reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-26a - Certain private motor carriers exempt from obtaining commission authority

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 private motor carrier engaged in the occasional transportation of personal
			 property that is not for compensation and is not in the furtherance of a
			 commercial enterprise shall not be required to apply for a certificate, permit,
			 or license.
(b) An interstate
			 private motor carrier shall not be required to perform any of the following to
			 enter the state of Kansas if that private motor carrier is exempt from safety
			 regulations pursuant to 49
			 C.F.R. 390.23 and
			 49 C.F.R.
			 390.25 as adopted by K.A.R. 82-4-3f :
(1) Obtain commission authority under K.A.R.
			 82-4-29 ;
(2) carry a registration
			 receipt pursuant to K.A.R. 82-4-30a(c) ; or
(3) obtain a permit and pay the special
			 clearance fee required by K.A.R. 82-4-42(b) .
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-27 - Applications for certificates of convenience and necessity and certificates of public service

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application for a certificate of convenience and necessity or a certificate of
			 public service shall be typewritten or printed on forms furnished by the
			 commission. An original and two copies shall be filed and shall contain the
			 following information:
(1) The address of the
			 applicant's principal office or place of business and the applicant's
			 residential address;
(2) a list of
			 each motor vehicle, by make, year, and vehicle identification number (VIN), to
			 be used by the applicant. If buses are to be used, the seating capacity of each
			 bus shall be included;
(3) the
			 commodity or commodities listed on form MCSA-1 that the applicant intends to
			 transport; and
(4) evidence of
			 compliance with the requirements of   K.A.R. 82-4-26(b).
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-27a - Applications for transfer of certificates of convenience and necessity and certificates of public service

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 certificate of convenience and necessity or a certificate of public service
			 issued to common motor carriers under the provisions of
			 K.S.A.
			 66-1,114 and
			 K.S.A.
			 66-1,114b, and amendments thereto, shall not
			 be assigned or transferred without the consent of the commission. The terms and
			 provisions of any certificate may reasonably be altered, restricted, or
			 modified by the commission, or restrictions may be imposed by the commission on
			 any transfers when the public interest may be best served.
(b) An application for the commission's
			 approval of the transfer of the common carrier certificate shall be completed
			 by both transferor and transferee and filed on forms prescribed by the
			 commission. Each applicant shall file an original and two copies of the
			 application with the commission. The application shall contain a certified or
			 sworn contract entered into by the parties that shall meet the following
			 criteria:
(1) Is filed as an exhibit with the
			 application;
(2) sets out in full
			 the agreement between the parties; and
(3) details all transferred items including
			 equipment, property, goodwill, assumption of debt, covenants not to compete,
			 and any other items relevant to the financial stability of the
			 parties.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-27c - Applications for transfer for purposes of change in the form of a business organization

