Agency 82, Article 4 — MOTOR CARRIERS

Definitions. The following terms used in connection with the regulations of the state corporation commission governing motor carriers shall be defined as follows: (a) “Affiliate” means a person or company con- trolling, controlled by, or under common control or ownership with ano…

(Authorized by and implementing K.S.A. 66-1,129; effective Jan. 1, 1971; modified, L. 1981, ch. 424, May 1, 1981; revoked May 1, 1984.)

(Authorized by and implementing K.S.A. 66-1,129; effective Jan. 1, 1971; amended May 1, 1981; revoked May 1, 1984.)

(Authorized by and implementing K.S.A. 66-1,129; effective Jan. 1, 1971; modified, L. 1981, ch. 424, May 1, 1981; revoked May 1, 1984.) 82-4-15 and 82-4-16. (Authorized by and implementing K.S.A. 66-1,129; effective Jan. 1, 1971; amended May 1, 1981; revoked May 1, 1984.)

(Authorized by and implementing K.S.A. 66-1,129; effective Jan. 1, 1971; amended May 1, 1981; revoked May 1, 1985.)

(Authorized by K.S.A. 66-1,129; ef- fective Jan. 1, 1971; revoked May 1, 1981.)

(Authorized by and implementing K.S.A. 66-1,129; effective Jan. 1, 1971; amended May 1, 1981; revoked May 1, 1985.)

(Authorized by and implement- ing K.S.A. 1984 Supp. 66-1,129, as amended by L. 1985, Ch. 227, Sec. 1; effective May 1, 1986; revoked Sept. 16, 1991.) 302 CORPORATION COMMISSION 82-4-20

General duty of carrier. (a) Each motor carrier shall instruct its officers, agents, em- ployees,andrepresentativestocomplywithallthe regulations of the commission. 275 Motor Carriers of Persons and Property 82-4-3a (b) Each motor carrier and its officers, agents, employees, and …

Transportation of hazardous ma- terials by motor vehicles. (a) The federal regu- lations adopted by reference in this regulation shall govern the transportation of hazardous materials in Kansas in commerce to the extent that the regu- lations pertain to the transportation of haza…

Requiring insurance. The follow- ing types of carriers shall not operate a motor ve- hicle, trailer, or semitrailer for the transportation of persons or property within the provisions of the motor carrier law of this state until an insurance policy is filed in compliance with K.S…

Intrastate insurance require- ments. (a)(1) Before the commission issues a certificate, permit, or license to an applicant, the following types of applicant carriers shall obtain and keep in force a public liability and property damage insurance policy pursuant to K.S.A. 66- 1,12…

General intrastate require- ments. (a) Each insurance policy shall be writ- ten in the full and correct name of the individual, partnership, limited liability partnership, limited liability company, or corporation to whom the cer- tificate, permit, or license has been issued, and…

(Authorized by K.S.A. 66-1,128; ef- fective Jan. 1, 1971; revoked May 1, 1981.)

Standard insurance forms. (a) Each motor carrier shall use the uniform standard insurance forms established under 49 C.F.R. Part 387, as adopted by K.A.R. 82-4-3n. (b) The uniform motor carrier bodily injury and property damage liability certificate of insurance shall be form E f…

(Authorized by K.S.A. 66-1,128; ef- fective Jan. 1, 1971; revoked May 1, 1981.)

Endorsements. There shall be attached to all insurance policies filed with and approved by the commission an endorsement of the policy on a form specified by the commission. The uniform motor carrier bodily injury and property damage liability insurance endorsement shall be form …

General requirements for cer- tificates, permits, and licenses. (a) Except as otherwise specifically requested by the commis- sion or its staff, each application for a certificate, permit, or license by a partnership shall be accom- panied by a copy of the articles of partnership…

Certain private motor carriers exempt from obtaining commission authori- ty. (a) A private motor carrier engaged in the oc- casional transportation of personal property that is not for compensation and is not in the furtherance of a commercial enterprise shall not be required to …

Applications for certificates of convenience and necessity and certificates of public service. (a) Each application for a certifi- cate of convenience and necessity or a certificate of public service shall be typewritten or printed on forms furnished by the commission. An origi- …

Applications for transfer of certificates of convenience and necessity and certificates of public service. (a) A certificate of convenience and necessity or a certificate of pub- lic service issued to common motor carriers un- der the provisions of K.S.A. 66-1,114 and K.S.A. 66-1…

(Authorized by K.S.A. 1982 Supp. 66-1,112; implementing K.S.A. 66-1,117, K.S.A. 1982 Supp. 66-1,112, 66-1,114; effective May 1, 1983; revoked May 1, 1985.)

