8-247.Expiration of licenses; annual renewal for
registered offenders; notice; mandatory examination for
renewal of license; reexamination; additional examinations; seizure
disorders; extension of license when out-of-state; anatomical gift; state organ
and tissue registry.
(a) (1) All original licenses shall expire as follows:
(A) Licenses issued to persons who are at least 21 years of age, but less
than 65 years of age shall expire on the sixth anniversary of the date of birth
of the licensee which is nearest the date of application;
(B) licenses issued to persons who are 65 years of age or older shall expire
on the fourth anniversary of the date of birth of the licensee which is nearest
the date of application;
(C) any commercial drivers license shall expire on the
fourth anniversary of
the date of birth of the licensee which is nearest the date of application;
(D) licenses issued to an offender, as defined in K.S.A. 22-4902, and
amendments thereto, who is required to register pursuant to the Kansas offender
registration act, K.S.A. 22-4901 et seq., and amendments thereto, shall expire
every year on the date of birth of the licensee; or
(E) licenses issued to persons who are less than 21 years of age shall expire
on the licensee's twenty-first birthday.
(2) All renewals under: (A) Paragraph (1) (A) shall expire on every sixth
anniversary of the date of birth of the licensee; (B) paragraph (1) (B) and
(C) shall expire on every fourth anniversary of the
date of birth of the licensee; (C) paragraph (1)(D) shall expire
every year on the date of birth of the licensee; and (D) paragraph (1) (E),
if a renewal license is issued, shall expire on the licensee's twenty-first
birthday. No driver's license
shall expire in the same calendar year in which the
original license or renewal license is issued, except that if the
foregoing provisions of this section shall
require the issuance of a
renewal license or an original license for a period of less than six
calendar months, the license issued to the applicant shall expire in accordance
with the provisions of this subsection.
(b) If the driver's license of any person expires while such
person is outside of the state of Kansas and on active duty in the armed
forces of the United States, the license of such person shall be
renewable, without examination, at any time prior to the end of the
sixth month following the discharge of such person from the armed
forces, or within 90 days after reestablished residence within
the state, whichever time is sooner.
(c) At least 30 days prior to the expiration of a person's
license the division shall mail a notice of expiration or
renewal application to such person at the address shown on the license.
The division shall include with such notice: (1) A copy of the eyesight
examination form; (2) a copy of the written examination prescribed by
subsection (e); (3) a copy of the Kansas
driver's manual, prepared pursuant to K.S.A. 8-266b, and amendments
thereto; and (4) the written information required under subsection (g).
(d) (1) Except as provided in paragraph (2), every driver's license
shall be renewable on or before its
expiration upon application and payment of the required fee and
successful completion of the examinations required by subsection
(e). Application for renewal of a valid driver's license shall
be made to the division in accordance with rules and
regulations adopted by the secretary of revenue. Such application shall
contain all the requirements of subsection (b) of K.S.A. 8-240, and
amendments thereto. Upon
satisfying the foregoing requirements of this subsection, and if the
division makes the findings required by K.S.A. 8-235b, and amendments
thereto, for the issuance
of an original license, the license shall be renewed without examination
of the applicant's driving ability. If the division finds
that any of the statements relating to revocation, suspension or refusal
of licenses required under subsection (b) of K.S.A. 8-240, and amendments
thereto, are in the
affirmative, or if it finds that the license held by the applicant is
not a valid one, or if the applicant has failed to make application for
renewal of such person's license on or before the expiration date thereof,
the division may require the applicant to take an examination of
ability to exercise ordinary and reasonable control in the operation of
a motor vehicle as provided in K.S.A. 8-235d, and amendments thereto.
(2) Any licensee, whose driver's license expires on their twenty-first
birthday, shall have 45 days from the date of expiration of such license to
make application to renew such licensee's license. Such license shall
continue to be valid for such 45 days or until such license is renewed,
whichever occurs
sooner. A licensee who renews under the provisions of this paragraph shall not
be required by the division to take an
examination of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle as provided in K.S.A. 8-235d, and amendments
thereto.
(e) (1) Prior to renewal of a driver's license,
the applicant shall pass an examination of eyesight
and a written examination of ability to read and understand
highway signs regulating, warning and directing traffic and
knowledge of the traffic laws of this state. Such examination shall be
equivalent to the tests required for an original
driver's license under K.S.A. 8-235d, and amendments thereto. A driver's
license examiner
shall administer the examinations without charge and shall report the
results of the examinations on a form provided by the division, which shall
be submitted by the applicant to the division at
the time such applicant applies for license renewal.
