reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 37 - THE OILFIELD CERTIFICATION PROGRAM › Section 36-37-4 - Insurance requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 applicant shall have all motor vehicle liability insurance coverages as
			 required by federal, state and local law for the type of vehicle for which
			 certification is sought.
(b) All
			 insurance requirements shall be in force as of the date of certification and
			 maintained after that date for the period covered by the certification.
(c) The applicant shall furnish
			 proof of insurance upon demand by the KDOT or local law enforcement agency.
(d) Failure to maintain required
			 coverages shall result in revocation of the certificate.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 37 - THE OILFIELD CERTIFICATION PROGRAM › Section 36-37-5 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Fees
			 associated with the "oilfield certification" program shall be those established
			 in K.S.A.
			 8-1911.
(b) No refunds or adjusting of fees received
			 by the KDOT shall be permitted.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 37 - THE OILFIELD CERTIFICATION PROGRAM › Section 36-37-6 - Weight limitations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The maximum
			 axle weights allowed for an annual certification shall be:
(1) 24,000 pounds for single axles;
(2) 49,000 pounds for tandem
			 axles; and
(3) 60,000 pounds for
			 tridem axles.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 38 - THE MULTI-JURISDICTIONAL OVERSIZE, OVERWEIGHT PERMIT PROGRAM › Section 36-38-1 - Special limitations

Current through Register Vol. 43, No. 28, July 11, 2024
A permit for travel in those states included in the multi-state
				agreement of the Multi-Jurisdictional Oversize/Overweight program of the
				Mississippi Valley region may be issued by the secretary or the secretary's
				designee. Permits issued in accordance with the multi-state agreement shall be
				issued only on the form approved by the permit officials of each state.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 38 - THE MULTI-JURISDICTIONAL OVERSIZE, OVERWEIGHT PERMIT PROGRAM › Section 36-38-2 - Adoption of standards

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of transportation adopts by reference the
				standards established in the General Conditions of the Multi-jurisdictional
				Oversize/Overweight program.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 39 - RAIL SERVICE ASSISTANCE PROGRAM › Section 36-39-1 - Priorities for loan guarantee applications

Current through Register Vol. 43, No. 28, July 11, 2024
(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 a
			 higher benefit-to-cost ratio than the minimum ratio required by statute and
			 regulation;
(3) the application
			 demonstrates that operations will be made more efficient by raising the minimum
			 operating speed to one of the following F.R.A. classes:
(A) F.R.A. class one to F.R.A. class two; or
(B) F.R.A. class two to F.R.A.
			 class three;
(4) the
			 application demonstrates a positive statewide or regional economic impact;
(5) the application demonstrates
			 that the project for which funding is sought will result in road or highway
			 maintenance cost savings for state and local governmental entities;
(6) the application describes the tangible
			 assets of and the net worth of the applicant; and
(7) the application demonstrates the
			 commitment of capital, or the guarantee of a set amount of rail traffic by
			 local shippers, governmental entities or other interested parties, to the
			 applicant for the continued operations of rail service for which a loan
			 guarantee is sought.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 39 - RAIL SERVICE ASSISTANCE PROGRAM › Section 36-39-2 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article, the following terms shall have the
				meanings specified 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
			 transportation board.
(c)
			 "Equipment" means any type of new or rebuilt standard gauge locomotive or
			 general service railroad freight car. General service railroad freight cars may
			 include a boxcar, gondola, open-top or covered hopper car, and
			 flatcar.
(d) "Facilities" means the
			 following:
(1) The track, roadbed, and related
			 structures, including rail, ties, ballast, other track materials, grading,
			 tunnels, bridges, trestles, culverts, repair shops, connecting tracks, and
			 public improvements used or usable for rail service operations;
(2) signals and interlockers; and
(3) terminal or yard facilities, including
			 trailer-on-flat-car and container-on-flatcar terminals, railroad terminal and
			 switching facilities, and service to express companies and railroads and their
			 shippers.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 39 - RAIL SERVICE ASSISTANCE PROGRAM › Section 36-39-4 - Forms

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant for a loan guarantee shall file an application
				on the forms provided by the Kansas department of transportation labeled and
				assembled using the following format:
(a) Application summary;
(b) exhibit "A," description of
			 applicant;
(c) exhibit "B,"
			 description of project;
(d) exhibit
			 "C," description of the ratio of benefit to cost;
(e) exhibit "D," pro forma cash flow
			 statement;
(f) exhibit "E,"
			 rehabilitation, repair, and construction cost estimate;
(g) exhibit "F," historic and current
			 financial statements; and
(h)
			 exhibit "G," identification of officers and directors.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 39 - RAIL SERVICE ASSISTANCE PROGRAM › Section 36-39-5 - Pre-application conference

