CHAPTER 73
HOUSE BILL No. 2290
An Act relating to motor carriers; concerning the regulation
thereof; exemptions; amending
K.S.A. 66-1,108 and 66-1,129 and K.S.A. 2000 Supp. 66-1,109 and
repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 66-1,108 is
hereby amended to read as follows: 66-
1,108. (a) The term ``motor vehicle'' when used in this act
shall mean any
automobile, truck, trailer, semitrailer, tractor, motor bus
or any other self-
propelled or motor-driven vehicle used upon any of the
public highways
of the state for the purpose of transporting persons or
property.
(b) The term ``public highways''
when used in this act shall mean
every public street, alley, road or highway or thoroughfare
of any kind
used by the public.
(c) The term ``commission'' shall
mean the corporation commission
of the state of Kansas.
(d) The term ``person'' means and
includes any individual, firm, co-
partnership, corporation, company, association or their
lessees, trustees,
or receivers.
(e) The term ``public motor
carrier of property'' when used in this
act shall mean any person who holds himself out to the
public as willing
to undertake for hire to transport by motor vehicle, from
place to place,
the property of others who may choose to employ
him.
(f) The term ``public motor
carrier of passengers'' when used in this
act shall mean any person who holds himself out to the
public as willing
to undertake for hire to transport by motor vehicle, from
place to place,
persons who may choose to employ him.
(g) The term ``contract motor
carrier of property'' when used in this
act shall mean any person engaged in the transportation by
motor vehicle
of property for hire and not included in the term ``public
motor carrier
of property'' as herein defined.
(h) The term ``contract motor
carrier of passengers'' when used in
this act shall mean any person engaged in the
transportation by motor
vehicle of persons for hire and not included in the term
``public motor
carrier of passengers'' as hereinbefore
defined.
(i) The term ``private motor
carrier of property'' when used in this
act shall mean any person engaged in the transportation, by
motor vehicle,
of property sold or to be sold by him in the furtherance of
any commercial
enterprise other than transportation, but not as a public
motor carrier of
property, or a contract motor carrier of property:
Provided, That the
term
``private motor carrier of property'' shall also include a
person who trans-
ports the property of others by motor vehicle when such
transportation
is not for hire but is incident to or in furtherance of a
commercial enter-
prise of such person other than
transportation.
Evidence of ownership of the property
being transported shall not be
accepted as sufficient proof of a private carrier operation
if the carrier is
in fact engaged in the transportation of property for hire,
and not merely
as incident to or in furtherance of a commercial enterprise
other than
transportation. As used in this
act:
(a) ``Commission'' means the
corporation commission of the state of
Kansas;
(b) ``contract motor carrier of
property'' means any person engaged
in the transportation by motor vehicle of property for hire and
not in-
cluded in the term public motor carrier of property;
(c) ``contract motor carrier of
passengers'' means any person engaged
in the transportation by motor vehicle of persons for hire and
not included
in the term public motor carrier of passengers;
(d) ``household goods'' means property
and personal effects used or
to be used in a dwelling, when a part of the equipment or supply
of such
dwelling and such other similar property, as the commission may
provide
by rules and regulations, if the transportation of such effects
or property
is:
(1) Arranged and paid for by the
householder, including transpor-
tation of property from a factory or store when the property is
purchased
by the householder with intent to use in such householder's
dwelling; or
(2) arranged and paid for by another
party.
