KANSAS OFFICE of
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8-126. Registration of vehicles; definitions. As used in this act:

(a) "All-terrain vehicle" means any motorized nonhighway vehicle, other than an electric-assisted bicycle, that is 55 inches or less in width measured from the outside of one tire rim to the outside of the other tire rim, having a dry weight of 1,500 pounds or less, traveling on three or more nonhighway tires.

(b) "Autocycle" means a three-wheel motorcycle that has a steering wheel and seating that does not require the operator to straddle or sit astride it.

(c) "Commission" or "state highway commission" means the director of vehicles of the department of revenue.

(d) "Contractor" means a person, partnership, corporation, local government, county government, county treasurer or other state agency that has contracted with the department to provide services associated with vehicle functions.

(e) "Department" or "motor vehicle department" or "vehicle department" means the division of vehicles of the department of revenue, acting directly or through its duly authorized officers and agents. When acting on behalf of the department of revenue pursuant to this act, a county treasurer shall be deemed to be an agent of the state of Kansas.

(f) "Division" means the division of vehicles of the department of revenue.

(g) "Electric-assisted bicycle" means the same as defined in K.S.A. 8-1489, and amendments thereto.

(h) "Electric-assisted scooter" means every self-propelled vehicle, other than an electric-assisted bicycle, that has at least two wheels in contact with the ground, an electric motor, handlebars, a brake and a deck that is designed to be stood upon when riding.

(i) "Electric personal assistive mobility device" means a self-balancing two nontandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.

(j) "Electric vehicle" means a vehicle that is powered by an electric motor drawing current from rechargeable storage batteries or other portable electrical energy storage devices, provided the recharge energy must be drawn from a source off the vehicle, such as, but not limited to:

(1) Residential electric service;

(2) an electric vehicle charging station, also called an EV charging station, an electric recharging point, a charging point, electric vehicle supply equipment (EVSE) or a public charging station.

(k) "Electronic certificate of title" means any electronic record of ownership, including any lien or liens that may be recorded, retained by the division in accordance with K.S.A. 8-135d, and amendments thereto.

(l) "Electronic notice of security interest" means the division's online internet program that enables a dealer or secured party to submit a notice of security interest as defined in this section, and to cancel the notice or release the security interest using the program. This program is also known as the Kansas elien or KSelien.

(m) "Farm tractor" means every motor vehicle designed and used as a farm implement power unit operated with or without other attached farm implements in any manner consistent with the structural design of such power unit.

(n) "Farm trailer" means every trailer and semitrailer as those terms are defined in this section, designed and used primarily as a farm vehicle.

(o) "Foreign vehicle" means every motor vehicle, trailer, or semitrailer that shall be brought into this state otherwise than in ordinary course of business by or through a manufacturer or dealer and has not been registered in this state.

(p) "Golf cart" means a motor vehicle that does not have fewer than three wheels in contact with the ground, an unladen weight of not more than 1,800 pounds, is designed to be and is operated at not more than 25 miles per hour and is designed to carry not more than four persons including the driver.

(q) "Highway" means every way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel. The term "highway" does not include a roadway or driveway upon grounds owned by private owners, colleges, universities or other institutions.

(r) "Implement of husbandry" means every vehicle designed or adapted and used exclusively for agricultural operations, including feedlots, and only incidentally moved or operated upon the highways. "Implement of husbandry" includes, but is not limited to:

(1) A farm tractor;

(2) a self-propelled farm implement;

(3) a fertilizer spreader, nurse tank or truck permanently mounted with a spreader used exclusively for dispensing or spreading water, dust or liquid fertilizers or agricultural chemicals, as defined in K.S.A. 2-2202, and amendments thereto, regardless of ownership;

(4) a truck mounted with a fertilizer spreader used or manufactured principally to spread animal dung; and

(5) a mixer-feed truck owned and used by a feedlot, as defined in K.S.A. 47-1501, and amendments thereto, and specially designed and used exclusively for dispensing food to livestock in such feedlot.

(s) "Lien" means a security interest as defined in this section.

(t) "Lightweight roadable vehicle" means a multipurpose motor vehicle that is allowed to be driven on public roadways and is required to be registered with, and flown under the direction of, the federal aviation administration.

(u) "Manufacturer" means every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.

(v) "Micro utility truck" means any motor vehicle that is not less than 48 inches in width, has an overall length, including the bumper, of not more than 160 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured and is manufactured with a metal cab. "Micro utility truck" does not include a work-site utility vehicle or recreational off-highway vehicle.

