8-1015 Modification of DL Suspension

K.S.A. 8-1015 allows a person to apply to have their driver license suspension modified. If granted, it allows the person to drive, with restrictions, so long as an ignition interlock is installed. The wait time is either 45 days or 90 days, depending on the specific situation.

On July 1, 2012 the new statute was amended to the following:

K.S.A. 2011 Supp. 8-1015 is hereby amended to read as

follows: 8-1015.

(a) (1) Except as provided in subsection (a)(2), whenever a person's

driving privileges have been suspended for one year as provided in sub-

section (a) of K.S.A. 8-1014, and amendments thereto, after 90 days of

such suspension, such person may apply to the division for such person's

driving privileges to be restricted for the remainder of the one-year sus-

pension period to driving only a motor vehicle equipped with an ignition

interlock device and only for the purposes of getting to and from: Work,

school or an alcohol treatment program; and the ignition interlock pro-

vider for maintenance and downloading of data from the device.

(2) Whenever a person's driving privileges have been suspended for

one year as provided in subsection (a)(1) of K.S.A. 8-1014, and amend-

ments thereto, after 90 days of such suspension, such person may apply

to the division for such person's driving privileges to be restricted for the

remainder of the one-year suspension period to driving only a motor ve-

hicle equipped with an ignition interlock device and only under the cir-

cumstances provided by subsections (a)(1), (2), (3) and (4) of K.S.A. 8-

292, and amendments thereto.

(3) Except as provided in subsection (a)(4), whenever a person's driv-

ing privileges have been suspended for one year as provided in subsection

(b) of K.S.A. 8-1014, and amendments thereto, after 45 days

of such suspension, such person may apply to the division for such per-

son's driving privileges to be restricted for the remainder of the one-year

suspension period to driving only a motor vehicle equipped with an ig-

nition interlock device and only for the purposes of getting to and from:

Work, school or an alcohol treatment program; and the ignition interlock

provider for maintenance and downloading of data from the device.

(4) Whenever a person's driving privileges have been suspended for

one year as provided in subsection (b)(2)(A) of K.S.A. 8-1014, and amend-

ments thereto, after 45 days of such suspension, such person may apply

to the division for such person's driving privileges to be restricted for the

remainder of the one-year suspension period to driving only a motor ve-

hicle equipped with an ignition interlock device and only under the cir-

cumstances provided by subsections (a)(1), (2), (3) and (4) of K.S.A. 8-

292, and amendments thereto.

(5) The division shall assess an application fee of $100 for a person

to apply to modify the suspension to restricted ignition interlock status.

(6) The division shall approve the request for such restricted li-

cense unless such person's driving privileges have been restricted, sus-

pended, revoked or disqualified pursuant to another action by the division

or a court. If the request is approved, upon receipt of proof of the in-

stallation of such device, the division shall issue a copy of the order im-

posing such restrictions on the person's driving privileges and such order

shall be carried by the person at any time the person is operating a motor

vehicle on the highways of this state. Except as provided in K.S.A. 8-1017,

and amendments thereto, if such person is convicted of a violation of the

restrictions, such person's driving privileges shall be suspended for an

additional year, in addition to any term of suspension or restriction as

provided in subsection (a) or (b) of K.S.A. 8-1014, and amend-

ments thereto.

(b) (1) On and after July 1, 2011, through June 30, 2015:

(A) Except as provided in subsection (b)(1)(B), when a person has

completed the suspension pursuant to subsection (b)(1)(A) of K.S.A. 8-

1014, and amendments thereto, the division shall restrict the person's

driving privileges for 180 days to driving only a motor vehicle equipped

with an ignition interlock device.

(B) When a person has completed the suspension pursuant to sub-

section (b)(1)(A) of K.S.A. 8-1014, and amendments thereto, the division

shall restrict the person's driving privileges for one year to driving only a

motor vehicle equipped with an ignition interlock device if the records

maintained by the division indicate that such person has previously: (A)

Been convicted of a violation of K.S.A. 8-1599, and amendments thereto;

(B) been convicted of a violation of K.S.A. 41-727, and amendments

thereto; (C) been convicted of any violations listed in subsection (a) of

K.S.A. 8-285, and amendments thereto; (D) been convicted of three or

more moving traffic violations committed on separate occasions within a

12-month period; or (E) had such person's driving privileges revoked,

suspended, canceled or withdrawn.