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 application to transfer a certificate of convenience and necessity or a
			 certificate of public service issued to a common motor carrier shall be
			 considered by the commission without a hearing, pursuant to
			 K.S.A.
			 66-1,115a and amendments thereto, if the
			 transfer is required because of any change in the form of business
			 organization, including the following:
(1)
			 Incorporation of the limited liability company, sole proprietorship, limited
			 liability partnership, or partnership holding the certificate or permit to be
			 transferred;
(2) the dissolution of
			 the corporation holding the certificate or permit and the formation of a
			 limited liability company, partnership, limited liability partnership, or sole
			 proprietorship by the entities comprising the former corporation;
(3) the dissolution of the limited liability
			 company holding the certificate or permit and the formation of a partnership,
			 limited liability partnership, or sole proprietorship by the entities
			 comprising the former limited liability company;
(4) the dissolution of the limited liability
			 partnership holding the certificate or permit and the formation of a limited
			 liability company, partnership, or sole proprietorship by the entities
			 comprising the former limited liability partnership; or
(5) the dissolution of the partnership
			 holding the certificate or permit and formation of a sole proprietorship by a
			 former partner.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-27e - Application to merge or consolidate in-trastate common authority; application to acquire control or management of an intrastate common motor carrier operation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 individuals, partnerships, limited liability companies, limited liability
			 partnerships, and corporations who intend to merge, consolidate, or acquire
			 control or management of a motor carrier operation that possesses common
			 interstate authority as well as intra-state authority, or possesses intrastate
			 authority, shall first apply to the commission for authority to do so. The
			 merger, consolidation, or acquisition may be accomplished by means including
			 stock acquisition by a new motor carrier, new owner, or new majority
			 stockholder; transfer of a partnership interest; or a conditional sales
			 contract.
(b) Each entity who has
			 received approval or exemption from the relevant federal agency to make any
			 transaction described in subsection (a) shall send a copy of that approval or
			 exemption to the commission and provide the information specified in subsection
			 (d) on the required application.
(c) Each entity that desires to make any
			 transaction described in subsection (a) and has not received approval or
			 exemption of the relevant federal authority shall provide the information
			 specified in subsections (d) and (e) and comply with the requirements of
			 subsection (f).
(d) Each applicant
			 shall file an original and two copies of the application with the commission.
			 The application shall contain the following information:
(1) The background of the transaction,
			 including the names of the entities involved, their addresses, the reasons for
			 the transaction, and items to be retained, including equipment, property, and
			 any other item relevant to the transaction; and
(2) a signed affidavit stating whether or not
			 all ad valorem taxes have been paid to the state of Kansas and who shall be
			 responsible for paying any outstanding ad valorem tax obligation.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-27g - Applications for transfer for purposes of name change of a motor carrier

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any application
			 to transfer a certificate of convenience and necessity or a certificate of
			 public service because of a name change of an entity holding a certificate or
			 permit shall be considered by the commission without a hearing, pursuant to
			 K.S.A.
			 66-1,115a, and amendments thereto. The
			 application shall state the reasons for the name change.
(b) Any name change requested because of a
			 change in the form of business shall be filed pursuant to K.A.R. 82-4-27c.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-29 - Applications for private carrier permits

Current through Register Vol. 43, No. 28, July 11, 2024
Each application for a private carrier permit shall be
				submitted on forms furnished by the commission and shall contain the
				following:
(a) The name, street
			 address, and mailing address of the applicant, and the title under which the
			 applicant proposes to operate;
(b)
			 a list of motor vehicles to be used by the applicant by make, year, and vehicle
			 identification number;
(c) the
			 commodities that the applicant intends to transport;
(d) the nature of the enterprise or
			 enterprises for which commodities are to be transported; and
(e) evidence of compliance with K.A.R.
			 82-4-26(b) .
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-29a - Application for authorization of joint registration of equipment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application for authorization of joint registration of equipment shall be
			 typewritten or printed on forms furnished by the commission. An original and
			 two copies shall be filed and shall contain the following:
(1) The full and accurate names and addresses
			 of the applicants;
(2) the motor
			 carrier identification number under which authority for joint registration of
			 equipment is sought;
(3) a balance
			 sheet and income statement issued for the most recent 12 months of data
			 available; and
(4) a certified or
			 sworn statement by each applicant indicating all of the following:
(A) The applicant will jointly be in
			 compliance with the state laws and regulations of the commission.
(B) Equipment utilized by the applicant will
			 be properly marked and identified to reflect the authority under which the
			 equipment is being jointly operated.
(C) The applicant presently has registered
			 and is operating units of motor carrier equipment pursuant to the operating
			 authority issued by the commission.
(D) The applicant will provide a list of the
			 names of other carriers with whom the applicant currently has joint
			 registration issued by the commission.
(E) The applicant will provide a list of the
			 equipment to be registered under the joint application.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-30a - Applications for interstate registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) For the purposes of this regulation, "base
			 state" shall have one of the following meanings:
(A) The meaning assigned to "base-state" in  49 U.S.C. 14504a(a)(2), as adopted in paragraph (a)(2) of this regulation;
			 or
(B) If an entity does not have a
			 principal place of business, office, or operating facility in any participating
			 state, the participating state chosen by the entity that is nearest to the
			 location of the entity's principal place of business or any participating state
			 within the entity's FMCSA region.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-32 - Completing motor carrier applications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant filing an application for
			 an intrastate common carrier certificate, interstate license, or private
			 carrier permit shall provide the commission with all information required to
			 complete the application within 30 days of the original filing date. Any
			 application that is not completed within 30 days of the original filing date
			 may be dismissed without further notice, at the discretion of the
			 commission.
(b) All information
			 required to complete a filing for a certificate of convenience and necessity,
			 certificate of public service, or a private carrier permit shall be provided to
			 the commission within 90 days of the date of application, or within 30 days
			 after the date of the hearing if the application requires a hearing. If the
			 required information is not provided within the applicable time period, the
			 application may be dismissed by the commission without further
			 notice.
(c) Required application
			 fees shall not be refunded if the application is dismissed by the applicant or
			 the commission.
(d) Fees may be
			 remitted by personal check, cash, certified check, money order, or electronic
			 transfer of funds.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-33 - Service of process

