Kansas SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

The Kansas Department of Revenue, Division of Vehicles (Driver Solutions) calls it an 'SR22' - 'evidence of liability insurance' that the person's insurance company must maintain on file with the Division of Vehicles. K.S.A. 40-3118(d)(1) describes it as evidence of insurance the insurer keeps on file with the division; the KDOR chart says the SR22 is not to be obtained until Driver Solutions requests it, because no credit is given for a filing received before the notice of the requirement is sent.

“**SR22 should not be obtained until requested by Driver Solutions, no credit will be given if an SR22 is received before notification of the requirement is sent.”

What triggers it

A conviction (in Kansas or another state) of a violation enumerated in K.S.A. 8-285, which includes violating K.S.A. 8-1567 (DUI); K.S.A. 40-3118(d)(5) counts a guilty or nolo contendere plea and an unvacated bail-bond forfeiture as a conviction, and K.S.A. 8-285 treats a DUI diversion agreement as a conviction. KDOR's Imposed Actions chart marks the K.S.A. 8-1567 DUI conviction row 'Requires SR22'. The statute and the KDOR chart tie the filing to the conviction; the KDOR pages do not list an SR22 requirement for the separate administrative test-failure/refusal suspension under K.S.A. 8-1014, though 40-3118(d)(2) extends the filing to any driver suspended under 40-3118 itself.

“convicted in this or another state of any of the violations enumerated in K.S.A. 8-285 ... (2) The director shall also require any driver whose driving privileges have been suspended pursuant to this section to maintain such evidence of insurance as required above.”

How long it stays on file, and from when

1 year, the source does not state when the period starts.

One year. K.S.A. 40-3118(d)(1) says the insurer must maintain the evidence on file 'for a period of one year' without naming a start event. KDOR's chart describes the filing as 'a full year (SR22)' and states that no credit is given for an SR22 received before Driver Solutions sends notice of the requirement, and that a suspension takes effect if the SR22 is not received within 30 days of the requirement - so the agency counts the year only from a filing made after its notice, but neither source states the start date expressly.

“maintain on file with the division evidence of such insurance for a period of one year when a person has been convicted in this or another state of any of the violations enumerated in K.S.A. 8-285”

If the policy is cancelled or lapses

K.S.A. 40-3118(d)(3) requires the insurer to immediately mail notice to the director whenever a policy required to be on file is terminated by the insured or the insurer for any reason; receipt of that notice is prima facie evidence that no financial security exists. Under 40-3118(e) the director then notifies the person that registration and driving privileges will be suspended 30 days after the notice is mailed unless proof of continuous financial security is shown or a hearing is requested within 10 days; under 40-3118(f) the suspension stays in effect until satisfactory proof of insurance is filed as required by subsection (d) and a reinstatement fee is paid ($100, higher for a repeat revocation within one year). Neither the statute nor the KDOR chart says whether the one-year period restarts after a lapse.

“The company of the insured shall immediately mail notice to the director whenever any policy required by this subsection to be on file with the division is terminated by the insured or the insurer for any reason. The receipt by the director of such termination shall be prima facie evidence”

Non-owner and out-of-state policies

K.S.A. 40-3118(d)(6) states the evidence-of-insurance requirement 'shall apply whether or not such person owns a motor vehicle', so a person without a vehicle must still have an insurer file evidence of insurance; the statute and the KDOR pages do not use the term 'non-owner policy' or describe what such a filing covers.

“(6) The requirements of this subsection shall apply whether or not such person owns a motor vehicle.”

K.S.A. 40-3118(d)(1) applies to convictions 'in this or another state', but neither 40-3118 nor the KDOR pages (Imposed Actions chart, Suspended Licenses/Driver Solutions page, Revocation or Suspension FAQ, Proof of Insurance page) say whether a filing from an insurer licensed only in another state, or for a driver who now lives in another state, is accepted.

“when a person has been convicted in this or another state of any of the violations enumerated in K.S.A. 8-285”

Liability limits the filing certifies

Minimum limits: 25/50/25

K.S.A. 40-3107(e) requires every Kansas motor vehicle liability policy issued or renewed on or after January 1, 2017 to carry limits of not less than $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage; 40-3107(f) also requires the policy to include personal injury protection (PIP) benefits; 40-3107 does not itself state an uninsured-motorist component. The evidence of insurance filed under 40-3118(d) is evidence of the insurance required by the act; neither statute states separate SR22 limits.

“not less than $25,000 because of bodily injury to, or death of, one person in any one accident ... not less than $50,000 because of bodily injury to, or death of, two or more persons in any one accident, and to a limit of not less than $25,000 because of harm to or destruction of property of others”

How the filing is confirmed

KDOR's chart says a suspension becomes effective if the SR22 has not been received within 30 days of the requirement, and that the requirement is communicated by a notification from Driver Solutions; it points drivers to the free online driving-privilege status check (ksrevenue.org/dlstatuscheck). The KDOR driving-record code sheet (DC-9) records a failure to maintain continuous liability insurance or file evidence of insurance as an administrative suspension (code FR4). No page describes a separate SR22 confirmation letter or online SR22 lookup.

Agency page: www.ksrevenue.gov

“Did you know that you can check the status of your Kansas driving privileges online at no charge? Please visit our website at ksrevenue.org/dlstatuscheck”

Financial-responsibility statute

K.S.A. 40-3118(d) (Kansas Automobile Injury Reparations Act - evidence of insurance after enumerated convictions); see also K.S.A. 40-3107(e) (policy limits) and K.S.A. 8-285 (enumerated violations)

“the director shall require a person to acquire insurance and for such person's insurance company to maintain on file with the division evidence of such insurance for a period of one year when a person has been convicted in this or another state of any of the violations enumerated in K.S.A. 8-285”