Kansas Administrative Code

(Authorized by K.S.A. 8-1746; ef- fective May 1, 1976; revoked May 1, 1983.) GRADE CROSSINGS

Railroad grade crossings; stop- ping required. (a) K.S.A. 8-1553 requires that the drivers of certain types of motor vehicles, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of suc…

Unzoned industrial area. (1) For the purposes of this act an unzoned industrial area shall mean the land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within 1,000 feet thereof which is, (a) Located on th…

Junkyards expanded. Any junk- yard which is altered, changed or enlarged after May 4, 1967, so as not to conform to the junk- yard and salvage control act, and is not made to conform to the act by its owner, shall constitute a public and private nuisance and shall be subject to a…

(Authorized by K.S.A. 68-2212, implementing K.S.A. 1986 Supp. 68-2213; as amended by L. 1987, Ch. 263, Sec. 3; effective Jan. 1, 1972; amended May 1, 1978; amended May 1, 1988; revoked March 7, 1994.)

Zoning policy. Local govern- ment zoning ordinances or regulations affecting a salvage storage location shall not be abrogated or overruled by actions of the beautification adminis- trator. Any owner with a storage location that was in existence prior to the passing of an ordinan…

Determination of whether fail- ure to make original or renewal application for a certificate of compliance or to pay annu- al certification fee was intentional. When any person fails to make an original or renewal appli- cation for a certificate of compliance or to pay the annual…

Locations under same certif- icate of compliance. One application and one certificate of compliance may be approved by the beautification administrator for salvage storage locations within the same county and under iden- tical ownership if all locations are identified on the appl…

Transfers of ownership of cer- tified locations. When a transfer occurs in the ownership of a certified salvage storage location, the following will be required: (a) If a transfer in ownership does not constitute a change in the entire ownership, the owner or owners shall apply f…

Persons exempt from junkyard certificate of compliance. Any person stor- ing materials or equipment on property, located within 1,000 feet of the right-of-way of any public road, shall be exempt from obtaining a certificate of compliance if the materials or equipment are included…

(AuthorizedbyK.S.A.1975Supp.68- 2212; effective Jan. 1, 1972; revoked May 1, 1978.)

Authority of the beautification administrator. The beautification administra- tor of the department of transportation shall be the designated representative of the secretary of transportation for purposes of administering the provisions of the junkyard and salvage control act. (A…

Inspection required for issuance of a certificate of compliance for junkyards created after May 4, 1967. (a) Before approval of any application for a certificate of compliance for junkyards created after May 4, 1967, a physical inspection of the junkyard location shall be made by…

Provisional certificates of com- pliance; junkyards created after May 4, 1967. Upon written notice from the beautification ad- ministrator to the owner or operator of a junk- yard created after May 4, 1967 of the screening required, a provisional certificate of compliance may be …

Periodic inspection of junkyard locations. Periodic inspections of certified junk- yards shall be made by the designated representa- tives of the beautification administrator to insure that they are being operated and maintained in accordance with the rules and regulations of the…

Types of screening approved. Ei- ther artificial or natural screening may be used to conceal a junkyard from the view of motorists trav- eling on the road. All screening shall be of a type approved by the beautification administrator. The screening shall be serviceable as well as…

Service brakes, second towed ve- hicles. When a combination of three (3) vehicles are connected by means of a tow bar mechanism, the second towed vehicle of the combination shall be equipped with service brakes acting on at least one (1) axle and shall be compatible to the equip-…

Relocation and moving assis- tance. Employees of the department who are transferred or relocated shall be reimbursed for moving expenses in accordance with the provi- 240 DEPARTMENT OF TRANSPORTATION 36-30-1 sions and procedures established by the secretary of administration and …

Driveway permits. Individuals de- siring to construct or alter a driveway onto the state 224 DEPARTMENT OF TRANSPORTATION 36-4-1 highwaysystemshallberequiredtoobtainapermit from the Kansas department of transportation. Un- der no circumstances shall an individual be permit- tedto…

Definitions. All definitions of terms relevant to this article shall be those which are set forth in the standard specifications for state road and bridge construction, 1980 edition, in subsections 101.01 through 101.77 inclusive, which are adopted by reference. (Authorized by an…

Bidding requirements and con- ditions. The rules and regulations set forth in the standard specifications for state road and bridge construction, 1980 edition, subsections 102.01 through 102.17 inclusive, shall govern the bidding procedure for contracts let by the secretary, and …

Qualification of bidders. (a) A prequalification committee composed of the di- rector of operations, the bureau chief of construc- tion and maintenance, and the controller shall de- termine the qualification rating for all prospective bidders, in accordance with the special provi…

Sworn statement of bidders. (a) A sworn statement shall be executed by ev- ery bidder, or an agent of the bidder, on behalf of each person, firm, association or corporation submitting a proposal, certifying that the person, firm, association or corporation has not, either di- rec…

(Authorized by and implementing K.S.A. 68-410, K.S.A. 1982 Supp. 68-404; effec- tive May 1, 1983; revoked, T-85-3, Jan. 13, 1984; revoked May 1, 1985.)