(e) ``motor carrier'' means any person
operating as a for hire motor
carrier or a private motor carrier, and any of their agents,
officers, rep-
resentatives, as well as employees responsible for hiring,
supervising,
training, assigning or dispatching of drivers and employees
concerned
with the installation, inspection and maintenance of motor
vehicle equip-
ment or accessories or both;
(f) ``motor vehicle'' means any
automobile, truck, trailer, semitrailer,
tractor, motor bus or any other self-propelled or motor-driven
vehicle
used upon any of the public highways of the state for the
purpose of
transporting persons or property;
(g) ``person'' means any individual,
firm, partnership, limited liability
partnership, corporation, limited liability company, association
or their
lessees, trustees or receivers;
(h) ``private motor carrier'' means a
person who provides transpor-
tation of property or passengers, by commercial vehicle and is
not a for
hire motor carrier;
(i) ``public highways'' means every
public street, alley, road or high-
way or thoroughfare of any kind used by the public;
(j) ``public motor carrier of
household goods'' means any person who
undertakes for hire to transport by motor vehicle from place to
place, the
household goods of others who may choose to employ the motor
carrier;
(k) ``public motor carrier of
passengers'' means any person who un-
dertakes for hire to transport by motor vehicle, from place to
place, per-
sons who may choose to employ the motor carrier; and
(l) ``public motor carrier of
property'' means any person who under-
takes for hire to transport by motor vehicle, from place to
place, the prop-
erty other than household goods of others who may choose to
employ the
motor carrier.
Sec. 2. K.S.A. 2000 Supp. 66-1,109
is hereby amended to read as
follows: 66-1,109. This act shall not require the following
carriers to obtain
a certificate, license or permit from the commission or file rates,
tariffs,
annual reports or provide proof of insurance with the
commission:
(a) Transportation by motor carriers
wholly within the corporate lim-
its of a city or village in this state, or between contiguous
cities or villages
in this state or in this and another state, or between any city or
village in
this or another state and the suburban territory in this state
within three
miles of the corporate limits thereof, or between
cities and villages in this
state and cities and villages in another state which are within
territory
designated as a commercial zone by the interstate commerce
commission
relevant federal authority, except that none of the
exemptions specified
in this subsection (a) shall apply to wrecker carriers and none of
such
exemptions shall apply to motor carriers of passengers, other than
motor
carriers of passengers operating as a part of the general transit
system
serving any such city or village in this or another state,
operating on reg-
ular routes and time schedules between any city or village in this
or an-
other state, and the suburban territory in this state;
(b) a private motor carrier who operates
within a radius of 25 miles
beyond the corporate limits of its city or village of domicile, or
who op-
erates between cities and villages in this state and cities and
villages in
another state which are within territory designated as a commercial
zone
by the interstate commerce commission relevant
federal authority;
(c) the owner of livestock or producer of
farm products transporting
livestock of such owner or farm products of such producer to market
in
a motor vehicle of such owner or producer, or the motor vehicle of
a
neighbor on the basis of barter or exchange for service or
employment,
or to such owner or producer transporting supplies for the use of
such
owner or producer in a motor vehicle of such owner or producer, or
in
the motor vehicle of a neighbor on the basis of barter or exchange
for
service or employment;
(d) persons operating motor vehicles used
only to transport property
when no common carrier is accessible, but when common-carrier
service
is available then this last exemption is limited to the
transportation of
such property from origin to the nearest practicable common-carrier
re-
ceiving or loading point, or from a common-carrier unloading point
by
way of the shortest practicable route to destination, providing
such motor
vehicle does not pass a practicable delivery or receiving point of
a com-
mon carrier equipped to transport such load, or when used to
transport
property from the point of origin to point of destination thereof
when
the destination of such property is less distant from the point of
origin
thereof than the nearest practicable common-carrier receiving or
loading
point equipped to transport such load;
(e) (1) the transportation of
children to and from school, or (2) to
motor vehicles owned by schools, colleges, and universities,
religious or
charitable organizations and institutions, or governmental
agencies, when
used to convey students, inmates, employees, athletic teams,
orchestras,
bands or other similar activities;
(f) a new vehicle dealer as defined by
K.S.A. 8-2401, and amend-
ments thereto, when transporting property to or from the place of
busi-
ness of such dealer;
(g) motor vehicles carrying tools,
property or material belonging to
the owner of the vehicle and used in repair, building or
construction work,
not having been sold or being transported for the purpose of
sale;
(h) persons operating motor vehicles
which have an ad valorem tax
situs in and are registered in the state of Kansas, and used only
to trans-
port grain from the producer to an elevator or other place for
storage or
sale for a distance of not to exceed 50 miles;
(i) the operation of hearses, funeral
coaches, funeral cars or ambu-
lances by motor carriers;
(j) motor vehicles owned and operated by
the United States, the Dis-
trict of Columbia, any state, any municipality or any other
political sub-
division of this state, including vehicles used exclusively for
handling U.S.
