§ 11.13.010. Motor vehicle liability insurance coverage required  


Latest version.
  • (a) Every owner of a motor vehicle shall provide motor vehicle liability insurance coverage in accordance with the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101 et seq. and amendments thereto, 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) and amendments thereto; (2) is used as a driver training motor vehicle, as defined in K.S.A. 72-5015, and amendments thereto, 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 subsection (b) of K.S.A. 40-3106; or (4) is expressly exempted under the laws of this state.

    (b) An owner of an uninsured motor vehicle shall not permit the operation thereof upon street or highway or upon property open to use by the public within the city limits, unless such motor vehicle is expressly exempted from said requirements pursuant to the laws of this state.

    (c) No person shall knowingly drive an uninsured motor vehicle upon a street or highway or upon property open to use by the public within the city limits, unless such motor vehicle is expressly exempted from said requirements pursuant to the law of this state.

    (d) Any person operating a motor vehicle upon a street or highway or upon property open to use by the public within the city limits, shall display, upon demand, evidence of financial security, as provided in K.S.A. 40-3107 and amendments thereto, to a law enforcement officer. The law enforcement officer shall issue a notice to appear 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 or notice to appear forwarded to the court.

    No citation or notice to appear 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, and shall immediately forward the form to the Department of Revenue.

    (e) Unless the insurance company subsequently submits an insurance verification form indicating that insurance was not in force, no person charged with violating any of the provisions of this section shall be convicted if such person produces in court, within ten days of the date of arrest or receiving notice to appear, evidence of financial security for the motor vehicle operated, which was valid at the time of arrest, or issuance of the citation or notice to appear. For the purpose of this section, 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 and the effective and expiration dates 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 further proceedings on the matter pending a request from the prosecuting attorney that the matter be set for trial.

(Ord. No. 44-457 § 1)