Kan. Admin. Regs. § 82-4-3d - Safety fitness procedures
(a) With the
following exceptions, 49 C.F.R. Part 385, as in effect on October 1, 2018, is
hereby adopted by reference:
(1)
49 C.F.R. 385.1(a) and (b) shall be deleted.
(2) The following revisions shall be made to
49 C.F.R. 385.3:
(A) In the definition of
"Applicable safety regulations or requirements," the phrase "49 CFR chapter
III, subchapter B " Federal Motor Carrier Safety Regulations" shall be replaced
by "49 C.F.R. Parts 395, 382, 385, 390, 391, 392, 393, 396, 397, 398, 399, 387,
and 386 as adopted by K.A.R. 82-4-3a and 82-4-3c through 82-4-30." The phrase
"49 C.F.R. Parts 171, 172, 173, 177, 178 and 180 as adopted by K.A.R. 82-4-20 "
shall replace the phrase "49 C.F.R. chapter I, subchapter C Hazardous Materials
Regulations."
(B) In the definition
of "CMV," the phrase "§ 390.5 of this subchapter" shall be deleted and
replaced by " 49 C.F.R. 390.5 as adopted by K.A.R. 82-4-3f."
(C) In the definition of "commercial motor
vehicle," the phrase "§ 390.5 of this subchapter" shall be deleted and
replaced with " 49 C.F.R. 390.5 as adopted by K.A.R. 82-4-3f."
(D) In the definition of "HMRs," the phrase
"as adopted by K.A.R. 82-4-20 " shall be inserted after the phrase "49 C.F.R.
parts 171-180."
(E) In the
definition of "motor carrier operations in commerce," the phrase "or
intrastate" shall be added after the word "interstate" in paragraphs (1) and
(2).
(F) The definition of "Safety
ratings," including paragraphs (1), (2), (3), and (4), shall be
deleted.
(3)
49 C.F.R. 385.4 shall be deleted.
(4) The
following revisions shall be made to 49 C.F.R. 385.5:
(A) The first paragraph shall be deleted and
replaced by the following: "In cooperation with the FMCSA, special agents and
authorized representatives shall conduct reviews in order to gather the
information necessary for the FMCSA to issue a safety rating for a motor
carrier. Information gathered shall include information necessary to
demonstrate that the motor carrier has adequate safety management controls in
place which comply with the applicable safety requirements to reduce the risk
associated with:".
(B) In paragraph
(a), the phrase "part 383 of this chapter" shall be deleted and replaced with
"the Kansas uniform commercial drivers' license act, found at K.S.A. 8-2,125 et
seq."
(C) In paragraph (b), the
phrase "part 387 of this chapter" shall be deleted and replaced with "49 C.F.R.
Part 387 as adopted by K.A.R. 82-4-3n."
(D) In paragraph (c), the phrase "part 391 of
this chapter" shall be deleted and replaced with "49 C.F.R. Part 391 as adopted
by K.A.R. 82-4-3g."
(E) In
paragraph (d), the phrase "part 392 of this chapter" shall be deleted and
replaced with "49 C.F.R. Part 392 as adopted by K.A.R. 82-4-3h."
(F) In paragraph (e), the phrase "part 393 of
this chapter" shall be deleted and replaced with "49 C.F.R. Part 393 as adopted
by K.A.R. 82-4-3i."
(G) In
paragraph (f), the phrase "part 390 of this chapter" shall be deleted and
replaced with "49 C.F.R. Part 390 as adopted by K.A.R. 82-4-3f."
(H) In paragraph (g), the phrase "part 395 of
this chapter" shall be deleted and replaced with "49 C.F.R. Part 395 as adopted
by K.A.R. 82-4-3a."
(I) In
paragraph (h), the phrase "part 396 of this chapter" shall be deleted and
replaced with "49 C.F.R. Part 396 as adopted by K.A.R. 82-4-3j."
(5) The first
paragraph of 49 C.F.R. 385.7 shall be deleted and replaced by the following:
"In cooperation with the FMCSA, special agents and authorized representatives
shall conduct reviews in order to gather the information necessary for the
FMCSA to determine and issue an appropriate safety rating for a motor carrier.