mail;
(k) any motor vehicle with a normal
seating capacity of not more than
the driver and 15 passengers while used for vanpooling or otherwise
not
for profit in transporting persons who, as a joint undertaking,
bear or
agree to bear all the costs of such operations, or motor vehicles
with a
normal seating capacity of not more than the driver and 15
passengers
for not-for-profit transportation by one or more employers of
employees
to and from the factories, plants, offices, institutions,
construction sites
or other places of like nature where such persons are employed or
ac-
customed to work;
(l) motor vehicles used to transport
water for domestic purposes or
livestock consumption;
(m) transportation of sand, gravel, slag
stone, limestone, crushed
stone, cinders, calcium chloride, bituminous or concrete paving
mixtures,
blacktop, dirt or fill material to a construction site, highway
maintenance
or construction project or other storage facility and the operation
of ready-
mix concrete trucks in transportation of ready-mix concrete;
(n) the operation of a vehicle used
exclusively for the transportation
of solid waste, as the same is defined by K.S.A. 65-3402, and
amendments
thereto, to any solid waste processing facility or solid waste
disposal area,
as the same is defined by K.S.A. 65-3402, and amendments
thereto;
(o) the transporting of vehicles used
solely in the custom combining
business when being transported by persons engaged in such
business;
(p) the operation of vehicles used for
servicing, repairing or trans-
porting of implements of husbandry, as defined in K.S.A. 8-1427,
and
amendments thereto, by a person actively engaged in the business
of
buying, selling or exchanging implements of husbandry, if such
operation
is within 100 miles of such person's established place of business
in this
state;
(q) transportation by taxi or bus
companies operated exclusively
within any city or within 25 miles of the point of its domicile in
a city;
(r) a vehicle being operated with a
dealer license plate issued under
K.S.A. 8-2406, and amendments thereto, and in compliance with
K.S.A.
8-136, and amendments thereto, and vehicles being operated with a
full-
privilege license plate issued under K.S.A. 8-2425, and
amendments
thereto;
(s) any person operating a motor vehicle
with a gross vehicle weight
rating of 10,000 pounds or less, transporting to or from an
arts or craft
show, hand-crafted products produced for resale by the
owner or operator
of such motor vehicle property sold or to be
sold by the owner or operator
of such motor vehicle, except motor vehicles transporting
hazardous ma-
terials which require placards.
As used in this subsection, ``gross vehicle
weight rating'' means the
value specified by the manufacturer as the maximum loaded weight of
a
single or a combination (articulated) vehicle. The gross vehicle
weight
rating of a combination (articulated) vehicle commonly referred to
as the
``gross combination weight rating'' is the gross vehicle weight
rating of
the power unit, plus the gross vehicle weight rating of the towed
unit or
units;
(t) the operation of vehicles used for
transporting materials used in
the servicing or repairing of the refractory linings of industrial
boilers;
and
(u) transportation of newspapers
published at least one time each
week.
Sec. 3. K.S.A. 66-1,129 is hereby
amended to read as follows: 66-
1,129. (a) The commission shall adopt rules and regulations
necessary to
carry out the provisions of this act. No public motor carrier of
property,
household goods or passengers, contract motor carrier of
property or pas-
sengers or private motor carrier of property shall operate or allow
the
operation of any motor vehicle on any public highway in this state
except
within the provisions of the rules and regulations adopted by the
com-
mission. Rules and regulations adopted by the commission shall
include:
(1) Every vehicle unit shall be
maintained in a safe and sanitary con-
dition at all times.
(2) Every driver of a public motor
carrier, operating as a carrier of
intrastate commerce within this state, shall be at least 18 years
of age.
