8-135c. Nonrepairable vehicle certificate; definitions; requirements; application; penalties. (a) The provisions of this section shall be a part of and supplemental to the provisions of article 1 of chapter 8 of the Kansas Statutes Annotated, and as used in this section, the words and phrases defined by K.S.A. 8-126, and amendments thereto, shall have the meanings respectively ascribed to them therein.
(b) As used in this section:
(1) "Nonrepairable vehicle" means any motor vehicle which: (A) Has been damaged, destroyed, wrecked, burned or submerged in water to the extent that such motor vehicle is incapable of safe operation for use on roads or highways and has no resale value except as a source of parts or scrap only; or (B) the owner irreversibly designates as a source of parts or scrap;
(2) "nonrepairable vehicle certificate" means a motor vehicle ownership document issued by the division designating that vehicle a nonrepairable vehicle.
(c) (1) Except as otherwise provided by this section, the owner of a vehicle that meets the definition of a nonrepairable vehicle shall apply to the division for a nonrepairable vehicle certificate before the ownership of the motor vehicle is transferred. In no event shall such application be made more than 60 days after the vehicle is determined to be a nonrepairable vehicle.
(2) Every insurance company, which pursuant to a damage settlement, acquires ownership of a vehicle that has incurred damage requiring the vehicle to be designated a nonrepairable vehicle, shall apply to the division for a nonrepairable vehicle certificate within 60 days after the title is assigned and delivered by the owner to the insurance company, with all liens released.
(3) Every insurance company which makes a damage settlement for a vehicle that has incurred damage requiring such vehicle to be designated a nonrepairable vehicle, but does not acquire ownership of the vehicle, shall notify the vehicle owner of the owner's obligation to apply to the department for a nonrepairable vehicle certificate for the motor vehicle, and shall notify the division of this fact in accordance with procedures established by the division. The vehicle owner shall apply to the division for a nonrepairable vehicle certificate within 60 days after being notified by the insurance company.
(4) The lessee of any vehicle which incurs damage requiring the vehicle to be designated a nonrepairable vehicle shall notify the lessor of this fact within 30 days of the determination that the vehicle is a nonrepairable vehicle.
(5) The lessor of any motor vehicle which has incurred damage requiring the vehicle to be titled as a nonrepairable vehicle, shall apply to the division for a nonrepairable vehicle certificate within 60 days after being notified of this fact by the lessee.
(6) Every person acquiring ownership of a motor vehicle that meets the definition of a nonrepairable vehicle, for which a nonrepairable vehicle certificate has not been issued, shall apply to the division for the required document prior to any further transfer of such vehicle, but in no event, more than 60 days after ownership is acquired.
(7) Failure to apply for a nonrepairable vehicle certificate as provided by this subsection shall be a class C nonperson misdemeanor.
(d) (1) Upon notification of a vehicle's designation as a nonrepairable vehicle, the division shall issue a nonrepairable vehicle certificate.
(2) Each nonrepairable vehicle certificate shall contain the same identifying information and comply with format, size and security requirements applicable to certificates of title under K.S.A. 8-135, and amendments thereto, and shall be conspicuously labeled with this designation on the face of the certificate.
(3) Each application for a nonrepairable vehicle certificate shall be accompanied by the fee required for an original certificate of title under K.S.A. 8-135, and amendments thereto, and if the application is not made within the time prescribed by subsection (c), an additional fee of $2.
(e) (1) No motor vehicle for which a nonrepairable vehicle certificate has been issued shall be titled or registered by the division for use on the roads or highways of this state.
(2) Ownership of the motor vehicle for which a nonrepairable vehicle certificate has been issued may only be transferred once.
(3) Any motor vehicle transferred through the use of a nonrepairable vehicle certificate shall be dismantled, disassembled or recycled and may not be sold as a unit at retail.
When the nonrepairable vehicle has been crushed, dismantled, disassembled or recycled and such vehicle is sold to a scrap processor for recycling after the salvageable parts have been removed, the owner shall surrender the nonrepairable vehicle certificate to the division with the word recycled written or stamped across its face and no certificate of title of any type shall be issued nor any registration allowed again for such vehicle.
(4) A nonrepairable vehicle certificate may be used to transfer ownership of a motor vehicle 10 or more model years of age, in accordance with this section, when the owner does not have a certificate of title in the owner's possession.
