Kan. Admin. Regs. § 82-4-1 - Definitions
The following terms used in connection with the regulations of the state corporation commission governing motor carriers shall be defined as follows:
(a) "Affiliate" means a
person or company controlling, controlled by, or under common control or
ownership with another person or company.
(b) "Air mile" means nautical mile.
(c) "Authorized agent" and "authorized
representative" mean any authorized special agent or employee of the
commission, any member of the Kansas highway patrol, or any law enforcement
officer in the state certified in the inspection of motor carriers and
authorized in accordance with the requirements of the Kansas motor carrier
safety program.
(d) "Certificate"
means a document evidencing a certificate of convenience and necessity or a
certificate of public service issued to an intrastate common carrier to operate
motor vehicles as a common carrier.
(e) "Chameleon carrier" means a motor carrier
continuing its motor carrier operation under a new USDOT or motor carrier
identification (MCID) number for the purpose of avoiding a fine, penalty,
federal out-of-service order, or commission order that was issued against the
previously used USDOT or MCID number.
(f) "Commission" means Kansas corporation
commission.
(g) "Director" means
director of the transportation division of the commission.
(h) "Distance" means distance measured in air
miles.
(1) Distances shall be computed from
the corporate limits of incorporated communities and from the post office of
unincorporated communities.
(2) If
there is no post office in the unincorporated community, the distance shall be
computed from the center of the business district.
(i) "Docketing" means entering a proposal in
the organization files and then giving notice of the proposal to other carrier
members of the organization and shipper subscribers.
(j) "Entire direct case" shall include, for
the purpose of this article of the commission's regulations, all testimony,
exhibits, and other documentation offered.
(k) "Express carrier" means a common carrier
who carries packages or parcels, the maximum weight of which does not exceed
350 pounds for each package or parcel.
(l) "FHWA" means federal highway
administration.
(m) "FMCSA" means
federal motor carrier safety administration.
(n) "General increase" and "general decrease"
mean a common motor carrier rate increase or decrease proposed as a general
adjustment of substantially all the rates published in a tariff.
(o) "Groundwater well drilling rig" means any
vehicle, machine, tractor, trailer, semi-trailer, or specialized mobile
equipment propelled or drawn by mechanical power and used on highways to
transport groundwater well field operating equipment, including any groundwater
well drilling and pump service rig equipped to access groundwater.
(p) "Hazardous materials regulations" and
"HMR" mean the federal hazardous material regulations as adopted in K.A.R.
82-4-20.
(q) "Industry average
carrier cost information" means the average intrastate cost of the carriers who
participate in an organization tariff and who have authority from the
commission to transport the commodities indicated in the organization
tariff.
(r) "Joint line rate" means
a rate, charge, or allowance established by two or more common motor carriers
of property or passengers that is applicable over the carriers' lines and for
which the transportation can be provided by these carriers.
(s) "License" means the document or
registration receipt evidencing the registration of an interstate common motor
carrier or interstate exempt motor carrier to operate motor vehicles in the
state of Kansas in interstate commerce.
(t) "Medical waiver" means "medical variance"
as defined in 49 C.F.R. 390.5, which is adopted by reference in K.A.R.
82-4-3f.
(u) "Moving violation"
means the commission or omission of an act by a person operating a motor
vehicle that could result in injury or property damage and that is also a
violation of a statute, ordinance, or regulation of this state or any other
jurisdiction, including those convictions defined as Kansas moving violations
in K.A.R. 92-52-9.
(v) "Notice"
means advance notification to shipper subscribers through an organization's
docket service.
(w) "Organization"
means a legal entity that administers an agreement approved under K.A.R.
82-4-69.
(x) "Out-of-service" and
"OOS," when used to describe a driver, a commercial motor vehicle, or a motor
carrier operation, mean that the driver, commercial motor vehicle, or motor
carrier has ceased to operate or move pursuant to the statutes and regulations
of the state of (continued) Kansas, the federal motor carrier safety
administration regulations, or the "North American standard out-of-service
criteria," including the appendix, published by the commercial vehicle safety
alliance. The "North American standard out-of-service criteria," revised on
April 1, 2024, is hereby adopted by reference with the following exceptions:
(1) The policy statements on pages 3, 17, 18,
73, 77, and 81 shall be deleted.
(2) The section titled "drivers operating in
the state of Alaska (395.1(h))" on page 12 shall be deleted.
(3) All inspection bulletins shall be
deleted.
(4) All sections applying
to those operating in Canada and Mexico, including those on pages 13, 14, 15,
16, 76 and 78, shall be deleted.
(5) All references to "operational policy 15
inspection and regulatory guidance" shall be deleted.
(6) All references to 49 C.F.R. Part 393
shall be followed by the phrase "as adopted by K.A.R. 82-4-3i."
(7) All references to 49 C.F.R. Part 395
shall be followed by the phrase "as adopted by K.A.R. 82-4-3a."
(8) All references to 49 C.F.R. Part 396
shall be followed by the phrase "as adopted by K.A.R. 82-4-3j."
(9) All sections labeled "reserved" shall be
deleted.
(y) "Ownership"
means an equity holding in a business entity of at least five
percent.
(z) "Permit" means the
document evidencing authority of a motor carrier to operate motor vehicles as a
private carrier.
(aa) "PHMSA" means
pipeline and hazardous materials safety administration of the United States
department of transportation.
(bb)
"Public motor carrier" shall have the same meaning as "For-hire motor carrier,"
as defined in 49 C.F.R. 390.5 as adopted by K.A.R. 82-4-3f.
(cc) "Single line rate" means a rate, charge,
or allowance established by a single common motor carrier of property or
passengers that is applicable only over its line and for which the
transportation can be provided by that carrier.
(dd) "Tariff publication" means the rates,
charges, classification, ratings, or policies published by, for, or on behalf
of common motor carriers of household goods, property, or passengers.
(ee) "Transportation" means the movement of
household goods, property, or passengers, or any combination of these, and the
loading, unloading, or storage incidental to this movement.
(ff) "USDOT" means the United States
department of transportation.
Notes
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