Abandoned and Disabled Vehicles
Current through End of 2023 Legislative Session
8-1101 Abandoning and leaving on highways; definitions.
8-1102 Motor vehicle abandoned on public highway or property open to use by public; public agency may impound; disposition; motor vehicle abandoned on private property; criminal trespass; impounding and disposition of vehicle.
8-1103 Towed motor vehicles, lien thereon; procedure; personal property; providing notice of fee.
8-1104 Sale of vehicles and personal property; verification; notice.
8-1105 Sale, public auction.
8-1108 Invalidity of lien, when.
8-1109 (Tentative state number). Certification of compliance upon sale of vehicle.
8-1101. Abandoning and leaving on highways; definitions.
As used in this act:
(a) 'Public agency' means and includes the department of transportation, the Kansas turnpike authority, a county, city and township.
(b) 'Motor vehicle' means every vehicle or tractor trailer combination, that is self-propelled by which any person or property is or may be transported or drawn upon a highway except vehicles used exclusively upon stationary rails or tracks.
(c) 'Highway' means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel.
(d) 'Law enforcement officer' means and includes the Kansas highway patrol, police, and sheriffs, who are vested with the power and authority of peace, police and law enforcement, or those authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
(e) "Person" means the same as defined in K.S.A. 8-1447, and amendments thereto.
History: L. 1961, ch. 60, § 1; L. 1975, ch. 426, § 38; L. 1992, ch. 78, § 1; L. 2021, ch. 73, § 3; July 1.
8-1102. Motor vehicle abandoned on public highway or property open to use by public; public agency may impound; disposition; motor vehicle abandoned on private property; criminal trespass; impounding and disposition of vehicle.
(a) (1) A person shall not use the public highway to abandon vehicles or use
the highway to leave vehicles unattended in such a manner as to interfere with
public highway operations. When a person leaves a motor vehicle on a public
highway or other property open to use by the public, the public agency having
jurisdiction of such highway or other property open to use by the public, after 48
hours or when the motor vehicle interferes with public highway operations, may
remove and impound the motor vehicle.
(2) Any motor vehicle that has been impounded as provided in this section for
30 days or more shall be disposed of in the following manner:
(A) If such motor vehicle has displayed thereon a registration plate issued by the division of vehicles and has been registered with the division, the public agency shall request verification from the division of vehicles of the last registered owner and any lienholders, if any. Such verification request shall be submitted to the division of vehicles not more than 30 days after such agency took possession of the vehicle. The public agency shall mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county where the title shows the owner resides, if registered in this state. The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by such public agency on it within 15 days from the date of the mailing of the notice, that it will be sold at public auction to the highest bidder for cash. The notice shall be mailed within 15 calendar days after receipt of verification of the last owner and any lienholders, if any, as provided in this subsection.
(B) After 15 days from date of mailing notice, the public agency shall publish a notice once a week for two consecutive weeks in a newspaper of general circulation in the county where such motor vehicle was abandoned and left. Such notice shall describe the motor vehicle by name of maker, model, serial number, and owner, if known, and stating that it has been impounded by the public agency and that it will be sold at public auction to the highest bidder for cash if the owner thereof does not claim it within 10 days of the date of the second publication of the notice and pay the removal and storage charges, and publication costs incurred by the public agency. If the motor vehicle does not display a registration plate issued by the division of vehicles and is not registered with the division, the public agency after 30 days from the date of impoundment, shall request verification from the division of vehicles of the last registered owner and any lienholders, if any. Such verification request shall be submitted to the division of vehicles no more than 30 days after such agency took possession of the vehicle. The public agency shall mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner resides, if registered in this state. The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by such public agency on it within 15 days from the date of the mailing of the notice, it will be sold at public auction to the highest bidder for cash. The notice shall be mailed within 10 days after receipt of verification of the last owner and any lienholders, if any, as provided in this subsection. After 15 days from the date of mailing notice, the public agency shall publish a notice in a newspaper of general circulation in the county where such motor vehicle was abandoned and left, which notice shall describe the motor vehicle by name of maker, model, color and serial number and shall state that it has been impounded by said public agency and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim it within 10 days of the date of the second publication of the notice and pay the removal and storage charges incurred by the public agency.
(C) When any public agency has complied with the provisions of this section with respect to an abandoned motor vehicle and the owner thereof does not claim it within the time stated in the notice and pay the removal and storage charges and publication costs incurred by the public agency on such motor vehicle, the public agency may sell the motor vehicle at public auction to the highest bidder for cash. A public agency shall provide a certification of compliance to a purchaser upon the sale and transfer of a vehicle authorized by this section.
(3)After any sale pursuant to this section, the purchaser may file proof thereof with
the division of vehicles, and the division shall issue a certificate of title to the
purchaser of such motor vehicle. All moneys derived from the sale of motor vehicles
pursuant to this section, after payment of the expenses of the impoundment and
sale, shall be paid into the fund of the public agency that is used by it for the
construction or maintenance of highways.
