Agency 82, Article 4 — MOTOR CARRIERS

(Authorized by and implement- ing K.S.A. 1982 Supp. 66-1,112; effective Jan. 1, 1971; amended May 1, 1981; amended May 1, 1983; revoked July 26, 2019.)

(Authorized by and implementing K.S.A. 66-1,112; effective Jan. 1, 1971; amended May 1, 1981; revoked Jan. 4, 1999.) COLLECTIVE RATES

Collective rate-making agree- ments. (a) Motor carriers of household goods and passengers may enter into an agreement with one or more of these carriers concerning rates, allow- ances, classifications, divisions, or rules related to them or procedures for joint consideration, ini…

(y) “Out-of-service” and “OOS,” when used to describe a driver, a commercial motor vehicle, or a motor carrier operation, mean that the driver, commercial motor vehicle, or motor carrier has ceased to operate or move pursuant to the statutes and regulations of the state of Kansas…

Minimum requirements of driv- ers. Each motor carrier and driver shall comply with the following: (a) The motor carrier regulations established by the federal department of transportation and the federal motor carrier safety administration (FMCSA), as adopted by the commission in…

(Authorized by and implementing K.S.A. 66-1,129; effective May 1, 1981; revoked Sept. 16, 1991.)

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

Waiver of physical requirements. (a) Any person failing to meet the requirements of K.A.R. 82-4-3g may be permitted to drive a vehi- cle if the director finds that the granting of a waiv- er is consistent with highway safety and the public interest. (b) The application for a waiv…

(Authorized by K.S.A. 1979 Supp. 66-1,129; implementing K.S.A. 1979 Supp. 66- 1,129; effective May 1, 1981; rejected, L. 1981, ch. 424, July 1, 1981.)

(Authorized by K.S.A. 66-1,129; ef- fective Jan. 1, 1971; amended Jan. 1, 1972; re- voked May 1, 1981.)

Record keeping responsibil- ities. The organization shall maintain records and minutes of all acts pertaining to joint con- sideration, initiation and establishment of tariff publications and shall submit written reports to the commission on these activities as the com- mission f…

Charges for services. The or- ganization shall, in the agreement, provide the commission with a basic schedule of its tariff par- ticipation fees applicable to parties to the agree- ment. If expenses are divided among parties to the agreement, the organization shall provide a sta…

Open meetings. (a) An organiza- tion shall admit any person to any meeting at which rates or rules will be discussed or voted upon. 317 Motor Carriers of Persons and Property 82-4-77 (b) Upon written request, the organization shall divulge to any person the name of the pro- ponen…

Quorum standard. (a) At any meeting of carriers party to the agreement or car- rier committees at which rates, rules or classifica- tions are discussed or considered, 30 percent of the carriers party to the agreement or 50 percent of the committee shall constitute a quorum. The q…

Voting on rate proposals. The organization shall allow any participating mem- ber carrier to discuss any rate proposal docketed. Only those carriers with authority to participate in the transportation to which the rate proposal applies shall vote upon the rate proposal. (Autho- r…

Proxy voting. (a) The organization shall not allow a carrier to vote for one or more other carriers without specific written authority from the carrier being represented. (b) While any member carrier may discuss any collectively established rate proposals docketed, only carriers …

Notification and consideration of rate proposals. General rate increases or de- creases, joint rates, changes in commodity classifi- cation, changes in tariff structures and publishing of tariffs may be discussed and voted on at any meeting only if: (a) Shippers receive detailed …

Right of independent action. (a) An organization shall not interfere with each of that organization’s carrier’s right to independent action. That organization shall not change or can- cel any rate established by independent action other than a general increase or broad rate re- s…

Docketing of independent ac- tion. (a) Proponents of independent actions shall have the absolute right to decide whether or when organizations will docket these actions. (b) The organization shall comply with the in- structions of the proponent of an independent action with regar…

Organization employee limita- tions. (a) Employees and employee committees of the organization shall not initiate a proposal nor determine whether to adopt, reject, or otherwise dispose of a proposal effecting a change in any tariff item published by or for the account of any mem…

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

(Authorized by and implementing K.S.A. 66-1,129; modified, L. 1981, ch. 424, May 1, 1981; modified, L. 1983, ch. 357, May 1, 1983; revoked May 1, 1984.) 82-4-7c to 82-4-7f. (Authorized by and implementing K.S.A. 66-1,129; effective May 1, 1981; revoked May 1, 1984.)

(Authorized by and implementing K.S.A. 66-1,112, 66-1,112a, 66-1,112g; effective May 1, 1981; revoked May 1, 1984.) 82-4-7h and 82-4-7i. (Authorized by and implementing K.S.A. 66-1,129; effective May 1, 1981; revoked May 1, 1984.)

(Authorized by K.S.A. 66-1,129; ef- fective Jan. 1, 1971; amended Jan. 1, 1972; re- voked May 1, 1981.)

Final disposition of dockets. The organization shall make a final disposition of a rule or rate docketed with it by the 120th day after the proposal is docketed. However, if unusual circum- stances require, the organization may extend that period, subject to review by the commiss…

Organization protest.Theorgani- zation shall not file a protest or complaint with the commission against any tariff item published by or for the account of any motor carrier of property or passengers. (Authorized by and implementing K.S.A. 1982 Supp. 66-1,112; effective, T-83-45,…

Burden of proof of violations and effects of violations. In any proceeding in which a party alleges that a carrier voted, dis- cussed, or agreed on a rate or allowance in vio- lation of collective ratemaking regulations of the commission, that party shall have the burden of showi…

Commission review of collective rate making agreements. The commission shall review each collective rate making agreement ap- proved under these rules at least once every three years to determine whether the agreement or an organization established or continued under an approved …

Revoking collective rate making agreements. Upon proper notice and hearing, and a finding that the collective rate making pro- cedures are not being followed, the commission may revoke its approval or order corrections to the activities and procedures of persons, groups, agencies…

Rate applications filed by carri- ers party to a collective rate-making agree- ment.(a)Eachcarrierthatisapartytoacollective rate-making agreement and files an application proposing a general increase or decrease in rates shall submit with the application schedules indi- cating to…

(Authorized by K.S.A. 1983 Supp. 66-1,112 and K.S.A. 1984 Supp. 66-1313a; imple- menting K.S.A. 1984 Supp. 66-1313a; effective, T-85-48, Dec. 19, 1984; effective May 1, 1985; re- voked July 26, 2019.)

(Authorized by and implement- ing K.S.A. 2012 Supp. 66-1,129, as amended by L. 2013, ch. 14, sec. 3; effective May 1, 1981; amended May 1, 1984; amended April 30, 1990; amended May 10, 1993; amended July 14, 2000; amended Nov. 14, 2011; amended Sept. 20, 2013; revoked May 6, 2016…

Marking of commercial motor vehicles. On and after January 1, 2001, each Kansas-basedmotorcarriershallobtainaUSDOT number that meets the requirements for the mo- tor carrier identification report and markings of commercial motor vehicles established under 49 C.F.R. 390.21, as ado…