Kan. Admin. Regs. § 82-4-3g - Qualifications of drivers
(a) With the
following exceptions, 49 C.F.R. Part 391, as in effect on October 1, 2018 and
as amended by 84 fed. reg. 51434-51435 (2019), is hereby adopted by reference:
(1) The following revisions shall be made to
49 C.F.R. 391.2:
(A) In paragraph (c), the
phrase "§ 390.5 of this chapter" shall be deleted and replaced with " 49 C.F.R. 390.5 as adopted by K.A.R. 82-4-3f."
(2) The following revision shall be made to
49 C.F.R. 391.11: 49 C.F.R. 391.11(b)(1) shall apply only to commercial motor
vehicle operations in interstate commerce.
(3) In 49 C.F.R. 391.13, the phrase
"§§ 392.9(a) and 383.111(a)(16) of this subchapter" shall be deleted
and replaced by " 49 C.F.R. 392.9(a), as adopted by K.A.R. 824-3h, and 49 C.F.R. 383.111(a)(16), as referenced by K.S.A. 8-2,133."
(4) The following revisions shall be made to
49 C.F.R. 391.15:
(A) In paragraphs (c)(1)(i)
and (c)(2)(iii), each instance of "§ 395.2 of this subchapter" shall be
deleted and replaced by " 49 C.F.R. 395.2, as adopted by K.A.R.
82-4-3a."
(B) In paragraph
(c)(2)(i)(C), the phrase "or § 392.5(a) (2)" shall be deleted and replaced
by "or 49 C.F.R. 392.5(a) (2), as adopted by K.A.R. 82-4-3h."
(C) In paragraphs (c)(2)(ii) and (iii), the
phrase "as adopted by K.A.R. 82-4-3c " shall be added after the phrase " 21 C.F.R. 1308.11 Schedule I."
(5) The following revisions shall be made to
49 C.F.R. 391.21:
(A) In paragraph
(b)(10)(iv)(B), the term "DOT" shall be deleted and replaced by "commission,"
and the phrase "as adopted by K.A.R. 82-4-3b " shall be inserted after the
phrase "49 C.F.R. Part 40."
(B) In
paragraph (b)(11), the phrase "as defined by Part 383 of this subchapter" shall
be deleted.
(6) The
following changes shall be made to 49 C.F.R. 391.23:
(A) In paragraphs (a)(2), (i)(1), and (i)(2),
the term "U.S." shall be inserted before the phrase "Department of
Transportation." The phrase "or commission" shall be inserted after the phrase
"Department of Transportation."
(B)
Paragraph (c)(3) shall be deleted and replaced by the following: "Prospective
employers shall submit a report noting any failure of a previous employer to
respond to an inquiry into a driver's safety performance history to the
commission.
"(A) Reports shall be addressed to
the Director, Transportation Division, Kansas Corporation Commission, 1500 SW
Arrowhead Road, Topeka, KS 66604.
"(B) Reports shall be submitted to the
commission within 90 days after the inquiry was submitted to the previous
employer.
"(C) Reports must be
signed by the prospective employer submitting the report and must include the
following information:
"(i) The name,
address, and telephone number of the person who files the report;
"(ii) The name and address of the previous
employer who has failed to respond to the inquiry into a driver's safety
performance history;
"(iii) A
concise but complete statement of the facts, including the date the inquiry was
sent to the previous employer, the method by which the inquiry was sent, and
the dates of any follow-up communications with the previous
employer."
(C) In
paragraphs (c)(4), (e), and (g)(1), the term "U.S." shall be inserted before
the term "DOT" and the phrase "or commission" shall be inserted after the term
"DOT."
(D) In paragraph (d)(2), the
phrase "§ 390.15(b)(1) of this chapter" shall be deleted and replaced by
" 49 C.F.R. 390.15(b)(1), as adopted by K.A.R. 82-4-3f."
(E) In paragraph (d)(2)(i), the phrase
"§ 390.5 of this chapter" shall be deleted and replaced by " 49 C.F.R. 390.5, as adopted by K.A.R. 82-4-3f."
(F) In paragraph (d)(2)(ii), the phrase
"§ 390.15(b)(2)" shall be deleted and replaced by " 49 C.F.R. 390.15(b)(2),
as adopted by K.A.R. 82-4-3f."
(G)
In paragraph (e), the phrase ", as adopted by K.A.R. 82-4-3b " shall be added at
the end of the last sentence.
(H)
In paragraph (e)(1), the phrase "part 382 of this chapter" shall be deleted and
replaced by "49 C.F.R. part 382, as adopted by K.A.R. 82-4-3c." The phrase ",
as adopted by K.A.R. 82-4-3b " shall be inserted at the end of the last
sentence.
(I) In paragraph (e)(2),
the phrase "§ 382.605 of this chapter" shall be deleted and replaced by
" 49 C.F.R. 382.605, as adopted by K.A.R. 82-4-3c." The phrase "part 40, subpart
O" shall be deleted and replaced by "or prescribed by a substance abuse
professional certified by the U.S. DOT."