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 applicant for a certificate, permit, or license who is not a resident of Kansas
			 shall not be granted a certificate, permit, or license until the applicant
			 designates an agent who is a resident of the state of Kansas to be a process
			 agent for and on behalf of the applicant.
(b) Each interstate regulated carrier shall
			 provide and maintain the name of the carrier's agent for service of process
			 with the carrier's registration state, pursuant to 49 C.F.R. Part 367, as
			 adopted by K.A.R. 82-4-30a .
(c)
			 This regulation shall not apply to private carrier applicants. This regulation
			 shall not be construed to relieve motor carriers from the obligation to comply
			 with K.S.A 60-305a, and amendments
			 thereto.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-35 - Preserving certificates or permits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All intrastate motor carriers and drivers
			 of vehicles registered under certificates or permits shall, at all times, carry
			 on every vehicle operated under the certificate or permit an authority card,
			 issued by the commission, that specifies the operating authority granted by the
			 commission under the certificate or permit.
(b) Copies of certificate or permits issued
			 by the commission shall be carefully preserved by the holders.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-35a - Inspections of motor carrier documents

Current through Register Vol. 43, No. 28, July 11, 2024
The following documents shall be made available upon request
				for inspection by any duly authorized representative of the commission, the
				state highway patrol, or other law enforcement officers:
(a) Registration receipts;
(b) authority cards;
(c) driver logs;
(d) bills of lading or shipping
			 receipts;
(e) waybills;
(f) freight bills;
(g) run tickets, or equivalent documents, and
			 orders;
(h) cab cards;
(i) fuel receipts;
(j) toll road receipts; and
(k) any other documents that would indicate
			 compliance with hours of service requirements.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-39 - Surrender of identification cards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If operations are abandoned under any
			 certificate, permit, or license or upon cancellation or revocation of any
			 certificate, permit, or license by the commission, all identification cards,
			 authority cards, and registration receipts issued under the certificate,
			 permit, or license shall be forwarded to the commission upon the carrier's
			 receipt of the notice of commission consent to abandon or cancel or the notice
			 of revocation.
(b) If by order of
			 the commission or otherwise, operations are suspended under any certificate,
			 permit, or license, the carrier shall remove all identification cards issued
			 under the certificate, permit, or license, from all vehicles upon the carrier's
			 receipt of the notice of commission consent to abandon or cancel or the notice
			 of revocation.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-42 - Emergency and occasional equipment

Current through Register Vol. 43, No. 28, July 11, 2024
(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, or otherwise, to operate
			 additional equipment or special equipment in substitution of regular registered
			 equipment. Any motor carrier authorized to operate in intrastate commerce may
			 perform either of the following:
(1) Transfer
			 Kansas operating authority from regularly registered equipment to temporary or
			 new equipment online. Regular registered equipment for which special equipment
			 is being substituted shall not be operated at the same time that the special
			 equipment is being operated; or
(2)
			 add the special equipment to the motor carrier's profile and submit payment of
			 the registration fee. The registration fee for the additional or special
			 equipment shall be $10.00 for each truck or truck-tractor.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-47 - Loss or damage to baggage

