8-255.Restriction, suspension or revocation of
driving privileges by division of vehicles; grounds;
procedure for restriction, suspension or revocation; driver improvement
clinics.
(a) The division is authorized to restrict, suspend or revoke a person's
driving privileges upon
a showing by its records or other sufficient evidence the person:
(1) Has been convicted with such frequency of serious offenses against
traffic regulations governing the movement of vehicles as to indicate a
disrespect for traffic laws and a disregard for the safety of other persons
on the highways;
(2) has been convicted of three or more moving traffic
violations committed on separate occasions within a 12-month
period;
(3) is incompetent to drive a motor vehicle;
(4) has been convicted of a moving traffic violation, committed at a
time when the person's driving
privileges were restricted, suspended or revoked; or
(5) is a member of the armed forces of the United States stationed at a
military installation located in the state of Kansas, and the authorities
of the military establishment certify that such person's on-base driving
privileges have been suspended, by action of the proper military
authorities, for violating the rules and regulations of the military
installation governing the movement of vehicular traffic or for any other
reason relating to the person's inability to exercise ordinary and
reasonable control in the operation of a motor vehicle.
(b) The division shall suspend a person's driving privileges when
required by K.S.A. 8-262,
8-1014, 21-3765 or 41-727,
and amendments
thereto,
and shall disqualify a
person's
privilege to drive commercial motor vehicles when required by K.S.A.
8-2,142, and amendments thereto.
The division shall restrict a person's driving privileges when required by
K.S.A. 2009 Supp. 39-7,155, and amendments thereto.
(c) When the action by the division restricting, suspending, revoking
or disqualifying
a person's driving privileges is based upon a report of a conviction
or convictions from a
convicting court, the person may not request a hearing
but, within 30 days after notice of restriction, suspension, revocation
or disqualification
is mailed, may
submit a written request for administrative review and provide evidence to the
division to show the person whose driving privileges have been
restricted, suspended,
revoked or disqualified by the division was not convicted of the offense upon
which the restriction, suspension, revocation or disqualification is
based. Within 30 days
of its receipt of the request for administrative review, the division shall
notify the person whether the restriction, suspension, revocation or
disqualification has
been affirmed or set aside. The request for administrative review shall not
stay any action taken by the division.
(d) Upon restricting, suspending, revoking or disqualifying
the driving privileges of any person as authorized
by this act, the division shall immediately notify the person in writing.
Except as provided by K.S.A. 8-1002 and 8-2,145, and amendments
thereto, and subsections (c) and (g), if the person
makes a written request for hearing within 30 days after such notice
of restriction, suspension or revocation is mailed, the division shall
afford the person an
opportunity for a hearing as early as practical not sooner than five days nor
more than 30 days after such request is mailed. If the division has not
revoked or suspended the person's driving
privileges or vehicle registration prior to the hearing, the hearing may
be held within not to exceed 45 days.
Except as provided by K.S.A. 8-1002
and 8-2,145, and amendments thereto,
the hearing
shall be held in the person's county of residence or a county adjacent
thereto, unless the
division and the person agree that the hearing may be held in some other
county. Upon the hearing, the director or the director's duly authorized
agent may administer oaths and may issue subpoenas for the attendance of
witnesses and the production of relevant books and papers and may require
an examination or reexamination of the person. When
the action proposed or taken by the division is authorized but not required,
the division, upon the hearing, shall either rescind or affirm its
order of restriction, suspension or revocation or, good cause
appearing therefor, extend the restriction or suspension of the person's
driving
privileges, modify the terms of the restriction or suspension or revoke
the person's
driving privileges.
When the action proposed or taken by the division is required, the
division, upon the hearing, shall either affirm its order of
restriction, suspension,
revocation or disqualification, or, good cause appearing therefor, dismiss
the administrative action.
If the person fails to request a hearing within the
time prescribed or if, after a hearing, the order of
restriction, suspension, revocation or disqualification is upheld, the
person
shall surrender to the
division, upon proper demand, any driver's license in the person's
possession.
(e) In case of failure on the part of any person to comply with
any
subpoena issued in [on] behalf of the division or the refusal of any
witness
to testify to any matters regarding which the witness
may be lawfully
interrogated, the district court of any county, on
application of the division, may compel obedience by proceedings for
contempt, as in the case of disobedience of the requirements of a subpoena
issued from the court or a refusal to testify
in the court. Each witness who
appears before the director or the director's duly authorized agent by
order or subpoena, other than an officer or employee of
the state or of a political subdivision of the state, shall receive
for the witness' attendance the fees and mileage provided for witnesses in
civil cases in courts of record, which shall be audited and paid upon the
presentation of proper vouchers sworn to by the witness.