(2) In lieu of the examination of the applicant's eyesight by the
examiner, the applicant may submit a report on the
examination of eyesight by a physician licensed to practice
medicine and surgery or by a licensed optometrist. The report shall be
based on an examination of the applicant's eyesight not more than three
months prior to the date the report is submitted, and it shall be
made on a form furnished the applicant with the notice of the
expiration of license under subsection (c).
(3) In lieu of the driver's license examiner administering the written
examination, the applicant may complete the examination furnished with the
notice of the expiration of license under subsection (c) and submit the
completed examination to the division.
(4) The division shall determine whether the results of the written
examination and the eyesight reported are sufficient for
renewal of the license and, if the
results of either or both of the examinations are insufficient, the
division shall notify the applicant of such fact and return the license
fee. In determining the sufficiency of an
applicant's eyesight, the division may request an advisory opinion of
the medical advisory board, which is hereby authorized to render such opinions.
(5) An applicant who is denied a license under
this subsection (e) may
reapply for renewal of such person's driver's license, except that if such
application is not
made within 90 days of the date the division sent notice to the
applicant that the license would not be renewed, the applicant shall
proceed as if applying for an original driver's license. If the
applicant has been denied renewal of such person's driver's license because
such applicant failed to pass the written examination, the applicant shall
pay an examination fee of $1.50 to take the test again.
(6) When the division has good cause to believe that an applicant for
renewal of a driver's license is incompetent or otherwise not qualified
to operate a motor vehicle in accord with the public safety and welfare,
the division may require such
applicant to submit to such additional examinations as are
necessary to determine that the applicant is qualified to receive the
license applied for. Subject to paragraph (7) of this
subsection, in so evaluating
such qualifications, the
division may request an advisory opinion of the medical advisory board
which is hereby authorized to render such opinions in addition to its
duties prescribed by subsection (b) of K.S.A. 8-255b, and amendments
thereto. Any such applicant
who is denied the renewal of such a driver's license
because of a
mental or physical disability shall be afforded a hearing in the manner
prescribed by subsection (c) of K.S.A. 8-255, and amendments thereto.
(7) Seizure disorders which are controlled shall
not be considered a disability. In cases where such seizure disorders are not
controlled, the
director or the medical advisory board may recommend that such person be issued
a driver's license to drive class C or M vehicles and restricted to operating
such vehicles as the division determines to be
appropriate to assure the safe operation of a motor vehicle by the licensee.
Restricted licenses issued pursuant
to this paragraph shall be subject to
suspension or revocation.
For the purpose of this paragraph, seizure disorders which are controlled
means that the licensee has not sustained a seizure involving a loss of
consciousness in the waking state within six months preceding the application
or renewal of a driver's license and whenever a person licensed
to practice
medicine and surgery makes
a written report to the division stating that the licensee's seizures are
controlled. The report shall be based on an examination of the applicant's
medical condition not more than three months prior to the date the report is
submitted. Such report shall be made on a form furnished to the applicant by
the division.
Any physician who makes such report shall not be liable
for any damages which may be attributable to the issuance or renewal of a
driver's license and subsequent operation of a motor vehicle by the licensee.
(f) If the driver's license of any person expires while such person is
outside the state of Kansas, the license of such person shall be extended for a
period not to exceed six months and shall be renewable, without a driving
examination, at any time prior to the end of the sixth month following the
original expiration date of such license or within 10 days after such person
returns to the state, whichever time is sooner.
This subsection (f) shall not apply to temporary drivers' licenses issued
pursuant to subsection (b)(3) of K.S.A. 8-240, and amendments thereto.
(g) The division shall provide the following information in a person's
notice of expiration or renewal under subsection (c):
(1) Written information explaining the person's right to make an anatomical
gift in accordance with K.S.A. 8-243, and amendments thereto, and the
revised uniform anatomical gift act,
K.S.A. 2009 Supp.
65-3220 through 65-3244,
and amendments thereto;
(2) written information describing the organ donation registry program
maintained by the Kansas federally designated organ procurement organization.