(b) Any person who abandons and leaves a vehicle on real property, other than
public property or property open to use by the public, that is not owned or
leased by such person or by the owner or lessee of such vehicle shall be guilty
of criminal trespass, as defined by K.S.A. 2022 Supp. 21-5808, and
amendments thereto, and upon request of the owner or occupant of such real
property, the public agency in whose jurisdiction such property is situated
may remove and dispose of such vehicle in the manner provided in subsection
(a), except that the provisions of subsection (a) requiring that a motor vehicle
be abandoned for a period of time in excess of 48 hours prior to its removal
shall not be applicable to abandoned vehicles which are subject to the
provisions of this subsection. Any person removing such vehicle from the real
property at the request of such public agency shall have a possessory lien on
such vehicle for the costs incurred in removing, towing and storing such
vehicle.
(c) Whenever any motor vehicle has been left unattended for more than 48 hours or when any unattended motor vehicle interferes with public highway operations, any law enforcement officer is hereby authorized to move such vehicle or cause to have the vehicle moved as provided in K.S.A. 8-1103 et seq., and amendments thereto.
(d) The notice provisions of this section shall apply to any motor vehicle that has been impounded as provided in K.S.A. 8-1567, and amendments thereto.
(e) Any person attempting to recover a motor vehicle impounded as provided in
this section or in accordance with a city ordinance or county resolution
providing for the impoundment of motor vehicles, shall show proof of valid
registration and ownership of the motor vehicle to the public agency before
obtaining the motor vehicle. In addition, the public agency may require
payment of all reasonable costs associated with the impoundment of the
motor vehicle, including transportation and storage fees, prior to release of
the motor vehicle.
History: L. 1961, ch. 60, § 2; L. 1963, ch. 60, § 1; L. 1970, ch. 60, § 1; L. 1974,
ch. 42, § 12; L. 1978, ch. 37, § 1; L. 1986, ch. 207, § 1; L. 1992, ch. 78, § 2; L.
2004, ch. 37, § 1, L. 2004, ch. 180, § 3; L. 2011, ch. 30, § 93; L. 2023, ch. 52, §
3, January 1, 2024.
8-1103. Towed motor vehicles, lien thereon; procedure; personal
property; providing notice of fee.
(a)(1) Whenever any person providing wrecker or towing service, as defined by K.S.A. 66-1329, and amendments thereto, while lawfully in possession of a vehicle, at the direction of a law enforcement officer, the owner, or, if a city ordinance or county resolution authorizes the towing of vehicles by a wrecker or towing service, a self-service storage facility operator as provided by K.S.A. 58-817, and amendments thereto, or as otherwise provided by a city ordinance or county resolution, renders any service to the owner thereof by the recovery, transportation, protection, storage or safekeeping thereof, a first and prior lien on the vehicle is hereby created in favor of such person rendering such service and the lien shall amount to the full amount and value of the service rendered. The lien may be foreclosed in the manner provided in this act.
(2) If the name of the owner of the vehicle is known to the person in possession of such vehicle, then within 15 days, notice shall be given to the owner that the vehicle is being held subject to satisfaction of the lien. Any vehicle remaining in the possession of a person providing wrecker or towing service for a period of 60 days after such wrecker or towing service was provided may be sold to pay the reasonable or agreed charges for such recovery, transportation, protection, storage or safekeeping of such vehicle and personal property therein, the costs of such sale, the costs of notice to the owner of the vehicle and publication as required by this act, after giving the notices required by this act, unless a court order has been issued to hold such vehicle for the purpose of a criminal investigation or for use as evidence at a trial.
(3) If a court orders any vehicle to be held for the purpose of a criminal investigation or for use as evidence at a trial, then such order shall be in writing, and the court shall assess as costs the reasonable or agreed charges for the protection, storage or safekeeping accrued while the vehicle was held pursuant to such written order.
(4) Any personal property within the vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid, or satisfactory arrangements for payment have been made, except as provided under subsection (c) or for personal medical supplies which shall be released to the owner thereof upon request. The person in possession of such vehicle and personal property shall be responsible only for the reasonable care of such property. Any personal property within the vehicle not returned to the owner shall be sold at the auction authorized by this act.
(5) A person providing wrecker or towing service shall provide a certification of compliance to a purchaser pursuant to section 1 [of 2023 HB 2147], and amendments thereto, upon the sale and transfer of a vehicle authorized by this section.
(b) At the time of providing wrecker or towing service, any person providing such wrecker or towing service shall give written notice to the driver, if available, of the vehicle being towed that a fee will be charged for storage of such vehicle. Failure to give such written notice shall invalidate any lien established for such storage fee.
