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40-3106. Prohibited vehicle operation by certain nonresidents; report of violations; declaration of policy coverage by insurers; self-insurers to certify compliance. (a) A motor vehicle owned by a nonresident shall not be operated in this state upon a highway or upon property open to use by the public, unless a motor vehicle liability insurance policy meeting the requirements of K.S.A. 40-3107, and amendments thereto, is in effect for such vehicle, or such nonresident has qualified as a self-insurer pursuant to subsection (f) of K.S.A. 40-3104, and amendments thereto, or has filed the form prescribed in subsection (b) of this section. Whenever the privilege of a nonresident operating a motor vehicle in this state is suspended for failure of the owner to maintain financial security, in effect, the director shall report such violation to the motor vehicle administrator in the state wherein the vehicle is registered. The director is hereby authorized to enter into such reciprocal agreements with the motor vehicle administrator or other appropriate official in other jurisdictions as may be necessary to effectuate the provisions of this act.

(b) Every insurance company authorized to transact the business of motor vehicle liability insurance in this state shall file with the commissioner as a condition of its continued transaction of such business within this state a form approved by the commissioner declaring that its motor vehicle liability policies, wherever issued, shall be deemed to provide the insurance required by K.S.A. 40-3107, and amendments thereto, when the vehicle is operated in this state. Any nonadmitted insurer may file such a form. A qualified self-insurer, approved by an agency of the state in which the vehicles are registered, may certify its compliance with K.S.A. 40-3107, and amendments thereto, on a form prescribed by the commissioner.

History: L. 1974, ch. 193, § 6; L. 1977, ch. 164, § 2; L. 1985, ch. 165, § 2; July 1.

Source or prior law:

L. 1973, ch. 198, § 6.

Law Review and Bar Journal References:

"No-Fault Automobile Insurance," Barry W. McCormick and Lynn Franklin Taylor II, 23 K.L.R. 141, 160, 171 (1974).

"Uninsured/Underinsured Motorist Insurance: A Sleeping Giant," Gerald W. Scott, 63 J.K.B.A. No. 4, 28, 29 (1994).

"Conflict of Laws in Kansas: A Guide to Navigating the Dismal Swamp," Terri Savely Bezek, 71 J.K.B.A. No. 8, 21 (2002).

Attorney General's Opinions:

Motor vehicle liability insurance; application to nonresident motorists. 84-113.

Joint water district; city of Lansing and Delaware township; nature of the joint board. 86-103.

CASE ANNOTATIONS

1. History and content of section noted in holding no-fault insurance act constitutional. Manzanares v. Bell, 214 Kan. 589, 594, 522 P.2d 1291.

2. Applied; nonresident owner of motor vehicle operated on Kansas highways subject to act. Mayer v. Harris, 224 Kan. 231, 232, 579 P.2d 715.

3. Applied; uninsured motorist benefits statute, K.S.A. 40-284, applies only to Kansas registered or garaged vehicles. Wilds v. Mid-Century Ins. Co., 231 Kan. 124, 125, 126, 642 P.2d 567 (1982).

4. Choice of law principles regarding medical payments examined where Missouri owner of motor vehicle had accident in Kansas. State Farm Mut. Auto Ins. Co. v. Baker, 14 Kan. App. 2d 641, 643, 797 P.2d 168 (1990).

5. Cited in holding vicarious liability not imputed to vehicle owner based solely on permissive use by third party. West v. Collins, 251 Kan. 657, 660, 840 P.2d 435 (1992).

6. Absent private contract, self-insurer has no duty to defend employee by operation of law. Overbaugh v. Strange, 18 Kan. App. 2d 365, 367, 853 P.2d 80 (1993).

7. Nonresident self-insurer's duty to defend and pay employee vehicle defense costs, including attorney fees examined. Overbaugh v. Strange, 254 Kan. 605, 608, 611, 616, 867 P.2d 1016 (1994).

8. Nonresident self-insurer obligated to pay damages caused by permissive use of self-insurer's car. Burt v. Schrubba, 25 Kan. App. 2d 614, 617, 967 P.2d 344 (1998).

9. Nonresident driving Kansas resident's vehicle while injured is entitled to PIP benefits from out-of-state insurer of nonresident's vehicle. Morris v. American Standard Ins. Co., 26 Kan. App. 2d 933, 940, 996 P.2d 349 (2000).


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