The written information required under this
paragraph shall include, in a type, size and format that is conspicuous in
relation to the surrounding material, the address and telephone number of
Kansas' federally designated organ procurement organization, along with an
advisory to call such designated organ procurement
organization with questions about the organ donor
registry program;
(3) written information giving the applicant the opportunity to be placed on
the organ donation registry described in paragraph (2);
(4) inform the applicant in writing that, if the applicant indicates under
this subsection a willingness to have such applicant's name placed on the organ
donor registry described in paragraph (2), the division will forward the
applicant's name, gender, date of birth and most recent address to the organ
donation registry maintained by the
Kansas federally designated organ procurement organization,
as required by paragraph (6);
(5) the division may fulfill the requirements of paragraph (4) by one or more
of the following methods:
(A) Providing printed material enclosed with a mailed notice for driver's
license renewal; or
(B) providing printed material to an applicant who personally appears at an
examining station;
(6) if an applicant indicates a willingness under this subsection to have
such applicant's name placed on the organ donor registry, the
division shall within 10 days forward the applicant's name, gender, date of
birth and most recent address to the organ donor registry maintained by the
Kansas federally designated organ procurement organization. The division may
forward information under this subsection by mail or by electronic means. The
division shall not maintain a record of the name or address of an individual
who indicates a willingness to have such person's name placed on the organ
donor registry after forwarding that information to the organ donor registry
under this subsection. Information about an applicant's indication of a
willingness to have such applicant's name placed on the organ donor registry
that is obtained by the division and forwarded under this paragraph shall be
confidential and not disclosed.
(h) Notwithstanding any other provisions of law, any offender under
subsection (a)(1)(D) who held a valid driver's license on the effective date of
this act may continue to operate motor vehicles until the next anniversary of
the date of birth of such offender. Upon such date such driver's license shall
expire and the offender
shall be subject to the provisions of this section.
History: L. 1937, ch. 73, § 14;
L. 1938, ch. 13, § 2;
L. 1949, ch. 104, § 18;
L. 1955, ch. 51, § 2;
L. 1958, ch. 48, § 2 (Budget Session);
L. 1959, ch. 49, § 15;
L. 1968, ch. 5, § 1;
L. 1969, ch. 52, § 2;
L. 1973, ch. 30, § 3;
L. 1975, ch. 36, § 18;
L. 1975, ch. 37, § 3;
L. 1982, ch. 41, § 2;
L. 1983, ch. 33, § 1;
L. 1986, ch. 38, § 2;
L. 1988, ch. 47, § 8;
L. 1991, ch. 36, § 10;
L. 1992, ch. 25, § 1;
L. 1993, ch. 154, § 7;
L. 1995, ch. 45, § 2;
L. 1997, ch. 36, § 3;
L. 2001, ch. 82, § 1;
L. 2002, ch. 60, § 2;
L. 2006, ch. 214, § 4;
L. 2006, ch. 214, § 5;
L. 2007, ch. 68, § 3;
L. 2007, ch. 195, § 4; July 1.
8-247.Expiration of licenses; annual renewal for
registered offenders; notice; mandatory examination for
renewal of license; reexamination; additional examinations; seizure
disorders; extension of license when out-of-state; anatomical gift; state organ
and tissue registry.
(a) (1) All original licenses shall expire as follows:
(A) Licenses issued to persons who are at least 21 years of age, but less
than 65 years of age shall expire on the sixth anniversary of the date of birth
of the licensee which is nearest the date of application;
(B) licenses issued to persons who are 65 years of age or older shall expire
on the fourth anniversary of the date of birth of the licensee which is nearest
the date of application;
(C) any commercial drivers license shall expire on the
fourth anniversary of
the date of birth of the licensee which is nearest the date of application;
(D) licenses issued to an offender, as defined in K.S.A. 22-4902, and
amendments thereto, who is required to register pursuant to the Kansas offender
registration act, K.S.A. 22-4901 et seq., and amendments thereto, shall expire
every year on the date of birth of the licensee; or
(E) licenses issued to persons who are less than 21 years of age shall expire
on the licensee's twenty-first birthday.
(2) All renewals under: (A) Paragraph (1) (A) shall expire on every sixth
anniversary of the date of birth of the licensee; (B) paragraph (1) (B) and
(C) shall expire on every fourth anniversary of the
date of birth of the licensee; (C) paragraph (1)(D) shall expire
every year on the date of birth of the licensee; and (D) paragraph (1) (E),
if a renewal license is issued, shall expire on the licensee's twenty-first
birthday. No driver's license
shall expire in the same calendar year in which the
original license or renewal license is issued, except that if the
foregoing provisions of this section shall
require the issuance of a
renewal license or an original license for a period of less than six
calendar months, the license issued to the applicant shall expire in accordance
with the provisions of this subsection.