(w) "Motor vehicle" means every vehicle, other than a motorized bicycle, electric-assisted bicycle or a motorized wheelchair, that is self-propelled.

(x) "Motorcycle" means every motor vehicle, including autocycles, designed to travel on not more than three wheels in contact with the ground, except an electric-assisted bicycle or any such vehicle as may be included within the term "tractor" as defined in this section.

(y) "Motorized bicycle" means every device, other than an electric-assisted bicycle, having two tandem wheels or three wheels, that may be propelled by either human power or helper motor, or by both, and has:

(1) A motor that produces not more than 3.5 brake horsepower;

(2) a cylinder capacity of not more than 130 cubic centimeters;

(3) an automatic transmission; and

(4) the capability of a maximum design speed of no more than 30 miles per hour.

(z) "Motorized wheelchair" means any self-propelled vehicle designed specifically for use by a physically disabled person and such vehicle is incapable of a speed in excess of 15 miles per hour.

(aa) "New vehicle dealer" means every person actively engaged in the business of buying, selling or exchanging new motor vehicles, travel trailers, trailers or vehicles who holds a dealer's contract therefor from a manufacturer or distributor and has an established place of business in this state.

(bb) "Nonresident" means every person who is not a resident of this state.

(cc) "Notice of security interest" means a notification to the division from a dealer or secured party of a purchase money security interest as provided in article 9 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto, upon a vehicle that has been sold and delivered to the purchaser describing the vehicle and showing the name, address and acknowledgment of the secured party as well as the name and address of the debtor or debtors and other information the division requires.

(dd) "Oil well servicing, oil well clean-out or oil well drilling machinery or equipment" means a vehicle constructed as a machine used exclusively for servicing, cleaning-out or drilling an oil well and consisting in general of a mast, an engine for power, a draw works and a chassis permanently constructed or assembled for one or more of those purposes. The passenger capacity of the cab of a vehicle shall not be considered in determining whether such vehicle is oil well servicing, oil well clean-out or oil well drilling machinery or equipment.

(ee) "Owner" means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or in the event a vehicle is subject to a lease of 30 days or more with an immediate right of possession vested in the lessee; or in the event a party having a security interest in a vehicle is entitled to possession, then such conditional vendee or lessee or secured party shall be deemed the owner for the purpose of this act.

(ff) "Passenger vehicle" means every motor vehicle, as defined in this section, that is designed primarily to carry 10 or fewer passengers, and is not used as a truck.

(gg) "Person" means every natural person, firm, partnership, association or corporation.

(hh) "Pole trailer" means any two-wheel vehicle used as a trailer with bolsters that support the load, and do not have a rack or body extending to the tractor drawing the load.

(ii) "Recreational off-highway vehicle" means any motor vehicle not greater than 75 inches in width measured from the outside of one tire rim to the outside of the other tire rim, having a dry weight of 3,500 pounds or less, traveling on four or more nonhighway tires.

(jj) "Road tractor" means every motor vehicle designed and used for drawing other vehicles, and not so constructed as to carry any load thereon independently, or any part of the weight of a vehicle or load so drawn.

(kk) "Self-propelled farm implement" means every farm implement designed for specific use applications with its motive power unit permanently incorporated in its structural design.

(ll) "Semitrailer" means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.

(mm) "Specially constructed vehicle" means any vehicle that shall not have been originally constructed under a distinctive name, make, model or type, or that, if originally otherwise constructed shall have been materially altered by the removal of essential parts, or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles.

(nn) "Trailer" means every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

(oo) "Travel trailer" means every vehicle without motive power designed to be towed by a motor vehicle constructed primarily for recreational purposes.

(pp) "Truck" means a motor vehicle that is used for the transportation or delivery of freight and merchandise or more than 10 passengers.

(qq) "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle or load so drawn.

(rr) "Used vehicle dealer" means every person actively engaged in the business of buying, selling or exchanging used vehicles, and having an established place of business in this state and who does not hold a dealer's contract for the sale of new motor vehicles, travel trailers or vehicles.

(ss) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting electric personal assistive mobility devices or devices moved by human power or used exclusively upon stationary rails or tracks.

(tt) "Vehicle functions" means services relating to the application, processing, auditing or distribution of original or renewal vehicle registrations, certificates of title, driver's licenses and division-issued identification cards associated with services and functions set out in articles 1, 2 and 13 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto. "Vehicle functions" may also include personal property taxation duties set out in article 51 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, and other vehicle-related events described in article 1 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto.