Current through Register Vol. 43, No. 28, July 11, 2024
A pre-application conference shall be held between the
				prospective applicant and department of transportation staff before an
				application for a loan guarantee is filed. The proposed project shall be
				reviewed and guidance given to the prospective applicant on how to proceed.
				Applications shall not be filed sooner than 30 days after the pre-application
				conference.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 39 - RAIL SERVICE ASSISTANCE PROGRAM › Section 36-39-6 - Rail service financial assistance; loans and grants

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Compliance with the criteria in K.A.R.
			 36-39-1(a) shall increase the priority standing of an application for a loan or
			 grant to be used to facilitate the financing, acquisition, or rehabilitation of
			 railroads, facilities, equipment, and rolling stock in the state of
			 Kansas.
(b) Monies to be loaned or
			 granted shall originate from the rail service improvement fund.
(c) All funds loaned shall be repaid to the
			 department of transportation within 10 years or less of the notice of
			 acceptance of the project. The repayment shall include an interest rate
			 established in the loan agreement between the secretary and
			 applicant.
(d) Each application
			 shall be submitted in the form prescribed by the Kansas department of
			 transportation.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 40 - TRANSPORTATION REVOLVING FUND › Section 36-40-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For the purposes of the regulations in this article, the
				following words and phrases shall be defined as follows:
(a) "Act" means
			 K.S.A.
			 75-5063
et seq.
, and
			 amendments thereto.
(b)
			 "Applicant" means any governmental unit filing an application with the
			 secretary for financial assistance under the act.
(c) "Approved project" means the scope of
			 work for a transportation project for which financial assistance is provided.
(d) "Debt service" means the
			 principal, interest, and any premium required to be paid pursuant to a
			 financial assistance agreement.
(e) "Financial assistance" means any credit
			 enhancement, loan, or refunding or acquisition of bonds previously issued by
			 the applicant as approved by the secretary pursuant to the act.
(f) "Financial assistance agreement" means a
			 contract between an applicant and the secretary confirming the purpose of the
			 financial assistance, the amount and terms of the financial assistance, the
			 schedule of financial assistance payments and repayments, if any, and any other
			 agreed-upon conditions applicable to that approved project.
(g) "Final acceptance" means the point at
			 which the contractor has completed all work on an approved project and the
			 licensed professional engineer responsible for the inspection informs the
			 department in writing that all work specified in the construction contract has
			 been completed in substantial conformity with the plans, specifications, and
			 any authorized revisions.
(h)
			 "KDFA" means the Kansas development finance authority, which is a public body,
			 politic and corporate, and an independent instrumentality of the state
			 established at
			 K.S.A.
			 74-8903 and amendments thereto.
(i) "Inspector" means an individual who meets
			 the following requirements:
(1)
(A) Is a licensed professional engineer or is
			 supervised by a licensed professional engineer; and
(B) is provided by the applicant to observe
			 the work performed and test the materials used in an approved project according
			 to its plans and contract documents; and
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 40 - TRANSPORTATION REVOLVING FUND › Section 36-40-2 - Application and supporting documents

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 application for financial assistance from the fund may be submitted to the
			 secretary at any time.
(b) Each
			 applicant for financial assistance for a transportation project shall submit,
			 for the secretary's review and consideration for approval, the following
			 application documents:
(1) A completed
			 financial assistance application on a form furnished by the secretary;
(2) a detailed statement that
			 establishes the need for the transportation project;
(3) documentation that provides sufficient
			 detail regarding the transportation project to enable the secretary to
			 determine its estimated costs, the purpose for the financial assistance, and
			 the time period in which the financial assistance is to be used;
(4) an overall completion schedule for the
			 transportation project, submitted in a form prescribed by the secretary; and
(5) information that establishes
			 to the secretary's satisfaction that the applicant has the financial capability
			 to satisfy its obligations under the financial assistance agreement and
			 addresses at least the following areas:
(A)
			 Projected economic and population growth within the applicant's jurisdictional
			 boundaries;
(B) existing and
			 forecasted debt obligations of the governmental unit making the application,
			 during the term of the financial assistance agreement; and
(C) anticipated total revenues of the
			 governmental unit making the application, during the term of the financial
			 assistance agreement.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 40 - TRANSPORTATION REVOLVING FUND › Section 36-40-3 - Transportation project eligibility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For a
			 transportation project to be eligible for financial assistance, the following
			 requirements shall be met:
(1) The applicant
			 shall provide the secretary with the applicant's written assurance of the
			 following:
(A) The applicant will use a
			 licensed professional engineer to design the transportation project, if
			 approved, in accordance with the then-existing generally recognized and
			 prevailing engineering standards and with the federal and state laws and
			 regulations applicable at the time of design, which shall include any
			 subsequent design revisions for the approved project.
(B) The transportation project, if approved,
			 will be inspected by an inspector, who shall provide reasonable assurance that
			 the approved project is constructed in substantial conformity with its plans,
			 specifications, and any authorized revisions.
(C) The construction of the transportation
			 project, if approved, will conform to its plans, specifications, and any
			 authorized revisions.
(D) The
			 plans and specifications for the transportation project, if approved, shall not
			 be revised or deviated from without the approval of the approved project's
			 designer.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 40 - TRANSPORTATION REVOLVING FUND › Section 36-40-4 - Fund use

