Terms Used In Kansas Statutes 8-246

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Department: means the department of revenue acting directly or through its duly authorized officers and agents. See Kansas Statutes 8-273
  • Dependent: A person dependent for support upon another.
  • driver: means any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver's license;

    (l) "driver's license" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:

    (1) Any temporary license or instruction;

    (2) the privilege of any person to drive a motor vehicle whether or not such person holds a valid license; or

    (3) any nonresident's operating privilege;

    (m) "employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle;

    (n) "endorsement" means an authorization to an individual's commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles;

    (o) "felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;

    (p) "gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. See Kansas Statutes 8-2,128

  • examiner: means a drivers' license examiner of the division of vehicles or any person whom the director of vehicles has authorized, pursuant to the authority granted by this act, to accept applications for drivers' licenses and administer the examinations required for the issuance or renewal of drivers' licenses. See Kansas Statutes 8-234a
  • Motor vehicle: means every vehicle that is self-propelled upon or by which any person or property is or may be transported or drawn upon a public highway except devices used exclusively upon stationary rails or tracks. See Kansas Statutes 8-273
  • Person: means every natural person, firm, copartnership, association, corporation or school. See Kansas Statutes 8-273
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • secretary: means the secretary of the Kansas department of revenue;

    (v) "serious traffic violation" means:

    (1) Excessive speeding, is defined as 15 miles per hour or more over the posted speed limit;

    (2) reckless driving, as defined under Kan. See Kansas Statutes 8-2,128

  • state: means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of Northern Mariana Islands;

    (6) "wireless communication device" means any wireless electronic communication device that provides for voice or data communication between two or more parties, including, but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer; and

    (7) "religious organization" means any organization, church, body of communicants, or group, gathered in common membership for mutual support and edification in piety, worship and religious observances, or a society of individuals united for religious purposes at a definite place and which religious organization maintains an established place of worship within this state and has a regular schedule of services or meetings at least on a weekly basis and has been determined to be organized and created as a bona fide religious organization. See Kansas Statutes 8-234a

  • United States: means the 50 states and the District of Columbia;

    (aa) "division" means the division of vehicles of the Kansas department of revenue;

    (bb) "director" means the director of the division of vehicles of the Kansas department of revenue;

    (cc) "foreign country" means any jurisdiction other than the United States;

    (dd) "nonresident commercial driver's license" means a license issued pursuant to Kan. See Kansas Statutes 8-2,128

(a) If a driver‘s license issued under the provisions of this act is lost or destroyed, or if a new name is acquired, the person to whom such driver’s license was issued may obtain a replacement upon:

(1) Furnishing satisfactory proof of the loss, destruction or name change to the division, including an affidavit stating the circumstances of the loss, destruction or name change;

(2) payment of a fee of $8; and

(3) furnishing proof of the person’s identity as provided in subsection (b). The driver’s license examiner also shall compare the applicant with the division’s existing information and facial image database.

(b) For the purposes of obtaining a replacement driver’s license, proof of a person’s identity shall include at least two of the following documents, one of the documents shall bear the person’s signature and one of the documents shall bear the person’s age or one of the documents shall bear the person’s signature and age:

(1) Military identification card;

(2) military dependent identification card;

(3) military discharge papers;

(4) military DD214;

(5) an original or certified copy of a state issued birth certificate;

(6) marriage license;

(7) medicare identification card;

(8) certified copy of court order specifying a change of name of the person;

(9) commercially produced school yearbook with photograph of the person, and the book is less than five years old;

(10) an official passport issued by any country;

(11) alien registration documents issued by the United States;

(12) expired or current driver’s license or identification card issued by the Kansas division of vehicles or an expired or current driver’s license or identification card of another state issued by similar authority, and for any document in this paragraph the document must bear a photograph of the person;

(13) student identification card bearing the photograph of the person;

(14) employee identification card bearing the photograph of the person;

(15) a copy of any federal or state income tax return bearing the signature of the person;

(16) an identification certificate issued by the department of corrections to an offender under the supervision of the secretary of corrections; or

(17) an identification certificate issued by a court services or community corrections agency to an offender under the probation supervision of such agency.

(c) The division may waive the furnishing of one of the documents required by subsection (b) in the case of:

(1) A person who is 65 or more years of age; or

(2) an inmate who has been released on parole, conditional release or expiration of the inmate’s maximum sentence. When additional clarification is needed to adequately describe any of the above items, the division shall specify such clarification in making the requirement for such item.

(d) In lieu of providing one of the documents required by subsection (b), a person may recite to the satisfaction of the driver’s license examiner the recent motor vehicle operating record of the person.

(e) Any person who loses a driver’s license and who, after obtaining a replacement, finds the original license shall immediately surrender the original license to the division.