(J) In paragraph (e)(3), the phrase "§
382.605" shall be deleted and replaced with "referral pursuant to 49 C.F.R. 382.605, as adopted by K.A.R. 82-4-3c." The phrase "49 CFR part 40, subpart O"
shall be deleted and replaced by "or a referral by substance abuse professional
certified by the U.S. DOT."
(K)
(1) In paragraph (f), the term "consent
meeting the requirements of §40.321(b) of this title" shall be deleted and
replaced by "specific written consent, meaning a statement signed by the
employee that he or she agrees to the release of a particular piece of
information to a particular, explicitly identified, person or organization at a
particular time,".
(L)
In paragraph (j)(6), the following changes shall be made:
(i) In the first sentence, the comma
following the phrase "safety performance information" shall be deleted, and the
following text shall be inserted at the end of the first sentence: "if the
previous employer is an interstate motor carrier, the driver may submit a
complaint."
(ii) The term "§
386.12" shall be deleted and replaced with " K.A.R. 82-4-3g(a)(6)(B)."
(iii) The following sentence shall be
inserted at the end of the paragraph: "If the motor carrier is a Kansas-based
interstate motor carrier, or an intrastate motor carrier, the driver may submit
such report in writing to Director, Transportation Division, Kansas Corporation
Commission, 1500 SW Arrowhead Road, Topeka, KS 66604."
(M) In paragraph (m)(2), 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."
(N) In paragraph (m)(2)(i)(A), the phrase "in
accordance with § 383.71(b)(1)(g) of this chapter" shall be
deleted.
(O) In paragraph
(m)(2)(i)(C), the phrase "in accordance with § 383.73(b)(5) of this
chapter" shall be deleted.
(P) In
paragraph (m)(3)(i)(A), the phrase "in accordance with § 383.71(b)(1) and
(g) of this chapter" shall be deleted.
(7) The following revision shall be made to
49 C.F.R. 391.25: In paragraph (b)(1), the phrase "Federal Motor Carrier Safety
Regulations in this subchapter or Hazardous Materials Regulations (49 CFR
chapter 1, subchapter C)" shall be deleted and replaced by "Federal Motor
Carrier Safety Regulations or Hazardous Materials Regulations, as adopted by
article 4 of the commission's regulations, occurring in interstate
commerce."
(8) The following
revisions shall be made to 49 C.F.R. 391.27:
(A) In paragraph (c), the words "be
prescribed by the motor carrier. The following form may be used to comply with
this section" shall be deleted and replaced by "read substantially as
follows."
(B) Paragraph (e) shall
be deleted.
(9) The
following revision shall be made to 49 C.F.R. 391.31: In 49 C.F.R. 391.31(c)(1), the phrase "§ 392.7 of this subchapter" shall be deleted and
replaced with " 49 C.F.R. 392.7 as adopted by K.A.R. 82-4-3h."
(10) The following revision shall be made to
49 C.F.R. 391.33: In paragraph (a)(1), the phrase "§ 383.5 of this
subchapter" shall be deleted and replaced by "K.S.A. 8-234b and amendments
thereto."
(11) The following
revisions shall be made to 49 C.F.R. 391.41:
(A) The following revisions shall be made to
paragraph (a)(2)(i)(A):
(i) 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."
(ii) The phrase "in accordance with 49 CFR 383.71(h) " shall be deleted.
(B) In paragraph (a)(2)(i)(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 (a)(2)(ii),
the phrase "in accordance with § 383.71(h) of this chapter" and in
paragraph (a)(2) (iii), the phrase "by § 383.71(h) of this chapter" shall
be deleted.
(D) In paragraph
(a)(2)(ii), 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."
(E) In paragraph
(b)(11), the clause "when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5 1951" shall be
deleted.
(12) The following changes shall be made to
49 C.F.R. 391.43:
(A) The following revision
shall be made to paragraph (a): "Federal Motor Carrier Safety Administration's"
shall be inserted before "National Registry of Certified Medical Examiners,"
and the phrase "under subpart D of part 390 of this chapter" shall be
deleted.
(B) The editorial note
found after paragraph (i) shall be deleted.
(C) In paragraph (i), the phrase "an
authorized Federal, State, or local enforcement agency representative," shall
be deleted and replaced by "the director of the transportation division of the
commission."
(13) The
following revisions shall be made to 49 C.F.R. 391.47:
(A) Paragraph (b)(8) shall be
deleted.
(B) In paragraph (b)(9),
the words "or intrastate" shall be inserted following the word
"interstate."
(C) In paragraphs (c)
and (d), the phrase "Director, Office of Carrier, Driver and Vehicle Safety
Standards (MC-PS)" shall be deleted and replaced by the phrase "director of the
commission's transportation division."
(D) The last two sentences of paragraph (e)
shall be deleted and replaced by the following sentence: "Petitions for
reconsideration in accordance with K.A.R. 82-1-235 may be filed with the
Commission after which a petition for judicial review in accordance with K.S.A.