Current through Register Vol. 43, No. 28, July 11, 2024
The fund shall be used to finance or refinance approved
				projects, with priority given to the following types of financial assistance:
(a) Loans for all or part of an
			 approved project;
(b) guarantees,
			 security, or another type of credit enhancement, or any combination of these,
			 for bonds to be issued by KDFA or an applicant for financial assistance; and
(c) refunding or acquisition of
			 bonds issued by an applicant.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 40 - TRANSPORTATION REVOLVING FUND › Section 36-40-5 - Financial assistance agreement requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Each financial assistance agreement entered into pursuant to
				the act shall meet the following requirements:
(a) The financial assistance shall not exceed
			 the total cost of the approved project.
(b) The term of any financial assistance
			 shall not exceed the design life of the approved project or 20 years, whichever
			 is less.
(c) If any debt service
			 is required, it shall be guaranteed by the applicant in a manner consistent
			 with the applicant's approved application.
(d) The financial assistance agreement shall
			 contain the following sentences:
(1) "All
			 work performed and all materials furnished for the approved project shall be in
			 reasonably close conformity with the plans, specifications, and revisions,
			 which have been approved by the designer of the approved project."
(2) "Technical advice or assistance, or both,
			 provided by the secretary to an applicant pursuant to
			 K.S.A.
			 75-5068(c), and amendments
			 thereto, shall not be construed as an undertaking by the secretary of the
			 duties of the applicant or the approved project's owner, or both, or the duties
			 of any consultant, licensed professional engineer, or inspector hired by the
			 applicant or the approved project's owner."
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 40 - TRANSPORTATION REVOLVING FUND › Section 36-40-6 - Interest rate and servicing fees

Current through Register Vol. 43, No. 28, July 11, 2024
If any of the financial assistance is required to be repaid
				under the terms of the financial assistance agreement, that portion of the
				financial assistance shall bear interest in accordance with the applicable
				financial assistance agreement, at a rate set by the secretary. This rate shall
				be consistent with the provisions of
				K.S.A.
				10-1009, and amendments thereto. The
				financial assistance agreement may also establish fees for servicing the
				financial assistance.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 40 - TRANSPORTATION REVOLVING FUND › Section 36-40-7 - Repayment of financial assistance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Debt
			 service shall be paid in accordance with the terms and conditions of the
			 financial assistance agreement.
(b) If any financial assistance is prepaid in
			 whole or in part, the prepayment shall be made in accordance with the terms and
			 conditions of the financial assistance agreement.
(c) If a recipient of monies from the fund
			 subsequently receives federal reimbursement for the same costs of an approved
			 project for which financial assistance was received, the recipient shall repay
			 to the secretary those fund monies in an amount equal to the federal
			 reimbursement received, within 30 days after receipt of the federal
			 reimbursement.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 40 - TRANSPORTATION REVOLVING FUND › Section 36-40-8 - Approved project statements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 financial assistance recipient shall provide the secretary, when the approved
			 project is opened to unrestricted travel, with the written statement of the
			 recipient's licensed professional engineer indicating that, at the time of
			 design, the plans, specifications, and any authorized revisions for the
			 approved project followed the then-existing generally recognized and prevailing
			 engineering standards and were in compliance with the applicable federal and
			 state laws and regulations.
(b)
			 Each financial assistance recipient shall provide the secretary with the
			 statement of the recipient's inspector indicating that the approved project was
			 constructed in reasonable conformity with its plans, specifications, and any
			 authorized revisions, at each of the following times:
(1) At the time when the approved project is
			 opened to unrestricted travel; and
(2) at the time of the final acceptance.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 40 - TRANSPORTATION REVOLVING FUND › Section 36-40-9 - Approved project costs; accounting requirement