Every driver of a contract motor carrier or private motor carrier,
oper-
ating as a carrier of intrastate commerce within this state, shall
be at least
16 years of age. All such drivers shall be competent to operate the
motor
vehicle under such driver's charge.
(3) Minimum age requirements for every
driver of a motor carrier,
operating as a carrier of interstate commerce, shall be consistent
with
federal motor carrier regulations.
(4) Hours of service for operators of all
motor carriers to which this
act applies shall be fixed by the commission.
(5) Accidents arising from or in
connection with the operation of mo-
tor carriers shall be reported to the commission within the time,
in the
detail and in the manner as the commission requires.
(6) Every motor carrier shall have
attached to each unit or vehicle
distinctive marking adopted by the commission.
(7) Motor carrier transportation
requirements that are consistent
with continuation of the federal motor carrier safety assistance
program
and other federal requirements concerning transportation of
hazardous
materials.
(b) No rules and regulations adopted by
the commission pursuant to
this section shall require the operator of any motor vehicle having
a gross
vehicle weight rating or gross combination weight rating of not
more than
10,000 pounds to submit to a physical examination, unless required
by
federal laws or regulations.
(c) Any rules and regulations of the
commission, adopted pursuant
to this section, shall not apply to the following, while engaged in
the
carriage of intrastate commerce in this state:
(1) The owner of livestock or producer of
farm products transporting
livestock of such owner or farm products of such producer to market
in
a motor vehicle of such owner or producer, or the motor vehicle of
a
neighbor on the basis of barter or exchange for service or
employment,
or to such owner or producer transporting supplies for the use of
such
owner or producer in or producer, or in the motor vehicle of a
neighbor
on the basis of barter or exchange for service or employment.
(2) The transportation of children to and
from school, or to motor
vehicles owned by schools, colleges, and universities, religious or
chari-
table organizations and institutions, or governmental agencies,
when used
to convey students, inmates, employees, athletic teams, orchestras,
bands
or other similar activities.
(3) Motor vehicles carrying
tools, property or material belonging to
the owner of the vehicle, and used in repair, building or
construction
work, not having been sold or being transported for the
purpose of sale,
except vehicles transporting hazardous materials which
require placards.
(3) Motor vehicles, with a gross
vehicle weight rating, as defined in
subsection (s) of K.S.A. 66-1,109, and amendments thereto, of
26,000
pounds or less, carrying tools, property or material belonging
to the owner
of the vehicle, and used in repair, building or construction
work, not
having been sold or being transported for the purpose of sale,
except
vehicles transporting hazardous materials which require
placards.
(4) Persons operating motor vehicles
which have an ad valorem tax
situs in and are registered in the state of Kansas, and used only
to trans-
port grain from the producer to an elevator or other place for
storage or
sale for a distance of not to exceed 50 miles.
(5) The operation of hearses, funeral
coaches, funeral cars or am-
bulances by motor carriers.
(6) Motor vehicles owned and operated by
the United States, the
District of Columbia, any state, any municipality or any other
political
subdivisions of this state.
(7) Any motor vehicle with a normal
seating capacity of not more
than the driver and 15 passengers while used for vanpooling or
otherwise
not for profit in transporting persons who, as a joint undertaking,
bear or
agree to bear all the costs of such operations, or motor vehicles
with a
normal seating capacity not more than the driver and 15 passengers
for
not-for-profit transportation by one or more employers of employees
to
and from the factories, plants, offices, institutions, construction
sites or
other places of like nature where such persons are employed or
accus-
tomed to work.
(8) Motor vehicles used to transport
water for domestic purposes or
livestock consumption.
(9) The operation of vehicles used for
servicing, repairing or trans-
porting of implements of husbandry, as defined in K.S.A. 8-1427,
and
amendments thereto, by a person actively engaged in the business
of
buying, selling or exchanging implements of husbandry, if such
operation
is within 100 miles of such person's established place of business
in this
state.
Sec. 4. K.S.A. 66-1,108 and
66-1,129 and K.S.A. 2000 Supp. 66-1,109
are hereby repealed.
Sec. 5. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved April 3, 2001.
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