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.
Notes of Decisions
Cited in
13
cases, 1974–2018 · leading case:
West v. Collins, 840 P.2d 435 (Kan. 1992).
West v. Collins, 840 P.2d 435 (Kan. 1992).
“K.S.A. 40-3106. The owner’s liability insurance policy is required to cover “the person named and any other person, as insured, using any such vehicle with the expressed or implied consent of such named insured, against loss from the liability imposed by law for damages arising…”
Manzanares v. Bell, 522 P.2d 1291 (Kan. 1974).
“(2) Section 6 changed K.S.A. 40-3106 making the Kansas No-Fault law applicable to all non-resident motor vehicle owners, and requiring that every insurance company, as a condition to transacting business in this state, provide insurance to its policyholders complying with the…”
Overbaugh v. Strange, 867 P.2d 1016 (Kan. 1994).
· cites it 9× “40-3104(1), K.S.A. 40-3106, and K.S.A. 40-3107(b) Strange reasons that when the Court of Appeals determined that KCPL was not responsible for the judgment against him, it erroneously relied on K.”
Safeco Ins. Co. of Am. v. Allen, 941 P.2d 1365 (Kan. 1997).
“Pertinent provisions of KAIRA in effect at that time were described in Baker by the Court of Appeals: “K.S.A. 40-3106(a) provides that a nonresident owner of a motor vehicle may not operate such vehicle on the highways of Kansas unless a motor vehicle liability policy conforming…”
United States v. Garcia, 52 F. Supp. 2d 1239 (D. Kan. 1999).
“40-3104 (unlawful to knowingly drive an uninsured motor vehicle on a public highway); K.S.A. 40-3106 (nonresident may not operate an uninsured motor vehicle on a public highway).”
Mayer v. Harris, 579 P.2d 715 (Kan. 1978).
“K.S.A. 1974 Supp. 40-3106 further provides that a nonresident owner of a motor vehicle may not operate such vehicle on the highways or public property of the state unless a motor vehicle liability policy conforming with K.”
Wilds v. Mid-Century Ins., 642 P.2d 567 (Kan. 1982).
· cites it 3× “” K.S.A. 1980 Supp. 40-3106: “Prohibited vehicle operation by certain nonresidents; report of violations; declaration of policy coverage by insurers, (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…”
Morris v. Am. Stand. Ins., 996 P.2d 349 (Kan. Ct. App. 2000).
· cites it 21× “Of prime importance to the facts of this case is K.S.A. 40-3106, which specifically addresses nonresident motorists and includes a provision designed to increase compliance with the Act for those who operate vehicles in Kansas: “(a) A motor vehicle owned by a nonresident shall…”
Overbaugh v. Strange, 853 P.2d 80 (Kan. Ct. App. 1993).
“See K.S.A. 40-3106. K.S.A. 40-3107 provides: *367 “Every policy of motor vehicle liability insurance issued by an insurer to an owner residing in this state shall: .”
Farmers Ins. v. Sw. Bell Tel. Co., 113 P.3d 258 (Kan. 2005).
“40-3104, and amendments thereto, or any non-resident self-insurer that has filed the form prescribed in subsection (b) of K.S.A. 40-3106, and amendments thereto.” K.”
Burt v. Schrubba, 967 P.2d 344 (Kan. Ct. App. 1998).
· cites it 5× “40-3103(u), K.S.A. 40-3106, and K.S.A. 40-3107(b), the Overbaugh court stated that these statutes require nonresident self-insurers to cover not only themselves, but also “ 'any other person .”
Unknown, 600 F.3d 1297.
“” K.S.A. § 40-3106(a). Section 40-3107 provides that: Every policy of motor vehicle liability insurance issued by an insurer to an owner residing in this state shall: .”
— K.S.A. § 40-3106(a) — 3 cases
Safeco Ins. Co. of Am. v. Allen, 941 P.2d 1365 (Kan. 1997).
“Pertinent provisions of KAIRA in effect at that time were described in Baker by the Court of Appeals: “K.S.A. 40-3106(a) provides that a nonresident owner of a motor vehicle may not operate such vehicle on the highways of Kansas unless a motor vehicle liability policy conforming…”
Morris v. Am. Stand. Ins., 996 P.2d 349 (Kan. Ct. App. 2000).
“Of prime importance to the facts of this case is K.S.A. 40-3106, which specifically addresses nonresident motorists and includes a provision designed to increase compliance with the Act for those who operate vehicles in Kansas: “(a) A motor vehicle owned by a nonresident shall…”
Unknown, 600 F.3d 1297.
“” K.S.A. § 40-3106(a). Section 40-3107 provides that: Every policy of motor vehicle liability insurance issued by an insurer to an owner residing in this state shall: .”
— K.S.A. § 40-3106(b) — 3 cases
Overbaugh v. Strange, 867 P.2d 1016 (Kan. 1994).
“40-3104(1), K.S.A. 40-3106, and K.S.A. 40-3107(b) Strange reasons that when the Court of Appeals determined that KCPL was not responsible for the judgment against him, it erroneously relied on K.”
Morris v. Am. Stand. Ins., 996 P.2d 349 (Kan. Ct. App. 2000).
“Of prime importance to the facts of this case is K.S.A. 40-3106, which specifically addresses nonresident motorists and includes a provision designed to increase compliance with the Act for those who operate vehicles in Kansas: “(a) A motor vehicle owned by a nonresident shall…”
Burt v. Schrubba, 967 P.2d 344 (Kan. Ct. App. 1998).
“40-3103(u), K.S.A. 40-3106, and K.S.A. 40-3107(b), the Overbaugh court stated that these statutes require nonresident self-insurers to cover not only themselves, but also “ 'any other person .”
— K.S.A. § 40-3106(h) — 1 case
Wilds v. Mid-Century Ins., 642 P.2d 567 (Kan. 1982).
“” K.S.A. 1980 Supp. 40-3106: “Prohibited vehicle operation by certain nonresidents; report of violations; declaration of policy coverage by insurers, (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…”
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