Current through Register Vol. 43, No. 28, July 11, 2024
Each financial assistance recipient shall maintain an
				accounting system that segregates and accumulates project costs for the
				approved project. Project costs may be reviewed or audited, or both, by the
				secretary at any time during the construction of the approved project and after
				completion of the approved project.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 41 - PUBLIC SAFETY COMMUNICATION SYSTEM REVOLVING FUND › Section 36-41-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For the purposes of this article, the following words and
				phrases shall be defined as specified in this regulation:
(a) "Access lease agreement" means a contract
			 between the secretary and any one of the following that permits and confirms
			 the purpose and terms of access to the department's communication system
			 equipment and any other agreed-upon conditions:
(1) An authorized governmental entity;
(2) an authorized nongovernmental
			 entity; or
(3) an authorized
			 public safety agency.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 41 - PUBLIC SAFETY COMMUNICATION SYSTEM REVOLVING FUND › Section 36-41-2 - Application and supporting documents

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any
			 governmental entity, nongovernmental entity, or public safety agency may submit
			 an application for an access lease agreement under the act to the secretary for
			 consideration for approval at any time. Any public safety agency may submit an
			 application for an equipment lease agreement under the act to the secretary for
			 consideration for approval at any time.
(b) Each applicant shall submit the following
			 application documents for the secretary's review and consideration for
			 approval:
(1) A completed application for an
			 access lease agreement or an equipment lease agreement, on a form furnished by
			 the department;
(2) a detailed
			 statement that establishes the need for the requested access to communication
			 system equipment or the leasing of communication system equipment;
(3) documentation that provides sufficient
			 detail regarding the need for access to communication system equipment or the
			 leasing of communication system equipment to enable the secretary to determine
			 the following:
(A) The exact nature of the
			 requested access or equipment, or both;
(B) the applicable estimated costs for the
			 access or equipment, or both; and
(C) the proposed lease period; and
(4) financial information
			 regarding the applicant's revenues and expenditures for the three calendar
			 years immediately preceding the date of the application that establishes to the
			 secretary's satisfaction that the applicant has the capability to satisfy its
			 financial obligations under the requested lease agreement.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 41 - PUBLIC SAFETY COMMUNICATION SYSTEM REVOLVING FUND › Section 36-41-3 - Access lease agreement and equipment lease agreement: restrictions and requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No access
			 lease agreement shall permit interference with or impair the existing use of
			 the department's communication system equipment by any governmental entity, any
			 nongovernmental entity, or any public safety agency.
(b) The initial term of each access lease
			 agreement shall not exceed five years. An access lease agreement may be renewed
			 by the secretary after its initial term for a maximum of four five-year
			 periods.
(c) The rate charged to
			 an authorized governmental entity or an authorized public safety agency for
			 communication system equipment access and the rate charged to an authorized
			 public safety agency for the lease of communication system equipment shall be
			 the actual incremental costs of the administration, equipment, installation,
			 and maintenance attributable to the specific lease activity, as determined by
			 the secretary. The lease agreement shall specifically detail the actual
			 incremental costs upon which the rate is based.
(d) The term of each equipment lease
			 agreement shall not exceed the service life of the equipment or 10 years,
			 whichever is less.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 41 - PUBLIC SAFETY COMMUNICATION SYSTEM REVOLVING FUND › Section 36-41-4 - Interest rate and service fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 equipment lease agreement payment shall include an interest component based on
			 the amortized balance of the cost of the equipment, in accordance with the
			 amortization schedule incorporated in the equipment lease agreement. The
			 interest rate for each equipment lease agreement shall be the published rate in
			 effect on the effective date of the agreement, as that rate is established and
			 published by the secretary on the first day of each month. This rate shall be
			 consistent with the provisions of
			 K.S.A.
			 10-1009 and amendments thereto.
(b) Any access lease agreement with an
			 authorized governmental entity or an authorized public safety agency and any
			 equipment lease agreement with an authorized public safety agency may include
			 fees for services provided by the department related to the applicable lease
			 agreement, which shall be detailed in the agreement.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 41 - PUBLIC SAFETY COMMUNICATION SYSTEM REVOLVING FUND › Section 36-41-5 - Prevailing rates

