Kansas Administrative Regulations
Agency 82 - KANSAS CORPORATION COMMISSION
Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY
Section 82-4-3f - General motor carrier safety regulations
Universal Citation: KS Admin Regs 82-4-3f
Current through Register Vol. 43, No. 12, March 20, 2024
(a) With the following exceptions, 49 C.F.R. Part 390, as in effect on October 1, 2018, is hereby adopted by reference:
(1) The following
revisions shall be made to 49 C.F.R. 390.3T:
(A) In paragraph (a), the phrase "or
intrastate" shall be added after the word "interstate."
(B) In paragraph (a)(2), " 49 CFR 386.12(c) "
shall be deleted and replaced with " 49 C.F.R. 386.12(c), as adopted by K.A.R.
82-4-3o."
(C) Paragraph (b) shall
be deleted and replaced with the following: "The Kansas uniform commercial
drivers' license act, found at K.S.A. 8-2,125 et seq., is applicable to every
person who operates a commercial motor vehicle in interstate or intrastate
commerce and to all employers of such persons."
(D)The following revisions shall be made to
paragraph (c):
(i) The phrase "Part 387 of
this chapter, Minimum Levels of Financial Responsibility for Motor Carriers"
shall be deleted and replaced with "49 C.F.R. Part 387 as adopted by K.A.R.
82-4-3n."
(ii) The phrase "§
387.3 or § 387.27" shall be deleted and replaced with " 49 C.F.R. 387.3 or 387.27 as adopted by K.A.R. 82-4-3n."
(E) In paragraphs (f)(1) and (6), the phrase
"of this chapter" shall be replaced with "as adopted by K.A.R. 82-4-3g and
K.A.R. 82-4-3h."
(F) Paragraph
(g)(1) shall be deleted and replaced with the following: "(1) 49 C.F.R. Part
385, subparts A and E, as adopted by K.A.R. 82-4-3d, for carriers subject to
the requirements of 49 C.F.R. 385.403, as adopted by K.A.R. 82-4-3d." In
Paragraph (g)(2), the phrase "of this subchapter" shall be replaced with "as
adopted by K.A.R. 82-4-3o." Paragraph (g)(3) shall be deleted and replaced with
"49 C.F.R. Part 387, as adopted by K.A.R. 82-4-3n, to the extent provided in 49 C.F.R. 387.3 as adopted by K.A.R. 82-4-3n." Paragraph (g)(4) shall be
deleted.
(G) The following
revisions shall be made to paragraph (h):
(i)
Paragraph (1) shall be deleted.
(ii) Paragraph (2) shall be deleted and
replaced with "49 C.F.R. Part 386, Subpart F as adopted by K.A.R.
82-4-3o."
(iii) Paragraph (4) shall
be deleted and replaced with "49 C.F.R. Part 393 as adopted by K.A.R.
82-4-3i."
(iv) Paragraph (5) shall
be deleted and replaced with "49 C.F.R. Part 396 as adopted by K.A.R.
82-4-3j."
(2)
The following revisions shall be made to 49 C.F.R. 390.5T:
(A) In the definition of "commercial motor
vehicle," the phrase "or intrastate" shall be inserted following the term
"interstate."
(B) In the definition
of "driving a commercial motor vehicle while under the influence of alcohol,"
the phrase "Table 1 to §383.51 or §392.5(a)(2) of this subchapter,"
shall be deleted and replaced with "K.S.A. 8-2,125 et seq. or 49 C.F.R. 392.5(a)(2) as adopted by K.A.R. 82-4-3h."
(C) In the definition of "employer," the
phrase "or intrastate" shall be inserted following the term
"interstate."
(D) In the definition
of "exempt intracity zone," the following text shall be deleted: "of a
municipality or the commercial zone of that municipality described in appendix
F to subchapter B of this chapter. The term exempt intracity zone' does not
include any municipality or commercial zone in the State of Hawaii." The
deleted text shall be replaced by the following: "described in section 8 of 49
C.F.R. Subtitle B, Chapter III, Subchapter B, Appendix F, as adopted by K.A.R.
82-4-3f." The phrase "§ 391.62" shall be deleted and replaced with " 49 C.F.R. 391.62 as adopted by K.A.R. 82-4-3g."
(E) In the definition of "exempt motor
carrier," the phrase "Federal Motor Carrier Safety Administration (FMCSA) under
49 U.S.C. chapter 13506" shall be replaced by "Kansas Corporation Commission
under K.S.A. 66-1,109 or the federal motor carrier regulations."
(F) In the definition of "farm vehicle
driver," the phrase "§177.823 of this subtitle" shall be deleted and
replaced with " 49 C.F.R. 177.823 as adopted by K.A.R. 82-4-20."
(G) In the definition of "for-hire motor
carrier," the term "for-hire" shall have the same meaning as that for the term
"public."