(f) The division, in the interest of traffic and safety, may
establish or contract with a private individual, corporation, partnership or
association for the services of driver improvement clinics throughout the state
and, upon reviewing the driving record of a person whose driving privileges are
subject to suspension under subsection (a)(2), may permit the person to retain
such person's driving privileges by attending a driver improvement clinic. Any
person other than a person issued a commercial driver's license under K.S.A.
8-2,125 et seq., and amendments thereto, desiring to attend a driver
improvement clinic shall make application to the division and such application
shall be accompanied by the required fee. The secretary of revenue shall adopt
rules and regulations prescribing a driver's improvement clinic fee which shall
not exceed $500 and such rules and regulations deemed necessary for carrying
out
the provisions of this section, including the development of standards and
criteria to be utilized by such driver improvement clinics. Amounts received
under this subsection shall be remitted to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the same in the state
treasury as prescribed by subsection (f) of K.S.A. 8-267, and amendments
thereto.
(g) When the action by the division restricting a person's
driving privileges is based upon certification by the secretary of social and
rehabilitation services pursuant to K.S.A. 2009 Supp. 39-7,155, and amendments
thereto, the person may not request a hearing but, within 30 days after notice
of restriction is mailed, may submit a written request
for administrative review
and provide evidence to the division to show the person whose driving
privileges have been restricted by the division
is not the person
certified by the secretary of social and rehabilitation services, did not
receive timely notice of the proposed restriction from the secretary of social
and rehabilitation services or has been decertified by the secretary of social
and rehabilitation services. Within 30 days of its receipt of the request for
administrative review, the division shall notify the person whether the
restriction has been affirmed or set aside. The request for administrative
review shall not stay any action taken by the division.
History: L. 1937, ch. 73, § 22;
L. 1949, ch. 104, § 26;
L. 1959, ch. 49, § 24;
L. 1965, ch. 63, § 1;
L. 1967, ch. 59, § 4;
L. 1968, ch. 301, § 1;
L. 1972, ch. 27, § 1;
L. 1974, ch. 38, § 4;
L. 1975, ch. 36, § 24;
L. 1982, ch. 144, § 1;
L. 1983, ch. 35, § 1;
L. 1983, ch. 34, § 3;
L. 1983, ch. 36, § 1;
L. 1988, ch. 47, § 9;
L. 1990, ch. 44, § 1;
L. 1991, ch. 36, § 11;
L. 1994, ch. 353, § 1;
L. 2000, ch. 97, § 2;
L. 2001, ch. 5, § 32;
L. 2001, ch. 200, § 2;
L. 2006, ch. 186, § 5;
L. 2009, ch. 107, § 3; Jan. 1, 2010.
8-255.Restriction, suspension or revocation of
driving privileges by division of vehicles; grounds;
procedure for restriction, suspension or revocation; driver improvement
clinics.
(a) The division is authorized to restrict, suspend or revoke a person's
driving privileges upon
a showing by its records or other sufficient evidence the person:
(1) Has been convicted with such frequency of serious offenses against
traffic regulations governing the movement of vehicles as to indicate a
disrespect for traffic laws and a disregard for the safety of other persons
on the highways;
(2) has been convicted of three or more moving traffic
violations committed on separate occasions within a 12-month
period;
(3) is incompetent to drive a motor vehicle;
(4) has been convicted of a moving traffic violation, committed at a
time when the person's driving
privileges were restricted, suspended or revoked; or
(5) is a member of the armed forces of the United States stationed at a
military installation located in the state of Kansas, and the authorities
of the military establishment certify that such person's on-base driving
privileges have been suspended, by action of the proper military
authorities, for violating the rules and regulations of the military
installation governing the movement of vehicular traffic or for any other
reason relating to the person's inability to exercise ordinary and
reasonable control in the operation of a motor vehicle.
(b) The division shall suspend a person's driving privileges when
required by K.S.A. 8-262,
8-1014, 21-3765 or 41-727,
and amendments
thereto,
and shall disqualify a
person's
privilege to drive commercial motor vehicles when required by K.S.A.
8-2,142, and amendments thereto.