(b) If the driver's license of any person expires while such
person is outside of the state of Kansas and on active duty in the armed
forces of the United States, the license of such person shall be
renewable, without examination, at any time prior to the end of the
sixth month following the discharge of such person from the armed
forces, or within 90 days after reestablished residence within
the state, whichever time is sooner.
(c) At least 30 days prior to the expiration of a person's
license the division shall mail a notice of expiration or
renewal application to such person at the address shown on the license.
The division shall include with such notice: (1) A copy of the eyesight
examination form; (2) a copy of the written examination prescribed by
subsection (e); (3) a copy of the Kansas
driver's manual, prepared pursuant to K.S.A. 8-266b, and amendments
thereto; and (4) the written information required under subsection (g).
(d) (1) Except as provided in paragraph (2), every driver's license
shall be renewable on or before its
expiration upon application and payment of the required fee and
successful completion of the examinations required by subsection
(e). Application for renewal of a valid driver's license shall
be made to the division in accordance with rules and
regulations adopted by the secretary of revenue. Such application shall
contain all the requirements of subsection (b) of K.S.A. 8-240, and
amendments thereto. Upon
satisfying the foregoing requirements of this subsection, and if the
division makes the findings required by K.S.A. 8-235b, and amendments
thereto, for the issuance
of an original license, the license shall be renewed without examination
of the applicant's driving ability. If the division finds
that any of the statements relating to revocation, suspension or refusal
of licenses required under subsection (b) of K.S.A. 8-240, and amendments
thereto, are in the
affirmative, or if it finds that the license held by the applicant is
not a valid one, or if the applicant has failed to make application for
renewal of such person's license on or before the expiration date thereof,
the division may require the applicant to take an examination of
ability to exercise ordinary and reasonable control in the operation of
a motor vehicle as provided in K.S.A. 8-235d, and amendments thereto.
(2) Any licensee, whose driver's license expires on their twenty-first
birthday, shall have 45 days from the date of expiration of such license to
make application to renew such licensee's license. Such license shall
continue to be valid for such 45 days or until such license is renewed,
whichever occurs
sooner. A licensee who renews under the provisions of this paragraph shall not
be required by the division to take an
examination of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle as provided in K.S.A. 8-235d, and amendments
thereto.
(e) (1) Prior to renewal of a driver's license,
the applicant shall pass an examination of eyesight
and a written examination of ability to read and understand
highway signs regulating, warning and directing traffic and
knowledge of the traffic laws of this state. Such examination shall be
equivalent to the tests required for an original
driver's license under K.S.A. 8-235d, and amendments thereto. A driver's
license examiner
shall administer the examinations without charge and shall report the
results of the examinations on a form provided by the division, which shall
be submitted by the applicant to the division at
the time such applicant applies for license renewal.
(2) In lieu of the examination of the applicant's eyesight by the
examiner, the applicant may submit a report on the
examination of eyesight by a physician licensed to practice
medicine and surgery or by a licensed optometrist. The report shall be
based on an examination of the applicant's eyesight not more than three
months prior to the date the report is submitted, and it shall be
made on a form furnished the applicant with the notice of the
expiration of license under subsection (c).
(3) In lieu of the driver's license examiner administering the written
examination, the applicant may complete the examination furnished with the
notice of the expiration of license under subsection (c) and submit the
completed examination to the division.
(4) The division shall determine whether the results of the written
examination and the eyesight reported are sufficient for
renewal of the license and, if the
results of either or both of the examinations are insufficient, the
division shall notify the applicant of such fact and return the license
fee. In determining the sufficiency of an
applicant's eyesight, the division may request an advisory opinion of
the medical advisory board, which is hereby authorized to render such opinions.
(5) An applicant who is denied a license under
this subsection (e) may
reapply for renewal of such person's driver's license, except that if such
application is not
made within 90 days of the date the division sent notice to the
applicant that the license would not be renewed, the applicant shall
proceed as if applying for an original driver's license. If the
applicant has been denied renewal of such person's driver's license because
such applicant failed to pass the written examination, the applicant shall
pay an examination fee of $1.50 to take the test again.
