Agency 82, Article 4 — MOTOR CARRIERS

Safety fitness procedures. (a) With the following exceptions, 49 C.F.R. Part 385, as in effect on October 1, 2015, is hereby adopted by reference: (1) 49 C.F.R. 385.1(a) and (b) shall be deleted. (2) The following revisions shall be made to 49 C.F.R. 385.3: (A) In the definition …

(Authorized by and implementing K.S.A. 2003 Supp. 66-1,112, K.S.A. 66-1,112g, and K.S.A. 2003 Supp. 66-1,129, as amended by L. 2004, Ch. 152, § 7; effective, T-82-12-29-04, Dec. 29, 2004; effective April 29, 2005; revoked Oct. 2, 2009.)

General motor carrier safety regulations. (a) With the following exceptions, 49 C.F.R. Part 390, as in effect on October 1, 2015 and as amended by 81 fed. reg. 47720 (2016) and the portions of 82 fed. reg. 5318 (2017) pertaining to subpart E, is hereby adopted by reference: (1) T…

Qualifications of drivers. (a) With the following exceptions, 49 C.F.R. Part 391, as in effect on October 1, 2015 and as amended by 81 fed. reg. 47720 (2016), is hereby adopted by reference: (1) The following revisions shall be made to 49 C.F.R. 391.2: (A) In paragraph (c), the p…

Driving of commercial motor vehicles. (a) With the following exceptions, 49 C.F.R. Part 392, as in effect on October 1, 2015 and as amended by 81 fed. reg. 47721 (2016), 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…

” (vi) In the definition of “transportation of con- struction material and equipment,” the following text shall be deleted: “, except that a State, upon notice to the Administrator, may establish a differ- ent air mile radius limitation for purposes of this definition if such lim…

” (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.” (14) 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 substan…

Transportation of hazardous materials; driving and parking rules. (a) With the following exceptions, 49 C.F.R. Part 397, as in effect on October 1, 2015, is hereby adopted by reference: (1) In 49 C.F.R. 397.1(a), the phrase “§177.823 of this title” shall be deleted and replaced b…

Transportation of migrant work- ers. (a) With the following exceptions, 49 C.F.R. Part 398, as in effect on October 1, 2015, is hereby adopted by reference: (1) The following revisions shall be made to 49 C.F.R. 398.1: (A) The following revisions shall be made to 49 C.F.R. 398.1(…

Employee safety and health standards. (a)(1) With the following exceptions, 49 C.F.R. Part 399, as in effect on October 1, 2015, is hereby adopted by reference: (A) 49 C.F.R. 399.201 shall be deleted. 297 Motor Carriers of Persons and Property 82-4-3n (B) In 49 C.F.R. 399.205, th…

Minimum levels of financial re- sponsibility for motor carriers. (a) With the following exceptions, 49 C.F.R. Part 387, as in effect on October 1, 2015, is hereby adopted by reference: (1) The following revisions shall be made to 49 C.F.R. 387.3: (A) In paragraph (a), the phrase …

Imminent hazard. (a) With the following exceptions, 49 C.F.R. Part 386, Subpart F, as in effect on October 1, 2015, is hereby adopt- ed by reference: (1) 49 C.F.R. 386.71 shall be deleted. (2) The following revisions shall be made to 49 C.F.R. 386.72: (A) In paragraph (a), the fi…

(Authorized by K.S.A. 2009 Supp. 66-1,112, K.S.A. 66-1,112g; implementing K.S.A. 66-1,108, K.S.A. 2009 Supp. 66-1,112, K.S.A. 66- 1,112g; effective Jan. 1, 1971; amended May 1, 1981; amended Oct. 22, 2010; revoked July 26, 2019.)

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

Emergency and occasional equipment. (a) Holders of certificates, permits, and licenses who have motor vehicles registered with the commission and who have complied with all lawful requirements may in case of emergency be authorized by the commission by fax, internet communication…

(Authorized by and implementing K.S.A. 66-1,112; effective Jan. 1, 1971; amended May 1, 1981; revoked May 1, 1984.) 311 Motor Carriers of Persons and Property 82-4-50

(Authorized by K.S.A. 66-1,112 and 66-1,119; effective Jan. 1, 1971; revoked July 26, 2019.)

(Authorized by K.S.A. 66-1,112, 66- 1,116; effective Jan. 1, 1971; revoked May 1, 1981.)

(Authorized by K.S.A. 2001 Supp. 66-1,112; implementing K.S.A. 2001 Supp. 66- 123 and K.S.A. 2001 Supp. 66-1,112; effective Jan. 1, 1971; amended May 1, 1981; amended May 1, 1986; amended Jan. 4, 1999; amended Jan. 31, 2003; revoked July 26, 2019.)

Loss or damage to baggage. A common motor carrier’s liability in case of loss or damage to baggage while in the carrier’s posses- sion shall be determined in accordance with the provisions of the motor carrier’s tariff on file with the commission, provided, that the provisions ar…

Bills of lading and freight bills. (a) Each common motor carrier of household goods electing to be governed by K.A.R. 82-4- 48a, K.S.A. 66-304, and K.S.A. 84-7-101 through K.S.A. 84-7-603, and amendments thereto, shall issue a bill of lading for household goods tendered for intra…

(Authorized by and implementing K.S.A. 2012 Supp. 66-1,112, K.S.A. 66-1,112g; effective Jan. 4, 1999; amended Oct. 22, 2010; amended Sept. 20, 2013; revoked July 26, 2019.)

