Kansas Statutes 8-116. Vehicle identification number offenses; possession or sale of vehicle without original VIN; removing or altering VIN; penalties; vehicle seizure and disposition; application to repairs and restorations of antique vehicles
Terms Used In Kansas Statutes 8-116
- Antique: means any vehicle, including an antique military vehicle, more than 35 years old, propelled by a motor using petroleum fuel, steam or electricity, or any combination thereof, regardless of the age or type of the components or equipment installed on the vehicle. See Kansas Statutes 8-166
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Manufacturer: means every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers. See Kansas Statutes 8-126
- Motor vehicle: means every vehicle, other than a motorized bicycle, electric-assisted bicycle or a motorized wheelchair, that is self-propelled. See Kansas Statutes 8-126
- Person: means every natural person, firm, partnership, association or corporation. See Kansas Statutes 8-126
- Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle. See Kansas Statutes 8-126
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Trailer: means every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle. See Kansas Statutes 8-126
- Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting electric personal assistive mobility devices or devices moved by human power or used exclusively upon stationary rails or tracks. See Kansas Statutes 8-126
- vehicle identification number: means an identifying number, serial number, engine number, transmission number or other distinguishing number or mark, placed on a vehicle, engine, transmission or other essential part by its manufacturer or by authority of the division of vehicles or the Kansas highway patrol or in accordance with the laws of another state or country. See Kansas Statutes 8-116a
(a) It is unlawful to sell, barter or exchange any motor vehicle, trailer or semitrailer, the original vehicle identification number of which has been destroyed, removed, altered or defaced, except as contemplated by Kan. Stat. Ann. § 8-116a, and amendments thereto, when no part of the motor vehicle, trailer or semitrailer has been stolen and a vehicle identification number has been assigned to the motor vehicle according to law. Violation of this subsection is a severity level 10, nonperson felony.
(b) It is unlawful to knowingly own or have the custody or possession of a motor vehicle, trailer or semitrailer, the original vehicle identification number of which has been destroyed, removed, altered or defaced, except as contemplated by Kan. Stat. Ann. § 8-116a, and amendments thereto, when no part of the motor vehicle, trailer or semitrailer has been stolen and a vehicle identification number has been assigned to the motor vehicle according to law. Violation of this subsection is a class C nonperson misdemeanor.
(c) Any person who shall destroy, remove, alter or deface any vehicle identification number, except as contemplated by Kan. Stat. Ann. § 8-116a, and amendments thereto, when no part of the motor vehicle, trailer or semitrailer has been stolen, is guilty of a severity level 10, nonperson felony.
(d) Every law enforcement officer in this state having knowledge of a motor vehicle, trailer or semitrailer, the vehicle identification number of which has been destroyed, removed, altered or defaced, shall seize and take possession of such motor vehicle, trailer or semitrailer.
(e) Every motor vehicle, trailer or semitrailer, the vehicle identification number of which has been destroyed, removed, altered or defaced and that has been seized under this section is an article of contraband and the provisions of Kan. Stat. Ann. § 22-2512, and amendments thereto, shall apply.
(f) No law enforcement agency or employee of such agency acting within the scope of employment shall be liable for damages resulting from the adoption or enforcement of any policy adopted under this section.
(g) The provisions of this section shall not apply when a person removes and reinstalls a manufacturer‘s serial number or a vehicle identification number on an antique vehicle, as defined in Kan. Stat. Ann. § 8-166, and amendments thereto, if:
(1) The removal and reinstallation are reasonably necessary for the repair or restoration of the antique vehicle;
(2) the person completing the repair or restoration of the antique vehicle reinstalls the manufacturer’s serial number or vehicle identification number immediately after the repair or restoration is complete; and
(3) the person does not know and has no reason to know that the antique vehicle is stolen.