8-198. Nonhighway and salvage vehicles exempt from registration; nonhighway certificates of title and salvage titles; permit for temporary operation; rebuilt or restored salvage vehicle; rebuilt salvage title; notice attached to rebuilt vehicle; penalties; all-terrain vehicles; work-site utility vehicles; travel trailers; no-fault insurance law inapplicable, exception. (a) A nonhighway or salvage vehicle shall not be required to be registered in this state, as provided in K.S.A. 8-135, and amendments thereto, but nothing in this section shall be construed as abrogating, limiting or otherwise affecting the provisions of K.S.A. 8-142, and amendments thereto, which make it unlawful for any person to operate or knowingly permit the operation in this state of a vehicle required to be registered in this state.
(b) Upon the sale or transfer of any nonhighway vehicle or salvage vehicle, the purchaser thereof shall obtain a nonhighway certificate of title or salvage title, whichever is applicable, in the following manner:
(1) If the transferor is a vehicle dealer, as defined in K.S.A. 8-2401, and amendments thereto, and a certificate of title has not been issued for such vehicle under this section or under the provisions of K.S.A. 8-135, and amendments thereto, such transferor shall make application for and assign a nonhighway certificate of title or a salvage title, whichever is applicable, to the purchaser of such nonhighway vehicle or salvage vehicle in the same manner and under the same conditions prescribed by K.S.A. 8-135, and amendments thereto, for the application for and assignment of a certificate of title thereunder. Upon the assignment thereof, the purchaser shall make application for a new nonhighway certificate of title or salvage title, as provided in subsection (c) or (d).
(2) Except as provided in K.S.A. 8-199(b), and amendments thereto, if a certificate of title has been issued for any such vehicle under the provisions of K.S.A. 8-135, and amendments thereto, the owner of such nonhighway vehicle or salvage vehicle may surrender such certificate of title to the division of vehicles and make application to the division for a nonhighway certificate of title or salvage title, whichever is applicable, or the owner may obtain from the county treasurer's office a form prescribed by the division of vehicles and, upon proper execution thereof, may assign the nonhighway certificate of title, salvage title or the regular certificate of title with such form attached to the purchaser of the nonhighway vehicle or salvage vehicle. Upon receipt of the nonhighway certificate of title, salvage title or the regular certificate of title with such form attached, the purchaser shall make application for a new nonhighway certificate of title or salvage title, whichever is applicable, as provided in subsection (c) or (d).
(3) If the transferor is not a vehicle dealer, as defined in K.S.A. 8-2401, and amendments thereto, and a certificate of title has not been issued for the vehicle under this section or a certificate of title was not required under K.S.A. 8-135, and amendments thereto, the transferor shall make application to the division for a nonhighway certificate of title or salvage title, whichever is applicable, as provided in this section, except that in addition thereto, the division shall require a bill of sale or such transferor's affidavit, with at least one other corroborating affidavit, that such transferor is the owner of such nonhighway vehicle or salvage vehicle. If the division is satisfied that the transferor is the owner, the division shall issue a nonhighway certificate of title or salvage title, whichever is applicable, for such vehicle, and the transferor shall assign the same to the purchaser, who shall make application for a new nonhighway certificate of title or salvage title, whichever is applicable, as provided in subsection (c) or (d).
(c) Every purchaser of a nonhighway vehicle, whether assigned a nonhighway certificate of title or a regular certificate of title with the form specified in subsection (b)(2) attached, shall make application to the county treasurer of the county where such person resides for a new nonhighway certificate of title in the same manner and under the same conditions as for an application for a certificate of title under K.S.A. 8-135, and amendments thereto. Such application shall be in the form prescribed by the director of vehicles and shall contain substantially the same provisions as required for an application under K.S.A. 8-135(c)(1), and amendments thereto. In addition, such application shall provide a place for the applicant to certify that the vehicle for which the application for a nonhighway certificate of title is made is a nonhighway vehicle and other provisions the director deems necessary. Each application for a nonhighway certificate of title shall be accompanied by a fee of $10, and if the application is not made to the county treasurer within the time prescribed by K.S.A. 8-135, and amendments thereto, for making application for a certificate of title thereunder, an additional fee of $2.
(d) (1) Except as otherwise provided by this section, the owner of a vehicle that meets the definition of a salvage vehicle shall apply for a salvage title before the ownership of the motor vehicle or travel trailer is transferred. In no event shall such application be made more than 60 days after the vehicle is determined to be a salvage vehicle.
(2) Every insurance company that, pursuant to a damage settlement, acquires ownership of a vehicle that has incurred damage requiring the vehicle to be designated a salvage vehicle, shall apply for a salvage title within 60 days after the title is assigned and delivered by the owner to the insurance company, with all liens released. In the event that an insurance company is unable to obtain voluntary assignment of the title after 30 days from the date the vehicle owner enters into an oral or written damage settlement agreement where the owner agrees to transfer the title, the insurance company may submit an application on a form prescribed by the division for a salvage title. The form shall be accompanied by an affidavit from the insurance company stating that: (A) The insurance company is unable to obtain a transfer of the title from the owner following an oral or written acceptance of an offer of damage settlement; (B) there is evidence of the damage settlement; (C) that there are no existing liens on the vehicle or all liens on the vehicle have been released; (D) the insurance company has physical possession of the vehicle; and (E) the insurance company has provided the owner, at the owner's last known address, 30 days' prior notice of such intent to transfer and the owner has not delivered a written objection to the insurance company.