Information gathered shall be information the FMCSA may consider in assessing a
safety rating, including:".
(9) The following changes shall be made to 49 C.F.R. 385.402:
(A) Paragraph (a) shall be
deleted and replaced with the following: "The definitions in 49 C.F.R. Parts
390 and 385, as adopted by K.A.R. 82-4-3f and 82-4-3d, respectively, shall
apply to Subpart E of 49 C.F.R. Part 385, as adopted by K.A.R. 82-4-3d, unless
otherwise specifically noted."
(B)
The phrase "§171.8 of this title" shall be deleted and replaced by " 49 C.F.R. 171.8 as adopted by K.A.R. 82-4-20."
(C) The phrase "§172.101 of this title"
shall be deleted and replaced by " 49 C.F.R. 172.101 as adopted by K.A.R.
82-4-20."
(D) The term "FMCSA"
shall be deleted and replaced by "the commission."
(10) The following revisions shall be made to
49 C.F.R. 385.403:
(A) In the first
paragraph, the phrase "§ 390.19(a)" shall be deleted and replaced with " 49 C.F.R. 390.19(a) as adopted by K.A.R. 82-4-3f."
(B) In paragraph (a), the phrase "§
173.403 of this title" shall be deleted and replaced by " 49 C.F.R. 173.403 as
adopted by K.A.R. 82-4-20."
(C) In
paragraph (b), the phrase "part 172 of this title" shall be deleted and
replaced with "49 C.F.R. Part 172 as adopted by K.A.R. 82-4-20."
(D) The following revisions shall be made to
paragraphs (c) and (d):
(i) The phrase "§
171.8 of this title" shall be deleted and replaced with " 49 C.F.R. 171.8 as
adopted by K.A.R. 824-20."
(ii) The
phrase "§ 173.116(a) or § 173.133(a) of this title" shall be deleted
and replaced with " 49 C.F.R. 173.116(a) or 173.133(a) as adopted by K.A.R.
82-4-20."
(E) The
following revisions shall be made to paragraph (e):
(i) The phrase "§ 171.8 of this title"
shall be deleted and replaced with " 49 C.F.R. 171.8 as adopted by K.A.R.
824-20."
(ii) The phrase "§
173.116(a)" shall be deleted and replaced with " 49 C.F.R. 173.116(a) as adopted
by K.A.R. 82-4-20."
(11) The following shall be inserted after
the last sentence in 49 C.F.R. 385.405(b) T: "All Kansas-based interstate motor
carriers and all Kansas intrastate motor carriers transporting hazardous
materials are required to obtain a hazardous materials safety permit from the
FMCSA and are subject to FMCSA jurisdiction for hazardous materials safety
requirements as set forth in 49 C.F.R. 385.401 through 385.423, and in 49
C.F.R. Parts 171, 172, 173, 177, 178 and 180, as adopted by K.A.R.
824-20."
(12) In 49 C.F.R. 385.411,
"385.405" shall be replaced with "385.405T."
(13) In 49 C.F.R. 385.415(a)(2), the phrase
"as adopted by K.A.R. 82-4-3k " shall be inserted after each instance of "of
this chapter."
(14) In 49 C.F.R. 385.419T, the phrase "as adopted by K.A.R. 82-4-3f " shall be inserted after
each instance of "of this chapter."
(15) The following changes shall be made to
49 C.F.R. 385.421T:
(A) In 49 C.F.R. 385.421T(a)(1), the phrase "as adopted by K.A.R. 82-4-3f " shall be inserted
after "of this chapter."
(B) In 49 C.F.R. 385.421T(a)(8), the phrase "as adopted by K.A.R. 82-4-3n " shall be
inserted after "of this chapter."
(C) In 49 C.F.R. 385.421T(a)(10), the phrase
"in accordance with §386.83 or §386.84 of this chapter" shall be
deleted.
(17) All sections marked
"reserved" shall be deleted.
(b) As used in this regulation, each
reference to a portion of 49 C.F.R. Part 385 shall mean that portion as adopted
by reference in this regulation.
(c) 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.
Notes
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