.
(y) "Self-propelled farm implement" means every farm implement
designed for
specific use applications with its motive power unit permanently incorporated
in its structural design.
(z) "Farm trailer" means every trailer as defined in subsection (h)
of this
section and every semitrailer as defined in subsection (i) of this section,
designed and used primarily as a farm vehicle.
(aa) "Motorized bicycle" means
every device having two tandem
wheels or three
wheels, which may be propelled by either human power or helper motor, or by
both, and which has:
(1) A motor which produces not more than 3.5 brake
horsepower;
(2) a cylinder capacity of not more than 130 cubic
centimeters;
(3) an
automatic transmission; and
(4) the capability of a maximum design speed of no more
than 30 miles per hour.
(bb) "All-terrain vehicle" means any motorized nonhighway
vehicle 50
inches or less in width, having a dry weight of 1,500
pounds
or
less,
traveling on three or more nonhighway tires, having
a seat designed
to be straddled by the operator. As used in this subsection,
nonhighway tire means any pneumatic tire six inches
or more in width,
designed for use
on wheels with rim diameter of 14 inches or less.
(cc) "Implement of husbandry" means every vehicle designed or adapted
and used exclusively for agricultural operations, including feedlots,
and only incidentally
moved or operated upon the highways. Such term shall include, but not be
limited to:
(1) A farm tractor;
(2) a self-propelled farm implement;
(3) a fertilizer spreader, nurse tank
or truck permanently mounted with a spreader
used exclusively for dispensing or
spreading water, dust or liquid fertilizers or agricultural chemicals, as
defined in K.S.A. 2-2202, and amendments thereto, regardless of ownership;
(4) a truck mounted with a fertilizer spreader used or manufactured
principally to spread animal dung;
(5) a mixer-feed truck
owned and used by a feedlot,
as defined in K.S.A. 47-1501, and amendments thereto, and specially designed
and used exclusively for dispensing food to livestock in such feedlot.
(dd) "Motorized wheelchair" means any self-propelled vehicle
designed
specifically for use by a physically disabled person that is incapable of a
speed in excess of 15 miles per hour.
(ee) "Oil well servicing, oil well clean-out or oil well drilling
machinery or equipment" means a vehicle constructed as a machine used
exclusively
for
servicing, cleaning-out or drilling an oil well and consisting in general of a
mast, an engine for power, a draw works and a chassis permanently constructed
or assembled for one or more of those purposes. The passenger capacity of the
cab of a vehicle shall not be considered in determining whether such vehicle is
an oil well servicing, oil well clean-out or oil well drilling machinery or
equipment.
(ff) "Electric personal assistive mobility device" means a
self-balancing two nontandem wheeled device, designed to transport only one
person, with an
electric propulsion system that limits the maximum speed of the device to 15
miles per hour or less.
(gg) "Electronic certificate of title" means any electronic record of
ownership, including any lien or liens that may be recorded, retained by the
division in accordance with
K.S.A. 2009 Supp.
8-135d, and
amendments thereto.
(hh) "Work-site utility vehicle" means any motor vehicle which is not less
than 48
inches in width, has an overall length, including the bumper, of not more than
135 inches, has an unladen weight, including fuel and fluids, of more than 800
pounds and is equipped with four or more low pressure tires, a steering wheel
and bench or bucket-type seating allowing at least two people to sit
side-by-side, and may be equipped with a bed or cargo box for hauling
materials. "Work-site utility vehicle" does not include a micro utility
truck.
(ii) "Micro utility truck" means any motor vehicle which is not less than
48 inches in width, has an overall length, including the bumper, of not more
than 160 inches, has an unladen weight, including fuel and
fluids, of more than
1,500 pounds, can exceed 40
miles per hour as originally manufactured and is manufactured with a metal
cab. "Micro utility truck" does not include a work-site utility vehicle.
(jj) "Golf cart" means a motor vehicle that has not less than three wheels
in contact with the ground, an unladen weight of not more than 1,800 pounds, is
designed to be and is operated at not more than 25 miles per hour and is
designed to carry not more than four persons including the driver.
History: L. 1929, ch. 81, § 1;
L. 1937, ch. 72, § 1;
L. 1955, ch. 294, § 1;
L. 1956, ch. 48, § 1;
L. 1957, ch. 57, § 1;
L. 1968, ch. 411, § 1;
L. 1972, ch. 342, § 29;
L. 1973, ch. 25, § 1;
L. 1975, ch. 426, § 27;
L. 1977, ch. 28, § 1;
L. 1978, ch. 29, § 1;
L. 1982, ch. 36, § 2;
L. 1984, ch. 26, § 1;
L. 1984, ch. 27, § 1;
L. 1984, ch. 28, § 1;
L. 1985, ch. 42, § 1;
L. 1988, ch. 40, § 1;
L. 1991, ch. 33, § 13;
L. 1992, ch. 166, § 1;
L. 1994, ch. 235, § 1;
L. 1996, ch. 220, § 3;
L. 1997, ch. 119, § 1;
L. 2000, ch. 179, § 5;
L. 2001, ch. 19, § 2;
L. 2002, ch. 16, § 2;
L. 2002, ch. 134, § 1;
L. 2005, ch. 71, § 1;
L. 2006, ch. 135, § 1;
L. 2007, ch. 68, § 1;
L. 2008, ch. 167, § 3;
L. 2009, ch. 91, § 4;
L. 2009, ch. 143, § 2; July 1.