8-1,116


Chapter 8.--AUTOMOBILES AND OTHER VEHICLES


Article 1.--GENERAL PROVISIONS

     
8-1,116.   Same; sale of fleet vehicle not to affect liability for fee
payment; addition of vehicle, transfer of registration; fees; loss of vehicle
not being replaced, refund; conditions of refund.

(a) If a fleet owner sells or otherwise
disposes of a vehicle
which
is part of such owner's fleet registered hereunder, the sale or disposal
of such vehicle shall not affect or reduce such fleet owner's obligation
or liability to pay the annual apportioned registration
fee for such fleet
or any apportioned quarterly installments for such fleet
as determined
by such fleet owner's original application.

     
(b)   If any vehicle which is part of a fleet registered under the provisions
of this act is disposed of by the fleet owner, and such owner
desires
to register an additional or newly acquired vehicle during the registration
year, and such additional or newly acquired vehicle is eligible for and
part of the owner's apportioned fleet, such
additional or newly acquired vehicle
may be registered as part of such owner's fleet for the remainder of the
registration year without the payment of an additional
apportioned registration
fee, other than transfer fee and title fee, if the annual
apportioned fleet
registration fee applicable for the additional or newly acquired vehicle
is the same as that of the vehicle which is being deleted by such owner.
If the annual apportioned registration fee for the
additional or newly
acquired vehicle is greater than the annual apportioned
registration fee
for the vehicle being deleted, such fleet owner shall pay the full difference
in apportioned registration fee. No certificate of title
shall be assigned
or transferred or a new certificate of title be issued for any vehicle which
is part of such owner's fleet when such fleet owner is delinquent in the
payment of apportioned fleet registration fees.

     
(c)   Any owner of a truck or truck tractor based in Kansas and registered
as a vehicle in a fleet registered on an
apportioned basis for
which applicable apportioned
registration fees have been paid, which truck or truck tractor is sold,
junked, repossessed, foreclosed by a mechanic's lien or has had title
transferred
by operation of law, and which vehicle is not being replaced in the fleet
by another motor vehicle, may secure a refund by making application to the
division of vehicles on a form provided and prescribed by the director of
vehicles. Such refund shall include only the portion of the fee applicable
to the Kansas apportioned registration fee for that
vehicle for the remaining
portion of the registration year. Such application for refund shall be
accompanied
by the Kansas base plate issued for that vehicle and the cab card issued
therewith. In the event the owner of such vehicle is deceased and such vehicle
will not be used on the highways, and title is not currently being transferred,
the proper representative of the estate shall be entitled to such
refund.
Where the vehicle is registered on an apportioned basis
under a
quarterly fleet registration,
as provided in K.S.A. 8-1,115, and amendments thereto, such refund shall be
made on the apportioned
quarterly fee paid and unused and all remaining quarterly payments applicable
to such motor vehicle shall be canceled. Notwithstanding any of the foregoing
provisions of this section, refunds shall be made under the provisions of
this section only where the amount exceeds
$50.

     
History:   L. 1978, ch. 30, § 22;
L. 1994, ch. 76, § 17; April 7.