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) "Afliate" 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 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, 2023, 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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