(6) When the division has good cause to believe that an applicant for
renewal of a driver's license is incompetent or otherwise not qualified
to operate a motor vehicle in accord with the public safety and welfare,
the division may require such
applicant to submit to such additional examinations as are
necessary to determine that the applicant is qualified to receive the
license applied for. Subject to paragraph (7) of this
subsection, in so evaluating
such qualifications, the
division may request an advisory opinion of the medical advisory board
which is hereby authorized to render such opinions in addition to its
duties prescribed by subsection (b) of K.S.A. 8-255b, and amendments
thereto. Any such applicant
who is denied the renewal of such a driver's license
because of a
mental or physical disability shall be afforded a hearing in the manner
prescribed by subsection (c) of K.S.A. 8-255, and amendments thereto.
(7) Seizure disorders which are controlled shall
not be considered a disability. In cases where such seizure disorders are not
controlled, the
director or the medical advisory board may recommend that such person be issued
a driver's license to drive class C or M vehicles and restricted to operating
such vehicles as the division determines to be
appropriate to assure the safe operation of a motor vehicle by the licensee.
Restricted licenses issued pursuant
to this paragraph shall be subject to
suspension or revocation.
For the purpose of this paragraph, seizure disorders which are controlled
means that the licensee has not sustained a seizure involving a loss of
consciousness in the waking state within six months preceding the application
or renewal of a driver's license and whenever a person licensed
to practice
medicine and surgery makes
a written report to the division stating that the licensee's seizures are
controlled. The report shall be based on an examination of the applicant's
medical condition not more than three months prior to the date the report is
submitted. Such report shall be made on a form furnished to the applicant by
the division.
Any physician who makes such report shall not be liable
for any damages which may be attributable to the issuance or renewal of a
driver's license and subsequent operation of a motor vehicle by the licensee.
(f) If the driver's license of any person expires while such person is
outside the state of Kansas, the license of such person shall be extended for a
period not to exceed six months and shall be renewable, without a driving
examination, at any time prior to the end of the sixth month following the
original expiration date of such license or within 10 days after such person
returns to the state, whichever time is sooner.
This subsection (f) shall not apply to temporary drivers' licenses issued
pursuant to subsection (b)(3) of K.S.A. 8-240, and amendments thereto.
(g) The division shall provide the following information in a person's
notice of expiration or renewal under subsection (c):
(1) Written information explaining the person's right to make an anatomical
gift in accordance with K.S.A. 8-243, and amendments thereto, and the
revised uniform anatomical gift act,
K.S.A. 2009 Supp.
65-3220 through 65-3244,
and amendments thereto;
(2) written information describing the organ donation registry program
maintained by the Kansas federally designated organ procurement organization.
The written information required under this
paragraph shall include, in a type, size and format that is conspicuous in
relation to the surrounding material, the address and telephone number of
Kansas' federally designated organ procurement organization, along with an
advisory to call such designated organ procurement
organization with questions about the organ donor
registry program;
(3) written information giving the applicant the opportunity to be placed on
the organ donation registry described in paragraph (2);
(4) inform the applicant in writing that, if the applicant indicates under
this subsection a willingness to have such applicant's name placed on the organ
donor registry described in paragraph (2), the division will forward the
applicant's name, gender, date of birth and most recent address to the organ
donation registry maintained by the
Kansas federally designated organ procurement organization,
as required by paragraph (6);
(5) the division may fulfill the requirements of paragraph (4) by one or more
of the following methods:
(A) Providing printed material enclosed with a mailed notice for driver's
license renewal; or
(B) providing printed material to an applicant who personally appears at an
examining station;
(6) if an applicant indicates a willingness under this subsection to have
such applicant's name placed on the organ donor registry, the
division shall within 10 days forward the applicant's name, gender, date of
birth and most recent address to the organ donor registry maintained by the
Kansas federally designated organ procurement organization. The division may
forward information under this subsection by mail or by electronic means. The
division shall not maintain a record of the name or address of an individual
who indicates a willingness to have such person's name placed on the organ
donor registry after forwarding that information to the organ donor registry
under this subsection. Information about an applicant's indication of a
willingness to have such applicant's name placed on the organ donor registry
that is obtained by the division and forwarded under this paragraph shall be
confidential and not disclosed.
