Terms Used In Kansas Statutes 8-260

  • conviction: means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law and in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated;

    (i) "disqualification" means any of the following:

    (1) The suspension, revocation, or cancellation of a commercial driver's license by the state or jurisdiction of issuance;

    (2) any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control, other than parking, vehicle weight or vehicle defect violations;

    (3) a determination by the federal motor carrier safety administration that a person is not qualified to operate a commercial motor vehicle under 49 C. See Kansas Statutes 8-2,128

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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

  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means every natural person, firm, copartnership, association, corporation or school. See Kansas Statutes 8-273
  • 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

(a) It shall be unlawful for any person, for any purpose, to:

(1) Display or cause or permit to be displayed or have in possession any fictitious or fraudulently altered driver‘s license.

(2) Lend any driver’s license to any other person or knowingly permit the use thereof by another.

(3) Display or represent as the person’s own, any driver’s license not issued to the person.

(4) Fail or refuse to surrender to the division upon its lawful demand any driver’s license which has been suspended, revoked, or canceled.

(5) Use a false or fictitious name in any application for a driver’s license, or any renewal or replacement thereof, or knowingly conceal a material fact, or otherwise commit a fraud in any such application.

(6) Permit any unlawful use of a driver’s license issued to the person.

(7) Photograph, photostat, duplicate or in any way reproduce any driver’s license or facsimile thereof in such a manner that it could be mistaken for a valid driver’s license or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by law.

(8) Display or possess any photograph, photostat, duplicate or facsimile of a driver’s license unless authorized by law.

(9) Display or cause or permit to be displayed any canceled, revoked or suspended driver’s license.

(b) Violation of paragraphs (1) or (9) of subsection (a) is a class B nonperson misdemeanor. Violation of paragraphs (2), (3), (4), (6), (7) or (8) of subsection (a) is a class A nonperson misdemeanor. Violation of paragraph (5) of subsection (a) is a severity level 9, nonperson felony.

(c) It shall be unlawful for any person to:

(1) Lend any driver’s license to or knowingly permit the use of any driver’s license by any person under 21 years of age for use in the purchase of any alcoholic liquor.

(2) Lend any driver’s license to or knowingly permit the use of any driver’s license by a person under the legal age for consumption of cereal malt beverage for use in the purchase of any cereal malt beverage.

(3) Lend any driver’s license, nondriver’s identification card or other form of identification to aid another person in wrongfully obtaining a driver’s license or replacement driver’s license.

(4) Display or cause to be displayed or have in possession any fictitious or fraudulently altered driver’s license by any person under 21 years of age for use in the purchase of any alcoholic liquor or cereal malt beverage.

(d) (1) Upon a first conviction of a violation of any provision of subsection (c) a person shall be guilty of a class B nonperson misdemeanor and shall be sentenced to not less than 100 hours of public service and fined not less than $200 nor more than $500.

(2) On a second or subsequent conviction of a violation of any provision of subsection (c), a person shall be guilty of a class A nonperson misdemeanor.

(e) The provisions of this section shall apply to any driver’s license, nondriver’s identification card or other form of identification whether issued under the laws of this state or issued under the laws of another state or jurisdiction.