(f) The secretary of the department of revenue may adopt rules and regulations as the secretary deems necessary to carry out the provisions of this section.
History: L. 2000, ch. 73, § 1; L. 2009, ch. 63, § 1; L. 2012, ch. 130, § 3; July 1.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
Article 1 - General Provisions
8-113 Identity of vehicles; unlawful acts; penalty.
8-113a Reporting stored, unclaimed vehicles to department, when; penalty for failure.
8-119 Penalty for violating 8-113 and 8-116.
8-120 Validity of 8-113, 8-116 and 8-119.
8-126a Number plates or tags; definitions.
8-128 Registration of vehicles, exceptions.
8-129 Application for registration; certificate of title; administration of motor vehicle functions.
8-130 Register of applications to be kept by division of vehicles.
8-133 Display of license plate.
8-135a Adding names of family members to titles and registrations.
8-135c Nonrepairable vehicle certificate; definitions; requirements; application; penalties.
8-135d Electronic certificates of title.
8-138a Nonresident owners licensed in state of residence; reciprocal privileges.
8-140 Division to suspend registration upon notice of theft or embezzlement.
8-141 When registration shall be refused; suspension of registration for failure to pay fees.
8-141a Classification change within registration year; limitations; minimum fees.
8-143d Licensing agents under 8-143b, 8-143c.
8-143e Registration receipts for truck or truck tractor; copies.
8-143f Distinctive plates for farm and local trucks.
8-143h Temporary intrastate licensing of certain farm trucks; fee.
8-143l Auction; 72-hour transport permits; conditions; fees.
8-145b Same; duties of treasurer and sheriff; criminal prosecution not excluded.
8-145g Repossessed certificates of title fee fund; abolished.
8-147 Manufacture of license plates and decals for registered vehicles; KCC identification tags.
8-148 Issuance and record of license plates; records open to public.
8-149 Violation of act; penalty.
8-152 Effect of noncompliance.
8-153 Proof of payment of sales tax required.
8-159 Purchase of materials for manufacture; approval of secretary of transportation.
8-160 Free license plates for disabled veterans; definition.
8-161 Disabled veterans registration and license plates; free; parking privileges; penalties.
8-161a Free license plates for disabled citizens organizations; definition.
8-161b Same; application; issuance; nontransferable; proof of eligibility.
8-162 License plates with amateur radio call letters; fee.
8-163 License plates with amateur radio call letters; rules and regulations.
8-166 Registration of antique vehicles; antique military vehicles; definitions.
8-168 Same; how application made.
8-169 Same; issuance of receipt.
8-171 Same; lost license plate, certificate of title or registration receipt; fee for duplicate.
8-174 Same; duty of county clerk; receipt by county treasurer.
8-175 Registration of vehicles; application to appraiser for appraisal; preparation of tax bill.
8-176 Rules and regulations; forms.
8-177 Same; false affidavit; penalty.
8-177c Prisoner of war license plates; surviving spouse; no fee or charge; rules and regulations.
8-177d Gold star mother license plates; procedures; requirements.
8-194 Special interest vehicles; military surplus vehicles; definitions.
8-199 Unlawful acts; violations classified; sales tax act unaffected.
8-199a Unlawful to remove notice required to be attached to rebuilt vehicles; penalty.
8-1,100 Apportioned registration of fleet vehicles engaged in interstate commerce; definitions.
8-1,103 Same; fees, computation.
8-1,105 Same; license plates or identification devices; fees; display of base plate or cab card.
8-1,107 Same; initial application, requirements; mileage calculation, applications and fees.
8-1,108 Same; addition of vehicles to fleet; determination of fees.
8-1,111 Same; negotiable title required; no Kansas title required, when.
8-1,117 Same; fraudulent registration; penalty.
8-1,121 Same; rules and regulations.
8-1,122 Same; prior reciprocal contracts or agreements not affected.
8-1,123 Same; act supplemental to registration laws.
8-1,123a Converter gear, registration, fee.
8-1,123b Intrastate motor carriers; enforcement actions against.
8-1,124 Accessible parking, definition.
8-1,126 Parking privileges for persons with disability.
8-1,127 Acceptable identification from other jurisdictions for persons with a disability.
8-1,128 Accessible parking spaces; marking.
8-1,129 Unlawful parking in accessible parking; blocking access ramp or aisle; penalties.