Current through Register Vol. 43, No. 28, July 11, 2024
A common motor carrier's liability in case of loss or damage to
				baggage while in the carrier's possession shall be determined in accordance
				with the provisions of the motor carrier's tariff on file with the commission,
				provided, that the provisions are not in conflict with the statutes or the
				established common law of the state of Kansas.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-48 - Bills of lading and freight bills

Current through Register Vol. 43, No. 28, July 11, 2024
(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 intrastate
			 commerce.
(b) Each common motor
			 carrier transporting property, other than household goods, and 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 property tendered for intrastate commerce.
(c) Each bill of lading shall include the
			 following:
(1) The name and address of the
			 motor carrier;
(2) the name and
			 address of the consignor and consignee;
(3) the date of shipment;
(4) the origin and destination of the
			 shipment;
(5) the signature of the
			 motor carrier or its agent;
(6) a
			 description of the shipment, including the number of packages, or the weight or
			 volume;
(7) a released value clause
			 as prescribed in
			 K.S.A.
			 84-7-309, and amendments thereto, printed on
			 the front of the document, if applicable; and
(8) on request of the shipper, a written or
			 electronic copy of the rate, classification, rules, and practices upon which
			 any rate applicable to a shipment, or agreed to between the shipper and the
			 carrier, is based. The copy provided by the carrier shall clearly state the
			 dates of applicability of the rate, classification, rules, or
			 practices.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-50 - Passenger carriers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the
			 following exceptions, 49 C.F.R. Part 374, as in effect on October 1, 2018, is
			 hereby adopted by reference:
(1) Each
			 occurrence of the phrase "49 U.S.C. subtitle IV, part B" shall be deleted and
			 replaced by "commission rules and regulations."
(2) Each occurrence of the phrase "or
			 foreign" shall be deleted.
(3) In
			  49 C.F.R. 374.111, the phrase "or Commission" shall be inserted after
			 "Secretary."
(4) In  49 C.F.R. 374.307, each occurrence of the word "Secretary" shall be deleted and replaced
			 by "commission rules and regulations."
(5)
									49 C.F.R. 374.315  shall be
			 deleted.
(6) In  49 C.F.R. 374.401(a), the phrase " 49 U.S.C. 13501 " shall be deleted and replaced by
			 "commission rules and regulations."
(7) In  49 C.F.R. 374.403, the term "FMCSA"
			 shall be followed by "and Kansas Corporation Commission."
(8) In  49 C.F.R. 374.501, the phrase
			 "authorized under  49 U.S.C. 13506 " shall be deleted.
(9) In  49 C.F.R. 374.503, the phrase "or
			 intrastate" shall be added after the word "interstate."
(10) In  49 C.F.R. 374.505, paragraphs (c) and
			 (d) shall be deleted.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-53 - Common motor carrier rates and charges

Current through Register Vol. 43, No. 28, July 11, 2024
(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. The carriers shall keep open for public
			 inspection, at their principal offices and locations at which they have
			 employed exclusive agents, all intrastate tariff publications applicable to
			 their lines from or to their stations.
(b) Each change to a tariff publication shall
			 be made subject to 30-day notice to the public and the commission, unless
			 otherwise authorized by the commission. tariff publications of motor carriers
			 effecting changes resulting in increases in charges, either directly or by
			 means of any change in the regulation or practice affecting a charge or value
			 of service, may be filed on one-day notice to the commission and the public.
			 Applicants granted new authority may file tariffs to be effective on one-day
			 notice. Transferees may adopt the existing tariffs of transferors to be
			 effective on one-day notice.
(c)
			 tariff publication, except general rate increases, shall not go into effect
			 without prior approval of the commission. The publications shall be subject to
			 protest and suspension. All publications shall be accompanied by a full and
			 complete statement citing the reasons and justifications for the
			 changes.
(d) General rate increases
			 shall be made only by fling an application and after approval of the
			 commission.
(e) Protests of tariff
			 publications shall be considered only if received by the commission at least 12
			 days before the published effective date of publications. Pursuant to protest
			 or on the commission's own motion without protest, postponement of an effective
			 date may be ordered by the commission to permit the matter to be properly
			 investigated. Unless otherwise ordered by the commission, publication shall
			 become effective as filed. Publications shall not be postponed to exceed 90
			 days.
(f) All tariff publications
			 shall be made in compliance with the commission's regulations governing the
			 publication and fling of household goods and passenger rates and
			 charges.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-54 - Tariff publication to become effective on less than 30-day notice

