Kansas Statutes 8-241. Licensee must submit to examination, when; examination and reinstatement fees; disposition of moneys; notice; restriction, suspension or revocation of license, when; license with DUI-IID designation, requirements, fees
Terms Used In Kansas Statutes 8-241
- Conviction: A judgement of guilt against a criminal defendant.
- conviction: means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law and in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated;
(i) "disqualification" means any of the following:
(1) The suspension, revocation, or cancellation of a commercial driver's license by the state or jurisdiction of issuance;
(2) any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control, other than parking, vehicle weight or vehicle defect violations;
(3) a determination by the federal motor carrier safety administration that a person is not qualified to operate a commercial motor vehicle under 49 C. See Kansas Statutes 8-2,128
- driver: means any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver's license;
(l) "driver's license" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
(1) Any temporary license or instruction;
(2) the privilege of any person to drive a motor vehicle whether or not such person holds a valid license; or
(3) any nonresident's operating privilege;
(m) "employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle;
(n) "endorsement" means an authorization to an individual's commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles;
(o) "felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;
(p) "gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. See Kansas Statutes 8-2,128
- Motor vehicle: means every vehicle that is self-propelled upon or by which any person or property is or may be transported or drawn upon a public highway except devices used exclusively upon stationary rails or tracks. See Kansas Statutes 8-273
- Oversight: Committee review of the activities of a Federal agency or program.
- patrol: means the state highway patrol;
(4) "address of principal residence" means: (A) The place where a person makes his or her permanent principal home; (B) place where a person resides, has an intention to remain and where they intend to return following an absence; or (C) place of habitation to which, whenever the person is absent, the person intends to return. See Kansas Statutes 8-234a
- Person: means every natural person, firm, copartnership, association, corporation or school. See Kansas Statutes 8-273
- secretary: means the secretary of the Kansas department of revenue;
(v) "serious traffic violation" means:
(1) Excessive speeding, is defined as 15 miles per hour or more over the posted speed limit;
(2) reckless driving, as defined under Kan. See Kansas Statutes 8-2,128
- state: means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of Northern Mariana Islands;
(6) "wireless communication device" means any wireless electronic communication device that provides for voice or data communication between two or more parties, including, but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer; and
(7) "religious organization" means any organization, church, body of communicants, or group, gathered in common membership for mutual support and edification in piety, worship and religious observances, or a society of individuals united for religious purposes at a definite place and which religious organization maintains an established place of worship within this state and has a regular schedule of services or meetings at least on a weekly basis and has been determined to be organized and created as a bona fide religious organization. See Kansas Statutes 8-234a
(a) Except as provided in Kan. Stat. Ann. § 8-2,125 through 8-2,142, and amendments thereto, any person licensed to operate a motor vehicle in this state shall submit to an examination whenever: (1) The division of vehicles has good cause to believe that such person is incompetent or otherwise not qualified to be licensed; or (2) the division of vehicles has suspended such person’s license pursuant to Kan. Stat. Ann. § 8-1014, and amendments thereto, as the result of a test refusal, test failure or conviction for a violation of Kan. Stat. Ann. § 8-1567, and amendments thereto, or a violation of a city ordinance or county resolution prohibiting the acts prohibited by Kan. Stat. Ann. § 8-1567, and amendments thereto, except that no person shall have to submit to and successfully complete an examination more than once as the result of separate suspensions arising out of the same occurrence.
(b) When a person is required to submit to an examination pursuant to subsection (a)(1), the fee for such examination shall be in the amount provided by Kan. Stat. Ann. § 8-240, and amendments thereto. When a person is required to submit to an examination pursuant to subsection (a)(2), the fee for such examination shall be $25. In addition, any person required to submit to an examination pursuant to subsection (a)(2) as the result of a test failure, a conviction for a violation of Kan. Stat. Ann. § 8-1567, and amendments thereto, or a violation of a city ordinance or county resolution prohibiting the acts prohibited by Kan. Stat. Ann. § 8-1567, and amendments thereto, shall be required, at the time of examination, to pay a reinstatement fee of $200 after the first occurrence, $400 after the second occurrence, $600 after the third occurrence and $800 after the fourth or subsequent occurrence; and as a result of a test refusal, shall be required, at the time of examination, to pay a reinstatement fee of $600 after the first occurrence, $900 after the second occurrence, $1,200 after the third occurrence and $1,500 after the fourth or subsequent occurrence.
(1) All examination fees collected pursuant to this section shall be remitted to the state treasurer, in accordance with the provisions of Kan. Stat. Ann. § 75-4215, and amendments thereto, who shall deposit the entire amount in the state treasury and credit 80% to the state highway fund and 20% shall be disposed of as provided in Kan. Stat. Ann. § 8-267, and amendments thereto.
(2) All reinstatement fees collected pursuant to this section shall be remitted to the state treasurer, in accordance with the provisions of Kan. Stat. Ann. § 75-4215, and amendments thereto, who shall deposit the entire amount in the state treasury and credit 35% to the community alcoholism and intoxication programs fund created pursuant to Kan. Stat. Ann. § 41-1126, and amendments thereto, 20% to the juvenile alternatives to detention fund created by Kan. Stat. Ann. § 79-4803, and amendments thereto, 20% to the forensic laboratory and materials fee fund created by Kan. Stat. Ann. § 28-176, and amendments thereto, and 25% to the driving under the influence fund created by Kan. Stat. Ann. § 75-5660, and amendments thereto. Moneys credited to the forensic laboratory and materials fee fund as provided herein shall be used to supplement existing appropriations and shall not be used to supplant general fund appropriations to the Kansas bureau of investigation.
(c) When an examination is required pursuant to subsection (a), at least five days’ written notice of the examination shall be given to the licensee. The examination administered hereunder shall be at least equivalent to the examination required by Kan. Stat. Ann. § 8-247(e), and amendments thereto, with such additional tests as the division deems necessary. Upon the conclusion of such examination, the division shall take action as may be appropriate and may suspend or revoke the license of such person or permit the licensee to retain such license, or may issue a license subject to restrictions as permitted under Kan. Stat. Ann. § 8-245, and amendments thereto.
(d) Refusal or neglect of the licensee to submit to an examination as required by this section shall be grounds for suspension or revocation of the license.
(e) The division may issue a driver‘s license with a DUI-IID designation for a licensee that is operating under ignition interlock restrictions required by Kan. Stat. Ann. § 8-1014, and amendments thereto. The reexamination requirement in subsection (a)(2) shall not require reexamination and payment of reinstatement fees until the end of the licensee’s ignition interlock restriction period. If the applicant’s Kansas driver’s license has been expired for one year or more, the applicant must complete a reexamination and pay any applicable reinstatement fees before qualifying for a driver’s license with an ignition interlock designation. All other requirements for issuance and renewal of a driver’s license under Kan. Stat. Ann. § 8-240, and amendments thereto, shall continue to apply. The renewal periods and other requirements in Kan. Stat. Ann. § 8-247, and amendments thereto, shall apply. The fees charged for the driver’s license with ignition interlock designation shall include: (1) The fee amounts set out in Kan. Stat. Ann. § 8-240(f), and amendments thereto; (2) fees prescribed by the secretary of revenue and required in Kan. Stat. Ann. § 8-243(a), and amendments thereto; and (3) a $10 fee to the DUI-IID designation fund. There is hereby created in the state treasury the DUI-IID designation fund. All moneys credited to the DUI-IID designation fund shall be used by the highway patrol only for the purpose of funding the administration and oversight of state certified ignition interlock manufacturers and their service providers.