Applications for transfer for purposes of change in the form of a business organization. (a) An application to transfer a certificate of convenience and necessity or a cer- tificate of public service issued to a common mo- tor carrier shall be considered by the commission without…

(Authorized by K.S.A. 1983 Supp. 66-1,112, K.S.A. 66-1,112a, K.S.A. 66-1,117; im- plementing K.S.A. 1983 Supp. 66-1,112, K.S.A. 66-1,112a, K.S.A. 1983 Supp. 66-1,114 and K.S.A. 66-1,115; effective May 1, 1985; revoked May 1, 1986.)

Application to merge or con- solidate intrastate common authority; ap- plication to acquire control or management of an intrastate common motor carrier op- eration. (a) All individuals, partnerships, limited liability companies, limited liability partnerships, and corporations wh…

(Authorized by K.S.A. 1997 Supp. 66-1,112, K.S.A. 66-1,112a, K.S.A. 66-1,117; im- plementing K.S.A. 1997 Supp. 66-1,112, K.S.A. 66-1,112a, K.S.A. 66-1,114, and 66-1,115; effec- tive May 1, 1986; amended May 1, 1987; amended Oct. 3, 1994; amended Jan. 4, 1999; revoked July 14, 200…

Applications for transfer for purposes of name change of a motor car- rier. (a) Any application to transfer a certificate of convenience and necessity or a certificate of public service because of a name change of an entity holding a certificate or permit shall be considered by t…

(Authorized by K.S.A. 2001 Supp. 66-1,112a, 66-1,117; implementing K.S.A. 2001 Supp. 66-1,112b, 66-1,115, 66-1,117, and 66- 1,139; effective Jan. 1, 1971; amended May 1, 1981; amended Oct. 3, 1994; amended Jan. 4, 1999; amended Jan. 31, 2003; revoked Oct. 22, 2010.)

(Authorized by K.S.A. 2001 Supp. 66-1,112a, 66-1,117; implementing K.S.A. 66- 1,112c, K.S.A. 2001 Supp. 66-1,117; effective May 1, 1981; amended Jan. 4, 1999; amended Jan. 31, 2003; revoked Oct. 22, 2010.)

(Authorized by and implement- ing K.S.A. 1997 Supp. 66-1,112; effective May 1, 1983; amended Jan. 4, 1999; revoked Oct. 22, 2010.)

Applications for private carrier permits. Each application for a private carrier permit shall be submitted on forms furnished by the commission and shall contain the following: (a) The name, street address, and mailing address of the applicant, and the title under which the ap- p…

Application for authorization of joint registration of equipment. (a) Each application for authorization of joint registration of equipmentshallbetypewrittenorprintedonforms furnished by the commission. An original and two copies shall be filed and shall contain the following: (1…

Authority of agents, employ- ees, or representatives authorized by com- mission. The special agents, agents, employees, or representatives authorized by the commission shall have the authority to perform the following: (a) Examine motor carrier equipment operating on the highways…

Exemption from the motor carri- er safety regulations. The commission’s safety regulations and the federal safety regulations ad- opted by reference in this article shall not apply to the following: (a) The occasional transportation of personal property by private motor carriers …

(Authorized by K.S.A. 66-1,112; ef- fective Jan. 1, 1971; revoked May 1, 1981.)