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

(Authorized by and implementing K.S.A. 1983 Supp. 66-1,112; effective May 1, 1981; amended May 1, 1984; revoked May 1, 1986.)

(Authorized by and implement- ing K.S.A. 1984 Supp. 66-1,112; effective May 1, 1986; revoked Jan. 31, 2003.)

(Authorized by and implementing K.S.A. 1997 Supp. 66-1,112; effective May 1, 1986; amended Jan. 4, 1999; revoked Jan. 31, 2003.)

(Authorized by and implement- ing K.S.A. 1984 Supp. 66-1,112; effective May 1, 1986; revoked Jan. 31, 2003.)

(Authorized by and implement- ing K.S.A. 1984 Supp. 66-1,112; effective May 1, 1986; revoked Jan. 31, 2003.)

Passenger carriers. (a) With the following exceptions, 49 C.F.R. Part 374, as in effect on October 1, 2015, is hereby adopted by reference: 312 CORPORATION COMMISSION 82-4-51 (1) Each occurrence of the phrase “49 U.S.C. subtitle IV, part B” shall be deleted and replaced by “commi…

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

(Authorized by K.S.A. 66-1,112, 66-1,112a, 66-1,112f; implementing K.S.A. 66- 1,112f; effective Jan. 1, 1971; amended May 1, 1981; revoked May 1, 1983.) COMMON CARRIER TAFIFFS

Common motor carrier rates and charges. (a) Common motor carriers of household goods or passengers that are engaged in intrastate commerce in Kansas shall maintain on file with the commission a copy of the tariff publications applicable to their lines between points in Kansas. Th…

Tariff publication to become effective on less than 30-day notice. (a) De- parture from the commission’s requirement in K.A.R. 82-4-53(b) that tariff publications become effective on 30-day notice may be permitted by the commission, if good and sufficient cause is shown to convin…

Procedure for filing a request for postponement of tariff publications. (a) Each protested tariff publication sought to be postponed shall be identified by making reference to the name of the publishing carrier or agent, to the motor carrier’s K.C.C. tariff number, and to the spe…

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

Household goods and passen- ger carrier tariffs. (a) Each tariff shall be type- written, printed, or reproduced by other similar, durable process, upon paper of good quality, 8 by 11 or 8½ by 11 inches in size. (b) The title page shall show the following in- formation: (1) In the…

Powers of attorney and concur- rences. (a) A household goods or passenger carri- er wanting to give a power of attorney to an agent to issue and file tariffs and supplements for the carrier shall file notice of this intention on a form approved by the commission. (b) If a househo…

Suspension or modification of tariff regulations. Upon written application and a showing of good cause, common carrier tariff regu- lations may be suspended or modified by the com- mission to cover unusual instances. (Authorized by K.S.A. 2009 Supp. 66-1,112; implementing K.S.A. …

(Authorized by K.S.A. 1983 Supp. 66-1,112; implementing K.S.A. 66-117; effective May 1, 1984; revoked Jan. 4, 1999.)

(Authorized by K.S.A. 1983 Supp. 66-1,112; implementing K.S.A. 66-117; effective May 1, 1984; revoked Jan. 4, 1999.)

(Authorized by K.S.A. 1983 Supp. 66-1,112; implementing K.S.A. 66-117; effective May 1, 1984; revoked Jan. 4, 1999.)

(Authorized by and implementing K.S.A. 1997 Supp. 66-1,112; effective May 1, 1987; amended Jan. 4, 1999; revoked July 26, 2019.) RULES APPLICABLE ONLY TO CONTRACT CARRIERS

(Authorized by K.S.A. 66-1,112a; implementing K.S.A. 66-1,112e, 66-1,112f; effec- tive Jan. 1, 1971; amended May 1, 1981; revoked Jan. 4, 1999.)

(Authorized by K.S.A. 66-1,129; effective Jan. 1, 1971; amended Jan. 1, 1972; amended, E-79-23, Sept. 21, 1978; amended May 1, 1979; revoked May 1, 1981.)

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

(Authorized by K.S.A. 66-1,112a; implementing K.S.A. 66-1,112e, 66-1,112f; effec- tive Jan. 1, 1971; modified, L. 1981, ch. 424, May 1, 1981; revoked May 1, 1983.) 315 Motor Carriers of Persons and Property 82-4-68

(Authorized by K.S.A. 1997 Supp. 66-1,112; effective Jan. 1, 1971; amended Jan. 4, 1999; revoked Oct. 22, 2010.) RULES APPLICABLE TO COMMON CARRIERS AND CONTRACT CARRIERS

Contested and uncontested motor carrier hearings. An application for a common carrier certificate of convenience and necessity or a certificate of public service shall be considered as contested if either protestants or in- tervenors, or both, appear at the hearing held on the ap…

(Authorized by K.S.A. 66-108, 66- 1,112, 66-1,112a; implementing K.S.A. 66-108, 66-1,118; effective Jan. 1, 1971; amended May 1, 1981; revoked Jan. 4, 1999.)

Protestants. Each protest against the granting of a permit, certificate, extension, or transfer shall be considered as follows: (a) Any interested person who believes that the public will be adversely affected by a proposed application may file a written protest. The protest shal…