8-138a.
Nonresident owners licensed in state of residence; reciprocal privileges.
The provisions of this section shall apply only to the nonresident owner or owners of any motor vehicle constructed and operated primarily for the transportation of the driver or the driver and one or more nonpaying passengers. Such nonresident owners, when duly licensed in the state of residence, are hereby granted the privilege of operation of any such vehicle within this state to the extent that reciprocal privileges are granted to residents of this state by the state of residence of such nonresident owner.
History:
L. 1968, ch. 180, § 4; July 1.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1983–2025 · leading case:
United States v. Martinez, 518 F.3d 763 (10th Cir. 2008).
United States v. Martinez, 518 F.3d 763 (10th Cir. 2008).
· cites it 3× “Martinez points us to Kansas’s motor vehicle reciprocity statute, K.S.A. § 8-138a, 3 and argues that, by its terms, his compliance with California motor vehicle laws sufficed to render him in compliance with Kansas law.”
State v. Wakole, 959 P.2d 882 (Kan. 1998).
· cites it 7× “The challenging issue here questions the State’s failure to apply the Kansas reciprocity statute, K.S.A. 8-138a, to a vehicle licensed by the Sac and Fox Indian Nation of Oklahoma (Sac and Fox).”
United States v. Ramstad, 120 F. Supp. 2d 973 (D. Kan. 2000).
· cites it 4× “In support of this analysis, the court turns to K.S.A. § 8-138a, which authorizes the operation of a foreign-registered vehicle in Kansas without a Kansas tag.”
State v. Hayes, 660 P.2d 1387 (Kan. Ct. App. 1983).
“The operation in Kansas of a foreign-registered vehicle without a Kansas tag is lawful solely by virtue of K.S.A. 8-138a, which grants to nonresident owners the privilege of operating in Kansas a vehicle “duly licensed” in their own state to the extent that their state grants…”
Prairie Band of Potawatomi Indians v. Wagnon, 276 F. Supp. 2d 1168 (D. Kan. 2003).
“Wakole, 127 the Kansas Supreme Court ruled that under Kansas Statutes Annotated § 8-138a, the State is required to recognize license plates issued by the Sac and Fox of Oklahoma.”
State v. Wakole, 945 P.2d 421 (Kan. Ct. App. 1997).
· cites it 2× “” K.S.A. 8-138a. Pursuant to K.S.A. 74-4305, a “state” is defined as “a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country and a state or province of a foreign country and shall have the same meaning…”
In Re Tax Appeal of Karsten, 924 P.2d 1272 (Kan. Ct. App. 1996).
“K.S.A. 8-138a. A “resident” for purposes of motor vehicle registration laws in Kansas is defined in K.”
State v. Beck (Kan. 2025).
· cites it 2× “Such owners, when duly licensed in their states of residence, have "the privilege of operation of any such vehicle within this state to the extent that reciprocal privileges are granted to residents of this state by the state of residence of such nonresident owner." K.S.A.…”
City of Wichita v. Williamson, 430 P.3d 68 (Kan. Ct. App. 2018).
“" In other words, in order to convict Williamson of violating this ordinance, the City needed to prove he operated a motor vehicle that was not registered in any state within the city limits of Wichita. Williamson argues that the statutes of registration only apply to residents…”
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