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Departure 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 convince the commission that publication
			 should be made on short notice.
(b)
			 The applicant shall provide all related facts or circumstances that could aid
			 the commission in determining if the request is justified. If permission to
			 establish provisions on less than the required notice is sought, the applicant
			 shall state why the proposed provisions could not have been established upon
			 30-day notice.
(c) Permission to
			 allow a tariff to become effective on less than 30-day notice shall be granted
			 in cases for which good cause is shown. The desire to meet tariff publications
			 of a competing carrier that has been filed on 30-day notice or one-day notice
			 may be considered a factor for permitting publication on short
			 notice.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-55 - Procedure for filing a request for postponement of tariff publications

Current through Register Vol. 43, No. 28, July 11, 2024
(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 specific items or particular
			 provisions protested. The protest shall state the grounds, indicate in what
			 respect the protested tariff publication is considered unlawful, and state what
			 the protestant offers as a substitution. Each protest shall be addressed to the
			 commission. A protest shall not include a request that it also be considered as
			 a formal complaint. If a protestant desires to proceed further against a tariff
			 publication that is not postponed or that has been postponed and the
			 postponement vacated, a separate, later, formal complaint or petition shall be
			 filed.
(b) Protests against, and
			 requests for, postponement of tariff publications filed under this regulation
			 shall not be considered unless made in writing and filed with the commission in
			 Topeka, Kansas. The original and five copies of each request for postponement
			 shall be filed with the commission at least 12 days before the effective date
			 of the tariff publication, unless the protested publication was filed on less
			 than 30-day notice under the authority of this commission, in which event the
			 protests shall be filed at the earliest possible date. In an emergency,
			 protests submitted by fax shall be acceptable if they fully comply with
			 subsection (a) and copies are simultaneously faxed by protestants to the
			 respondent carriers or their publishing agents. An original and five copies of
			 the fax shall simultaneously be mailed by the protestants to the commission in
			 Topeka.
(c) An original and five
			 copies of each protest or reply filed under this regulation shall be filed with
			 the commission no later than 10 days after the publication of the tariff, and
			 one copy of the protest shall simultaneously be served upon the publishing
			 carrier or agent and upon other known interested parties.
(d) Each order instituting an investigation
			 shall be served by the commission upon respondents. If the respondent fails to
			 comply with any requirements or time period specified in the order, the
			 respondent shall be deemed to be in default and to have waived any further
			 hearing. The investigation may then be decided without further
			 proceedings.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-56a - Household goods and passenger carrier tariffs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each tariff shall be typewriten, 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
			 information:
(1) In the upper right-hand
			 corner, the K.C.C. number of the tariff and, immediately below that, the K.C.C.
			 number of the tariff canceled, if any. The first tariff issued by each carrier
			 shall be numbered "K.C.C. no. 1"; succeeding tariffs shall be numbered
			 consecutively. This information may be shown elsewhere on the page or on the
			 second page of the tariff, if the tariff applies to interstate as well as
			 intrastate traffic;
(2) the name of
			 the carrier, individual, or organization issuing the tariff;
(3) the names of the participating carriers
			 or a reference to the page in the tariff containing that information;
(4) if the tariff is a passenger or household
			 goods tariff, the tariff names' class rates, commodity rates, mileages, rules,
			 one-way fares, round-trip fares, excursion fares, and appropriate designation,
			 if the tariff applies to local traffic, joint traffic, or both;
(5) specific references to the classification
			 and to publications containing any exceptions to the classification governing
			 the rates named in the tariff;
(6)
			 the issued and effective dates; and
(7) the name, title, and complete address of
			 the party issuing the tariff.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-57 - Powers of attorney and concurrences

