An SR-22 is a document issued by an auto insurer to the State indicating that you carry sufficient insurance to satisfy that state’s Financial Responsibility Law. States demand one from a driver when they have either been convicted of specific crimes or have failed to show evidence of financial responsibility in the even they are found to be at fault in an accident. Should an SR-22 be required, you are barred from driving until you provide one and maintain the underlying insurance to support the proof of financial responsibility.
Non Owners Insurance in Kansas
If you do not own a vehicle, but need to have an SR-22 in order to drive, you will need to obtain an Operator’s Policy also known as a Named Non Owner Policy, which provides you with liability insurance coverage should you operate a vehicle that is uninsured. Otherwise, you will need an auto insurance policy that provides liability coverage for both you and your auto.
How an SR-22 Affects your Kansas Car Insurance Rates.
Because the insured has a blemished driving record, they will not get the lowest rates for coverage. That being said, one should comparison shop and compare rates for the policy itself as well as any fees related to filing an SR-22. It should also be noted that if you need to have an SR-22 processed quickly, the fees to do so will not be inexpensive.
Limitations of SR-22 Coverage in Kansas
Another thing to note is that the policy itself may have terms and conditions that may limit coverage under certain circumstances. For example, should you be involved in an accident and you are using the vehicle in commission of a crime (and the definition of crime includes driving while under the influence of alcohol or drugs) coverage for damage to your auto may evaporate. In addition, the limits for third party liability coverages in the event the auto is used during a crime will be reduced to the statutory minimum required by the state.
Once the period for which your need to supply an SR-22 ends, you will then have much more flexibility to select an insurance policy as more insurers will be willing to insure you with a better rate. In addition, you will no longer need to pay any fees associated with processing the document.
Why Would I Need to File an SR–22 in Kansas?
In Kansas, you will be required to file an SR – 22 for a one year period if you have been found to not be in compliance with the requirement to maintain financial security on a motor vehicle. This can happen when;
- You fail to provide proof of financial security during a traffic stop,
- Your license is suspended for failure to maintain financial security or
- You fail to provide proof of financial security when involved in an automobile accident.
You can prove financial responsibility by producing a copy of the declaration page of your insurance policy, a Certificate of Insurance or an Insurance Identification Card.
You may present a copy of you Insurance Identification Card that is stored on your mobile device, and it is acceptable. Note that if you present the card on your mobile device, a police officer is not allowed to go through your cell phone data.
If you are insured at the time you are asked to prove financial responsibility and are unable to do so, you have 30 days to submit proof to the Kansas Department of Revenue’s Division of Motor Vehicles in order to avoid a license suspension. If you fail to do so, your license will be suspended until you are able to prove financial security.
In addition, you will be required to provide an SR – 22 if you have been convicted of the following offenses.
- Vehicular homicide,
- Driving under the influence. This is defined as:
- The alcohol concentration in the person’s blood or breath as shown by any competent evidence, is .08 or more;
- The alcohol concentration in the person’s blood or breath, as measured within three hours of the time of operating or attempting to operate a vehicle, is .08 or more;
- Under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle;
- Under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle (This includes prescription medications. When you are prescribed a medication you need to discuss with your doctor and your pharmacist how the medication in conjunction with any other medications you are taking affects your ability to drive;) or
- Under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle.
- Driving while the privilege to operate a motor vehicle on the public highways of this state has been canceled, suspended or revoked,
- Making a statement or executing an affidavit that is perjured.
- Supplying an application for a driver’s license that is fraudulent
- Any crime punishable as a felony, if a motor vehicle was used in the perpetration of the crime;
- Failing to stop at the scene of an accident where there is bodily injury and property damage involved.
- Not having insurance coverage. If you are convicted for not having insurance coverage while driving a vehicle owned by another person with their permission, both the owner AND the driver are subject to having their license suspended. In addition the owner and the driver will need to have SR – 22s on file in order to have their licenses reinstated.
- Refusing to submit to a test or complete a test to determine the presence of alcohol or drugs
Note that under Kansas law, conviction includes, but is not limited to, a diversion agreement entered into in lieu of further criminal proceedings, or a plea of nolo contendere, on a complaint, indictment, information, citation or notice to appear
How do I Get My Driver’s License Reinstated (Get My License Back) in Kansas?
To reinstate your driver’s license after a suspension you must,
- Serve your suspension period.
with any requirements related to your conviction such as
- Satisfying a judgment
- Completing a drug or alcohol intervention program
- Paying any fines associated with the conviction
- If your license was revoked, pass the written, road and vision tests.
- Obtain liability insurance and have an SR – 22 filed on your behalf and
- Pay the reinstatement fee of $100.00 – $300.00. The actual fee is based on the reason for the suspension of your license.
If you have been convicted of driving under the influence, you will be required to have an ignition interlock device installed on your car. An ignition interlock device requires that the driver breathe into a breathalyzer before they start their car. The breathalyzer will then test for alcohol consumption and prevent the car from being started should the driver be intoxicated. In addition, the ignition interlock device will request a breath sample at random intervals while the driver is operating the car. One thing it won’t do is shut the car off while you are driving should you be intoxicated. There is a fee for installation and purchase of the device as well as for maintenance. These vary, so you may want to shop for the best deal.
Under certain circumstances, you can obtain a one year restricted license while you comply with court requirements related to a conviction. This license will allow you to drive
- To and from work or school
- To and from appointments with a health care provider
- To and from parole or probation meetings
- To and from drug and alcohol counseling
- To and from any place the court requires you to go
- In the course of employment.
- In the event of a medical emergency
other places specified
in the license as
ordered by the court.
The license will also include restrictions on the days and hours you are allowed to drive. In some instances you will also be restricted to driving on specific routes. Should you be permitted to obtain a restricted license, you will also have to obtain liability insurance and have an SR – 22 filed on your behalf. In addition, if the conviction is related to driving under the influence, you will need to have an ignition interlock device installed on your car.
The license is valid for one year during which time you are expected to complete the requirements of the court related to your conviction. Once you complete the requirements the court orders, you may have your full driving privileges reinstated.
In summary, If you have had your driver license suspended or revoked, you will need and SR – 22. In addition, there will be several steps you need to take in order to partially have your driving privilege restored so that you may be able to drive again even after you have been sanctioned.