Kansas Administrative Regulations
Agency 82 - KANSAS CORPORATION COMMISSION
Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY
Section 82-4-3h - Driving of commercial motor vehicles
Universal Citation: KS Admin Regs 82-4-3h
Current through Register Vol. 43, No. 12, March 20, 2024
(a) With the following exceptions, 49 C.F.R. Part 392, as in effect on October 1, 2018, is hereby adopted by reference:
(1) In 49 C.F.R. 392.1(b), 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."
(2) In 49 C.F.R. 392.2, the words
"jurisdiction in which it is being operated" shall be deleted and replaced by
"state of Kansas."
(3) The
following changes shall be made to 49 C.F.R. 392.4:
(A) In paragraph (a)(1), the phrase "as
adopted by reference in K.A.R. 82-4-3c " shall be added after "Schedule
I."
(B) In paragraph (c)
of 49 C.F.R. 392.4, the phrase "§ 382.107 of this subchapter" shall be
deleted and replaced by " 49 C.F.R. 382.107, as adopted by K.A.R.
82-4-3c."
(4)
49 C.F.R. 392.5 shall be revised as follows:
(A) In
paragraph (a)(1), the phrase "§ 382.107 of this subchapter" shall be
deleted and replaced by " 49 C.F.R. 382.107, as adopted by K.A.R.
82-4-3c."
(B) In paragraph (a)(3),
the phrase "as in effect as of July 1, 2008" shall be added after the phrase
" 26 U.S.C. 5052(a)."
(C) In
paragraph (a)(3), the phrase "section 5002(a) (8), of such Code" shall be
deleted and replaced by " 26 U.S.C. 5002(a)(8), as in effect as of July 1,
2008."
(D) In paragraph (d)(2), a
period shall be placed after the phrase "affirmation of the order"; the
remainder of the paragraph shall be deleted.
(E) Paragraph (e) shall be deleted and
replaced by the following: "(e) Any driver who is subject to an out-of-ser-vice
order may petition for reconsideration of that order in accordance with K.A.R.
82-1-235 and file a subsequent petition for judicial review that conforms with
the provisions of the Kansas Judicial Review Act, found at K.S.A. 77-601 et
seq."
(5) In 49 C.F.R. 392.8, the phrase "§ 393.95 of this subchapter" shall be deleted and
replaced by " 49 C.F.R. 393.95, as adopted by K.A.R. 82-4-3i."
(6) In 49 C.F.R. 392.9(a)(1), the phrase
"§§ 393.100 through 393.136 of this subchapter" shall be deleted and
replaced by " 49 C.F.R. 393.100 through 393.136, as adopted by K.A.R.
82-4-3i."
(7) The following
revisions shall be made to 49 C.F.R. 392.9a:
(A) In paragraph (b), the last sentence shall
be deleted.
(B) In paragraph (c),
the phrase "in accordance with 5 U.S.C. 554 not later than 10 days after
issuance of such order" shall be deleted and replaced with "by filing a
Petition for Reconsideration pursuant to K.A.R. 82-1-235 and filing a
subsequent petition for judicial review that conforms with the provisions of
the Kansas Judicial Review Act, found at K.S.A. 77-601 et seq."
(8) In 49 C.F.R. 392.9b, the
phrase " 49 U.S.C. 521 " in paragraph (b) shall be deleted and replaced by
"Kansas law."
(9)
49 C.F.R. 392.10 shall be revised as follows:
(A) In paragraphs
(a)(3) and (4), "U.S." shall be inserted before "Department of
Transportation."
(B) In paragraph
(a)(5), the phrase "§ 173.120 of this title" shall be deleted and replaced
by " 49 C.F.R. 173.120, as adopted by K.A.R. 82-4-20."
(C) In paragraph (a)(6), the phrase "subpart
B of part 107 of this title" shall be deleted and replaced by "49 C.F.R. part
107 as adopted by K.A.R. 82-4-20."
(D) In paragraph (b)(1), the phrase "§
390.5 of this chapter" shall be deleted and replaced by " 49 C.F.R. 390.5, as
adopted by K.A.R. 82-4-3f."
(10) The phrase "§ 393.95 of this
subchapter" in 49 C.F.R. 392.2 2(b) shall be deleted and replaced by " 49 C.F.R. 393.95, as adopted by K.A.R. 82-4-3i."
(11) In 49 C.F.R. 392.33(a), the phrase
"subpart B of part 393 of this title" shall be deleted and replaced by " 49 C.F.R. 393.9 to 393.33, as adopted by K.A.R. 82-4-3i."
(12) The following changes shall be made to
49 C.F.R. 392.51:
(A) In the introductory
paragraph, the phrase "as adopted by K.A.R. 82-4-20 " shall be added after "see
49 CFR 171.8."
(B) In 49 C.F.R. 392.51(b), the phrase "as adopted by K.A.R. 82-4-20 " shall be inserted after
the phrase "Parts 171, 172, 173, and 178."
(13)
49 C.F.R. 392.62 shall be revised as
follows:
(A) In paragraph (a), the phrase
"§ 393.90 of this subchapter" shall be deleted and replaced by " 49 C.F.R. 393.90, as adopted by K.A.R. 82-4-3i."
(B) In paragraph (b), the phrase "§
393.91 of this subchapter" shall be deleted and replaced by " 49 C.F.R. 393.91,
as adopted by K.A.R. 82-4-3i."
(14) In 49 C.F.R. 392.80(c), the phrase "as
adopted by K.A.R. 82-4-3f " shall be inserted after the phrase " 49 C.F.R. 390.5."
(15) All sections labeled
"reserved" shall be deleted.
(b) As used in this regulation, each reference to a portion of 49 C.F.R. Part 392 shall mean that portion as adopted by reference in this regulation.
(c) 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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