8-198. Nonhighway and salvage vehicles exempt from registration; nonhighway certificates of title and salvage titles; permit for temporary operation; rebuilt or restored salvage vehicle; rebuilt salva
8-198
8-198. Nonhighway and salvage vehicles exempt from
registration;
nonhighway
certificates of title and salvage titles; permit for temporary operation;
rebuilt or restored salvage vehicle; rebuilt salvage title; notice attached to
rebuilt vehicle; penalties; all-terrain vehicles; work-site utility vehicles;
no-fault insurance law
inapplicable, exception.
(a) A nonhighway or salvage vehicle shall not be required to be registered in
this state, as provided in K.S.A. 8-135, and amendments thereto, but nothing in
this section shall be construed as abrogating, limiting or otherwise affecting
the provisions of K.S.A. 8-142, and amendments thereto, which make it unlawful
for any person to operate or knowingly permit the operation in this state of a
vehicle required to be registered in this state.
(b) Upon the sale or transfer of any nonhighway vehicle or salvage vehicle,
the purchaser thereof shall obtain a nonhighway certificate of title or salvage
title, whichever is applicable, in the following manner:
(1) If the transferor is a vehicle dealer, as defined in K.S.A. 8-2401, and
amendments thereto, and a certificate of title has not been issued for such
vehicle under this section or under the provisions of K.S.A. 8-135, and
amendments thereto, such transferor shall make application for and assign a
nonhighway certificate of title or a salvage title, whichever is applicable, to
the purchaser of such nonhighway vehicle or salvage vehicle in the same manner
and under the same conditions prescribed by K.S.A. 8-135, and amendments
thereto, for the application for and assignment of a certificate of title
thereunder. Upon the assignment thereof, the purchaser shall make application
for a new nonhighway certificate of title or salvage title, as provided in
subsection (c) or (d).
(2) Except as provided in subsection (b) of K.S.A. 8-199, and amendments
thereto, if a certificate of title has been issued for any such vehicle under
the provisions of K.S.A. 8-135, and amendments thereto, the owner of such
nonhighway vehicle or salvage vehicle may surrender such certificate of title
to the division of vehicles and make application to the division for a
nonhighway certificate of title or salvage title, whichever is applicable, or
the owner may obtain from the county treasurer's office a form prescribed by
the division of vehicles and, upon proper execution thereof, may assign the
nonhighway certificate of title, salvage title or the regular certificate of
title with such form attached to the purchaser of the nonhighway vehicle or
salvage vehicle. Upon receipt of the nonhighway certificate of title, salvage
title or the regular certificate of title with such form attached, the
purchaser shall make application for a new nonhighway certificate of title or
salvage title, whichever is applicable, as provided in subsection (c) or
(d).
(3) If the transferor is not a vehicle dealer, as defined in K.S.A.
8-2401, and amendments thereto, and a certificate of title has not been issued
for the vehicle under this section or a certificate of title was not
required under K.S.A. 8-135, and amendments thereto, the transferor shall make
application to the division for a nonhighway certificate of title or salvage
title, whichever is applicable, as provided in this section, except that in
addition thereto, the division shall require a bill of sale or such
transferor's affidavit, with at least one other corroborating affidavit, that
such transferor is the owner of such nonhighway vehicle or salvage vehicle. If
the division is satisfied that the transferor is the owner, the division shall
issue a nonhighway certificate of title or salvage title, whichever is
applicable, for such vehicle, and the transferor shall assign the same to the
purchaser, who shall make application for a new nonhighway certificate of title
or salvage title, whichever is applicable, as provided in subsection (c) or
(d).
(c) Every purchaser of a nonhighway vehicle,
whether assigned a nonhighway certificate of title or a
regular certificate of title with the form specified in paragraph (2) of
subsection (b) attached, shall make application to the county treasurer of the
county in which such person resides for a new nonhighway certificate of title
in the same manner and under
the same conditions as for an application for a certificate of title under
K.S.A. 8-135, and amendments thereto. Such application shall be in the form
prescribed by the director of vehicles and shall contain substantially the same
provisions as required for an application under subsection (c)(1) of K.S.A.
8-135, and amendments thereto. In addition, such application shall provide a
place for the applicant to certify that the vehicle for which the application
for a nonhighway certificate of title is made is a
nonhighway vehicle and
other provisions the director deems necessary. Each application for a
nonhighway certificate of title shall be accompanied by
a fee of $10, and if the application is not made to the county treasurer within
the time prescribed by K.S.A. 8-135, and amendments thereto, for making
application for a certificate of title thereunder, an additional fee of $2.