Applications for interstate reg- istration. (a)(1) For the purposes of this regula- tion, ‘‘base state’’ shall have one of the following meanings: (A) The meaning assigned to ‘‘base-state’’ in 49 U.S.C. 14504a(a)(2), as adopted in paragraph (a) (2) of this regulation; or (B) if a…

(Authorized by K.S.A. 1984 Supp. 66-1333; implementing K.S.A. 1984 Supp. 66- 1329, 66-1330, 66-1331, 66-1332, 66-1334; ef- 309 Motor Carriers of Persons and Property 82-4-35a fective, T-85-48, Dec. 19, 1984; effective May 1, 1985; revoked Jan. 4, 1999.)

(Authorized by K.S.A. 1999 Supp. 66-1,112 and 66-1,112a; implementing K.S.A. 1999 Supp. 66-1,112, 66-1,112a, and 66-1a01; effective Jan. 1, 1971; amended May 1, 1981; amended May 1, 1984; amended Oct. 3, 1994; amended Jan. 4, 1999; amended July 14, 2000; re- voked Oct. 22, 2010.)

Completing motor carrier ap- plications. (a) Each applicant filing an applica- tion for an intrastate common carrier certificate, interstate license, or private carrier permit shall provide the commission with all information re- quired to complete the application within 30 days …

Service of process. (a) An appli- cant for a certificate, permit, or license who is not a resident of Kansas shall not be granted a certif- icate, permit, or license until the applicant des- ignates an agent who is a resident of the state of Kansas to be a process agent for and o…

(Authorized by K.S.A. 66-1,112, 66-1,112a, 66-1,112g; implementing K.S.A. 66- 1,112, 66-1,112a, 66-1,112g; effective Jan. 1, 1971; amended May 1, 1981; revoked May 10, 1993.)

Preserving certificates or per- mits. (a) All intrastate motor carriers and drivers of vehicles registered under certificates or permits shall, at all times, carry on every vehicle operated under the certificate or permit an authority card, issued by the commission, that specifie…

Inspections of motor carrier documents. The following documents shall be made available upon request for inspection by any duly authorized representative of the commission, the state highway patrol, or other law enforce- ment officers: (a) Registration receipts; (b) authority car…

(Authorized by K.S.A. 66-1,112, 66-1,112a, 66-1,112f, 66-1,112g; implementing K.S.A. 66-123, 66-1,112g; effective Jan. 1, 1971; amended May 1, 1981; revoked May 1, 1984.)

(Authorized by K.S.A. 1999 Supp. 66-1,112, 66-1,112a, K.S.A. 66-1,112g; imple- menting K.S.A. 1999 Supp. 66-1,112, 66-1,112a, K.S.A. 66-1,112g, K.S.A. 1999 Supp. 66-1,139; effective Jan. 1, 1971; amended May 1, 1981; amended May 10, 1993; amended Oct. 3, 1994; amended Jan. 4, 199…

(Authorized by K.S.A. 66-1,112, K.S.A.66-1,112a,K.S.A.66-1,112g,K.S.A.66-1333; implementing K.S.A. 66-1,129 as amended by L. 1988,ch.356,§242,K.S.A.66-1,139asamendedby L. 1989, ch. 208, §1, K.S.A. 66-1329; effective Jan. 1, 1971; amended May 1, 1981; amended, T-85-48, Dec. 19, 19…

Surrender of identification cards. (a) If operations are abandoned under any certificate, permit, or license or upon cancel- lation or revocation of any certificate, permit, or license by the commission, all identification cards, authority cards, and registration receipts issued …

Hours of service. (a)(1) With the following exceptions, 49 C.F.R. Part 395, as in ef- fect on October 1, 2019 and as amended by 85 fed. reg. 33451-33452 (2020), excluding appendix A to subpart B, is hereby adopted by reference: (A) The following revisions shall be made to 49 C.F.…

Procedures for transportation workplace drug and alcohol testing pro- grams. (a)(1) With the exceptions specified in this subsection, 49 C.F.R. Part 40, as in effect on October 1, 2015, is hereby adopted by reference. (2) The following revisions shall be made to 49 C.F.R. 40.3: (…

Testing for controlled substanc- es and alcohol use. (a) With the following excep- 279 Motor Carriers of Persons and Property 82-4-3c tions, 49 C.F.R. Part 382, as in effect on October 1, 2015, is hereby adopted by reference: (1) The following revisions shall be made to 49 C.F.R.…