Kansas Administrative Regulations
Agency 82 - KANSAS CORPORATION COMMISSION
Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY
Section 82-4-3a - Hours of service
Universal Citation: KS Admin Regs 82-4-3a
Current through Register Vol. 43, No. 12, March 20, 2024
(a)
(1) With the following exceptions, 49 C.F.R.
Part 395, as in effect on October 1, 2015 and as amended by 80 fed. reg.
78383-78416 (2015), excluding appendix A to subpart B, and 81 fed. reg.
47721-47722 (2016), is hereby adopted by reference:
(A) The following revisions shall be made to
49 C.F.R.
395.1:
(i)
49 C.F.R.
395.1(a)(2) shall be
deleted.
(ii) In paragraph (b), the
phrase "Except as provided in paragraph (h)(2) of this section," shall be
deleted.
(iii) In paragraph
(g)(1)(i), the phrase "393.76 of this subchapter" shall be deleted and replaced
with "
49 C.F.R. 393.76
as adopted by
K.A.R.
82-4-3i."
(iv) In paragraph (g)(1)(i)(B), the phrase ",
or, in the case of drivers in Alaska, the driving limit specified in §
395.1(h)(1)(i)-(ii)," shall be deleted.
(v) In paragraph (g)(1)(i)(C), the phrase ",
or in the case of drivers in Alaska, the period specified in §
395.1(h)(1)(ii)," shall be deleted.
(vi) In paragraph (g)(1)(ii)(C), the phrase
"- or, for calculation of the 20-hour period in § 395.1(h)(1)(ii) for
drivers in Alaska, all on-duty time-" shall be deleted.
(vii) In paragraph (g)(2), the phrase "393.76
of this sub-chapter" shall be deleted and replaced with "
49 C.F.R. 393.76
as adopted by
K.A.R.
82-4-3i."
(viii) In paragraph (g)(3), the phrase
"393.76 of this sub-chapter" shall be deleted and replaced with "
49 C.F.R. 393.76
as adopted by
K.A.R.
82-4-3i."
(ix)
49 C.F.R.
395.1(h) shall be
deleted.
(x)
49 C.F.R.
395.1(i) shall be
deleted.
(xi) In paragraph (k), the
phrase "each State" shall be deleted and replaced with "the state of Kansas."
The following shall be added after subparagraph (3): "(4) 'Planting and
harvesting seasons' means the time periods for planting, growing, and
harvesting that occur between January 1 and December 31."
(xii) In paragraph (q), the phrase "
49 CFR
397.5 " shall be deleted and replaced with "
49 C.F.R.
397.5 as adopted by
K.A.R.
82-4-3k."
(xiii) In paragraph (s), the phrase "
49
CFR 390.5 " shall be deleted and replaced
with "
49
C.F.R. 390.5 as adopted by
K.A.R.
82-4-3f."
(xiv) In paragraph (x), the phrase "
49 CFR
390.38(b) " shall be deleted
and replaced with "
49 C.F.R.
390.38(b) as adopted by
K.A.R.
82-4-3f."
(B) The following revisions shall be made to
49
C.F.R. 395.2:
(i) In the definition of "farm supplies for
agricultural purposes," the phrase "each State" shall be deleted and replaced
with "the state of Kansas." The phrase "the State" shall be deleted and
replaced with "the commission."
(ii) In paragraph (4)(i) of the definition of
"on duty time," the phrase "§ 397.5 of this subchapter" shall be deleted
and replaced with "
49 C.F.R.
397.5 as adopted by
K.A.R.
82-4-3k."
(iii) In paragraph (7) of the definition of
"on duty time," the phrase "part 382 of this subchapter" shall be deleted and
replaced with "49 C.F.R. Part 382 as adopted by
K.A.R.
82-4-3c."
(iv) The definition of "signal employee"
shall be deleted and replaced with the following: "'Signal employee' means an
individual who is engaged in installing, repairing or maintaining signal
systems."
(v) The definition of
"sleeper berth" shall be deleted and replaced by the following: "'Sleeper
berth' means a berth conforming to the requirements of
49 C.F.R. 393.76,
as adopted in
K.A.R.
82-4-3i."
(vi) In the definition of "transportation of
construction materials and equipment," the following text shall be deleted: ",
except that a State, upon notice to the Administrator, may establish a
different air mile radius limitation for purposes of this definition if such
limitation is between 50 and 75 air miles and applies only to movements that
take place entirely within the State. This paragraph does not apply to the
transportation of material found by the Secretary to be hazardous under
49 U.S.C.
5103 in a quantity requiring placarding under
regulations issued to carry out such section."
