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

Current through Register Vol. 43, No. 28, July 11, 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.