(h) Notwithstanding any other provisions of law, any offender under
subsection (a)(1)(D) who held a valid driver's license on the effective date of
this act may continue to operate motor vehicles until the next anniversary of
the date of birth of such offender. Upon such date such driver's license shall
expire and the offender
shall be subject to the provisions of this section.
History: L. 1937, ch. 73, § 14;
L. 1938, ch. 13, § 2;
L. 1949, ch. 104, § 18;
L. 1955, ch. 51, § 2;
L. 1958, ch. 48, § 2 (Budget Session);
L. 1959, ch. 49, § 15;
L. 1968, ch. 5, § 1;
L. 1969, ch. 52, § 2;
L. 1973, ch. 30, § 3;
L. 1975, ch. 36, § 18;
L. 1975, ch. 37, § 3;
L. 1982, ch. 41, § 2;
L. 1983, ch. 33, § 1;
L. 1986, ch. 38, § 2;
L. 1988, ch. 47, § 8;
L. 1991, ch. 36, § 10;
L. 1992, ch. 25, § 1;
L. 1993, ch. 154, § 7;
L. 1995, ch. 45, § 2;
L. 1997, ch. 36, § 3;
L. 2001, ch. 82, § 1;
L. 2002, ch. 60, § 2;
L. 2006, ch. 214, § 4;
L. 2006, ch. 214, § 5;
L. 2007, ch. 68, § 3;
L. 2007, ch. 195, § 4; July 1.
8-247.Expiration of licenses; annual renewal for
registered offenders; notice; mandatory examination for
renewal of license; reexamination; additional examinations; seizure
disorders; extension of license when out-of-state; anatomical gift; state organ
and tissue registry.
(a) (1) All original licenses shall expire as follows:
(A) Licenses issued to persons who are at least 21 years of age, but less
than 65 years of age shall expire on the sixth anniversary of the date of birth
of the licensee which is nearest the date of application;
(B) licenses issued to persons who are 65 years of age or older shall expire
on the fourth anniversary of the date of birth of the licensee which is nearest
the date of application;
(C) any commercial drivers license shall expire on the
fourth anniversary of
the date of birth of the licensee which is nearest the date of application;
(D) licenses issued to an offender, as defined in K.S.A. 22-4902, and
amendments thereto, who is required to register pursuant to the Kansas offender
registration act, K.S.A. 22-4901 et seq., and amendments thereto, shall expire
every year on the date of birth of the licensee; or
(E) licenses issued to persons who are less than 21 years of age shall expire
on the licensee's twenty-first birthday.
(2) All renewals under: (A) Paragraph (1) (A) shall expire on every sixth
anniversary of the date of birth of the licensee; (B) paragraph (1) (B) and
(C) shall expire on every fourth anniversary of the
date of birth of the licensee; (C) paragraph (1)(D) shall expire
every year on the date of birth of the licensee; and (D) paragraph (1) (E),
if a renewal license is issued, shall expire on the licensee's twenty-first
birthday. No driver's license
shall expire in the same calendar year in which the
original license or renewal license is issued, except that if the
foregoing provisions of this section shall
require the issuance of a
renewal license or an original license for a period of less than six
calendar months, the license issued to the applicant shall expire in accordance
with the provisions of this subsection.
(b) If the driver's license of any person expires while such
person is outside of the state of Kansas and on active duty in the armed
forces of the United States, the license of such person shall be
renewable, without examination, at any time prior to the end of the
sixth month following the discharge of such person from the armed
forces, or within 90 days after reestablished residence within
the state, whichever time is sooner.
(c) At least 30 days prior to the expiration of a person's
license the division shall mail a notice of expiration or
renewal application to such person at the address shown on the license.
The division shall include with such notice: (1) A copy of the eyesight
examination form; (2) a copy of the written examination prescribed by
subsection (e); (3) a copy of the Kansas
driver's manual, prepared pursuant to K.S.A. 8-266b, and amendments
thereto; and (4) the written information required under subsection (g).