(d) (1) Except as otherwise provided by this section, the owner of a
vehicle that meets the definition of a salvage vehicle shall apply for a
salvage title before the ownership of the motor vehicle is transferred. In no
event shall such application be made more than 30 days after the vehicle is
determined to be a salvage vehicle.
(2) Every insurance company, which pursuant to a damage settlement, acquires
ownership of a vehicle that has incurred damage requiring the vehicle to be
designated a salvage vehicle, shall apply for a salvage title within 30 days
after the title is assigned and delivered by the owner to the insurance
company, with all liens released.
(3) Every insurance company which makes a damage settlement for a vehicle
that has incurred damage requiring such vehicle to be designated a salvage
vehicle, but does not acquire ownership of the vehicle, shall notify the
vehicle owner of the owner's obligation to apply for a salvage title for the
motor vehicle, and shall notify the division of this fact in accordance with
procedures established by the division. The vehicle owner shall apply for a
salvage title within 30 days after being notified by the insurance company.
(4) The lessee of any vehicle which incurs damage requiring the vehicle to be
designated a salvage vehicle shall notify the lessor of this fact within 30
days of the determination that the vehicle is a salvage vehicle.
(5) The lessor of any motor vehicle which has incurred damage requiring the
vehicle to be titled as a salvage vehicle, shall apply for a salvage title
within 30 days after being notified of this fact by the lessee.
(6) Every person acquiring ownership of a motor vehicle that meets the
definition of a salvage vehicle, for which a salvage title has not been issued,
shall apply for the required document prior to any further transfer of such
vehicle, but in no event, more than 30 days after ownership is acquired.
(7) Every purchaser of a salvage vehicle, whether assigned a salvage title or
a regular certificate of title with the form specified in paragraph (2) of
subsection (b) attached, shall make application to the county treasurer of
the county in which such person resides for a new salvage title, in the same
manner and under the same condition as for an application for a certificate of
title under K.S.A. 8-135, and amendments thereto. Such application shall be in
the form prescribed by the director of vehicles and shall contain substantially
the same provisions as required for an application under subsection (c)(1) of
K.S.A. 8-135, and amendments thereto. In addition, such application shall
provide a place for the applicant to certify that the vehicle for which the
application for salvage title is made is a salvage vehicle, and other
provisions the director deems necessary. Each application for a salvage title
shall be accompanied by a fee of $10 and if the application is not made to the
county treasurer within the time prescribed by K.S.A. 8-135, and amendments
thereto, for making application for a certificate of title thereunder, an
additional fee of $2.
(8) Failure to apply for a salvage title as provided by this subsection shall
be a class C nonperson misdemeanor.
(e) A nonhighway certificate of title or salvage title
shall be in form and color as prescribed by the director of vehicles. A
nonhighway certificate of title or salvage title shall indicate clearly and
distinctly on its face that it is issued for a nonhighway vehicle or salvage
vehicle, whichever is applicable. A nonhighway certificate of title or salvage
title shall contain substantially the same information as required on a
certificate of title issued under K.S.A. 8-135, and amendments thereto, and
other information the director deems necessary.
(f) (1) A nonhighway certificate of title or salvage
title may be transferred in the same manner and under the same conditions as
prescribed by K.S.A. 8-135, and amendments thereto, for the transfer of a
certificate of title, except as otherwise provided in this section. A
nonhighway certificate of title or salvage title may be assigned and
transferred only while the vehicle remains a nonhighway vehicle or salvage
vehicle.
(2) Upon transfer or sale of a nonhighway vehicle in a condition which will
allow the registration of such vehicle, the owner shall assign the nonhighway
certificate of title to the purchaser, and the purchaser shall obtain a
certificate of title and register such vehicle as provided in K.S.A. 8-135, and
amendments thereto. No regular certificate of title shall be issued for a
vehicle for which there has been issued a nonhighway certificate of title until
there has been compliance with K.S.A. 8-116a, and amendments thereto.
(3) (A) Upon transfer or sale of a salvage vehicle which has been
rebuilt or restored or is otherwise in a condition which will allow the
registration of such vehicle, the owner shall assign the salvage title to the
purchaser, and the purchaser shall obtain a rebuilt salvage title and register
such vehicle as provided in K.S.A. 8-135, and amendments thereto. No rebuilt
salvage title shall be issued for a vehicle for which there has been issued a
salvage title until there has been compliance with K.S.A. 8-116a, and
amendments thereto, and the notice required in paragraph (3)(B) of this
subsection has been attached to such vehicle.