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The rate
			 charged to any authorized nongovernmental entity pursuant to an access lease
			 agreement shall be the prevailing rate in effect on the effective date of the
			 access lease agreement. This rate may include fees determined reasonable by the
			 secretary for services provided by the department related to the access lease
			 agreement.
(b) The prevailing rate
			 to be charged to an authorized nongovernmental entity for communication system
			 equipment access shall be established for the access location sought by that
			 entity for the communication system equipment access. The prevailing rate shall
			 be calculated using the average of rates for similar access and any services
			 related to the access charged by entities other than the entity seeking access
			 and the department, within a 40-mile radius of the location for which access is
			 sought. A good faith effort shall be made by the secretary to secure estimates
			 for the service and access from at least three entities. If estimates from
			 three entities can not be secured within the 40-mile radius, then the radius
			 shall be expanded by the secretary in 10-mile increments until three estimates
			 are received.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 42 - KANSAS INTERMODAL TRANSPORTATION REVOLVING FUND › Section 36-42-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For the purposes of this article, the following words and
				phrases shall be defined as follows:
(a) "Act" means
			 K.S.A.
			 75-5081 et seq., and amendments
			 thereto.
(b) "Applicant" means any
			 governmental unit or private enterprise filing an application with the
			 secretary for financial assistance under the act.
(c) "Approved project" means the scope of
			 work for an intermodal transportation project for which financial assistance is
			 provided.
(d) "Debt service" means
			 the principal, interest, and any premium required to be paid pursuant to a
			 financial assistance agreement.
(e)
			 "Final acceptance" means the point at which the contractor has completed all
			 work on an approved project and the licensed professional engineer responsible
			 for the inspection informs the department in writing that all work specified in
			 all of the approved project contracts has been completed in substantial
			 conformity with the plans, specifications, and any authorized
			 revisions.
(f) "Financial
			 assistance" means any credit enhancement, loan, or refunding or acquisition of
			 bonds previously issued by the applicant, as approved by the secretary pursuant
			 to the act.
(g) "Financial
			 assistance agreement" means a contract between an applicant and the secretary
			 confirming the purpose of the financial assistance, the amount and terms of the
			 financial assistance, the schedule of financial assistance payments and
			 repayments, if any, and any other agreed-upon conditions applicable to that
			 approved project.
(h) "Inspector"
			 means an individual who meets the following requirements:
(1)
(A) Is a
			 licensed professional engineer or is supervised by a licensed professional
			 engineer; and
(B) is provided by
			 the applicant to observe the work performed and test the materials used in an
			 approved project according to its plans and contract documents; and
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 42 - KANSAS INTERMODAL TRANSPORTATION REVOLVING FUND › Section 36-42-3 - Intermodal transportation project; eligibility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For an intermodal transportation project
			 to be eligible for financial assistance, the following requirements shall be
			 met:
(1) The qualified borrower shall provide
			 the secretary with the applicant's written assurance of the following:
(A) The qualified borrower shall use a
			 licensed professional engineer to design the intermodal transportation project,
			 if approved, in accordance with the then-existing generally recognized and
			 prevailing engineering standards and with the federal and state laws and
			 regulations applicable at the time of design, which shall include any
			 subsequent design revisions for the approved project.
(B) The intermodal transportation project, if
			 approved, shall be inspected by an inspector, who shall provide reasonable
			 assurance that the approved project is constructed in substantial conformity
			 with its plans, specifications, and any authorized revisions.
(C) The construction of the intermodal
			 transportation project, if approved, shall conform to its plans,
			 specifications, and any authorized revisions.
(D) The plans and specifications for the
			 intermodal transportation project, if approved, shall not be revised or
			 deviated from without the approval of the approved project's
			 designer.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 42 - KANSAS INTERMODAL TRANSPORTATION REVOLVING FUND › Section 36-42-4 - Fund use

Current through Register Vol. 43, No. 28, July 11, 2024
The fund shall be used to finance or refinance approved
				projects, with priority given to the following types of financial
				assistance:
(a) Loans for all or part
			 of an approved project;
(b)
			 guarantees, security, or another type of credit enhancement, or any combination
			 of these, as may be approved by the secretary for bonds to be issued by KDFA or
			 an applicant; and
(c) the refunding
			 or acquisition of bonds issued by an applicant.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 42 - KANSAS INTERMODAL TRANSPORTATION REVOLVING FUND › Section 36-42-5 - Financial assistance agreement; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Each financial assistance agreement entered into pursuant to
				the act shall meet the following requirements:
(a) The financial assistance shall not exceed
			 the total cost of the approved project.
(b) The term of any financial assistance
			 shall not exceed the shortest of the following periods:
(1) The economic life of the approved
			 project;
(2) the term of any bonds
			 issued to finance the approved project; and
(3) 30 years.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 42 - KANSAS INTERMODAL TRANSPORTATION REVOLVING FUND › Section 36-42-6 - Interest rate and servicing fees