The division shall restrict a person's driving privileges when required by
K.S.A. 2009 Supp. 39-7,155, and amendments thereto.
(c) When the action by the division restricting, suspending, revoking
or disqualifying
a person's driving privileges is based upon a report of a conviction
or convictions from a
convicting court, the person may not request a hearing
but, within 30 days after notice of restriction, suspension, revocation
or disqualification
is mailed, may
submit a written request for administrative review and provide evidence to the
division to show the person whose driving privileges have been
restricted, suspended,
revoked or disqualified by the division was not convicted of the offense upon
which the restriction, suspension, revocation or disqualification is
based. Within 30 days
of its receipt of the request for administrative review, the division shall
notify the person whether the restriction, suspension, revocation or
disqualification has
been affirmed or set aside. The request for administrative review shall not
stay any action taken by the division.
(d) Upon restricting, suspending, revoking or disqualifying
the driving privileges of any person as authorized
by this act, the division shall immediately notify the person in writing.
Except as provided by K.S.A. 8-1002 and 8-2,145, and amendments
thereto, and subsections (c) and (g), if the person
makes a written request for hearing within 30 days after such notice
of restriction, suspension or revocation is mailed, the division shall
afford the person an
opportunity for a hearing as early as practical not sooner than five days nor
more than 30 days after such request is mailed. If the division has not
revoked or suspended the person's driving
privileges or vehicle registration prior to the hearing, the hearing may
be held within not to exceed 45 days.
Except as provided by K.S.A. 8-1002
and 8-2,145, and amendments thereto,
the hearing
shall be held in the person's county of residence or a county adjacent
thereto, unless the
division and the person agree that the hearing may be held in some other
county. Upon the hearing, the director or the director's duly authorized
agent may administer oaths and may issue subpoenas for the attendance of
witnesses and the production of relevant books and papers and may require
an examination or reexamination of the person. When
the action proposed or taken by the division is authorized but not required,
the division, upon the hearing, shall either rescind or affirm its
order of restriction, suspension or revocation or, good cause
appearing therefor, extend the restriction or suspension of the person's
driving
privileges, modify the terms of the restriction or suspension or revoke
the person's
driving privileges.
When the action proposed or taken by the division is required, the
division, upon the hearing, shall either affirm its order of
restriction, suspension,
revocation or disqualification, or, good cause appearing therefor, dismiss
the administrative action.
If the person fails to request a hearing within the
time prescribed or if, after a hearing, the order of
restriction, suspension, revocation or disqualification is upheld, the
person
shall surrender to the
division, upon proper demand, any driver's license in the person's
possession.
(e) In case of failure on the part of any person to comply with
any
subpoena issued in [on] behalf of the division or the refusal of any
witness
to testify to any matters regarding which the witness
may be lawfully
interrogated, the district court of any county, on
application of the division, may compel obedience by proceedings for
contempt, as in the case of disobedience of the requirements of a subpoena
issued from the court or a refusal to testify
in the court. Each witness who
appears before the director or the director's duly authorized agent by
order or subpoena, other than an officer or employee of
the state or of a political subdivision of the state, shall receive
for the witness' attendance the fees and mileage provided for witnesses in
civil cases in courts of record, which shall be audited and paid upon the
presentation of proper vouchers sworn to by the witness.
(f) The division, in the interest of traffic and safety, may
establish or contract with a private individual, corporation, partnership or
association for the services of driver improvement clinics throughout the state
and, upon reviewing the driving record of a person whose driving privileges are
subject to suspension under subsection (a)(2), may permit the person to retain
such person's driving privileges by attending a driver improvement clinic. Any
person other than a person issued a commercial driver's license under K.S.A.
8-2,125 et seq., and amendments thereto, desiring to attend a driver
improvement clinic shall make application to the division and such application
shall be accompanied by the required fee. The secretary of revenue shall adopt
rules and regulations prescribing a driver's improvement clinic fee which shall
not exceed $500 and such rules and regulations deemed necessary for carrying
out
the provisions of this section, including the development of standards and
criteria to be utilized by such driver improvement clinics. Amounts received
under this subsection shall be remitted to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the same in the state
treasury as prescribed by subsection (f) of K.S.A. 8-267, and amendments
thereto.
