Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3d - Safety fitness procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the
			 following exceptions, 49 C.F.R. Part 385, as in effect on October 1, 2018, 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 of
			 "Applicable safety regulations or requirements," the phrase "49 CFR chapter
			 III, subchapter B " Federal Motor Carrier Safety Regulations" shall be replaced
			 by "49 C.F.R. Parts 395, 382, 385, 390, 391, 392, 393, 396, 397, 398, 399, 387,
			 and 386 as adopted by   K.A.R. 82-4-3a  and  82-4-3c  through  82-4-30." The phrase
			 "49 C.F.R. Parts 171, 172, 173, 177, 178 and 180 as adopted by   K.A.R. 82-4-20  "
			 shall replace the phrase "49 C.F.R. chapter I, subchapter C Hazardous Materials
			 Regulations."
(B) In the definition
			 of "CMV," the phrase "§ 390.5 of this subchapter" shall be deleted and
			 replaced by " 49 C.F.R. 390.5  as adopted by   K.A.R. 82-4-3f."
(C) In the definition of "commercial motor
			 vehicle," the phrase "§ 390.5 of this subchapter" shall be deleted and
			 replaced with " 49 C.F.R. 390.5  as adopted by   K.A.R. 82-4-3f."
(D) In the definition of "HMRs," the phrase
			 "as adopted by   K.A.R. 82-4-20  " shall be inserted after the phrase "49 C.F.R.
			 parts 171-180."
(E) In the
			 definition of "motor carrier operations in commerce," the phrase "or
			 intrastate" shall be added after the word "interstate" in paragraphs (1) and
			 (2).
(F) The definition of "Safety
			 ratings," including paragraphs (1), (2), (3), and (4), shall be
			 deleted.
(3)
									49 C.F.R. 385.4  shall be deleted.
(4) The
			 following revisions shall be made to  49 C.F.R. 385.5:
(A) The first paragraph shall be deleted and
			 replaced by the following: "In cooperation with the FMCSA, special agents and
			 authorized representatives shall conduct reviews in order to gather the
			 information necessary for the FMCSA to issue a safety rating for a motor
			 carrier. Information gathered shall include information necessary to
			 demonstrate that the motor carrier has adequate safety management controls in
			 place which comply with the applicable safety requirements to reduce the risk
			 associated with:".
(B) In paragraph
			 (a), the phrase "part 383 of this chapter" shall be deleted and replaced with
			 "the Kansas uniform commercial drivers' license act, found at K.S.A. 8-2,125  et
			 seq."
(C) In paragraph (b), the
			 phrase "part 387 of this chapter" shall be deleted and replaced with "49 C.F.R.
			 Part 387 as adopted by   K.A.R. 82-4-3n."
(D) In paragraph (c), the phrase "part 391 of
			 this chapter" shall be deleted and replaced with "49 C.F.R. Part 391 as adopted
			 by   K.A.R. 82-4-3g."
(E) In
			 paragraph (d), the phrase "part 392 of this chapter" shall be deleted and
			 replaced with "49 C.F.R. Part 392 as adopted by   K.A.R. 82-4-3h."
(F) In paragraph (e), the phrase "part 393 of
			 this chapter" shall be deleted and replaced with "49 C.F.R. Part 393 as adopted
			 by   K.A.R. 82-4-3i."
(G) In
			 paragraph (f), the phrase "part 390 of this chapter" shall be deleted and
			 replaced with "49 C.F.R. Part 390 as adopted by   K.A.R. 82-4-3f."
(H) In paragraph (g), the phrase "part 395 of
			 this chapter" shall be deleted and replaced with "49 C.F.R. Part 395 as adopted
			 by   K.A.R. 82-4-3a."
(I) In
			 paragraph (h), the phrase "part 396 of this chapter" shall be deleted and
			 replaced with "49 C.F.R. Part 396 as adopted by   K.A.R. 82-4-3j."
(J) In paragraph (i), the phrase "part 397 of
			 this chapter" shall be deleted and replaced with "49 C.F.R. Part 397 as adopted
			 by   K.A.R. 82-4-3k."
(K) In
			 paragraph (j), the phrase "parts 170 through 177 of this title" shall be
			 deleted and replaced with "49 C.F.R. Parts 171 through 177 as adopted by   K.A.R.
			 82-4-20."
(5) The first
			 paragraph of  49 C.F.R. 385.7  shall be deleted and replaced by the following:
			 "In cooperation with the FMCSA, special agents and authorized representatives
			 shall conduct reviews in order to gather the information necessary for the
			 FMCSA to determine and issue an appropriate safety rating for a motor carrier.