(B) As part of the inspection for a rebuilt salvage title conducted under
K.S.A. 8-116a, and amendments thereto, the Kansas highway patrol shall attach a
notice affixed to the left door frame of the rebuilt salvage vehicle
indicating the vehicle identification number of such vehicle and that such
vehicle is a rebuilt salvage vehicle. In addition to any fee allowed under
K.S.A. 8-116a, and amendments thereto, a fee of $5 shall be collected from the
owner of such vehicle requesting the inspection for the notice required under
this paragraph. All moneys received under this paragraph shall be remitted in
accordance with subsection (e) of K.S.A. 8-116a, and amendments thereto.
(C) Failure to apply for a rebuilt salvage title as provided by this
paragraph shall be a class C nonperson misdemeanor.
(g) The owner of a salvage vehicle which has been issued a
salvage title and has been assembled, reconstructed, reconstituted or restored
or otherwise placed in an operable condition may make application to the county
treasurer for a permit to operate such vehicle on the highways of this state
over the most direct route from the place such salvage vehicle is located to a
specified location named on the permit and to return to the original location.
No such permit shall be issued for any vehicle unless the owner has motor
vehicle liability insurance coverage or an approved self-insurance plan under
K.S.A. 40-3104, and amendments thereto. Such permit shall be on a form
furnished by the director of vehicles and shall state the date the vehicle is
to be taken to the other location, the name of the insurer, as defined in
K.S.A. 40-3103, and amendments thereto, and the policy number or a statement
that the vehicle is included in a self-insurance plan approved by the
commissioner of insurance, a statement attesting to the correctness of the
information concerning financial security, the vehicle identification number
and a description of the vehicle. Such permit shall be signed by the owner of
the vehicle. Permits issued under this subsection (g) shall
be prepared in triplicate. One copy shall be carried in the vehicle for which
it is issued and shall be displayed so that it is visible from the rear of the
vehicle. The second copy shall be retained by the county treasurer, and the
third copy shall be forwarded by the county treasurer to the division of
vehicles. The fee for such permit shall be $1 which shall be retained by the
county treasurer, who shall annually forward 25% of all such fees collected to
the division of vehicles to reimburse the division for administrative expenses,
and shall deposit the remainder in a special fund for expenses of issuing such
permits.
(h) A nonhighway vehicle or salvage vehicle for which a
nonhighway certificate of title or salvage title has been issued pursuant to
this section shall not be deemed a motor vehicle for the purposes of K.S.A.
40-3101 to 40-3121, inclusive, and amendments thereto, except when such vehicle
is being operated pursuant to subsection (g). Any person who
knowingly makes a false statement concerning financial security in obtaining a
permit pursuant to subsection (g), or who fails to obtain a
permit when required by law to do so is guilty of a class C misdemeanor.
(i) Any person who, on July 1, 1996, is the owner of an
all-terrain vehicle, as defined in K.S.A. 8-126, and amendments thereto, shall
not be required to file an application for a nonhighway certificate of title
under the provisions of this section for such all-terrain vehicle, unless the
person transfers an interest in such all-terrain vehicle.
(j) Any person who, on July 1, 2006, is the owner of a work-site utility
vehicle,
as defined in K.S.A. 8-126, and amendments thereto, shall not be required to
file an application for a nonhighway certificate of title under the provisions
of this section for such work-site utility vehicle, unless the person transfers
an
interest in such work-site utility vehicle.
History: L. 1975, ch. 31, § 3;
L. 1976, ch. 45, § 1;
L. 1976, ch. 41, § 2;
L. 1980, ch. 38, § 1;
L. 1980, ch. 39, § 1;
L. 1984, ch. 35, § 1;
L. 1984, ch. 25, § 10;
L. 1988, ch. 44, § 1;
L. 1990, ch. 35, § 4;
L. 1993, ch. 176, § 9;
L. 1996, ch. 260, § 7;
L. 1998, ch. 154, § 1;
L. 1999, ch. 114, § 8;
L. 2000, ch. 73, § 5;
L. 2002, ch. 134, § 10;
L. 2003, ch. 30, § 7;
L. 2004, ch. 132, § 3;
L. 2006, ch. 135, § 3; July 1.