(H) In the definition of
"Hazardous material," the phrase "United States" shall be inserted immediately
before the phrase "Secretary of Transportation."
(I) The following changes shall be made in
the definition of "hazardous substance":
(i)
Both instances of the phrase "§ 172.101" shall be deleted and replaced by
" 49 C.F.R. 172.101."
(ii) The first
instance of the phrase "of this title" shall be deleted and replaced by "as
adopted by K.A.R. 82-4-20."
(iii)
The phrase "§ 171.8 of this title" shall be deleted and replaced by " 49 C.F.R. 171.8, as adopted by K.A.R. 82-4-20."
(J) The definition of "medical examiner"
shall be deleted and replaced by the following: "Medical examiner' means an
individual certified by FMCSA and listed on the national registry of certified
medical examiners in accordance with 49 C.F.R. Part 390, Subpart D."
(K) In the definition of "medical variance,"
the phrase "part 381, subpart C, of this chapter or §391.64 of this
chapter" shall be deleted and replaced with " K.A.R. 82-4-6d or 49 C.F.R. 391.64 as adopted by K.A.R. 82-4-3g." The phrase "§ 391.49 of this chapter" shall
be deleted and replaced with " 49 C.F.R. 391.49 as adopted by K.A.R.
82-4-3g."
(L) In the definition of
"other terms," the phrase "or in the Kansas motor carrier regulations," shall
be added after "this subchapter."
(M) The following revisions shall be made to
the definition of "principal place of business":
(i) The phrase "parts 382, 387, 390, 391,
395, 396, and 397 of this subchapter" shall be deleted and replaced by " K.A.R.
82-4-3a, K.A.R. 82-4-3c, K.A.R. 82-4-3f, K.A.R. 82-4-3g, K.A.R. 82-4-3j, K.A.R.
82-4-3k, and K.A.R. 82-4-3n."
(ii)
The first instance of the term "Federal" shall be deleted.
(iii) The phrase "of the Federal Motor
Carrier Safety Administration" shall be deleted.
(N) In the definitions of "private motor
carrier of passengers (business)" and "private motor carrier of passengers
(nonbusiness)," the phrase "or intrastate" shall be inserted following the term
"interstate."
(O) In the definition
of "Secretary," "U.S." shall be inserted before "Secretary of
Transportation."
(P) The definition
of "Special agent" shall be deleted and replaced by the following: "Special
agent or authorized representative means an authorized representative of the
commission, and members of the 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."
(Q) In the definition of "use a hand-held
mobile telephone," the phrase "as adopted by K.A.R. 82-4-3i " shall be inserted
after the phrase " 49 C.F.R. 393.93."
(3) In 49 C.F.R. 390.6, paragraph (b) shall
be deleted and replaced with the following: "A driver who believes he or she
was coerced to violate a regulation described in paragraph (a)(1) or (2) of
this section may file a complaint with the National Consumer Complaint Database
at http://nccdb.fmcsa.dot.gov."
(4)
49 C.F.R. 390.7 and 49 C.F.R. 390.9 shall
be deleted.
(5) In 49 C.F.R. 390.11, the phrase "part 325 of subchapter A or in" shall be deleted.
(6) In 49 C.F.R. 390.13, the phrase "violate
the rules of this chapter" shall be deleted and replaced by "operate in Kansas
in a manner which violates any order, decision, or regulation of the
commission."
(7) The following
revision shall be made to 49 C.F.R. 390.15:
(A) In paragraph (a)(1), the phrase "of the
Federal Motor Carrier Safety Administration, an authorized State or local
enforcement agency representative or authorized third party representative"
shall be deleted.
(8)
The following revisions shall be made to 49 C.F.R. 390.19T:
(A) In paragraph (a)(1), the phrase
"interstate commerce" shall be deleted and replaced by "Kansas."
(B) In paragraph (a)(2), the phrase " 49 C.F.R. 385.401 to 385.423 as adopted by K.A.R. 82-4-3d, " shall replace "49
C.F.R. part 385, subpart E."
(C)
Paragraph (b) shall be deleted and replaced by the following: "The Form MCS-150
shall contain the following information:
"(1)
The USDOT number assigned to the carrier;
"(2) the legal name of the motor
carrier;
"(3) the trade or doing
business as' name of the motor carrier, if applicable;
"(4) the street address of the motor carrier,
including city, state, and zip code;
"(5) the mailing address of the motor
carrier, including city, state, and zip code;
"(6) the motor carrier's principal telephone
number and facsimile number;
"(7)
whether the motor carrier conducts intrastate only carriage of hazardous
materials or intrastate carriage of non-hazardous materials;
"(8) the motor carrier's mileage, rounded to
the nearest 10,000, for the last calendar year;
"(9) the type of operations the motor carrier
conducts;
"(10) the classification
of cargo that the motor carrier transports;
"(11) the hazardous materials transported by
the motor carrier;
"(12) the type
of equipment owned or leased or both for transporting property or
passengers;
"(13) the number of
drivers that operate within a 100-mile radius of the carrier's principal place
of business;
"(14) the number of
drivers that operate outside a 100-mile radius of the carrier's principal place
of business;
"(15) the number of
drivers with commercial drivers' licenses;
"(16) the total number of drivers;
and
"(17) for Kansas-based,
intrastate carriers, a signed and dated statement with the signatory's printed
name and title, certifying that the signatory is familiar with the commission's
safety regulations and that the information contained in the report is
accurate."
