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8-136. Dealer license plates; manufacturers' and dealers' use and limitations on use; display; proof of payment of personal property tax before issuance; transportation of certain trailers. (a) A licensed manufacturer of or licensed dealer in vehicles demonstrating, displaying or exhibiting any such vehicle upon any highway in lieu of registering each such vehicle, may obtain from the division of vehicles, upon application therefor upon the proper official form, and payment of the fees required by law, and attach to each such vehicle, one license plate which shall have a distinctive number, the name of this state, which may be abbreviated, and the year for which issued, together with the word "dealer" or a distinguishing symbol indicating that such license plate is issued to a manufacturer or dealer. Any such license plate may, during the calendar year for which issued, be transferred from one such vehicle to another owned or operated by such manufacturer or dealer. Such a license plate may be used in lieu of regular vehicle registration for the purposes of demonstrating, displaying or exhibiting vehicles held in inventory of such manufacturer or dealer. Such a license plate may also be used on such dealer's service vehicle, or substitute vehicles owned by the dealer but loaned to a customer when the dealer is repairing such customer's vehicle and for all other purposes incidental to a dealer's vehicle business. Except as provided in subsection (d), such a license plate may not be used by a manufacturer or dealer to haul commodities weighing in excess of two tons. Such license plates shall not be used on a wrecker or tow truck when providing wrecker or towing service as defined by K.S.A. 66-1329, and amendments thereto.

(b) No manufacturer of or dealer in vehicles shall cause or permit any such vehicle owned by such person to be operated or moved upon a highway unless there is displayed upon such vehicle a license plate as required by this section.

(c) No license plates shall be issued to any manufacturer or dealer unless such manufacturer or dealer at the time of making application therefor shall exhibit to the county treasurer or the division of vehicles a receipt showing that the applicant has paid all personal property taxes levied against such manufacturer or dealer for the preceding year, including taxes assessed against motor vehicles of such manufacturer or dealer which were assessed as stock in trade, or unless the manufacturer or dealer shall exhibit satisfactory evidence to the county treasurer that such manufacturer or dealer had no taxable property for the preceding year or if the application is made directly to the division of vehicles there shall be presented a statement by the county treasurer that the manufacturer or dealer had no taxable property for the preceding year. If application for registration is made before May 10, the receipt may show payment of only ½ of the preceding year's taxes.

(d) A trailer manufacturer or dealer is authorized to use a license plate issued under this section for the transportation of not more than four trailers. Such manufacturer or dealer shall be in compliance with the provisions of article 19 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto.

History: L. 1929, ch. 81, § 14; L. 1949, ch. 100, § 1; L. 1955, ch. 46, § 3; L. 1959, ch. 46, § 8; L. 1961, ch. 48, § 1; L. 1980, ch. 32, § 1; L. 1984, ch. 25, § 7; L. 2005, ch. 100, § 1; L. 2013, ch. 8, § 1; July 1.

Source or prior law:

8-110.

Law Review and Bar Journal References:

Discussed, Charles H. Oldfather, Jr., 3 K.L.R. 305, 306 (1955).

1963-65 survey of secured transactions, J. Eugene Balloun, 14 K.L.R. 359, 363 (1965).

"The Perfection of Security Interests in Motor Vehicles in Kansas-Perfection or Confusion?" Susan C. Jacobson, 28 K.L.R. 315, 316 (1980).

Attorney General's Opinions:

Tax imposed on certain vehicles held for resale by licensed vehicle dealer. 84-12.

CASE ANNOTATIONS

1. No registration or license plate required if new car dealer does not demonstrate trailer houses on highway. Kinsley v. Wright, 192 Kan. 279, 281, 282, 387 P.2d 154.

2. Exception clause in subsection (a) held unconstitutional for vagueness; severable from remainder of statute. State v. Goza, 4 Kan. App. 2d 309, 310, 311, 312, 605 P.2d 594.

3. Requiring payment of all personal property taxes before registering motor vehicle under K.S.A. 8-173 is constitutional. State v. Raulston, 9 Kan. App. 2d 714, 716, 687 P.2d 37 (1984).


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