(d) (1) Except as provided in paragraph (2), every driver's license
shall be renewable on or before its
expiration upon application and payment of the required fee and
successful completion of the examinations required by subsection
(e). Application for renewal of a valid driver's license shall
be made to the division in accordance with rules and
regulations adopted by the secretary of revenue. Such application shall
contain all the requirements of subsection (b) of K.S.A. 8-240, and
amendments thereto. Upon
satisfying the foregoing requirements of this subsection, and if the
division makes the findings required by K.S.A. 8-235b, and amendments
thereto, for the issuance
of an original license, the license shall be renewed without examination
of the applicant's driving ability. If the division finds
that any of the statements relating to revocation, suspension or refusal
of licenses required under subsection (b) of K.S.A. 8-240, and amendments
thereto, are in the
affirmative, or if it finds that the license held by the applicant is
not a valid one, or if the applicant has failed to make application for
renewal of such person's license on or before the expiration date thereof,
the division may require the applicant to take an examination of
ability to exercise ordinary and reasonable control in the operation of
a motor vehicle as provided in K.S.A. 8-235d, and amendments thereto.
(2) Any licensee, whose driver's license expires on their twenty-first
birthday, shall have 45 days from the date of expiration of such license to
make application to renew such licensee's license. Such license shall
continue to be valid for such 45 days or until such license is renewed,
whichever occurs
sooner. A licensee who renews under the provisions of this paragraph shall not
be required by the division to take an
examination of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle as provided in K.S.A. 8-235d, and amendments
thereto.
(e) (1) Prior to renewal of a driver's license,
the applicant shall pass an examination of eyesight
and a written examination of ability to read and understand
highway signs regulating, warning and directing traffic and
knowledge of the traffic laws of this state. Such examination shall be
equivalent to the tests required for an original
driver's license under K.S.A. 8-235d, and amendments thereto. A driver's
license examiner
shall administer the examinations without charge and shall report the
results of the examinations on a form provided by the division, which shall
be submitted by the applicant to the division at
the time such applicant applies for license renewal.
(2) In lieu of the examination of the applicant's eyesight by the
examiner, the applicant may submit a report on the
examination of eyesight by a physician licensed to practice
medicine and surgery or by a licensed optometrist. The report shall be
based on an examination of the applicant's eyesight not more than three
months prior to the date the report is submitted, and it shall be
made on a form furnished the applicant with the notice of the
expiration of license under subsection (c).
(3) In lieu of the driver's license examiner administering the written
examination, the applicant may complete the examination furnished with the
notice of the expiration of license under subsection (c) and submit the
completed examination to the division.
(4) The division shall determine whether the results of the written
examination and the eyesight reported are sufficient for
renewal of the license and, if the
results of either or both of the examinations are insufficient, the
division shall notify the applicant of such fact and return the license
fee. In determining the sufficiency of an
applicant's eyesight, the division may request an advisory opinion of
the medical advisory board, which is hereby authorized to render such opinions.
(5) An applicant who is denied a license under
this subsection (e) may
reapply for renewal of such person's driver's license, except that if such
application is not
made within 90 days of the date the division sent notice to the
applicant that the license would not be renewed, the applicant shall
proceed as if applying for an original driver's license. If the
applicant has been denied renewal of such person's driver's license because
such applicant failed to pass the written examination, the applicant shall
pay an examination fee of $1.50 to take the test again.
(6) When the division has good cause to believe that an applicant for
renewal of a driver's license is incompetent or otherwise not qualified
to operate a motor vehicle in accord with the public safety and welfare,
the division may require such
applicant to submit to such additional examinations as are
necessary to determine that the applicant is qualified to receive the
license applied for. Subject to paragraph (7) of this
subsection, in so evaluating
such qualifications, the
division may request an advisory opinion of the medical advisory board
which is hereby authorized to render such opinions in addition to its
duties prescribed by subsection (b) of K.S.A. 8-255b, and amendments
thereto. Any such applicant
who is denied the renewal of such a driver's license
because of a
mental or physical disability shall be afforded a hearing in the manner
prescribed by subsection (c) of K.S.A. 8-255, and amendments thereto.
(7) Seizure disorders which are controlled shall
not be considered a disability. In cases where such seizure disorders are not
controlled, the
director or the medical advisory board may recommend that such person be issued
a driver's license to drive class C or M vehicles and restricted to operating
such vehicles as the division determines to be
appropriate to assure the safe operation of a motor vehicle by the licensee.
Restricted licenses issued pursuant
to this paragraph shall be subject to
suspension or revocation.
