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8-237. Persons to whom license not issued. The division of vehicles shall not issue any driver's license to any person:

(a) Who is under the age of 17 years, except that the division may issue a restricted class C or M license, as provided in K.S.A. 8-2,101, and amendments thereto, or a farm permit, under K.S.A. 8-296, and amendments thereto.

(b) Who is under the age of 18 years, except as provided in K.S.A. 8-2,147, and amendments thereto, for the purpose of driving a commercial or class A or B motor vehicle.

(c) Whose license is currently revoked, suspended or canceled in this or any other state, except as provided in K.S.A. 8-256, and amendments thereto.

(d) Who is a habitual drunkard, habitual user of narcotic drugs or habitual user of any other drug to a degree which renders the user incapable of safely driving a motor vehicle.

(e) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who, at the time of making application for a driver's license, has not been restored to capacity in the manner provided by law. Application of this limitation to any person known to have suffered any seizure disorder is subject to the provisions of K.S.A. 8-247, and amendments thereto.

(f) Who is required by the motor vehicle drivers' license act to take an examination, unless the person has successfully passed the examination.

(g) Who is at least 16 years of age and less than 17 years of age, who is applying for a driver's license for the first time since reaching 16 years of age and who, three times or more, has been adjudged to be a traffic offender under the Kansas juvenile code or a juvenile offender under the revised Kansas juvenile justice code, by reason of violation of one or more statutes regulating the movement of traffic on the roads, streets or highways of this state, except that, in the discretion of the director, the person may be issued a driver's license which is restricted in the manner the division deems to be appropriate. No person described by this subsection shall be eligible to receive a driver's license which is not restricted until the person has reached the age of 17 years.

(h) Who has not submitted proof of age or proof of identity, as required by K.S.A. 8-240, and amendments thereto.

(i) Whose presence in the United States is in violation of federal immigration laws.

History: L. 1937, ch. 73, § 4; L. 1943, ch. 81, § 1; L. 1949, ch. 104, § 8; L. 1955, ch. 50, § 1; L. 1959, ch. 49, § 4; L. 1974, ch. 37, § 1; L. 1975, ch. 36, § 10; L. 1977, ch. 36, § 1; L. 1978, ch. 44, § 2; L. 1982, ch. 41, § 1; L. 1982, ch. 182, § 117; L. 1989, ch. 38, § 23; L. 1991, ch. 36, § 7; L. 1992, ch. 192, § 2; L. 1993, ch. 222, § 2; L. 1993, ch. 280, § 2; L. 1996, ch. 229, § 19; L. 1999, ch. 125, § 15; L. 2000, ch. 179, § 9; L. 2006, ch. 169, § 88; L. 2009, ch. 34, § 5; L. 2010, ch. 146, § 2; May 27.

Cross References to Related Sections:

Restricted licenses, see also 8-245.

Law Review and Bar Journal References:

Survey of Kansas tort law (1965-1969), 18 K.L.R. 458, 468 (1970).

"For Love or Money: The Kansas Supreme Court's Problematic Acceptance of the 'Best Interests of the Child' Standard in an Intestate Claim [Reese v. Muret, 150 P.3d 309 (Kan. 2007)]," Angela Chesney Herrington, 47 W.L.J. 177 (2007).

Attorney General's Opinions:

School attendance defined. 83-83.

Persons to whom drivers' licenses not issued; denial of driving privileges due to seizure disorders. 85-158.

Persons to whom drivers' license not issued; exceptions; restricted licenses, conditions. 88-110.

Restricted licenses; conditions. 89-124.

Motor vehicle drivers' license act; restricted licenses; persons aged 14-16. 92-22.

Application of motor vehicle laws to all-terrain vehicles (ATV's); definitions; registration. 94-102.

License for operation of motorized bicycle; issuance to person whose license is suspended or revoked, prohibited. 95-109.

"Adult" supervising driving of person with restricted license means licensed person at least 18 years of age. 2001-34.

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

CASE ANNOTATIONS

1. Deaf persons; granting license to not expressly forbidden. Atkinson v. Cardinal Stage Lines Co., 148 Kan. 244, 248, 80 P.2d 1073.

2. Licensed minor subject to same rules as to negligence as other minors. Harvey v. Cole, 159 Kan. 239, 242, 153 P.2d 916.

3. Discussed; liability of owner of automobile for negligence of minor determined. In re Estate of Bisoni (dissenting opinion), 171 Kan. 631, 637, 237 P.2d 404.

4. Liability of parent for negligence of underage driver; recovery from third party barred. Smithson, Executor v. Dunham, 201 Kan. 455, 461, 462, 441 P.2d 823.

5. Cited; regulation setting minimum visual acuity standards required for driver's license as mandatory examined. Vandever v. Kansas Dept. of Revenue, 243 Kan. 693, 695, 763 P.2d 317 (1988).


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