(C) The following revisions shall be made to
49 C.F.R.
395.3:
(i)
Paragraph (c)(1) shall be deleted and replaced with the following: "Any period
of 7 consecutive days may end with the beginning of any off-duty period of 34
or more consecutive hours."
(ii)
Paragraph (c)(2) shall be deleted and replaced with the following: "Any period
of 8 consecutive days may end with the beginning of any off-duty period of 34
or more consecutive hours."
(iii)
Paragraph (d) shall be deleted.
(D) The following changes shall be made to
49 C.F.R.
395.8:
(i)
In paragraph (a)(1), the phrase "§ 390.5" shall be deleted and replaced
with "
49
C.F.R. 390.5 as adopted by
K.A.R.
82-4-3f."
(ii) All references to "December 18, 2017"
shall be replaced with "January 3, 2018."
(E) The following revisions shall be made to
49 C.F.R.
395.11:
(i)
In paragraph (a), "December 18, 2017" shall be replaced by "January 3,
2018."
(ii) Paragraphs (h)(1),
(h)(2), and (h)(3) shall be deleted and replaced with the following: "A carrier
utilizing an FMCSA authorized supporting document self-compliance system will
be deemed to comply with K.A.R. 82-4-3a."
(F) The following revisions shall be made to
49 C.F.R.
395.13:
(i)
In paragraph (a), the phrase "every special agent of the Federal Motor Carrier
Safety Administration (as defined in appendix B to this subchapter)" shall be
deleted and replaced by "any authorized representative of the commission, and
any member of the Kansas highway patrol or any other law enforcement officer in
the state who is certified in the inspection of motor carriers based on the
motor carrier safety assistance program standards."
(ii)
49 C.F.R.
395.13(c)(2) shall be
deleted and replaced by the following: "Within fifteen days following the date
any driver is placed out of service, the motor carrier that employed the driver
shall personally deliver or place in the U.S. mail to the state director of
transportation and to the federal motor carrier safety administration a signed
certification in a form acceptable to the commission. Any signed certification
acceptable to the commission shall include the following information:
"(i) All violations have been
corrected;
"(ii) action has been
taken to ensure compliance with
49 C.F.R.
395.1, 49 C.F.R. 395.2,
49 C.F.R.
395.3, 49 C.F.R. 395.5,
49 C.F.R.
395.8, 49 C.F.R. 395.13, and
49 C.F.R.
395.15, each as adopted by K.A.R. 82-4-3a;
and
"(iii) the motor carrier
understands that false certification can result in appropriate enforcement
action."
(iii)
49 C.F.R.
395.13(d)(4) shall be
deleted and replaced with the following: "
49 C.F.R.
395.13 as adopted by K.A.R. 82-4-3a does not
alter the hazardous materials requirements prescribed in
49 C.F.R.
397.5 as adopted by
K.A.R.
82-4-3k pertaining to attendance and
surveillance of commercial motor vehicles."
(G) The following revisions shall be made to
49 C.F.R.
395.15:
(i)
In paragraph (a), "December 18, 2017" shall be replaced with "January 3,
2018."
(ii) The last sentence in
49 C.F.R.
395.15(b)(3) shall be
deleted.
(iii) In paragraph (i)(4),
the term "FMCSA" shall be deleted and replaced by "commission."
(iv) In paragraph (i)(7), the term "FMCSA"
shall be deleted and replaced by "commission."
(v) In paragraphs (j)(1) and (j)(2), the term
''FMCSA'' shall be deleted and replaced by ''commission.''
(H) In
49 C.F.R.
395.28, "§ 390.3(f)" shall be replaced
with "
49 CFR
390.3 as adopted by
K.A.R.
82-4-3f."
(I) In
49 C.F.R.
395.34(d)(3), (d)(4), and
(d)(5), "FMCSA" shall be replaced by "the
Commission."
(J)
49 C.F.R.
395.38 shall be deleted.
(2) As used in this regulation, each
reference to a portion of 49 C.F.R. Part 395 shall mean that portion as adopted
by reference in this regulation.
(b) Whenever the federal regulations adopted in this regulation refer to portions of the federal regulations or other operating standards that are not already adopted by reference in article 4 of the commission's regulations, the references shall not be applicable to this regulation unless otherwise specifically adopted.
(c) No wrecker or tow truck, as defined by K.S.A. 66-1329 and amendments thereto, with a gross vehicle weight rating or gross combination vehicle weight rating of 26,000 pounds or less that is operating in intrastate commerce and is not either carrying 16 or more passengers, including the driver, or transporting materials required to be placarded shall be subject to this regulation.
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