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A household goods or passenger carrier
			 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 household goods or passenger carrier wants to concur in tariffs issued and
			 filed by another carrier or by its agent, a concurrence in substantially the
			 same form as that prescribed by the USDOT for use in similar instances, with
			 references to the interstate tariffs, shall be issued in favor of the issuing
			 carrier.
(c) The original of all
			 powers of attorney and concurrences shall be filed with the commission, and a
			 duplicate of the original shall be sent to the agent or carrier on whose behalf
			 the document is issued.
(d) If a
			 household goods or passenger carrier wants to revoke a power of attorney or
			 concurrence, a notice shall be filed with the commission, the carrier's agent
			 or agents, and any other carrier affected by the revocation. The notice shall
			 be filed at least 30 days before the effective date.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-58 - Suspension or modification of tariff regulations

Current through Register Vol. 43, No. 28, July 11, 2024
Upon written application and a showing of good cause, common
				carrier tariff regulations may be suspended or modified by the commission to
				cover unusual instances.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-63 - Contested and uncontested motor carrier hearings

Current through Register Vol. 43, No. 28, July 11, 2024
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 intervenors, or both, appear at the hearing
				held on the application and present testimony or evidence in support of their
				contentions, present a question or questions of law, or cross-examine the
				applicant's witnesses with regard to the application. If neither protestants
				nor intervenors appear and offer testimony or evidence in support of their
				contentions, raise a question of law, or cross-examine the applicant's
				witnesses with reference to any pending application, the application shall be
				considered as uncontested.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-65 - Protestants

Current through Register Vol. 43, No. 28, July 11, 2024
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 shall identify the name and address of the
			 protestant and the title and docket number of the proceeding. The protest shall
			 include specific allegations as to how the applicant is not fit, willing, and
			 able, or fit, knowledgeable, and in compliance with the commission safety
			 regulations, to perform these services or how the proposed services are
			 otherwise inconsistent with the public convenience and necessity.
(b) If the protestant opposes only a portion
			 of the proposed application, the protestant shall state with specificity the
			 objectionable portion.
(c) The
			 protest shall be filed in triplicate with the commission within 10 days after
			 publication of the notice in the Kansas register. Failure to file a timely
			 protest shall preclude the interested person from appearing as a
			 protestant.
(d) Each protestant
			 shall serve the protest upon the applicant when or before the protestant files
			 the protest with the commission. The protest shall not be served on the
			 applicant by the commission.
(e) To
			 secure consideration of a protest, the protestant or intervenor shall offer
			 evidence or a statement or shall participate in the hearing.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-68 - Collective rate-making agreements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Motor carriers of household goods and
			 passengers may enter into an agreement with one or more of these carriers
			 concerning rates, allowances, classifications, divisions, or rules related to
			 them or procedures for joint consideration, initiation, or establishment of
			 them. The agreement and all amendments shall be submitted to the commission for
			 approval by the carriers that are parties to the agreement and shall be
			 approved by the commission upon a finding that the agreement fulfills the
			 requirements of
			 K.S.A.
			 66-1,112, and amendments thereto, and the
			 regulations of the commission. The agreement shall be administered by an
			 organization designated by the carriers who are parties to the
			 agreement.
(b) The agreement shall
			 contain, at a minimum, provisions for the following:
(1) Election of rate commitees and procedures
			 for appointments to fill vacancies;
(2) initiation of rate proposals;
(3) recordkeeping;
(4) tariff participation fees for
			 services;
(5) open
			 meetings;
(6) quorum
			 standards;
(7) proxy voting by
			 members;
(8) role of employees in
			 docketing proposals;
(9) notice of
			 docket proposals and rate commitee hearings;
(10) voting on rate proposals by member
			 carriers;
(11) right of independent
			 action;
(12) docketing of
			 independent action;
(13) the names,
			 addresses, and telephone numbers of carriers who are parties to the
			 agreement;
(14) the names and
			 addresses of each of its affiliates and of officers and directors of the
			 carriers who are parties to the agreement;
(15) the carriers' motor carrier
			 identification number assigned by the commission;
(16) the name, address, and telephone number
			 of the organization that will administer the agreement;
(17) final disposition of cases
			 docketed;
(18) prohibitions of the
			 organization from protesting carrier proposals;
(19) amendments to the agreement;
			 and
(20) powers of
			 attorney.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-69 - Applications for approval of collective rate-making agreements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The carriers'
			 party to the agreement shall submit an application to the commission and attach
			 a copy of the organization's articles of incorporation, bylaws, or other
			 documents, specifying the powers, duties, and procedures of the organization.
			 The organization for the carriers shall provide the commission with an
			 organization chart, a complete description of the organization, including any
			 subunits and their functions and methods of operations, together with the
			 territorial scope of its operation.
(b) The application and supporting documents
			 shall specify the following items:
(1) The
			 full and correct name and business address of the carriers who seek approval of
			 the agreement and whether carrier applicants are corporations, limited
			 liability companies, individuals, partnerships, or limited liability
			 partnerships. If a corporation, the laws under which it was incorporated shall
			 be included. If a limited liability company, the laws under which it was
			 organized shall be included. If a limited liability partnership, the laws under
			 which it was organized shall be included. If a partnership, the names and
			 addresses of all partners and the date of formation of partnership shall be
			 included;
(2) the motor carrier
			 identification number assigned by the commission to each participating
			 applicant;
(3) the name and
			 business address of the organization that will administer the agreement;
(4) the facts and circumstances
			 relied upon to establish that the agreement is in the public interest;
(5) the name, title, and business
			 address of counsel, officers, or any other person to whom correspondence and
			 notice are to be addressed;
(6) a
			 true copy of the agreement and an opinion of a counsel for the applicant that
			 the application made meets the requirements of
			 K.S.A.
			 66-1,112, and amendments thereto, and
			 commission regulations; and
(7) a
			 prepared public notice to be published in the Kansas Register stating the fact
			 that an application has been filed under these rules, and the date of the
			 hearing, if required by the commission.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-70 - Record keeping responsibilities