Award and execution of con- tracts. (a) The rules and regulations set forth in the standard specifications for state road and bridge construction, 1980 edition, subsections 241 Debarment and Suspension of Contractors 36-31-2 103.01 through 103.07 inclusive, shall govern the award…

Authority of secretary. (a) A con- tract may be awarded by the secretary when only one bid is received for a project or projects, pro- vided the bid is deemed reasonable and the con- tractor is deemed reliable by the secretary. (b) This article shall not be construed to limit the…

Definitions. (a) “Adequate ev- idence” means evidence sufficient to form the reasonable belief that a particular act or omission occurred. In addition, a conviction, judgment, or an admission regarding the causes in K.A.R. 36- 31-2(a) shall constitute adequate evidence. (b) “Admi…

Debarment. (a) Cause. The secre- tary may impose debarment upon a contractor for any of the causes listed below: (1) Conviction, judgment, or admission of: (A) fraud, collusion, or any criminal offense in connection with obtaining, attempting to obtain, or performing a contract l…

Suspension. (a) Cause. The secre- tary may impose suspension on a contractor when: (1) adequate evidence exists so as to raise a rea- sonable suspicion that any of the causes set forth in K.A.R. 36-31-2(a) are present; and (2) the decision of the secretary is in the best interest…

Effect on current contracts. (a) The secretary may continue contracts or subcon- tracts in existence at the time a contractor is de- barred or suspended. A decision as to termination by the secretary shall be made only after review of all the facts and circumstances surrounding t…

List. The secretary shall maintain a list of all persons, partnerships, corporations, or associations who have been debarred or suspend- ed in accordance with the procedures prescribed in this article. This list shall be made available for public inspection. (Authorized by K.S.A.…

Contract authority. This article shall not be construed to limit the authority of the secretary to contract or refrain from contracting within the discretion given to the secretary by 244 DEPARTMENT OF TRANSPORTATION 36-32-1 law. (Authorized by K.S.A. 68-410, K.S.A. 1982 Supp. 68…

Definitions. (a) “Authorized repre- sentative or officer” means any individual person empowered by an organization or group to enter into contract or agreements on behalf of such or- ganization or group. (b) “Civic or service organization” means any private non-profit organizatio…

Use of roadside facilities. (a) Roadside facilities which are adjacent to Kansas roads shall be available to the traveling public for rest, relaxation and historical information. (b) The following restrictions shall apply to the use of any roadside facility maintained by the de- …

(AuthorizedbyK.S.A.68-402,K.S.A. 1982 Supp. 68-404; implementing K.S.A. 8-1909a; effective May 1, 1983; revoked May 1, 1984.)

(Authorized by and implementing K.S.A. 8-1344; effective May 1, 1983; amended May 1, 1984; revoked Oct. 13, 2000.) COMBINE HEADERS

(Authorized by and implementing K.S.A. 8-1902; effective May 1, 1983; revoked Aug. 15, 1997.) VEHICLES AND LOADS

Vehicle widths. The total outside width of any vehicle, excluding side mounted rear view mirrors, shall not exceed the limits prescribed by K.S.A. 8-1902, as amended by L. 1983, Ch. 41, Sec. 1. The following devices shall be permitted to extend three inches out on either side of …

Definition section. (a) “Annual certification fee” means the monetary amount which each company must pay in order to be- come certified. 245 The Oilfield Certification Program 36-37-3 (b) “Annual certification permit” means the offi- cial form that allows operation of an OSR on s…

Violations. (a) The KHP and local law enforcement agencies shall enforce the provi- sions of these regulations. (b) The KHP or local law enforcement agency shall halt the movement of an OSR and issue ap- propriate fines if it determines that: (1) an OSR does not comply with these…

Requirements. (a) When an OSR exceeds the standards defined in K.S.A. 8-1902, 8-1904, 8-1908 and 8-1909, the applicant shall contact KDOT to obtain an annual certification permit before operating the OSR on any state highway. (b) A certified OSR shall operate only within a 100-mi…

Insurance requirements. (a) An applicant shall have all motor vehicle liability in- surance coverages as required by federal, state and local law for the type of vehicle for which cer- tification is sought. (b) All insurance requirements shall be in force as of the date of certif…

Fees. (a) Fees associated with the “oilfield certification” program shall be those es- tablished in K.S.A. 8-1911. (b) No refunds or adjusting of fees received by the KDOT shall be permitted. (Authorized by and implementing K.S.A. 8-1911; effective April 19, 1993.)

Weight limitations. (a) The maxi- mum axle weights allowed for an annual certifica- tion shall be: (1) 24,000 pounds for single axles; (2) 49,000 pounds for tandem axles; and (3) 60,000 pounds for tridem axles. (b) The maximum gross weights allowed for an annual certification sha…

Special limitations. A permit for travel in those states included in the multi-state agreement of the Multi-Jurisdictional Oversize/ Overweight program of the Mississippi Valley re- gion may be issued by the secretary or the secre- tary’s designee. Permits issued in accordance wi…

Adoption of standards. The Kan- sas department of transportation adopts by ref- erence the standards established in the General Conditions of the Multi-jurisdictional Oversize/ Overweight program. (Authorized by and imple- menting K.S.A. 8-1911; 68-404; effective April 19, 1993.)…

Priorities for loan guarantee applications. (a) Compliance with the following criteria shall increase the priority standing of an application for a loan guarantee: (1) the rail lines affected have less than 5,000,000 gross tons per mile annually; (2) the application demonstrates …

Definitions. As used in this article, the following terms shall have the meanings spec- ified in this regulation. (a) “Applicant” means any qualified entity that submits an application to the secretary for a loan guarantee, a loan, or a grant. (b) “Board” means the surface transp…

Requirements and conditions for application for a loan guarantee. (a) Each qualified entity and its lender shall file with the sec- retary the original and 10 copies of each application. (b) The loan guarantee program’s aggregate an- nual obligations shall not exceed $5,000,000. …

Forms. Each applicant for a loan guarantee shall file an application on the forms provided by the Kansas department of transpor- tation labeled and assembled using the following format: (a) Application summary; (b) exhibit “A,” description of applicant; (c) exhibit “B,” descripti…