§ 35-10. Motor vehicle liability insurance.

(a)

Every owner of a motor vehicle shall provide motor vehicle liability insurance coverage in accordance with the provisions of the state Automobile Injury Reparations Act (K.S.A. 40-3101 et seq.) for every motor vehicle owned by such person, unless such motor vehicle:

(1)

Is included under an approved self-insurance plan as provided in K.S.A. 40-3104(f);

(2)

Is used as a driver training motor vehicle, as defined in K.S.A. 72-5015, in an approved driver training course by a school district or an accredited nonpublic school under an agreement with a motor vehicle dealer, and such motor vehicle liability insurance coverage is provided by the school district or accredited nonpublic school;

(3)

Is included under a qualified plan of self-insurance approved by an agency of the state in which such motor vehicle is registered and the form prescribed in K.S.A. 40-3106(b) has been filed; or

(4)

Is otherwise expressly exempted from said requirement pursuant to the laws of the state.

(b)

An owner of an uninsured motor vehicle shall not permit the operation thereof upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the insurance requirement pursuant to the laws of the state.

(c)

No person shall knowingly drive an uninsured motor vehicle upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the insurance requirement pursuant to the laws of the state.

(d)

Any person operating a motor vehicle upon a highway or upon property open to use by the public shall display evidence of financial security to a law enforcement officer upon demand. Such evidence of financial security which meets the requirements of subsection (e) may be displayed on a cellular phone or any other type of portable electronic device. The law enforcement officer to whom such evidence of financial security is displayed shall view only such evidence of financial responsibility. Such law enforcement officer shall be prohibited from viewing any other content or information stored on such cellular phone or other type of portable electronic device. The law enforcement officer shall issue a citation to any person who fails to display evidence of financial security upon such demand. The law enforcement officer shall attach a copy of the insurance verification form prescribed by the secretary of revenue to the copy of the citation forwarded to the court. No citation shall be issued to any person for failure to provide proof of financial security when evidence of financial security meeting the standards of subsection (e) of this section is displayed upon demand of a law enforcement officer. Whenever the authenticity of such evidence is questionable, the law enforcement officer may initiate the preparation of the insurance verification form prescribed by the secretary of revenue by recording information from the evidence of financial security displayed. The officer shall immediately forward the form to the department of revenue, and the department shall proceed with verification in the manner prescribed in the subsection (e) of this section. Upon return of a form indicating that insurance was not in force on the date indicated on the form, the department shall immediately forward a copy of the form to the law enforcement officer initiating preparation of the form.

(e)

Unless the insurance company subsequently submits an insurance verification form indicating that insurance was not in force, no person charged with violating subsections (b), (c), or (d) of this section shall be convicted if such person produces in court, within ten days of the date of arrest or of issuance of the citation, evidence of financial security for the motor vehicle operated, which was valid at the time of arrest or of issuance of the citation. Such evidence of financial security may be produced by displaying such information on a cellular phone or any other type of portable electronic device. Any person to whom such evidence of financial security is displayed on a cellular phone or any other type of portable electronic device shall be prohibited from viewing any other content or information stored on such cellular phone or other type of portable electronic device. For the purpose of this subsection, evidence of financial security shall be provided by a policy of motor vehicle liability insurance, an identification card or certificate of insurance issued to the policyholder by the insurer which provides the name of the insurer, the policy number, make and year of the vehicle, and the effective and expiration date of the policy, or a certificate of self-insurance signed by the commissioner of insurance. Upon the production in court of evidence of financial security, the court shall record the information displayed thereon on the insurance verification form prescribed by the secretary of revenue, immediately forward such form to the department of revenue, and stay any further proceedings on the matter pending a request from the prosecuting attorney that the matter be set for trial. Upon receipt of such form, the department shall mail the form to the named insurance company for verification that insurance was in force on the date indicated on the form. It shall be the duty of insurance companies to notify the department within 30 calendar days of the receipt of such forms of any insurance that was not in force on the date specified. Upon return of any form to the department indicating that insurance was not in force on such date, the department shall immediately forward a copy of such form to the office of the prosecuting attorney or the city clerk of the municipality in which such prosecution is pending when the prosecuting attorney is not ascertainable. Receipt of any completed form indicating that insurance was not in effect on the date specified shall be prima facie evidence of failure to provide proof of financial security and violation of this section. A request that the matter be set for trial shall be made immediately following the receipt by the prosecuting attorney of a copy of the form from the department of revenue indicating that insurance was not in force. Any charge of violating subsections (b), (c), or (d) of this section shall be dismissed if no request for a trial setting has been made within 60 days of the date evidence of financial security was produced in court.

(f)

Violation of this section is a class B violation, and conviction is punishable by a fine of not less than $300.00 or more than $1,000.00, by imprisonment for not more than six months, or by both. Any person convicted of violating any provision of this section within three years of any such prior conviction shall be guilty of a class A misdemeanor and shall be subject to a fine of not less than $800.00 or more than $2,500.00, or by imprisonment for a term not to exceed one year, or both such fine and imprisonment.

(Code 1964, § 36-311; Code 1988, § 35-10; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 64705, § 16, 9-20-1984; Ord. No. 65343, § 2, 8-18-1988; Ord. No. 66164, § 3, 10-17-1996; Ord. No. O-14-00, §§ 1, 2, 2-3-2000; Ord. No. O-2-05, § 4, 1-6-2005; Ord. No. O-49-15 , § 1, 8-13-2015)

State law reference

Similar provisions, K.S.A. 40-3104.