(c) A city ordinance or county resolution authorizing the towing of vehicles from private property shall specify in such ordinance or resolution:
(1) The maximum rate such wrecker or towing service may charge for such wrecker or towing service and storage fees;
(2) that an owner of a vehicle towed shall have access to personal property in such vehicle for 48 hours after such vehicle has been towed and such personal property shall be released to the owner; and
(3) that the wrecker or towing service shall report the location of such vehicle to local law enforcement within two hours of such tow.
(d) A person providing towing services shall not tow a vehicle to a location outside of Kansas without the consent of either:
(1) The driver or owner of the motor vehicle;
(2) a motor club of which the driver or owner of the motor vehicle is a member; or
(3) the insurance company processing a claim with respect to the vehicle or an agent of such insurance company.
History: L. 1987, ch. 209, § 1; L. 1991, ch. 40, § 1; L. 2000, ch. 179 § 12; L. 2004, ch.
37, § 2; L. 2009, ch. 119, § 9, L. 2016, ch. 81, § 3; L. 2021, ch. 73, § 4; L. 2023, ch. 35,
§ 1, L. 2023, ch, 52, § 4, ch. 91, § 1, January 1, 2024.
8-1104. Sale of vehicles and personal property; verification; notice.
(a) Before any such vehicle and personal property is sold, the person intending to sell such vehicle shall request verification from the division of vehicles of the last registered owner and any lienholders, if any. Such verification request shall be submitted to the division of vehicles not more than 30 after such person took possession of the vehicle. Every person intending to sell any vehicle pursuant to this section that cannot be verified by the division of vehicles shall obtain an interstate search of registered owners and lienholders unless:
(1) The vehicle is 15 years of age or older; or
(2) the vehicle is determined by the division of vehicles to be a nonrepairable vehicle pursuant to K.S.A. 8-135c, and amendments thereto.
(b) Notice of sale, as provided in this act, shall be mailed by certified mail to any such registered owner and any such lienholders within 15 calendar days after receipt of verification of the last owner and any lienholders, if any. The person intending to sell such vehicle and personal property pursuant to this act shall cause a notice of the time and place of sale, containing a description of the vehicle and personal property, to be published in a newspaper published in the county where such sale is advertised to take place, and if there is no newspaper published in such county, then the notice shall be published in some newspaper of general circulation in such county. Notices given under this section shall state that if the amount due, together with storage, publication, notice and sale costs, is not paid within 15 days from the date of mailing, the vehicle and personal property will be sold at public auction. Notice of an auction shall be published at least seven days prior to the scheduled auction.
History: L. 1987, ch. 209, § 2; L. 2000, ch. 179 § 13; L. 2004, ch. 37, § 3; L. 2021, ch. 73, § 5, L. 2023, ch. 52, § 5, January 1, 2024.
All sales under this act shall be at public auction, for cash.
History: L. 1987, ch. 209, § 3; July 1.
8-1108. Invalidity of lien, when.
Failure to give any notice required under the provisions of this act shall stop the
imposition of storage fees, until the notice provisions are complied with in
accordance with the provisions of this act.
History: L. 1987, ch. 209, § 6; L. 2000, ch. 179 § 14; July 1.
8-1109. (Tentative statute number). Certification of compliance upon sale of vehicle.
(a) A public agency or person providing wrecker or towing service shall provide a certification of compliance to a purchaser upon the sale and transfer of a vehicle pursuant to K.S.A. 8-1102 and 8-1103, and amendments thereto. A certification of compliance shall allow such purchaser to apply for and receive a certificate of title from the division of vehicles that is free and clear of all liens, security interests and encumbrances.
(b) A certification of compliance shall be completed on a form and in a manner approved by the secretary of revenue, or the secretary's designee. Such certification of compliance shall certify that the requirements of K.S.A. 8-1102 through 8-1104, and amendments thereto, have been met by the public agency or person providing wrecker or towing service. The certification of compliance form shall be subject to a fee of $20. All certification of compliance fees collected by the division of vehicles, a contractor or a county treasurer pursuant to this subsection shall be retained by the entity who processed the certification of compliance form.
© Certification of compliance fees prescribed by subsection (b) may be applied to the purchaser as part of the sale of a vehicle pursuant to K.S.A. 8-1102 and 8-1103, and amendments thereto. Certification of compliance fees may be applied to the owner of the vehicle if such owner claims the vehicle from a public agency or person providing wrecker or towing service prior to the vehicle being sold at public auction.
(d) A certification of compliance provided for in this section shall also certify that vehicle identification number inspection requirements have been met for any sales of vehicles that are registered or titled in a jurisdiction outside of Kansas in accordance with K.S.A. 8-116a, and amendments thereto.
(e) The provisions of this section shall take effect on and after January 1, 2024.
History: L. 2023, ch. 52, § 1, July 1.