(3) Every insurance company that makes a damage settlement for a vehicle that has incurred damage requiring such vehicle to be designated a salvage vehicle, but does not acquire ownership of the vehicle, shall notify the vehicle owner of the owner's obligation to apply for a salvage title for the motor vehicle or travel trailer, and shall notify the division of this fact in accordance with procedures established by the division. The vehicle owner shall apply for a salvage title within 60 days after being notified by the insurance company.
(4) The lessee of any vehicle that incurs damage requiring the vehicle to be designated a salvage vehicle shall notify the lessor of this fact within 30 days of the determination that the vehicle is a salvage vehicle.
(5) The lessor of any motor vehicle or travel trailer that has incurred damage requiring the vehicle to be titled as a salvage vehicle, shall apply for a salvage title within 60 days after being notified of this fact by the lessee.
(6) Every person acquiring ownership of a motor vehicle or travel trailer that meets the definition of a salvage vehicle, for which a salvage title has not been issued, shall apply 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) Every purchaser of a salvage vehicle, whether assigned a salvage title or a regular certificate of title with the form specified in subsection (b)(2) attached, shall make application to the county treasurer of the county where such person resides for a new salvage title, in the same manner and under the same condition as for an application for a certificate of title under K.S.A. 8-135, and amendments thereto. Such application shall be in the form prescribed by the director of vehicles and shall contain substantially the same provisions as required for an application under K.S.A. 8-135(c)(1), and amendments thereto. In addition, such application shall provide a place for the applicant to certify that the vehicle for which the application for salvage title is made is a salvage vehicle, and other provisions the director deems necessary. Each application for a salvage title shall be accompanied by a fee of $10 and if the application is not made to the county treasurer within the time prescribed by K.S.A. 8-135, and amendments thereto, for making application for a certificate of title thereunder, an additional fee of $2.
(8) Failure to apply for a salvage title as provided by this subsection shall be a class C nonperson misdemeanor.
(e) A nonhighway certificate of title or salvage title shall be in form and color as prescribed by the director of vehicles. A nonhighway certificate of title or salvage title shall indicate clearly and distinctly on its face that it is issued for a nonhighway vehicle or salvage vehicle, whichever is applicable. A nonhighway certificate of title or salvage title shall contain substantially the same information as required on a certificate of title issued under K.S.A. 8-135, and amendments thereto, and other information the director deems necessary.
(f) (1) A nonhighway certificate of title or salvage title may be transferred in the same manner and under the same conditions as prescribed by K.S.A. 8-135, and amendments thereto, for the transfer of a certificate of title, except as otherwise provided in this section. A nonhighway certificate of title or salvage title may be assigned and transferred only while the vehicle remains a nonhighway vehicle or salvage vehicle.
(2) Upon transfer or sale of a nonhighway vehicle in a condition that will allow the registration of such vehicle, the owner shall assign the nonhighway certificate of title to the purchaser, and the purchaser shall obtain a certificate of title and register such vehicle as provided in K.S.A. 8-135, and amendments thereto. No regular certificate of title shall be issued for a vehicle for which there has been issued a nonhighway certificate of title until there has been compliance with K.S.A. 8-116a, and amendments thereto.
(3) (A) Upon transfer or sale of a salvage vehicle that has been rebuilt or restored or is otherwise in a condition that will allow the registration of such vehicle, the owner shall assign the salvage title to the purchaser, and the purchaser shall obtain a rebuilt salvage title and register such vehicle as provided in K.S.A. 8-135, and amendments thereto. No rebuilt salvage title shall be issued for a vehicle for which there has been issued a salvage title until there has been compliance with K.S.A. 8-116a, and amendments thereto, and the notice required in subsection (f)(3)(B) has been attached to such vehicle.
(B) As part of the inspection for a rebuilt salvage title conducted under K.S.A. 8-116a, and amendments thereto, the Kansas highway patrol shall attach a notice affixed to the left door frame of the rebuilt salvage vehicle indicating the vehicle identification number of such vehicle and that such vehicle is a rebuilt salvage vehicle. In addition to any fee allowed under K.S.A. 8-116a, and amendments thereto, a fee of $5 shall be collected from the owner of such vehicle requesting the inspection for the notice required under this paragraph. All moneys received under this paragraph shall be remitted in accordance with K.S.A. 8-116a(e), and amendments thereto.
(C) Failure to apply for a rebuilt salvage title as provided by this paragraph shall be a class C nonperson misdemeanor.