(D) In
paragraph (d), the term "agency's" shall be deleted and replaced by "FMCSA's."
The following sentence shall be inserted after the last sentence in paragraph
(d): "Kansas-based motor carriers may file the completed Form MCS-150 online at
fmcsa.dot.gov or with the Kansas Corporation Commission at 1500 S.W. Arrowhead
Road, Topeka, Kansas 66604."
(E) In
paragraph (g), "the penalties prescribed in 49 U.S.C. 521(b)(2)(B) " shall be
deleted and replaced by "civil penalties as provided in K.S.A.
66-1,142b."
(F) Paragraph (h) shall
be deleted.
(9) The
following revisions shall be made to 49 C.F.R. 390.21T:
(A) In paragraph (a), each instance of
"subject to subchapter B of this chapter" shall be deleted.
(B) Paragraph (e)(2)(iii)(C) shall be deleted
and replaced by the following: "A statement that the lessor cooperates with all
relevant special agents and authorized representatives to provide the identity
of customers who operate the rental commercial motor vehicles; and."
(C) The last sentence of paragraph (e)(2)(iv)
shall be deleted.
(10)
The following changes shall be made to 49 C.F.R. 390.23:
(A) In paragraphs (a), (a)(1)(i)(B), and
(a)(2)(i)(B), the phrase "Parts 390 through 399 of this chapter" shall be
deleted and replaced by " K.A.R. 82-4-3a, and K.A.R. 82-4-3f through K.A.R.
82-4-3m."
(B) In paragraph (b),
both instances of the phrase "parts 390 through 399 of this chapter" shall be
deleted and replaced by " K.A.R. 82-4-3a, and K.A.R. 82-4-3f through K.A.R.
82-4-3m."
(C) In paragraph (c), the
phrase "§§ 395.3(a) and (c) and 395.5(a) of this chapter" shall be
deleted and replaced by " 49 C.F.R. 395.3(a) and (c) and 49 C.F.R. 395.5(a), all
as adopted by K.A.R. 82-4-3a."
(11)
49 C.F.R. 390.27 shall be
deleted.
(12) The following
revisions shall be made to 49 C.F.R. 390.29(b):
(A) The phrase "of the Federal Motor Carrier
Safety Administration" shall be deleted.
(B) The word "Federal" appearing in the last
sentence shall be deleted and replaced with "government-declared."
(13) In 49 C.F.R. 390.33 and 49 C.F.R. 390.35, all references to "part 325 of subchapter A" shall be
deleted.
(14)
49 C.F.R. 390.37 shall be deleted.
(15) The
following revisions shall be made to 49 C.F.R. 390.38:
(A) In paragraph (a)(1), the phrase "49 CFR
part 365 or" shall be deleted.
(B)
In paragraph (a)(2), the phrase "49 CFR part 391" shall be deleted and replaced
with "49 C.F.R. part 391 as adopted by K.A.R. 82-4-3g."
(C) In paragraph (a)(3), the phrase "49 CFR
part 392" shall be deleted and replaced with "49 C.F.R. part 392 as adopted by
K.A.R. 82-4-3h."
(D) In paragraph
(a)(4), the phrase "49 CFR parts 393 and 396" shall be deleted and replaced
with "49 C.F.R. part 393 as adopted by K.A.R. 82-4-3i and 49 C.F.R. part 396 as
adopted by K.A.R. 82-4-3j."
(E) In
paragraph (a)(5), the phrase "49 CFR part 395" shall be deleted and replaced
with "49 C.F.R. part 395 as adopted by K.A.R. 82-4-3a."
(16) The following revisions shall be made to
49 C.F.R. 390.39:
(A) In paragraph (a)(1), the
phrase "49 CFR Part 383 or controlled substances and alcohol use and testing in
49 CFR Part 382" shall be deleted and replaced with "the Kansas uniform
commercial drivers' license act, found at K.S.A. 8-2,125 et seq. or controlled
substances and alcohol testing in 49 C.F.R. Part 382 as adopted by K.A.R.
82-4-3c."
(B) In paragraph (a)(2),
the phrase "49 CFR Part 391, Subpart E, Physical Qualifications and
Examinations" shall be deleted and replaced with " 49 C.F.R. 391.41 to 391.49 as
adopted by K.A.R. 82-4-3g."
