Kan. Admin. Regs. § 82-4-3a

Current through Register Vol. 43, No. 46, November 14, 2024

Section 82-4-3a - Hours of service

(a)

(1) With the following exceptions, 49 C.F.R. Part 395, as in effect on October 1, 2015 and as amended by 80 fed. reg. 78383-78416 (2015), excluding appendix A to subpart B, and 81 fed. reg. 47721-47722 (2016), is hereby adopted by reference:

(A) The following revisions shall be made to 49 C.F.R. 395.1:

(i)49 C.F.R. 395.1(a)(2) shall be deleted.

(ii) In paragraph (b), the phrase "Except as provided in paragraph (h)(2) of this section," shall be deleted.

(iii) In paragraph (g)(1)(i), the phrase "393.76 of this subchapter" shall be deleted and replaced with " 49 C.F.R. 393.76 as adopted by K.A.R. 82-4-3i."

(iv) In paragraph (g)(1)(i)(B), the phrase ", or, in the case of drivers in Alaska, the driving limit specified in § 395.1(h)(1)(i)-(ii)," shall be deleted.

(v) In paragraph (g)(1)(i)(C), the phrase ", or in the case of drivers in Alaska, the period specified in § 395.1(h)(1)(ii)," shall be deleted.

(vi) In paragraph (g)(1)(ii)(C), the phrase "- or, for calculation of the 20-hour period in § 395.1(h)(1)(ii) for drivers in Alaska, all on-duty time-" shall be deleted.

(vii) In paragraph (g)(2), the phrase "393.76 of this sub-chapter" shall be deleted and replaced with " 49 C.F.R. 393.76 as adopted by K.A.R. 82-4-3i."

(viii) In paragraph (g)(3), the phrase "393.76 of this sub-chapter" shall be deleted and replaced with " 49 C.F.R. 393.76 as adopted by K.A.R. 82-4-3i."

(ix)49 C.F.R. 395.1(h) shall be deleted.

(x)49 C.F.R. 395.1(i) shall be deleted.

(xi) In paragraph (k), the phrase "each State" shall be deleted and replaced with "the state of Kansas." The following shall be added after subparagraph (3): "(4) 'Planting and harvesting seasons' means the time periods for planting, growing, and harvesting that occur between January 1 and December 31."

(xii) In paragraph (q), the phrase " 49 CFR 397.5 " shall be deleted and replaced with " 49 C.F.R. 397.5 as adopted by K.A.R. 82-4-3k."

(xiii) In paragraph (s), the phrase " 49 CFR 390.5 " shall be deleted and replaced with " 49 C.F.R. 390.5 as adopted by K.A.R. 82-4-3f."

(xiv) In paragraph (x), the phrase " 49 CFR 390.38(b) " shall be deleted and replaced with " 49 C.F.R. 390.38(b) as adopted by K.A.R. 82-4-3f."

(B) The following revisions shall be made to 49 C.F.R. 395.2:

(i) In the definition of "farm supplies for agricultural purposes," the phrase "each State" shall be deleted and replaced with "the state of Kansas." The phrase "the State" shall be deleted and replaced with "the commission."

(ii) In paragraph (4)(i) of the definition of "on duty time," the phrase "§ 397.5 of this subchapter" shall be deleted and replaced with " 49 C.F.R. 397.5 as adopted by K.A.R. 82-4-3k."

(iii) In paragraph (7) of the definition of "on duty time," the phrase "part 382 of this subchapter" shall be deleted and replaced with "49 C.F.R. Part 382 as adopted by K.A.R. 82-4-3c."

(iv) The definition of "signal employee" shall be deleted and replaced with the following: "'Signal employee' means an individual who is engaged in installing, repairing or maintaining signal systems."

(v) The definition of "sleeper berth" shall be deleted and replaced by the following: "'Sleeper berth' means a berth conforming to the requirements of 49 C.F.R. 393.76, as adopted in K.A.R. 82-4-3i."

(vi) In the definition of "transportation of construction materials and equipment," the following text shall be deleted: ", except that a State, upon notice to the Administrator, may establish a different air mile radius limitation for purposes of this definition if such limitation is between 50 and 75 air miles and applies only to movements that take place entirely within the State. This paragraph does not apply to the transportation of material found by the Secretary to be hazardous under 49 U.S.C. 5103 in a quantity requiring placarding under regulations issued to carry out such section."

(C) The following revisions shall be made to 49 C.F.R. 395.3:

(i) Paragraph (c)(1) shall be deleted and replaced with the following: "Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours."

(ii) Paragraph (c)(2) shall be deleted and replaced with the following: "Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours."

(iii) Paragraph (d) shall be deleted.

(D) The following changes shall be made to 49 C.F.R. 395.8:

(i) In paragraph (a)(1), the phrase "§ 390.5" shall be deleted and replaced with " 49 C.F.R. 390.5 as adopted by K.A.R. 82-4-3f."