			 Information gathered shall be information the FMCSA may consider in assessing a
			 safety rating, including:".
(6)
									49 C.F.R. 385.9 through  49  C.F.R. 385.19 shall be deleted.
(7)
									49 C.F.R. 385.101 through  49  C.F.R.
			 385.119 shall be deleted.
(8)
									49 C.F.R. 385.301 through  385.337  shall be deleted.
(9) The following changes shall be made to  49 C.F.R. 385.402:
(A) Paragraph (a) shall be
			 deleted and replaced with the following: "The definitions in 49 C.F.R. Parts
			 390 and 385, as adopted by   K.A.R. 82-4-3f  and  82-4-3d,  respectively, shall
			 apply to Subpart E of 49 C.F.R. Part 385, as adopted by   K.A.R. 82-4-3d,  unless
			 otherwise specifically noted."
(B)
			 The phrase "§171.8 of this title" shall be deleted and replaced by " 49 C.F.R. 171.8  as adopted by   K.A.R. 82-4-20."
(C) The phrase "§172.101 of this title"
			 shall be deleted and replaced by " 49 C.F.R. 172.101  as adopted by   K.A.R.
			 82-4-20."
(D) The term "FMCSA"
			 shall be deleted and replaced by "the commission."
(10) The following revisions shall be made to
			  49 C.F.R. 385.403:
(A) In the first
			 paragraph, the phrase "§ 390.19(a)" shall be deleted and replaced with " 49 C.F.R. 390.19(a)  as adopted by   K.A.R. 82-4-3f."
(B) In paragraph (a), the phrase "§
			 173.403 of this title" shall be deleted and replaced by " 49 C.F.R. 173.403  as
			 adopted by   K.A.R. 82-4-20."
(C) In
			 paragraph (b), the phrase "part 172 of this title" shall be deleted and
			 replaced with "49 C.F.R. Part 172 as adopted by   K.A.R. 82-4-20."
(D) The following revisions shall be made to
			 paragraphs (c) and (d):
(i) The phrase "§
			 171.8 of this title" shall be deleted and replaced with " 49 C.F.R. 171.8  as
			 adopted by   K.A.R. 824-20."
(ii) The
			 phrase "§ 173.116(a) or § 173.133(a) of this title" shall be deleted
			 and replaced with " 49 C.F.R. 173.116(a) or  173.133(a)  as adopted by   K.A.R.
			 82-4-20."
(E) The
			 following revisions shall be made to paragraph (e):
(i) The phrase "§ 171.8 of this title"
			 shall be deleted and replaced with " 49 C.F.R. 171.8  as adopted by   K.A.R.
			 824-20."
(ii) The phrase "§
			 173.116(a)" shall be deleted and replaced with " 49 C.F.R. 173.116(a)  as adopted
			 by   K.A.R. 82-4-20."
(11) The following shall be inserted after
			 the last sentence in  49 C.F.R. 385.405(b) T: "All Kansas-based interstate motor
			 carriers and all Kansas intrastate motor carriers transporting hazardous
			 materials are required to obtain a hazardous materials safety permit from the
			 FMCSA and are subject to FMCSA jurisdiction for hazardous materials safety
			 requirements as set forth in  49 C.F.R. 385.401 through  385.423, and in 49
			 C.F.R. Parts 171, 172, 173, 177, 178 and 180, as adopted by   K.A.R.
			 824-20."
(12) In  49 C.F.R. 385.411,
			 "385.405" shall be replaced with "385.405T."
(13) In  49 C.F.R. 385.415(a)(2), the phrase
			 "as adopted by   K.A.R. 82-4-3k  " shall be inserted after each instance of "of
			 this chapter."
(14) In  49 C.F.R. 385.419T, the phrase "as adopted by   K.A.R. 82-4-3f  " shall be inserted after
			 each instance of "of this chapter."
(15) The following changes shall be made to
			  49 C.F.R. 385.421T:
(A) In  49 C.F.R. 385.421T(a)(1), the phrase "as adopted by   K.A.R. 82-4-3f  " shall be inserted
			 after "of this chapter."
(B) In  49 C.F.R. 385.421T(a)(8), the phrase "as adopted by   K.A.R. 82-4-3n  " shall be
			 inserted after "of this chapter."
(C) In  49 C.F.R. 385.421T(a)(10), the phrase
			 "in accordance with §386.83 or §386.84 of this chapter" shall be
			 deleted.
(16)
									49 C.F.R. 385.501 through  385.1019, including appendices A and B, shall be
			 deleted.
(17) All sections marked
			 "reserved" shall be deleted.