(C) In
paragraph (a)(3), the phrase "49 CFR Part 395, Hours of Service of Drivers"
shall be deleted and replaced with "49 C.F.R. Part 395 as adopted by K.A.R.
82-4-3a."
(D) In paragraph (a)(4),
the phrase "49 CFR Part 396, Inspection, Repair, and Maintenance" shall be
deleted and replaced with "49 C.F.R. Part 396 as adopted by K.A.R.
82-4-3j."
(E) Paragraph (b) shall
be deleted.
(F) In paragraph (c),
the phrase "in §§383.3(d)(1), 383.3(e), 383.3(f), 391.2(a), 391.2(b),
391.2(c), 391.67, 395.1(e)(1), 395.1(e)(2), 395.1(h), 395.1(i), and 395.1(k) of
this chapter" shall be replaced by "contained in these rules and
regulations."
(17) The
following revisions shall be made to 49 C.F.R. 390.40T:
(A) In paragraph (c), the phrase "§
396.3(a)(1)" shall be deleted and replaced with " 49 C.F.R. 396.3(a)(1) as
adopted by K.A.R. 82-4-3j."
(B) In
paragraph (e), the phrase "§ 396.11 of this chapter" shall be deleted and
replaced with " 49 C.F.R. 396.11 as adopted by K.A.R. 82-4-3j."
(C) In paragraph (f), the phrase "§
396.3(b)(3) of this chapter" shall be deleted and replaced with " 49 C.F.R. 396.3(b)(3) as adopted by K.A.R. 82-4-3j."
(D) In paragraph (g), the phrase "§
396.17 of this chapter" shall be deleted and replaced with " 49 C.F.R. 396.17 as
adopted by K.A.R. 82-4-3j."
(E) In
paragraph (j), the phrase "as defined in § 386.72(b) (3) of this chapter"
shall be deleted and replaced with "as defined in K.A.R. 82-4-3o."
(18) The following revisions shall
be made to 49 C.F.R. 390.42:
(A) In paragraph
(a), the phrase "listed in §392.7(b) of this subchapter" shall be deleted
and replaced by "specified in K.A.R. 82-4-3h."
(B) In paragraph (b), the phrase "in §
396.11(b)(1) of this chapter" shall be deleted and replaced by " 49 C.F.R. 396.11(b)(1) as adopted by K.A.R. 82-4-3h."
(19) The following revisions shall be made to
49 C.F.R. 390.44:
(A) The following revisions
shall be made to paragraph (a):
(i) The phrase
"listed in §392.7(b) of this chapter" shall be deleted and replaced by
"listed in 49 C.F.R. 392.72(b), as adopted by K.A.R. 82-4-3h."
(ii) The phrase "pursuant to §392.7(b)"
shall be deleted and replaced by "listed in 49 C.F.R. 386.72(b), as adopted by
K.A.R. 82-4-3o."
(B) The
following revisions shall be made to paragraph (b):
(i) The phrase "listed in §392.7(b) of
this chapter" shall be deleted and replaced by "listed in 49 C.F.R. 386.72(b),
as adopted by K.A.R. 82-4-3o."
(ii)
The phrase "with §392.7(b)" shall be deleted and replaced by "with K.A.R.
82-4-3h."
(C) The
following revisions shall be made to paragraph (c):
(i) The term "FMCSA" shall be deleted and
replaced by "the commission."
(ii)
The phrase " 49 U.S.C. 31151 or the implementing regulations in this subchapter
regarding interchange of intermodal equipment by contacting the appropriate
FMCSA Field Office" shall be deleted and replaced by " K.A.R. 82-4-3a through
K.A.R. 82-4-3o and K.A.R. 82-420 by filing a written complaint with the
commission by: fax " 785-271-3124; email: transportation@kcc.ks.gov; or by mail
addressed to: 1500 SW Arrowhead Rd, Topeka, KS 66604-3124. The commission may
also be contacted by phone number: 785.271.3145, select option one."
(20)
49 C.F.R. 390.46 shall be deleted.
(21) 49 C.F.R.
Part 390, Subpart D shall be deleted.
(22) All sections marked "reserved" shall be
deleted.
(b) Section 8 of 49 C.F.R., Subtitle B, Chapter III, Subchapter B, Appendix F, as in effect on October 1, 2018, is hereby adopted by reference.
(c) As used in this regulation, each reference to a portion of 49 C.F.R. Part 390 shall mean that portion as adopted by reference in this regulation.
(d) As used in this regulation, the phrases "subpart B of this chapter" and "this subchapter" shall be replaced with "this subchapter as adopted by K.A.R. 82-4-3a and K.A.R. 82-4-3c through K.A.R. 82-4-3o."
(e) 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.
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