Current through Register Vol. 43, No. 28, July 11, 2024
Financial assistance that is required to be repaid under the
				terms of the financial assistance agreement shall bear interest in accordance
				with the applicable financial assistance agreement, at a rate set by the
				secretary. The financial assistance agreement may also establish fees for
				servicing the financial assistance.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 42 - KANSAS INTERMODAL TRANSPORTATION REVOLVING FUND › Section 36-42-7 - Repayment of financial assistance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All debt service shall be paid in
			 accordance with the terms and conditions of the financial assistance
			 agreement.
(b) If any financial
			 assistance is prepaid in whole or in part, the prepayment shall be made in
			 accordance with the terms and conditions of the financial assistance
			 agreement.
(c) If a recipient of
			 monies from the fund subsequently receives federal reimbursement for the same
			 costs of an approved project for which financial assistance was received, the
			 recipient shall repay to the secretary those fund monies in an amount equal to
			 the federal reimbursement received, within 30 days after receipt of the federal
			 reimbursement.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 42 - KANSAS INTERMODAL TRANSPORTATION REVOLVING FUND › Section 36-42-8 - Approved project statements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each financial assistance recipient shall
			 provide the secretary, when the approved project is opened to unrestricted
			 travel, with the written statement of the recipient's licensed professional
			 engineer unqualifiedly indicating that, at the time of design, the plans,
			 specifications, and any authorized revisions for the approved project followed
			 the then-existing generally recognized and prevailing engineering standards and
			 were in compliance with the applicable federal and state laws and
			 regulations.
(b) Each financial
			 assistance recipient shall provide the secretary with the statement of the
			 recipient's inspector indicating that the approved project was constructed in
			 reasonable conformity with its plans, specifications, and any authorized
			 revisions, at each of the following times:
(1)
			 At the time when the approved project is opened to unrestricted travel;
			 and
(2) at the time of the final
			 acceptance.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 42 - KANSAS INTERMODAL TRANSPORTATION REVOLVING FUND › Section 36-42-9 - Approved project costs; accounting requirement

Current through Register Vol. 43, No. 28, July 11, 2024
Each financial assistance recipient shall maintain an
				accounting system that segregates and accumulates all project costs for the
				approved project. Any project costs may be reviewed or audited, or both, by the
				secretary at any time during the construction of the approved project and after
				completion of the approved project.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 43 - TRAIN CREW REQUIREMENTS › Section 36-43-1 - Crew requirements; exceptions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each entity
			 operating a railroad in Kansas shall maintain at least two crew members in the
			 control compartment of the lead locomotive unit of each train.
(b) Compliance with subsection (a) shall not
			 be required during switching operations, brake testing, or safety inspections;
			 while stopped at a customer location; or while reducing the number of cars in a
			 train when on a siding track.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 45 - ESCORT VEHICLES, ESCORT VEHICLE SERVICE PROVIDERS, AND ESCORT VEHICLE OPERATORS › Section 36-45-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in this article of the
				department's regulations, shall have the meaning specified in this
				regulation:
(a) "Department" and
			 "KDOT" mean the Kansas department of transportation.
(b) "Escort vehicle" and "EV" mean a vehicle
			 that accompanies a load and meets the requirements of K.A.R. 36-45-5.
(c) "Escort vehicle operator" and "EVO" mean
			 a person who is driving a vehicle that is accompanying a load and who meets the
			 requirements of K.A.R. 36-45-4.
(d)
			 "Escort vehicle service provider" and "EVSP" mean a person, firm, owner, or
			 company that operates an escort vehicle for the purpose of accompanying a load
			 as required by
			 K.A.R.
			 36-1-36 and
			 K.A.R.
			 36-1-38 and that meet the requirements of
			 K.A.R. 35-45-2 and K.A.R. 3645-3.
(e) "Escort vehicle service provider
			 registrar" and "EVSP registrar" mean a department employee who makes the
			 initial determination to revoke or deny any EVSP registration. The
			 determination made by the EVSP registrar shall be deemed to be the decision of
			 the secretary.
(f)
			 "Height-measuring pole" and "height pole" mean a retractable and flexible
			 device made of nonconductive material that measures vertical clearance. A
			 height pole shall be used when the height of the permitted load exceeds 16 feet
			 when measured from the ground to the highest point on the load.
Each height-measuring pole shall meet the following
				requirements:
(1) Be set at the height
			 of the permitted load plus three inches;
(2) be securely attached to the EV and be
			 designed and operated in a manner that will notify the EVO that the load cannot
			 safely pass under an overhead obstruction without causing damage to the
			 obstruction, the load, or both; and
(3) not interfere with the ability of the EVO
			 to safely operate the EV and communication equipment.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 45 - ESCORT VEHICLES, ESCORT VEHICLE SERVICE PROVIDERS, AND ESCORT VEHICLE OPERATORS › Section 36-45-2 - Registration

