8-197. Definitions.
8-197
8-197. Definitions.
(a) The provisions of K.S.A. 8-197 to 8-199, inclusive, and amendments thereto,
shall be a part of and supplemental to the provisions of article 1 of chapter 8
of the Kansas Statutes Annotated, and as used in such sections, the words and
phrases defined by K.S.A. 8-126, and amendments thereto, shall have the
meanings respectively ascribed to them therein.
(b) As used in K.S.A. 8-197 through 8-199, and amendments thereto:
(1) (A) "Nonhighway vehicle" means:
(i) Any motor vehicle which cannot be registered because it
is not
manufactured for the purpose
of using the same on the highways of this state and is not provided with
the equipment required by state statute for vehicles of such type which are
used on the highways of this state;
(ii) any motor vehicle, other than a salvage vehicle, for
which the owner has
not provided motor vehicle liability insurance coverage or an approved self
insurance plan under K.S.A. 40-3104, and amendments thereto, and has not
applied for or obtained registration of such motor vehicle in accordance with
article 1 of chapter 8 of the Kansas Statutes Annotated;
(iii) any all-terrain vehicle;
(iv) any work-site utility vehicle; or
(v) any micro utility truck;
(B) "nonhighway vehicle" shall not include an implement of husbandry, as
defined in K.S.A. 8-126, and amendments thereto.
(2) "salvage vehicle" means:
(A) Any motor vehicle, other than a late model vehicle, which is
of a type required to be registered in this state, but which cannot be
registered because it has been wrecked or damaged to the extent that: The
equipment required by state statute on any such vehicle used on the highways of
this state is not present or is not in good condition or proper adjustment, as
prescribed by state statute or any rules and regulations adopted pursuant
thereto, or such vehicle is in an inoperable condition or a condition that
would render the operation thereof on the highways of this state a hazard to
the public safety; and in either event, such vehicle would require substantial
repairs to rebuild or restore such vehicle to a condition which will permit the
registration thereof;
(B) a late model vehicle which is of a type required to be registered in
this state and which has been wrecked or damaged to the extent that the total
cost of repair is 75% or more of the fair market value of the motor vehicle
immediately preceding the time it was wrecked or damaged and such condition was
not merely exterior cosmetic damage to such vehicle as a result of windstorm or
hail; or
(C) a motor vehicle, which is of a type required to be registered in this
state that the insurer determines is a total loss and for which the insurer
takes title;
(3) "salvage title" means a certificate of title issued by the division
designating a motor vehicle a salvage vehicle;
(4) "rebuilt salvage vehicle" means any motor vehicle previously issued a
salvage title;
(5) "rebuilt salvage title" means a certificate of title issued by the
division for a vehicle previously designated a salvage vehicle which is now
designated a rebuilt salvage vehicle;
(6) "late model vehicle" means any motor vehicle which has a
manufacturer's model year designation of or later than the year in which the
vehicle was wrecked or damaged or any of the six preceding years;
(7) "fair market value" means the retail value of a motor vehicle as:
(A) Set forth in a current edition of any nationally recognized compilation,
including an automated database of retail value; or
(B) determined pursuant to a market survey of comparable vehicles with regard
to condition and equipment;
(8) "cost of repairs" means the estimated or actual retail cost of parts
needed to repair a vehicle plus the cost of labor computed by using the hourly
labor rate and time allocations for automobile repairs that are customary and
reasonable. Retail costs of parts and labor rates may be based upon collision
estimating manuals or electronic computer estimating systems customarily used
in the automobile industry. The total cost of repairs to rebuild or reconstruct
the vehicle shall not include the cost of repairing, replacing or reinstalling
tires, sound systems, or any sales tax on parts or materials to rebuild or
reconstruct the vehicle.
History: L. 1975, ch. 31, § 2;
L. 1996, ch. 220, § 5;
L. 2000, ch. 73, § 4;
L. 2004, ch. 132, § 2;
L. 2006, ch. 135, § 2;
L. 2008, ch. 167, § 5;
L. 2009, ch. 91, § 1; Apr. 23.