(g) The owner of a salvage vehicle that has been issued a salvage title and has been assembled, reconstructed, reconstituted or restored or otherwise placed in an operable condition may make application to the county treasurer for a permit to operate such vehicle on the highways of this state over the most direct route from the place such salvage vehicle is located to a specified location named on the permit and to return to the original location. No such permit shall be issued for any vehicle unless the owner has motor vehicle liability insurance coverage or an approved self-insurance plan under K.S.A. 40-3104, and amendments thereto. Such permit shall be on a form furnished by the director of vehicles and shall state the date the vehicle is to be taken to the other location, the name of the insurer, as defined in K.S.A. 40-3103, and amendments thereto, and the policy number or a statement that the vehicle is included in a self-insurance plan approved by the commissioner of insurance, a statement attesting to the correctness of the information concerning financial security, the vehicle identification number and a description of the vehicle. Such permit shall be signed by the owner of the vehicle. The permit shall be carried in the vehicle for which it is issued and shall be displayed so that it is visible from the rear of the vehicle. The fee for such permit shall be $1 and shall be retained by the county treasurer.
(h) A nonhighway vehicle or salvage vehicle for which a nonhighway certificate of title or salvage title has been issued pursuant to this section shall not be deemed a motor vehicle for the purposes of K.S.A. 40-3101 through 40-3121, and amendments thereto, except when such vehicle is being operated pursuant to subsection (g). Any person who knowingly makes a false statement concerning financial security in obtaining a permit pursuant to subsection (g), or who fails to obtain a permit when required by law to do so is guilty of a class C misdemeanor.
(i) Any person who, on July 1, 1996, is the owner of an all-terrain vehicle, as defined in K.S.A. 8-126, and amendments thereto, shall not be required to file an application for a nonhighway certificate of title under the provisions of this section for such all-terrain vehicle, unless the person transfers an interest in such all-terrain vehicle.
(j) Any person who, on July 1, 2006, is the owner of a work-site utility vehicle, as defined in K.S.A. 8-126, and amendments thereto, shall not be required to file an application for a nonhighway certificate of title under the provisions of this section for such work-site utility vehicle, unless the person transfers an interest in such work-site utility vehicle.
(k) (1) A salvage vehicle pool, or a salvage vehicle dealer, as both are defined and licensed to operate in this state pursuant to K.S.A. 8-2401 et seq., and amendments thereto, may apply for an ownership document with the division of vehicles without forwarding the certificate of title to the division for a vehicle that is the subject of an insurance claim when:
(A) At the request of an insurance company, the salvage vehicle pool or salvage vehicle dealer obtains possession of the vehicle;
(B) the insurance claim for the vehicle has been closed without payment or denied by the insurance company; and
(C) the vehicle has remained unclaimed at the salvage vehicle pool's or salvage vehicle dealer's facility for more than 30 days.
(2) An application made pursuant to this subsection shall provide sufficient evidence that at least two written notices were delivered by certified mail to the address provided by the division of vehicles' ownership verification, or through another courier service that provides proof of delivery, to the owner of the vehicle and any lienholder of the vehicle identified in the division of vehicles' records requesting that the vehicle be removed from the salvage vehicle pool's or salvage vehicle dealer's facility. A salvage vehicle dealer shall also provide sufficient evidence to the division of the request by the insurance company to obtain possession of the vehicle. Such written notice shall specify that the owner of the vehicle and any lienholder of the vehicle identified in the division of vehicles' records has at least 30 days from the receipt of the notice to remove the vehicle. If the salvage vehicle pool or salvage vehicle dealer does not receive proof of delivery for the notices, the salvage vehicle pool or salvage vehicle dealer shall cause notice of the application for an ownership document to be published in a newspaper of general circulation in the county where the vehicle is located.
(3) If the most recent ownership document for the vehicle was not issued by this state, the application shall also include evidence of an inspection of the vehicle completed pursuant to K.S.A. 8-116a, and amendments thereto. The application shall also indicate whether a salvage title or a nonrepairable vehicle certificate shall be issued for the vehicle.
(4) Upon receipt of the application and all information required by this subsection, the division shall issue to the salvage vehicle pool or salvage vehicle dealer a salvage title or a nonrepairable vehicle certificate free and clear of all liens, security interests and encumbrances.
History: L. 1975, ch. 31, § 3; L. 1976, ch. 45, § 1; L. 1976, ch. 41, § 2; L. 1980, ch. 38, § 1; L. 1980, ch. 39, § 1; L. 1984, ch. 35, § 1; L. 1984, ch. 25, § 10; L. 1988, ch. 44, § 1; L. 1990, ch. 35, § 4; L. 1993, ch. 176, § 9; L. 1996, ch. 260, § 7; L. 1998, ch. 154, § 1; L. 1999, ch. 114, § 8; L. 2000, ch. 73, § 5; L. 2002, ch. 134, § 10; L. 2003, ch. 30, § 7; L. 2004, ch. 132, § 3; L. 2006, ch. 135, § 3; L. 2012, ch. 130, § 5; L. 2014, ch. 58, § 1; L. 2016, ch. 49, § 2; L. 2021, ch. 73, § 2; 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.