Current through Register Vol. 43, No. 28, July 11, 2024
Each EVSP shall register annually with the secretary. Each
				registration shall meet the requirements of this regulation.
(a) Each registration shall specify the
			 following:
(1) The name and address of the
			 EVSP;
(2) the name and address of
			 the registered agent for the EVSP;
(3) the vehicle identification number (VIN)
			 of each EV operated in Kansas; and
(4) the license plate number of each EV
			 operated in Kansas.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 45 - ESCORT VEHICLES, ESCORT VEHICLE SERVICE PROVIDERS, AND ESCORT VEHICLE OPERATORS › Section 36-45-3 - Insurance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each EVSP shall
			 have in effect all motor vehicle liability insurance coverage required for each
			 EV traveling pursuant to any EVSP registration approved under this article of
			 the department's regulations on the date of EVSP registration. As a
			 prerequisite for EVSP registration under K.A.R. 36-45-2, each EVSP shall
			 maintain the minimum required insurance, self-insurance, or other financial
			 security required by
			 K.S.A.
			 40-3104, and amendments thereto, to cover any
			 damage that could occur to any person or property, including highways and
			 highway features, during movement of the load. Each insuring company shall be
			 authorized to conduct business in Kansas.
(b) Each EVSP shall maintain the required
			 insurance coverage for the duration of the EVSP registration and shall furnish
			 proof of insurance upon demand by the department or any law enforcement
			 agency.
(c) Failure to maintain the
			 required insurance coverage throughout the duration of the EVSP registration
			 shall result in revocation of the EVSP registration.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 45 - ESCORT VEHICLES, ESCORT VEHICLE SERVICE PROVIDERS, AND ESCORT VEHICLE OPERATORS › Section 36-45-4 - Escort vehicle operator

Current through Register Vol. 43, No. 28, July 11, 2024
Each EVO shall meet the following requirements before operating
				any EV in Kansas:
(a) Have a driving
			 history without any conviction of driving while impaired, driving reckless, or
			 both within 36 months before operating any EV;
(b) successfully complete an escort vehicle
			 training e course from one of the states accepted and approved by c the
			 secretary and listed on the department's web site;
(c) be at least 18 years of age; and
			 a
(d) possess a current driver's
			 license issued by the state or jurisdiction in which the EVO resides.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 45 - ESCORT VEHICLES, ESCORT VEHICLE SERVICE PROVIDERS, AND ESCORT VEHICLE OPERATORS › Section 36-45-5 - Escort vehicle

Current through Register Vol. 43, No. 28, July 11, 2024
Each EVSP shall ensure that each EV that is registered to the
				EVSP and operated in Kansas meets the following requirements:
(a) Meets all statutory requirements to
			 operate legally on the highways;
(b) has at least two axles;
(c) is able to operate safely under the
			 conditions found to exist upon any highway without endangering the safety of
			 the traveling public and the persons involved in moving and escorting the
			 load;
(d) does not exceed a gross
			 vehicle weight rating of 16,000 pounds;
(e) has a clearly visible and current license
			 plate attached to the rear of the EV at least 12 inches from the ground;
(f) has an unobstructed outside
			 rear-view mirror on each side of the EV;
(g) has current registration in the state in
			 which the EV is registered;
(h)
			 has left and right signal lamps on the front and rear of the EV that are in
			 operable condition;
(i) is
			 equipped with a horn that is in operable condition and capable of emitting
			 sound audible under normal 2 conditions from a distance of at least 200
			 feet;
(j) is at least 60 inches
			 wide and does not exceed 102 inches wide;
(k) has full visibility in all directions
			 from the driver's side from within the vehicle; and
(l) has a sign on the driver's side and the
			 passenger's side of the EV displaying the name of the EVSP during movement of
			 the load. The name of the EVSP shall visibly contrast with the background of
			 the sign so that the name of the EVSP is easily visible.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 45 - ESCORT VEHICLES, ESCORT VEHICLE SERVICE PROVIDERS, AND ESCORT VEHICLE OPERATORS › Section 36-45-6 - Equipment