(uu) "Work-site utility vehicle" means any motor vehicle that is not less than 48 inches in width, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more nonhighway tires, a steering wheel and bench or bucket-type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials. "Work-site utility vehicle" does not include a micro utility truck or recreational off-highway vehicle.

History: L. 1929, ch. 81, § 1; L. 1937, ch. 72, § 1; L. 1955, ch. 294, § 1; L. 1956, ch. 48, § 1; L. 1957, ch. 57, § 1; L. 1968, ch. 411, § 1; L. 1972, ch. 342, § 29; L. 1973, ch. 25, § 1; L. 1975, ch. 426, § 27; L. 1977, ch. 28, § 1; L. 1978, ch. 29, § 1; L. 1982, ch. 36, § 2; L. 1984, ch. 26, § 1; L. 1984, ch. 27, § 1; L. 1984, ch. 28, § 1; L. 1985, ch. 42, § 1; L. 1988, ch. 40, § 1; L. 1991, ch. 33, § 13; L. 1992, ch. 166, § 1; L. 1994, ch. 235, § 1; L. 1996, ch. 220, § 3; L. 1997, ch. 119, § 1; L. 2000, ch. 179, § 5; L. 2001, ch. 19, § 2; L. 2002, ch. 16, § 2; L. 2002, ch. 134, § 1; L. 2005, ch. 71, § 1; L. 2006, ch. 135, § 1; L. 2007, ch. 68, § 1; L. 2008, ch. 167, § 3; L. 2009, ch. 91, § 4; L. 2009, ch. 143, § 2; L. 2010, ch. 164, § 4; L. 2011, ch. 66, § 2; L. 2013, ch. 92, § 1; L. 2015, ch. 48, § 2; L. 2015, ch. 100, § 1; L. 2019, ch. 61, § 9; L. 2021, ch. 72, § 1; L. 2022, ch. 43, § 1; July 1.

Source or prior law:

8-103.

Revisor's Note:

Section also amended by L. 2009, ch. 119, § 4, but that version was repealed by L. 2009, ch. 143, § 37.

Section was also amended by L. 2015, ch. 12, § 1, but that version was repealed by L. 2015, ch. 100, § 17.

Cross References to Related Sections:

"Mobile home" and "recreational vehicle" defined in uniform act prescribing standards for constructing such vehicles, see 75-1212.

"House trailer" defined in uniform act regulating traffic on highways, see 8-1425.

"Motor home" defined in uniform act regulating traffic on highways, see 8-1436.

Law Review and Bar Journal References:

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

Survey of debtor-creditor law, Robert B. Morton, 12 K.L.R. 235 (1963).

Perfection requirements for titled vehicles under U.C.C. discussed in "Survey of Kansas Law: Secured Transactions," Gerald D. Haag, 21 K.L.R. 107, 112 (1972).

"Recent Developments in Kansas Insurance Law: A Survey, Some Analysis, and Some Suggestions," Robert H. Jerry II, 32 K.L.R. 287, 343 (1984).

"Kansas Automobile Insurance: Current Issues and Problems", John J. Knoll, 29 W.L.J. 600, 608 (1990).

Attorney General's Opinions:

Licensure of vehicle sales and manufacture; mobile homes. 81-261.

Registration of vehicles; definitions. 83-145.

Registration of vehicles, exceptions; all-terrain vehicles. 85-62.

Registration of vehicles; all-terrain vehicles; operation. 85-63.

Registration of motor vehicles operated in Kansas; exceptions; leased vehicles. 90-112.

Application for vehicle registration; county of registration for corporate entities. 94-61.

Registration of vehicle owned by more than one record owner from different counties. 95-83.

Safety belts; applicable to operator of four-wheel drive vehicle. 97-65.

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

"Motor scooters" — required to be registered, operators to have driver's license. 2001-39.

CASE ANNOTATIONS

1. "Rated carrying capacity" of truck under K.S.A. 8-143 means owner's declared carrying capacity; motor vehicle registration, traffic and truck regulation statutes reviewed. State v. Hickman, 149 K. 865, 868, 872, 89 P.2d 903.

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

3. Certificate of title not constructive knowledge that car sold was used car; fraud; damages. Martin v. Hughes, 156 K. 175, 179, 131 P.2d 682.