8-1,130 Falsely obtaining accessible parking identification; penalties.
8-1,130a Unlawfully utilizing accessible parking identification device; penalties.
8-1,131 Rules and regulations; handicapped accessible parking.
8-1,132 Act supplemental to 8-126 et seq.
8-1,133 Dispensing of motor-vehicle fuels for persons with a disability.
8-1,135 Waiver of penalty and interest on registration, when.
8-1,138 Registration of vehicles; residency; exceptions.
8-1,139 License plates for survivors of the attack on Pearl Harbor; application; issuance.
8-1,140 License plates for recipients of the purple heart medal.
8-1,142 Educational institution license plate; procedure; requirements.
8-1,143 Hunter permit; requirements; application; fee.
8-1,144 Donated motor vehicles for charitable auctions.
8-1,145 License plates for recipients of the congressional medal of honor.
8-1,146 License plates for United States military; military veterans; military branch decal.
8-1,147 Distinctive license plates, right to possession; limitations.
8-1,148 Children's trust fund license plates; procedures; requirements.
8-1,150 Kansas foundation for agriculture in the classroom license plates; procedures; requirements.
8-1,151 Shriners license plates; procedures; requirements.
8-1,152 Fleet motor vehicles; permanent registration; conditions.
8-1,153 Helping schools license plate; procedure; requirements.
8-1,154 Same; helping schools license plate program fund.
8-1,156 Decals for certain military medals or badges; fee; requirements.
8-1,157 Satisfaction of lien on vehicle; requirements for release; penalties; rules and regulations.
8-1,159 Emergency medical services license plates; procedure; requirements.
8-1,160 In God We Trust license plate; procedure; requirements.
8-1,161 Support Kansas arts license plate; procedure; requirements.
8-1,162 Boy Scouts of America license plate; requirements.
8-1,163 Vietnam war license plate; requirements.
8-1,164 I'm pet friendly license plate; requirements.
8-1,165 Permanent registration for certain trailers; fee; cab card; rules and regulations.
8-1,166 Families of the fallen license plate; requirements.
8-1,167 Ducks unlimited license plate; procedure; requirements.
8-1,168 Masonic lodge license plate; procedure; requirements.
8-1,169 Eisenhower foundation license plate; procedure; requirements.
8-1,170 Distinctive license plates; transferability of plates.
8-1,171 Donate life license plate; procedure; requirements.
8-1,172 Rotary international license plate; procedure; requirements.
8-1,173 Kansas horse council license plate; procedure; requirements.
8-1,174 Omega psi phi license plate; procedure; requirements.
8-1,175 Alzheimer's disease awareness license plates; procedure; requirements.
8-1,176 Kansas highway patrol staffing and training surcharge.
8-1,177 Law enforcement training center surcharge.
8-1,178 Autism awareness license plate; procedure; requirements.
8-1,179 Kansas 4-H foundation license plate; procedure; requirements.
8-1,181 Seat belt safety fund; creation.
8-1,182 Special olympics Kansas license plate; requirements.
8-1,183 Choose life license plate; requirements.
8-1,184 City of Wichita license plate; requirements.
8-1,185 Korean war veteran license plate; requirements.
8-1,186 Operation desert storm veteran license plate; requirements.
8-1,187 Operation Iraqi freedom veteran license plate; requirements.
8-1,188 Operation enduring freedom veteran license plate; requirements.
8-1,189 Fleet rental motor vehicles; registration; conditions.
8-1,190 Fleet rental vehicle administration fund; creation.
8-1,191 Braden's hope for childhood cancer license plate; requirements.
8-1,192 Proud educator license plate; requirements.
8-1,193 Alpha kappa alpha license plate; requirements.
8-1,194 United States army license plate; requirements; retired member designation.
8-1,195 United States navy license plate; requirements; retired member designation.
8-1,196 United States marine corps license plate; requirements; retired member designation.
8-1,197 United States air force license plate; requirements; retired member designation.
8-1,198 United States coast guard license plate; requirements; retired member designation.
8-1,199 United States space force license plate; requirements; retired member designation.
8-1,200 Gadsden flag license plate; requirements.
8-1,201 Love, Chloe foundation license plate; requirements.
8-1,202 Delta sigma theta license plate; requirements.
8-1,203 Distinctive license plate fee collection; report to legislature.