(ii) All references to "December 18, 2017" shall be replaced with "January 3, 2018."

(E) The following revisions shall be made to 49 C.F.R. 395.11:

(i) In paragraph (a), "December 18, 2017" shall be replaced by "January 3, 2018."

(ii) Paragraphs (h)(1), (h)(2), and (h)(3) shall be deleted and replaced with the following: "A carrier utilizing an FMCSA authorized supporting document self-compliance system will be deemed to comply with K.A.R. 82-4-3a."

(F) The following revisions shall be made to 49 C.F.R. 395.13:

(i) In paragraph (a), the phrase "every special agent of the Federal Motor Carrier Safety Administration (as defined in appendix B to this subchapter)" shall be deleted and replaced by "any authorized representative of the commission, and any member of the Kansas highway patrol or any other law enforcement officer in the state who is certified in the inspection of motor carriers based on the motor carrier safety assistance program standards."

(ii)49 C.F.R. 395.13(c)(2) shall be deleted and replaced by the following: "Within fifteen days following the date any driver is placed out of service, the motor carrier that employed the driver shall personally deliver or place in the U.S. mail to the state director of transportation and to the federal motor carrier safety administration a signed certification in a form acceptable to the commission. Any signed certification acceptable to the commission shall include the following information:

(i)" All violations have been corrected;

(ii)" action has been taken to ensure compliance with 49 C.F.R. 395.1, 49 C.F.R. 395.2, 49 C.F.R. 395.3, 49 C.F.R. 395.5, 49 C.F.R. 395.8, 49 C.F.R. 395.13, and 49 C.F.R. 395.15, each as adopted by K.A.R. 82-4-3a; and

(iii)" the motor carrier understands that false certification can result in appropriate enforcement action."

(iii)49 C.F.R. 395.13(d)(4) shall be deleted and replaced with the following: " 49 C.F.R. 395.13 as adopted by K.A.R. 82-4-3a does not alter the hazardous materials requirements prescribed in 49 C.F.R. 397.5 as adopted by K.A.R. 82-4-3k pertaining to attendance and surveillance of commercial motor vehicles."

(G) The following revisions shall be made to 49 C.F.R. 395.15:

(i) In paragraph (a), "December 18, 2017" shall be replaced with "January 3, 2018."

(ii) The last sentence in 49 C.F.R. 395.15(b)(3) shall be deleted.

(iii) In paragraph (i)(4), the term "FMCSA" shall be deleted and replaced by "commission."

(iv) In paragraph (i)(7), the term "FMCSA" shall be deleted and replaced by "commission."

(v) In paragraphs (j)(1) and (j)(2), the term ''FMCSA'' shall be deleted and replaced by ''commission.''

(H) In 49 C.F.R. 395.28, "§ 390.3(f)" shall be replaced with " 49 CFR 390.3 as adopted by K.A.R. 82-4-3f."

(I) In 49 C.F.R. 395.34(d)(3), (d)(4), and (d)(5), "FMCSA" shall be replaced by "the Commission."

(J)49 C.F.R. 395.38 shall be deleted.

(2) As used in this regulation, each reference to a portion of 49 C.F.R. Part 395 shall mean that portion as adopted by reference in this regulation.

(b) Whenever the federal regulations adopted in this regulation refer to portions of the federal regulations or other operating standards that are not already adopted by reference in article 4 of the commission's regulations, the references shall not be applicable to this regulation unless otherwise specifically adopted.

(c) No wrecker or tow truck, as defined by K.S.A. 66-1329 and amendments thereto, with a gross vehicle weight rating or gross combination vehicle weight rating of 26,000 pounds or less that is operating in intrastate commerce and is not either carrying 16 or more passengers, including the driver, or transporting materials required to be placarded shall be subject to this regulation.

Kan. Admin. Regs. § 82-4-3a

Authorized by and implementing K.S.A. 2017 Supp. 66-1,112, K.S.A. 66-1,112g, and K.S.A. 2017 Supp. 66-1,129; effective, T-82-12-16-03, Jan. 4, 2004; effective, T-82-4-27-04, May 3, 2004; effective, T-82-8-23-04, Aug. 31, 2004; effective, T-82-12-29-04, Dec. 29, 2004; effective April 29, 2005; amended, T-82-10-25-05, Nov. 1, 2005; amended Feb. 17, 2006; amended, T-82-3-21-06, March 21, 2006; amended June 30, 2006; amended Oct. 2, 2009; amended Oct. 22, 2010; amended Nov. 14, 2011; amended Sept. 20, 2013; amended, T-82-4-14-15, April 14, 2015; amended July 31, 2015; amended, T-82-1-3-18, Jan. 3, 2018; amended by Kansas Register Volume 37, No. 15; effective 4/27/2018.