4. Applied; automobile sold without complying with K.S.A. 8-135; sale void; no title passed. Sims v. Sugg, 165 K. 489, 492, 196 P.2d 191.

5. Act does not prohibit more than one party owning interest in car. Crow v. Hershberger, 170 K. 492, 494, 226 P.2d 846.

6. Party not barred from asserting ownership rights because title in another. Crow v. Hershberger, 170 K. 492, 494, 226 P.2d 846.

7. Airplane is not a "motor vehicle." In re Estate of Hayden, 174 K. 140, 144, 145, 254 P.2d 813.

8. Title not furnished; sale void; recovery of purchase price and damages. Tilson v. Newell, 179 K. 73, 78, 293 P.2d 227.

9. Automobile; title certificate holder may maintain action for damages; when. Stebbins v. Heidebrecht, 186 K. 484, 487, 350 P.2d 783.

10. Kansas is a "title" state that requires certificates of title for trailers. Home Finance Corporation v. Cox, 190 K. 553, 558, 559, 376 P.2d 884.

11. Paragraph (q) discussed; new car dealer can make a valid sale of trailer house by giving bill of sale. Knisley v. Wright, 192 K. 279, 283, 284, 387 P.2d 154.

12. "Owner" determined for purpose of firing liability of insurer; failure to assign title until K.S.A. 8-135. Maryland Cas. Co. v. American Family Insurance Group, 199 K. 373, 378, 429 P.2d 931.

13. Applied in holding sale of mobile home without bill of sale fraudulent and void. Wilcox Trailer Sales, Inc. v. Miller, 200 K. 315, 319, 322, 436 P.2d 860.

14. Subsection (n) cited in holding vehicle sale void. Melton v. Prickett, 203 K. 501, 508, 456 P.2d 834.

15. Cited in holding a motorcycle to be motor vehicle under an insurance policy. Clark v. Prudential Ins. Co., 204 K. 487, 492, 464 P.2d 253.

16. Cited in case concerning summary judgment and the requirements therefor. State Bank of Burden v. Augusta State Bank, 207 K. 116, 118, 483 P.2d 1068.

17. Automobile liability policy furnished pursuant to financial responsibility act covers lawful driver as well as titled owner of vehicle. Canal Insurance Co. v. Sinclair, 208 K. 753, 761, 494 P.2d 1197.

18. Definition in subsection (n) governs as to which party must pay highway use tax. Grain Belt Transportation Co. v. United States, 465 F.2d 1202.

19. Where certificate of title not delivered to insured dealer prior to theft, no coverage existed as to automobile stolen by deception. Heshion Motors, Inc. v. Trinity Universal Ins. Co., 5 K.A.2d 432, 435, 618 P.2d 327. Judgment modified: 229 K. 412, 625 P.2d 437.

20. Mini-bike operated on highway is vehicle for which insurance is required under K.S.A. 40-3101 et seq. Kresyman v. State Farm Ins., 5 K.A.2d 666, 668, 669, 623 P.2d 524.

21. State v. Groves, 7 K.A.2d 545; reversed, see State v. Groves, 232 K. 66 (1982).

22. 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 K. 66, 67, 653 P.2d 457 (1982).

23. Cited; exclusive methods for perfecting security interest in a mobile home in K.S.A. 84-9-302(3)(c) as described in K.S.A. 8-135(c)(5) examined. Beneficial Finance Co. v. Schroeder, 12 K.A.2d 150, 151, 737 P.2d 52 (1987).

24. Devices (dune buggy) for off-road use, while used as such, not motor vehicle under automobile insurance policy. Shumaker v. Farm Bureau Mut. Ins. Co., 14 K.A.2d 155, 156, 785 P.2d 180 (1990).

25. Seller's security interest in modular home was perfected by notation on home's certificate of title. In re Reed, 147 B.R. 571, 572 (1992).

26. Cited; whether trial court lacked personal jurisdiction because out-of-state service by corporation was invalid examined. In re Marriage of Welliver, 254 K. 801, 804, 869 P.2d 653 (1994).

27. 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 K. 465, 471, 961 P.2d 53 (1998).

28. Motor vehicle operator with suspended license does not violate K.S.A. 8-262 by driving in private parking lot. State v. Patton, 26 K.A.2d 591, 594, 992 P.2d 819 (1999).

29. Section's definition of motor vehicle includes inoperable coasting vehicle. State v. Thomas, 28 K.A.2d 655, 20 P.3d 82 (2001).


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