Current through Register Vol. 43, No. 28, July 11, 2024
The organization shall maintain records and minutes of all acts
				pertaining to joint consideration, initiation and establishment of tariff
				publications and shall submit written reports to the commission on these
				activities as the commission from time to time may require. Minutes and voting
				records shall be made available to the commission upon written request.
				Minutes, voting records and a complete file of all tariffs issued under the
				agreement shall be maintained by the organization for at least three years.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-71 - Charges for services

Current through Register Vol. 43, No. 28, July 11, 2024
The organization shall, in the agreement, provide the
				commission with a basic schedule of its tariff participation fees applicable to
				parties to the agreement. If expenses are divided among parties to the
				agreement, the organization shall provide a statement showing how the expenses
				are divided. The organization shall also provide the commission with any
				amendments to the basic charges.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-72 - Open meetings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An organization
			 shall admit any person to any meeting at which rates or rules will be discussed
			 or voted upon.
(b) Upon written
			 request, the organization shall divulge to any person the name of the proponent
			 of a rule or rate docketed with it, and shall divulge to any person the vote by
			 any member carrier on any proposal before the organization.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-73 - Quorum standard

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At any meeting
			 of carriers party to the agreement or carrier committees at which rates, rules
			 or classifications are discussed or considered, 30 percent of the carriers
			 party to the agreement or 50 percent of the committee shall constitute a
			 quorum. The quorum requirement shall apply to any meeting when discussion
			 includes general rate increases and decreases, tariff restructuring, commodity
			 classification, or rules and classifications changes proposed for tariff
			 publication. Carrier members present by means of a proxy shall count towards
			 the satisfaction of the quorum requirement. There shall be no voting unless at
			 least one member carrier is present and possesses the authority for a lawful
			 vote.
(b) Exceptions to the quorum
			 standard may be granted upon a showing to the commission of genuine hardship.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-74 - Voting on rate proposals

