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Law Office of Richard E. Oswalt
A Look at the "New" SR-22 Requirements:
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The statute that requires the filing of the insurance form known as “SR-22” is found in the Kansas statutes, KSA 40-3118. Although this statute did not change in the last year, the Driver Control Bureau now interprets this statute differently. The new enforcement guidelines are as follows:
 
First, Whenever the division of motor vehicles receives notice of non-compliance with the State’s requirement to maintain financial security on a motor vehicle as directed in KSA 40-3118 (a), the division will require the filing of an SR-22 as described in KSA 40-3118. The requirement of this SR-22 filing is triggered by various traffic events, including the following:
  1. Traffic officers' DC-66 filing to the division for failure to provide proof of insurance during a traffic stop, unless proof of insurance is provided to the department within the time prescribed by KSA 40-3118(e).
    KSA 40-3104(d), KSA 40-3118 (e)(d).
  2. Conviction of any violation listed under the Habitual Violator Statute (KSA 8-285) (KSA 40-3118(d).
  3. Any license suspension, resulting from (noncompliance) with this statute's requirements to maintain evidence of insurance (KSA 40-3118(d).
  4. For automobile owner and/or driver failing to provide evidence of financial security as a result of an automobile accident as required by KSA 40-3104, and KSA-40-3118(e)(d).

The division will start, or re-start in the case of a lapse of coverage, the required twelve (12) month continuous “proof of insurance” requirement for any of the events described above. KSA 40-3118(d).
 

Second,

As directed above, a Kansas driver convicted of a violation listed under the Habitual Violator Statute (KSA 8-285), is required by the State to maintain on file with the division of motor vehicles “proof of insurance filing” for a period of twelve (12 ) consecutive months. These Habitual Traffic Violations violations include the following:

  1. Vehicular homicide ( KSA 21-3405)
  2. DUI - including a Diversion Agreement for this offence (KSA 8-1567)
  3. Driving while Suspended or Revoked (KSA 8-262, KSA 8
  4. Perjury in violation of (KSA-261a)
  5. Violation of the fifth clause of( KSA 8-142 ), and amendments thereto relating to fraudulent applications.
  6. Any crime punishable as a felony, if a vehicle was used in that crime
  7. Failing to stop a the scene of an accident an perform duties required by (KSA 8-1602 through KSA 8-1604).
  8. Violating the Vehicle Insurance provisions of ( KSA 40-3104), relating to motor vehicle liability insurance.

This twelve (12) month “proof of insurance filing” (SR-22) required by the state must be maintained continually throughout the year with no lapse in coverage. If even a one day lapse occurs and Topeka is notified, the twelve (12) month SR-22 filing requirement re-starts, requiring a new twelve months of filing. This requirement applies whether or not such person owns a motor vehicle.
 

   

NOTE! This differs from the old enforcement of this statute which was based on a calendar 12 months. For example, if a SR-22 filing was required from January 2001 to January 2002, and the policy lapsed in April of 2001, under the old enforcement of this rule, the filing requirement would still terminate in January 2002. Under the new enforcement guidelines, the (SR-22) filing requirement would re-start for a new twelve (12) month period upon the Driver Control Bureau receiving notification from your insurance agent of current insurance coverage.
 

Third,

License suspension. There are License Suspension penalties for violation of KSA 40-3118. These are found in KSA 40-3118(e), which states in part:

Whenever the division of motor vehicles receives notice of non-compliance with the States requirement to maintain continuous financial security on a motor vehicle, as required under KSA 40-3118 (a) discussed above, (after sending the required notices as outlined in KSA 40-3118(e)), the division will suspend or revoke the driving privileges of the owner. This revocation will remain in effect until satisfactory proof of insurance has been filed with the director as required in KSA 40-3118(d and the appropriate reinstatement fees have been paid. (KSA 40- 3118(f)).

Note! The Owner, as well as the Driver of a uninsured vehicle involved in an automobile accident is subject to license suspension under KSA 40-3104 (h)(1)(A)(B).
 

Fourth,

If a license is suspended by the department for non-compliance of any of these sections of KSA-40-3118, the division will require that an SR-22 “proof of insurance filing” be maintained for a period of twelve (12 ) continuous months as described in KSA 40-3118(d). This requirement applies whether or not such person owns a motor vehicle. KSA 40-3118(d).
 

Fifth,

The reinstatement fee has now been increased by the legislature for non compliance with KSA 40-3118 (I). Whenever the registration of a motor vehicle or the driving privileges of the owner of the vehicle are suspended for failure to maintain continuous financial security as required by KSA 40-3118, the required reinstatement fee is either $ 100 or $ 300 depending upon the number of times the drivers license, or driver’s vehicle registration has been revoked by the department.
 

Note! It is much easier to comply with this ( SR-22) requirement if you pay your auto insurance premiums quarterly or semi-annually. Although it is a larger expense at the time, it may help prevent the costly fees that occur with a lapse in coverage, not to mention the fines, hassle, and legal cost that can occur if your license is Suspended for non-compliance of this statute. There may be other Kansas laws you are subject to if you are charged under this law.

Toll Free 800-287-0940
or 620-728-0388
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