(g) When the action by the division restricting a person's
driving privileges is based upon certification by the secretary of social and
rehabilitation services pursuant to K.S.A. 2009 Supp. 39-7,155, and amendments
thereto, the person may not request a hearing but, within 30 days after notice
of restriction is mailed, may submit a written request
for administrative review
and provide evidence to the division to show the person whose driving
privileges have been restricted by the division
is not the person
certified by the secretary of social and rehabilitation services, did not
receive timely notice of the proposed restriction from the secretary of social
and rehabilitation services or has been decertified by the secretary of social
and rehabilitation services. Within 30 days of its receipt of the request for
administrative review, the division shall notify the person whether the
restriction has been affirmed or set aside. The request for administrative
review shall not stay any action taken by the division.
History: L. 1937, ch. 73, § 22;
L. 1949, ch. 104, § 26;
L. 1959, ch. 49, § 24;
L. 1965, ch. 63, § 1;
L. 1967, ch. 59, § 4;
L. 1968, ch. 301, § 1;
L. 1972, ch. 27, § 1;
L. 1974, ch. 38, § 4;
L. 1975, ch. 36, § 24;
L. 1982, ch. 144, § 1;
L. 1983, ch. 35, § 1;
L. 1983, ch. 34, § 3;
L. 1983, ch. 36, § 1;
L. 1988, ch. 47, § 9;
L. 1990, ch. 44, § 1;
L. 1991, ch. 36, § 11;
L. 1994, ch. 353, § 1;
L. 2000, ch. 97, § 2;
L. 2001, ch. 5, § 32;
L. 2001, ch. 200, § 2;
L. 2006, ch. 186, § 5;
L. 2009, ch. 107, § 3; Jan. 1, 2010.
8-255.Restriction, suspension or revocation of
driving privileges by division of vehicles; grounds;
procedure for restriction, suspension or revocation; driver improvement
clinics.
(a) The division is authorized to restrict, suspend or revoke a person's
driving privileges upon
a showing by its records or other sufficient evidence the person:
(1) Has been convicted with such frequency of serious offenses against
traffic regulations governing the movement of vehicles as to indicate a
disrespect for traffic laws and a disregard for the safety of other persons
on the highways;
(2) has been convicted of three or more moving traffic
violations committed on separate occasions within a 12-month
period;
(3) is incompetent to drive a motor vehicle;
(4) has been convicted of a moving traffic violation, committed at a
time when the person's driving
privileges were restricted, suspended or revoked; or
(5) is a member of the armed forces of the United States stationed at a
military installation located in the state of Kansas, and the authorities
of the military establishment certify that such person's on-base driving
privileges have been suspended, by action of the proper military
authorities, for violating the rules and regulations of the military
installation governing the movement of vehicular traffic or for any other
reason relating to the person's inability to exercise ordinary and
reasonable control in the operation of a motor vehicle.
(b) The division shall suspend a person's driving privileges when
required by K.S.A. 8-262,
8-1014, 21-3765 or 41-727,
and amendments
thereto,
and shall disqualify a
person's
privilege to drive commercial motor vehicles when required by K.S.A.
8-2,142, and amendments thereto.
The division shall restrict a person's driving privileges when required by
K.S.A. 2009 Supp. 39-7,155, and amendments thereto.
(c) When the action by the division restricting, suspending, revoking
or disqualifying
a person's driving privileges is based upon a report of a conviction
or convictions from a
convicting court, the person may not request a hearing
but, within 30 days after notice of restriction, suspension, revocation
or disqualification
is mailed, may
submit a written request for administrative review and provide evidence to the
division to show the person whose driving privileges have been
restricted, suspended,
revoked or disqualified by the division was not convicted of the offense upon
which the restriction, suspension, revocation or disqualification is
based. Within 30 days
of its receipt of the request for administrative review, the division shall
notify the person whether the restriction, suspension, revocation or
disqualification has
been affirmed or set aside. The request for administrative review shall not
stay any action taken by the division.
(d) Upon restricting, suspending, revoking or disqualifying
the driving privileges of any person as authorized
by this act, the division shall immediately notify the person in writing.
Except as provided by K.S.A. 8-1002 and 8-2,145, and amendments
thereto, and subsections (c) and (g), if the person
makes a written request for hearing within 30 days after such notice
of restriction, suspension or revocation is mailed, the division shall
afford the person an
opportunity for a hearing as early as practical not sooner than five days nor
more than 30 days after such request is mailed. If the division has not
revoked or suspended the person's driving
privileges or vehicle registration prior to the hearing, the hearing may
be held within not to exceed 45 days.