Current through Register Vol. 43, No. 28, July 11, 2024
The organization shall allow any participating member carrier
				to discuss any rate proposal docketed. Only those carriers with authority to
				participate in the transportation to which the rate proposal applies shall vote
				upon the rate proposal.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-75 - Proxy voting

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 organization shall not allow a carrier to vote for one or more other carriers
			 without specific written authority from the carrier being represented.
(b) While any member carrier may
			 discuss any collectively established rate proposals docketed, only carriers
			 with authority to participate in the transportation to which the proposed rates
			 apply shall vote on the rates.
(c)
			 To vote for an absentee, a carrier shall possess a written proxy containing the
			 grantor or grantors signature, the specific items or items for which the vote
			 is released, directions on voting, and certification of authority. A written
			 affirmation shall be made by each carrier for itself and by each grantor of a
			 proxy.
(d) The organization shall
			 provide standard proxy forms to members, and a copy of all proxies exercised
			 and the written certification of authority executed by the proxy holder for the
			 grantor shall be made part of the voting record. There is no limit to the
			 number of proxies a carrier may hold. A proxy may be revoked at any time by a
			 subsequent written revocation or by the carrier appearing at the meeting and
			 voting on its own behalf.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-76 - Notification and consideration of rate proposals

Current through Register Vol. 43, No. 28, July 11, 2024
General rate increases or decreases, joint rates, changes in
				commodity classification, changes in tariff structures and publishing of
				tariffs may be discussed and voted on at any meeting only if:
(a) Shippers receive detailed notice of
			 meetings and agenda, through docket service, at least 15 days prior to the time
			 a proposal is to be discussed or voted upon;
(b) shippers are accorded the opportunity to
			 present either oral or written comments for consideration at the meeting;
(c) shippers' comments are given
			 appropriate weight and consideration in discussion and voting upon the
			 proposals;
(d) discussion of
			 general rate increase or decrease is limited to industry average carrier cost
			 information;
(e) any person
			 attending those meetings is permitted to take notes and make sound recordings;
			 and
(f) the organization maintains
			 detailed minutes of all meetings.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-77 - Right of independent action

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An organization shall not interfere with
			 each of that organization's carrier's right to independent action. That
			 organization shall not change or cancel any rate established by independent
			 action other than a general increase or broad rate restructuring. However,
			 changes in the rates may be effected, with the written consent of the carrier
			 or carriers that initiated the independent action, for the purpose of tariff
			 simplification, removal of discrimination, or elimination of obsolete
			 items.
(b) Collective adjustments
			 pursuant to
			 K.S.A.
			 66-1,112, and amendments thereto, shall not
			 cancel rate or rule differentials or differences in rates or rules existing as
			 a result of any independent action taken previously, unless the proponent and
			 any other participant in that independent action desires to eliminate the rate
			 differential or application and notifies the organization in writing of its
			 consent.
(c) Independent action
			 shall mean any action taken by a common carrier member of an organization to
			 perform any of the following:
(1) Establish a
			 rate to be published in the appropriate rate tariff or cancel a rate for that
			 carrier's account;
(2) instruct the
			 organization publishing the rate tariff that the existing rate or rates,
			 whether established by independent action or collective action, proposed to be
			 changed or cancelled be retained for that carrier's account and published in
			 the appropriate tariff; or
(3)
			 publish for the common carrier's account, in the appropriate tariff, a rate
			 established by the independent action of another carrier. This definition shall
			 apply regardless of the manner in which the carrier joins in the rate, if the
			 rate published for the joining carrier's account is the same as the rate
			 established by the other carrier under independent action.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-78 - Docketing of independent action

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Proponents of
			 independent actions shall have the absolute right to decide whether or when
			 organizations will docket these actions.
(b) The organization shall comply with the
			 instructions of the proponent of an independent action with regard to whether
			 or not the action should be docketed, and in the absence of explicit
			 instructions shall refrain from docketing until the proposal has been filed
			 with the commission.
(c) There
			 shall be no collective discussion of independent actions as defined in K.A.R.
			 82-4-77 until they have been filed with the commission.