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8-142. Unlawful acts. It shall be unlawful for any person to commit any of the following acts and except as otherwise provided, violation is subject to penalties provided in K.S.A. 8-149, and amendments thereto:

First: To operate, or for the owner thereof knowingly to permit the operation, upon a highway of any vehicle, as defined in K.S.A. 8-126, and amendments thereto, which is not registered, or for which a certificate of title has not been issued or which does not have attached thereto and displayed thereon the license plate or plates assigned thereto by the division for the current registration year, including any registration decal required to be affixed to any such license plate pursuant to K.S.A. 8-134, and amendments thereto, subject to the exemptions allowed in K.S.A. 8-135, 8-198 and 8-1751a, and amendments thereto. A violation of this subsection by a person unlawfully claiming that a motor vehicle is exempt from registration as a self-propelled crane under K.S.A. 8-128(b), and amendments thereto, shall constitute an unclassified misdemeanor punishable by a fine of not less than $500. A person shall not be charged with a violation of this subsection for failing to display a registration decal on any vehicle except those included under K.S.A. 8-1,101 and K.S.A. 8-143m and 8-1,152, and amendments thereto, up to and including the 10th day following the expiration of the registration if the person is able to produce a printed payment receipt or electronic payment receipt from an online electronic payment processing system for the current 12-month registration period. Any charge for failing to display a registration decal up to and including the 10th day following the expiration of the registration shall be dismissed if the person produces in court a registration receipt for the current 12-month registration period which was valid at the time of arrest.

Second: To display or cause or permit to be displayed, or to have in possession, any registration receipt, certificate of title, registration license plate, registration decal, accessible parking placard or accessible parking identification card knowing the same to be fictitious or to have been canceled, revoked, suspended or altered. A violation of this subsection shall constitute an unclassified misdemeanor punishable by a fine of not less than $100 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection. This subsection shall not apply to the possession of: (a) Model year license plates displayed on antique vehicles as allowed under K.S.A. 8-172, and amendments thereto; or (b) distinctive license plates allowed under K.S.A. 8-1,147, and amendments thereto.

Third: To lend to or knowingly permit the use by one not entitled thereto any registration receipt, certificate of title, registration license plate or registration decal issued to the person so lending or permitting the use thereof.

Fourth: To fail or refuse to surrender to the division, upon demand, any registration receipt, certificate of title, registration license plate or registration decal which has been suspended, canceled or revoked.

Fifth: To use a false or fictitious name or address in any application for a certificate of title, the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application.

Sixth: For the owner of a motor vehicle to file application for the registration thereof, in any county other than the county in which the owner of the vehicle resides or has a bona fide place of business, which place is not an office or facility established or maintained solely for the purpose of obtaining registration.

Seventh: To operate on the highways of this state a vehicle or combination of vehicles whose weight with cargo is in excess of the gross weight for which the truck or truck tractor propelling the same is registered, except as provided by K.S.A. 8-143, and amendments thereto, and K.S.A. 8-1911(a) through (f), and amendments thereto. Such gross weight shall not be required to be in excess of the limitations described by K.S.A. 8-1908 and 8-1909, and amendments thereto, for such vehicle or combination of vehicles of which it is a part. Any person or owner who operates a vehicle in this state with a registration in violation of K.S.A. 8-143(b), and amendments thereto, shall be required to pay the additional fee equal to the fee required by the applicable registration fee schedule, less the amount of the fee required for the gross weight for which the vehicle is registered to obtain the proper registration therewith. A fine of $75 shall be assessed for all such gross weight registration violations.

Eighth: To operate a local truck or truck tractor which is registered for a gross weight of more than 12,000 pounds as a common carrier outside a radius of three miles beyond the corporate limits of the city in which such vehicle was based when registered and licensed or to operate any other local truck or truck tractor licensed for a gross weight of more than 12,000 pounds outside a radius of 25 miles beyond the corporate limits of the city in which such vehicle was based when registered and licensed, except as provided in K.S.A. 8-143(b) or 8-143i, and amendments thereto.

Ninth: To operate on the highways of this state a farm truck or farm trailer other than to transport: (a) Agricultural products produced by such owner; (b) commodities purchased by the owner for use on the farm owned or rented by the owner of such vehicles; (c) commodities for religious or educational institutions being transported by the owner of such vehicles for charity and without compensation of any kind, except as provided in K.S.A. 66-1,109(c), and amendments thereto; or (d) sand, gravel, slag stone, limestone, crushed stone, cinders, black top, dirt or fill material to a township road maintenance or construction site of the township in which the owner of such truck resides.

Tenth: To operate a farm truck or truck tractor used in combination with a trailer or semitrailer for a gross weight which does not include the empty weight of the truck or truck tractor or of the combination of any truck or truck tractor and any type of trailer or semitrailer, plus the maximum weight of cargo which will be transported on or with the same; and such farm truck or farm truck tractor used to transport a gross weight of more than 54,000 pounds shall have durably lettered on the side of the motor vehicle the words "farm vehicle—not for hire."

Eleventh: To operate on the highways of this state any truck or truck tractor without the current quarter of license fees being paid thereon.

Twelfth: To operate on the highways of this state a truck or truck tractor without carrying in the cab a copy of the registration receipt for such vehicle or without having painted or otherwise durably marked on the vehicle on both sides thereof, the gross weight for which the vehicle is licensed and the name and address of the owner thereof, except as provided in K.S.A. 8-143e, and amendments thereto.

Thirteenth: To operate on the highways of this state a farm trailer carrying more than 6,000 pounds without being registered and the registration fees paid thereon.