Current through Register Vol. 43, No. 28, July 11, 2024
Each EVSP shall ensure that each EV that is accompanying a load
				in Kansas has, at a m minimum, the following equipment meeting the requirements
				specified in this regulation:
(a)
			 Communication equipment: one two-way communication device capable of
			 transmitting and receiving signals for at least ½ mile and compatible
			 with the device e used by the driver of the load and the device used by each
			 EVO during movement of the load;
(b) emergency equipment: one full-size spare
			 tire compatible with the EV to continue travel, one vehicle jack appropriate
			 for the EV, one lug wrench, eight bidirectional reflective triangles, eight red
			 light-emitting flares, three 18-inch cones that are orange in color, and one
			 fire extinguisher having an underwriters' laboratories rating of 5 B:C or
			 more;
(c) handheld warning flags:
			 two handheld flags that e red or orange in color and at least 24 inches
			 square;
(d) height-measuring
			 pole;
(e)paddle signs: at least one
			 standard "Stop" paddle sign and one standard "Slow" paddle sign. Each paddle
			 sign shall be at least 18 inches wide with letters at least six inches high and
			 shall meet the requirements of the MUTCD;
(f) personal safety equipment: one
			 high-visibility hard hat and one high-visibility vest or jacket that meet the
			 requirements of the MUTCD;
(g)
			 warning sign: one warning sign that states "OVERSIZE LOAD." The letters shall
			 be black on a yellow background and shall be at least eight inches high with a
			 minimum brush stroke of 1.125 inches. The sign shall not obstruct the warning
			 light or lights. The sign shall be at least five feet long and 12 inches high
			 and shall be visible from a minimum distance of 500 feet;
(h) warning light or lights: either one
			 oscillating or rotating light or two flashing lights. Each warning light shall
			 be amber in color, at least six inches in diameter, and fully visible from all
			 directions from a minimum distance of 500 feet. The warning light or lights
			 shall not be obstructed by the warning sign; and
(i) vehicle warning flags: two vehicle flags
			 red or orange in color and at least 18 inches square. Each flag shall be
			 capable of being placed on the driver's or passenger's side of the
			 EV.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 45 - ESCORT VEHICLES, ESCORT VEHICLE SERVICE PROVIDERS, AND ESCORT VEHICLE OPERATORS › Section 36-45-7 - Documentation for permitted route

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Pretrip requirements. Each designated EVO
			 shall ensure and document that the requirements of this subsection are met
			 before accompanying each load.
(1) Planning
			 and coordination meeting. A planning and coordination meeting shall be held no
			 more than seven days before accompanying a load. Each person who will be
			 accompanying or moving the load shall attend the meeting. The meeting shall
			 accomplish each of the following:
(A)
			 Designate one or more EVO to complete the pretrip and posttrip
			 evaluation;
(B) establish the
			 communication equipment and hand signals used during movement of the
			 load;
(C) discuss the conditions and
			 restrictions of the permitted route;
(D) review the procedures and requirements of
			 this article of the department's regulations for compliance; and
(E) verify the type and dimensions of the
			 load.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 45 - ESCORT VEHICLES, ESCORT VEHICLE SERVICE PROVIDERS, AND ESCORT VEHICLE OPERATORS › Section 36-45-8 - Trip procedures

Current through Register Vol. 43, No. 28, July 11, 2024
Each EVO shall follow the procedures specified in this
				regulation when accompanying a load in Kansas.
(a) Limitation of the EV. No EV shall carry
			 any item, object, or device that meets any of the following conditions:
(1) Exceeds the maximum sizes and weights
			 specified in
			 K.S.A.
			 8-1902,
			 8-1904,
			 8-1908,
			 and
			 8-1909,
			 and amendments thereto;
(2) exceeds
			 the width, length, or height of the EV, excluding the height pole and the
			 required safety and visibility equipment;
(3) renders the EV unrecognizable as an EV by
			 the traveling public;
(4) obstructs
			 the view of the EVO, the driver of the load, or the view of the traveling
			 public;
(5) poses a safety risk to
			 the EVO, the driver of the load, or the traveling public; or
(6) restricts or impairs the EVO's ability to
			 operate the EV or limits the EVO's ability to comply with this article of the
			 department's regulations.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 45 - ESCORT VEHICLES, ESCORT VEHICLE SERVICE PROVIDERS, AND ESCORT VEHICLE OPERATORS › Section 36-45-10 - Determination of registration revocation or denial; registration committee

Current through Register Vol. 43, No. 28, July 11, 2024
The procedures specified in this regulation shall be followed
				for each determination to revoke or deny any EVSP registration.
(a) Determination of registration revocation
			 or denial.
(1) The registration of an EVSP
			 shall be revoked or denied by the EVSP registrar for failing to comply with any
			 provision of this article of the department's regulations or any other
			 applicable law.
(2) If the
			 registration of an EVSP is revoked or denied by the EVSP registrar, the EVSP
			 registrar shall provide written notice of the revocation or denial to the EVSP.
			 Each notice of revocation or denial shall be sent by certified mail to the EVSP
			 no more than 15 business days from the date the EVSP registrar revokes or
			 denies the registration of the EVSP.