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Terms Used In Kansas Statutes 8-247

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dependent: A person dependent for support upon another.
  • Donor: The person who makes a gift.
  • drive: includes operation or physical control of a motor vehicle anywhere in the state;

    (k) "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

  • 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

  • examiner: means a drivers' license examiner of the division of vehicles or any person whom the director of vehicles has authorized, pursuant to the authority granted by this act, to accept applications for drivers' licenses and administer the examinations required for the issuance or renewal of drivers' licenses. See Kansas Statutes 8-234a
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
  • 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
  • Person: means every natural person, firm, copartnership, association, corporation or school. See Kansas Statutes 8-273
  • residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 8-2,128
  • 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

  • United States: means the 50 states and the District of Columbia;

    (aa) "division" means the division of vehicles of the Kansas department of revenue;

    (bb) "director" means the director of the division of vehicles of the Kansas department of revenue;

    (cc) "foreign country" means any jurisdiction other than the United States;

    (dd) "nonresident commercial driver's license" means a license issued pursuant to Kan. See Kansas Statutes 8-2,128

(a) (1) All original licenses issued on and after July 1, 2018, 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 that 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 that is nearest the date of application;

(C) any commercial drivers license shall expire on the fifth anniversary of the date of birth of the licensee that is nearest the date of application;

(D) licenses issued to an offender, as defined in Kan. Stat. Ann. § 22-4902, and amendments thereto, who is required to register pursuant to the Kansas offender registration act, Kan. Stat. Ann. § 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 21st 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) shall expire on every fourth anniversary of the date of birth of the licensee; (C) paragraph (1)(C) shall expire on every fifth anniversary of the date of birth of the licensee; (D) paragraph (1)(D) shall expire every year on the date of birth of the licensee; and (E) paragraph (1)(E), if a renewal license is issued, shall expire on the licensee’s 21st birthday. No driver‘s license shall expire in the same calendar year when 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 such person is on active duty in the armed forces of the United States, or is the spouse or a person who is residing with and is a dependent of such person on active duty, 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 residence within the state is reestablished, whichever time is sooner. If the driver’s license of any person under this subsection expires while such person is outside the United States, the division shall provide for renewal by mail, as long as the division has a photograph or digital image of such person maintained in the division’s records. A driver’s license renewed under the provisions of this subsection shall be renewed by mail only once.

(c) At least 30 days prior to the expiration of a person’s license the division shall mail, or send electronically if authorized by the person, a notice of expiration or renewal application to such person at the address shown on the license or the electronic mail address provided to the division. The division shall include with such notice a written explanation of substantial changes to traffic regulations enacted by the legislature.

(d) (1) Except as provided in paragraph (2) and (3), 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 Kan. Stat. Ann. § 8-240(b), and amendments thereto. Such notice shall also include a question asking if the applicant is willing to give such applicant’s authorization to be listed as an organ, eye and tissue donor in the Kansas donor registry in accordance with the revised uniform anatomical gift act, Kan. Stat. Ann. §§ 65-3220 through 65-3244, and amendments thereto. Upon satisfying the foregoing requirements of this subsection, and if the division makes the findings required by Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 8-240(b), 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 Kan. Stat. Ann. § 8-235d, and amendments thereto.

(2) Any licensee, whose driver’s license expires on the licensee’s 21st 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 Kan. Stat. Ann. § 8-235d, and amendments thereto.

(3) Any licensee, whose driver’s license has expired after March 12, 2020, and before March 31, 2021, shall have until June 30, 2021, to renew such licensee’s driver’s license.

(e) (1) Prior to renewal of a driver’s license, the applicant shall pass an examination of eyesight. Such examination shall be equivalent to the test required for an original driver’s license under Kan. Stat. Ann. § 8-235d, and amendments thereto. A driver’s license examiner shall administer the examination without charge and shall report the results of the examination on a form provided by the division.

(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 by the division to the applicant.

(3) The division shall determine whether the results of the eyesight examination or report is sufficient for renewal of the license and, if the results of the eyesight examination or report is 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, and the board is hereby authorized to render such opinions.

(4) An applicant who is denied a license under this subsection 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.

(5) 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 (6), in so evaluating such qualifications, the division may request an advisory opinion of the medical advisory board, and the board is hereby authorized to render such opinions in addition to its duties prescribed by Kan. Stat. Ann. § 8-255b(b), 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 Kan. Stat. Ann. § 8-255(c), and amendments thereto.

(6) Seizure disorders that 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 that 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 that 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 shall not apply to temporary drivers’ licenses issued pursuant to Kan. Stat. Ann. § 8-240(b)(3), and amendments thereto.

(g) (1) The division shall reference the website of the agency in a person’s notice of expiration or renewal under subsection (c). The division shall provide the following information on the website of the agency:

(A) Information explaining the person’s right to make an anatomical gift in accordance with Kan. Stat. Ann. § 8-243, and amendments thereto, and the revised uniform anatomical gift act, Kan. Stat. Ann. §§ 65-3220 through 65-3244, and amendments thereto;

(B) information describing the organ donation registry program maintained by the Kansas federally designated organ procurement organization. The 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;

(C) information giving the applicant the opportunity to be placed on the organ donation registry described in subparagraph (B); and

(D) information that, if the applicant indicates under this subsection a willingness to have such applicant’s name placed on the organ donor registry described in subparagraph (B), 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 (3);

(2) the division may fulfill the requirements of paragraph (1)(D) by one or more of the following methods:

(A) Providing such information on the website of the agency; or

(B) providing printed material to an applicant who personally appears at an examining station.

(3) 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.