Fourteenth: To operate more than 6,000 miles in any calendar year any truck or truck tractor which has been registered and licensed to operate not more than 6,000 miles in such calendar year, as provided in K.S.A. 8-143(b), and amendments thereto, unless the additional fee required by such subsection (b) has been paid.

Fifteenth: For any owner who has registered a truck or truck tractor on the basis of operating not more than 6,000 miles to fail to keep the records required by the director of vehicles, or to fail to comply with rules and regulations of the secretary of revenue relating to such registration.

Sixteenth: To operate a vehicle or combination of vehicles on the national system of interstate and defense highways with a gross weight greater than permitted by the laws of the United States congress.

History: L. 1929, ch. 81, § 20; L. 1937, ch. 72, § 7; L. 1951, ch. 104, § 1; L. 1955, ch. 294, § 10; L. 1956, ch. 48, § 4; L. 1957, ch. 57, § 7; L. 1961, ch. 49, § 1; L. 1963, ch. 48, § 3; L. 1968, ch. 411, § 3; L. 1969, ch. 48, § 2; L. 1974, ch. 35, § 6; L. 1975, ch. 426, § 28; L. 1975, ch. 33, § 1; L. 1975, ch. 427, § 4; L. 1976, ch. 41, § 1; L. 1985, ch. 43, § 1; L. 1992, ch. 105, § 1; L. 1995, ch. 186, § 4; L. 1998, ch. 140, § 9; L. 2003, ch. 124, § 2; L. 2006, ch. 136, § 3; L. 2010, ch. 156, § 3; L. 2015, ch. 47, § 3; July 1.

Cross References to Related Sections:

Certain non-highway vehicles exempt from registration, see 8-198.

Law Review and Bar Journal References:

Nisi prius decision relating to reciprocal agreements with other states, 3 K.L.R. 168 (1954).

Discussed and analyzed, Charles H. Oldfather, Jr., 3 K.L.R. 305, 306 (1955).

Semitrailers with equipment permanently mounted thereon held road machinery and exempt from registration in nisi prius decision, 10 K.L.R. 110 (1961).

Survey of Kansas commercial law (1965-1969), 18 K.L.R. 388, 399 (1970).

Attorney General's Opinions:

Motor vehicle registration statutes and safety equipment statutes are uniformly applicable to all cities; registration of golf carts. 97-78.

Motor vehicles purchased outside state; date to be used in pro-rating property taxes. 97-86.

CASE ANNOTATIONS

1. City under no duty to furnish reasonably safe streets for unlicensed vehicle. Miller v. City of El Dorado, 152 Kan. 379, 381, 103 P.2d 835.

2. Gift of automobile valid although donee failed to comply herewith. In re Baumstimler, 159 Kan. 316, 319, 153 P.2d 927.

3. Cited; mortgagee's conduct precluded recovery from innocent purchaser from registered dealer. Rauh v. Dumler, 170 Kan. 698, 704, 228 P.2d 694.

4. Mentioned in holding vehicle sale void pursuant to K.S.A. 8-135. Melton v. Prickett, 203 Kan. 501, 508, 456 P.2d 34.

5. No proof that Kansas census discriminated against military personnel or college students; instructions to enumerators. Winter v. Docking, 373 F. Supp. 308.

6. Mini-bike operated on highway required to be registered for purposes of K.S.A. 40-3109 (a)(3). Kresyman v. State Farm Ins., 5 Kan. App. 2d 666, 668, 669, 623 P.2d 524.

7. State v. Groves, 7 Kan. App. 2d 545; reversed, see State v. Groves, 232 Kan. 66.

8. Concrete pump/boom truck is not a self-propelled crane or road machinery and is not exempt from motor vehicle registration. State v. Groves, 232 Kan. 66, 67, 68, 653 P.2d 457 (1982).

9. Violation of city ordinance prohibiting same acts does not count toward conviction under K.S.A. 8-285. State v. Wood, 231 Kan. 699, 701, 647 P.2d 1327 (1982).

10. Requiring payment of all personal property taxes before registering motor vehicle under K.S.A. 8-173 is constitutional. State v. Raulston, 9 Kan. App. 2d 714, 717, 687 P.2d 37 (1984).

11. Habitual violator penalty imposed under K.S.A. 8-287 as based upon determination in civil proceeding under K.S.A. 8-286 examined. State v. Whitehurst, 13 Kan. App. 2d 411, 772 P.2d 1251 (1988).

12. Doctrine of collateral estoppel barred conviction where particular vehicle found exempt in previous declaratory judgment action. State v. Parson, 15 Kan. App. 2d 374, 808 P.2d 443 (1991).

13. Indian nations are included in the definition of "state" for motor vehicle registration reciprocity purposes. State v. Wakole, 24 Kan. App. 2d 397, 398, 945 P.2d 421 (1997).

14. Reciprocity concerning auto registration requirements for neighboring state applies to individual properly registered by Indian tribe. State v. Wakole, 265 Kan. 53, 54, 959 P.2d 882 (1998).

15. Farm premises insurance covered accident involving unregistered motorcycle crossing highway dividing farm premises; motorcycle not subject to registration under facts. Farm Bur. Mut. Ins. Co. v. Kurtenbach, 265 Kan. 465, 476, 961 P.2d 53 (1998).

16. Stop of defendant's out-of-state vehicle for license plate violation upheld. U.S. v. Ramstad, 120 F. Supp. 2d 973, 977 (2000).

17. State officials had sufficient connection with enforcement of tribal laws at issue to fall within Ex Parte Young Exception. Prairie Band of Potawatomi Indians v. Wagnon, 276 F. Supp. 2d 1168, 1175 (2003).

18. Self-propelled cranes are exempt from vehicle registration; when. State v. Zeit, 39 Kan. App. 2d 364, 365, 369, 180 P.3d 1068 (2008).


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