Except as provided by K.S.A. 8-1002
and 8-2,145, and amendments thereto,
the hearing
shall be held in the person's county of residence or a county adjacent
thereto, unless the
division and the person agree that the hearing may be held in some other
county. Upon the hearing, the director or the director's duly authorized
agent may administer oaths and may issue subpoenas for the attendance of
witnesses and the production of relevant books and papers and may require
an examination or reexamination of the person. When
the action proposed or taken by the division is authorized but not required,
the division, upon the hearing, shall either rescind or affirm its
order of restriction, suspension or revocation or, good cause
appearing therefor, extend the restriction or suspension of the person's
driving
privileges, modify the terms of the restriction or suspension or revoke
the person's
driving privileges.
When the action proposed or taken by the division is required, the
division, upon the hearing, shall either affirm its order of
restriction, suspension,
revocation or disqualification, or, good cause appearing therefor, dismiss
the administrative action.
If the person fails to request a hearing within the
time prescribed or if, after a hearing, the order of
restriction, suspension, revocation or disqualification is upheld, the
person
shall surrender to the
division, upon proper demand, any driver's license in the person's
possession.
(e) In case of failure on the part of any person to comply with
any
subpoena issued in [on] behalf of the division or the refusal of any
witness
to testify to any matters regarding which the witness
may be lawfully
interrogated, the district court of any county, on
application of the division, may compel obedience by proceedings for
contempt, as in the case of disobedience of the requirements of a subpoena
issued from the court or a refusal to testify
in the court. Each witness who
appears before the director or the director's duly authorized agent by
order or subpoena, other than an officer or employee of
the state or of a political subdivision of the state, shall receive
for the witness' attendance the fees and mileage provided for witnesses in
civil cases in courts of record, which shall be audited and paid upon the
presentation of proper vouchers sworn to by the witness.
(f) The division, in the interest of traffic and safety, may
establish or contract with a private individual, corporation, partnership or
association for the services of driver improvement clinics throughout the state
and, upon reviewing the driving record of a person whose driving privileges are
subject to suspension under subsection (a)(2), may permit the person to retain
such person's driving privileges by attending a driver improvement clinic. Any
person other than a person issued a commercial driver's license under K.S.A.
8-2,125 et seq., and amendments thereto, desiring to attend a driver
improvement clinic shall make application to the division and such application
shall be accompanied by the required fee. The secretary of revenue shall adopt
rules and regulations prescribing a driver's improvement clinic fee which shall
not exceed $500 and such rules and regulations deemed necessary for carrying
out
the provisions of this section, including the development of standards and
criteria to be utilized by such driver improvement clinics. Amounts received
under this subsection shall be remitted to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the same in the state
treasury as prescribed by subsection (f) of K.S.A. 8-267, and amendments
thereto.
(g) When the action by the division restricting a person's
driving privileges is based upon certification by the secretary of social and
rehabilitation services pursuant to K.S.A. 2009 Supp. 39-7,155, and amendments
thereto, the person may not request a hearing but, within 30 days after notice
of restriction is mailed, may submit a written request
for administrative review
and provide evidence to the division to show the person whose driving
privileges have been restricted by the division
is not the person
certified by the secretary of social and rehabilitation services, did not
receive timely notice of the proposed restriction from the secretary of social
and rehabilitation services or has been decertified by the secretary of social
and rehabilitation services. Within 30 days of its receipt of the request for
administrative review, the division shall notify the person whether the
restriction has been affirmed or set aside. The request for administrative
review shall not stay any action taken by the division.
History: L. 1937, ch. 73, § 22;
L. 1949, ch. 104, § 26;
L. 1959, ch. 49, § 24;
L. 1965, ch. 63, § 1;
L. 1967, ch. 59, § 4;
L. 1968, ch. 301, § 1;
L. 1972, ch. 27, § 1;
L. 1974, ch. 38, § 4;
L. 1975, ch. 36, § 24;
L. 1982, ch. 144, § 1;
L. 1983, ch. 35, § 1;
L. 1983, ch. 34, § 3;
L. 1983, ch. 36, § 1;
L. 1988, ch. 47, § 9;
L. 1990, ch. 44, § 1;
L. 1991, ch. 36, § 11;
L. 1994, ch. 353, § 1;
L. 2000, ch. 97, § 2;
L. 2001, ch. 5, § 32;
L. 2001, ch. 200, § 2;
L. 2006, ch. 186, § 5;
L. 2009, ch. 107, § 3; Jan. 1, 2010.