For the purpose of this paragraph, seizure disorders which are controlled
means that the licensee has not sustained a seizure involving a loss of
consciousness in the waking state within six months preceding the application
or renewal of a driver's license and whenever a person licensed
to practice
medicine and surgery makes
a written report to the division stating that the licensee's seizures are
controlled. The report shall be based on an examination of the applicant's
medical condition not more than three months prior to the date the report is
submitted. Such report shall be made on a form furnished to the applicant by
the division.
Any physician who makes such report shall not be liable
for any damages which may be attributable to the issuance or renewal of a
driver's license and subsequent operation of a motor vehicle by the licensee.
(f) If the driver's license of any person expires while such person is
outside the state of Kansas, the license of such person shall be extended for a
period not to exceed six months and shall be renewable, without a driving
examination, at any time prior to the end of the sixth month following the
original expiration date of such license or within 10 days after such person
returns to the state, whichever time is sooner.
This subsection (f) shall not apply to temporary drivers' licenses issued
pursuant to subsection (b)(3) of K.S.A. 8-240, and amendments thereto.
(g) The division shall provide the following information in a person's
notice of expiration or renewal under subsection (c):
(1) Written information explaining the person's right to make an anatomical
gift in accordance with K.S.A. 8-243, and amendments thereto, and the
revised uniform anatomical gift act,
K.S.A. 2009 Supp.
65-3220 through 65-3244,
and amendments thereto;
(2) written information describing the organ donation registry program
maintained by the Kansas federally designated organ procurement organization.
The written information required under this
paragraph shall include, in a type, size and format that is conspicuous in
relation to the surrounding material, the address and telephone number of
Kansas' federally designated organ procurement organization, along with an
advisory to call such designated organ procurement
organization with questions about the organ donor
registry program;
(3) written information giving the applicant the opportunity to be placed on
the organ donation registry described in paragraph (2);
(4) inform the applicant in writing that, if the applicant indicates under
this subsection a willingness to have such applicant's name placed on the organ
donor registry described in paragraph (2), the division will forward the
applicant's name, gender, date of birth and most recent address to the organ
donation registry maintained by the
Kansas federally designated organ procurement organization,
as required by paragraph (6);
(5) the division may fulfill the requirements of paragraph (4) by one or more
of the following methods:
(A) Providing printed material enclosed with a mailed notice for driver's
license renewal; or
(B) providing printed material to an applicant who personally appears at an
examining station;
(6) if an applicant indicates a willingness under this subsection to have
such applicant's name placed on the organ donor registry, the
division shall within 10 days forward the applicant's name, gender, date of
birth and most recent address to the organ donor registry maintained by the
Kansas federally designated organ procurement organization. The division may
forward information under this subsection by mail or by electronic means. The
division shall not maintain a record of the name or address of an individual
who indicates a willingness to have such person's name placed on the organ
donor registry after forwarding that information to the organ donor registry
under this subsection. Information about an applicant's indication of a
willingness to have such applicant's name placed on the organ donor registry
that is obtained by the division and forwarded under this paragraph shall be
confidential and not disclosed.
(h) Notwithstanding any other provisions of law, any offender under
subsection (a)(1)(D) who held a valid driver's license on the effective date of
this act may continue to operate motor vehicles until the next anniversary of
the date of birth of such offender. Upon such date such driver's license shall
expire and the offender
shall be subject to the provisions of this section.
History: L. 1937, ch. 73, § 14;
L. 1938, ch. 13, § 2;
L. 1949, ch. 104, § 18;
L. 1955, ch. 51, § 2;
L. 1958, ch. 48, § 2 (Budget Session);
L. 1959, ch. 49, § 15;
L. 1968, ch. 5, § 1;
L. 1969, ch. 52, § 2;
L. 1973, ch. 30, § 3;
L. 1975, ch. 36, § 18;
L. 1975, ch. 37, § 3;
L. 1982, ch. 41, § 2;
L. 1983, ch. 33, § 1;
L. 1986, ch. 38, § 2;
L. 1988, ch. 47, § 8;
L. 1991, ch. 36, § 10;
L. 1992, ch. 25, § 1;
L. 1993, ch. 154, § 7;
L. 1995, ch. 45, § 2;
L. 1997, ch. 36, § 3;
L. 2001, ch. 82, § 1;
L. 2002, ch. 60, § 2;
L. 2006, ch. 214, § 4;
L. 2006, ch. 214, § 5;
L. 2007, ch. 68, § 3;
L. 2007, ch. 195, § 4; July 1.