(2) On and after July 1, 2015:

(A) Except as provided in subsection (b)(2)(B), when a person has

completed the suspension pursuant to subsection (b)(1)(A) of K.S.A. 8-

1014, and amendments thereto, the division shall restrict the person's

driving privileges to driving only under the circumstances provided by

subsections (a)(1), (2), (3) and (4) of K.S.A. 8-292, and amendments

thereto.

(B) In lieu of the restrictions set out in subsection (b)(2)(A), the di-

vision, upon request of the person whose driving privileges are to be

restricted, may restrict the person's driving privileges to driving only a

motor vehicle equipped with an ignition interlock device.

(c) Except as provided in subsection (b), when a person has com-

pleted the suspension pursuant to subsection (a) or (b) of K.S.A.

8-1014, and amendments thereto, the division shall restrict the person's

driving privileges pursuant to subsection (a) or (b) of K.S.A. 8-

1014, and amendments thereto, to driving only a motor vehicle equipped

with an ignition interlock device. Upon restricting a person's driving priv-

ileges pursuant to this subsection, the division shall issue a copy of the

order imposing the restrictions which is required to be carried by the

person at any time the person is operating a motor vehicle on the high-

ways of this state.

(d) Whenever an ignition interlock device is required by law, such

ignition interlock device shall be approved by the division and maintained

House Substitute for SENATE BILL No. 60—page 26

at the person's expense. Proof of the installation of such ignition interlock

device, for the entire period required by the applicable law, shall be pro-

vided to the division before the person's driving privileges are fully re-

instated.

(e) Except as provided further, any person whose license is restricted

to operating only a motor vehicle with an ignition interlock device in-

stalled may operate an employer's vehicle without an ignition interlock

device installed during normal business activities, provided that the per-

son does not partly or entirely own or control the employer's vehicle or

business. The provisions of this subsection shall not apply to any person

whose driving privileges have been restricted for the remainder of the

one-year suspension period as provided in subsection (a)(1) or (a)(3).

(f) Upon expiration of the period of time for which restrictions are

imposed pursuant to this section, the licensee may apply to the division

for the return of any license previously surrendered by the licensee. If

the license has expired, the person may apply to the division for a new

license, which shall be issued by the division upon payment of the proper

fee and satisfaction of the other conditions established by law, unless the

person's driving privileges have been suspended or revoked prior to ex-

piration.

(g) Any person who has had the person's driving privileges suspended, restricted or revoked pursuant to subsection (a), (b) or (c) of K.S.A.

8-1014, prior to the amendments by this act and section 14 of chapter

105 of the 2011 Session Laws of Kansas, may apply to the division to have

the suspension, restriction or revocation penalties modified in con-

formity with the provisions of subsection (a), (b) or (c) of K.S.A. 8-1014,

and amendments thereto. The division shall assess an application fee of

$100 for a person to apply to modify the suspension and, restriction or

revocation penalties previously issued. The division shall modify the sus-

pension, restriction or revocation penalties, unless such person's driving

privileges have been restricted, suspended, revoked or disqualified pur-

suant to another action by the division or a court.

(h) The division shall remit all application fees collected pursuant to

subsections (a) and (g) to the state treasurer in accordance with the pro-

visions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each

such remittance, the state treasurer shall deposit the entire amount in the

state treasury and shall credit such moneys to the division of vehicles

operating fund until an aggregate amount of $100,000 is credited to the

division of vehicles operating fund each fiscal year. On and after an ag-

gregate amount of $100,000 is credited to such fund each fiscal year, the

entire amount of such remittance shall be credited to the community

corrections supervision fund created by K.S.A. 2011 Supp. 75-52,113, and

amendments thereto. The application fee established in this section shall

be the only fee collected or moneys in the nature of a fee collected for

such application. Such fee shall only be established by an act of the leg-

islature and no other authority is established by law or otherwise to collect

a fee.