77-601 may be filed in the appropriate Kansas District Court.
(E) In paragraph (f), the first two
occurrences of the phrase "Director, Office of Carrier, Driver and Vehicle
Safety Standards (MC-PS)" shall be deleted and replaced by the phrase "director
of the commission's transportation division." The clause "or until the
Director, Office of Carrier, Driver and Vehicle Safety Standards (MC-PS) orders
otherwise" shall be deleted and replaced with "orders otherwise."
(14) The following revisions shall
be made to 49 C.F.R. 391.49:
(A) The phrase
"Division Administrator, FMCSA" in paragraph (a) and the phrase "Division
Administrator/ State Director, FMCSA" in paragraphs (g), (h), (j)(1), and (k)
shall be deleted and replaced by "director of the commission's transportation
division."
(B) The remainder of
paragraph (b)(2) after "The application must be addressed to" shall be deleted
and replaced by ": Director of the Transportation Division, Kansas Corporation
Commission, 1500 S.W. Arrowhead Road, Topeka, KS 66604."
(C) In paragraph (b)(3), "field service
center, FMCSA, for the state in which the driver has legal residence" shall be
deleted and replaced by "director of the commission's transportation division
at the address provided in paragraph (b)(2)."
(D) Paragraph (c)(2)(i) shall be
deleted.
(E) The phrase "Medical
Program Specialist, FMCSA service center" in paragraph (e)(1), the words
"Medical Program Specialist, FMCSA for the State in which the carrier's
principal place of business is located" in paragraph (e)(1)(i), and the words
"Medical Program Specialist, FMCSA service center, for the State in which the
driver has legal residence" in paragraph (e)(1)(ii) shall be deleted and
replaced by "director of the transportation division of the
commission."
(F) In paragraph (i),
the words between "submitted to the" and "The SPE certificate renewal
application" shall be deleted and replaced by "director of the transportation
division of the commission."
(G) In
paragraph (j)(1), the first two sentences shall be deleted.
(H) The following revisions shall be made to
paragraph (j)(2):
(i) The words "State
Director, FMCSA, for the State where the driver applicant has legal residence"
shall be deleted and replaced by "director of the transportation division of
the commission."
(ii) The phrase
"subchapter B of the Federal Motor Carrier Safety Regulations (FMCSRs)" shall
be deleted.
(iii) The term "FMCSRs"
shall be deleted and replaced by "commission's regulations regarding motor
carrier safety."
(15) The following revisions shall be made to
49 C.F.R. 391.51:
(A) In paragraph
(b)(7)(ii), the phrase "defined at § 384.105 of this chapter" shall be
deleted and replaced by ", meaning a report generated from the CDLIS driver
record meeting the requirements for access to CDLIS information."
(B) The following revisions shall be made to
paragraph (b)(8):
(i) The phrase "Field
Administrator, Division Administrator, or State Director" shall be deleted and
replaced by "the director of the transportation division of the
commission."
(ii) The phrase "or
under K.A.R. 82-4-6d " shall be added after "part 381 of this
chapter."
(C) Paragraph
(d)(5) shall be deleted and replaced with the following: "Any medical waiver
issued by the commission, including a Skill Performance Evaluation Certificate
issued in accordance with 49 C.F.R. 391.49, or the Medical Exemption letter
issued by a Federal medical program in accordance with 49 C.F.R. Part
381."
(16) The following
revision shall be made to 49 C.F.R. 391.61: 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."
(17) The following
revisions shall be made to 49 C.F.R. 391.62:
(A) In paragraph (c), the phrase ", as
adopted by K.A.R. 82-4-3f " shall be added after the phrase " 49 C.F.R. 390.5."
(B) In paragraph (d), the
phrase "under regulations issued by the Secretary under 49 U.S.C. chapter 51"
shall be deleted and replaced by "under the regulations adopted by K.A.R.
82-4-20."
(C) In paragraph (e)(1),
the phrase "Federal Motor Carrier Safety Regulations contained in this
subchapter" shall be deleted and replaced by "commission's motor carrier
regulations found in Article 4."
(18) The following revision shall be made to
49 C.F.R. 391.63: In paragraph (a), 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."
(19)
49 C.F.R. 391.64 shall be revised as follows:
(A) In
paragraph (a)(2)(iii), the phrase "an authorized agent of the FMCSA" shall be
deleted and replaced by "the director of the transportation division of the
commission."
(B) In paragraphs
(a)(2)(v) and (b)(3), the phrase "duly authorized federal, state or local
enforcement official" shall be deleted and replaced by the phrase "any
authorized representative of the commission, and any member of the Kansas
highway patrol or any other law enforcement officer in the state who has been
certified in the inspection of motor carriers based on the motor carrier safety
assistance program standards."
(20) The form set out in 49 C.F.R. 391.65 shall be revised as follows:
(A) The phrase
"as adopted by K.A.R. 82-4-3f " shall be added after the phrase "§
390.5."
(B) The phrase "of the
Federal Motor Carrier Safety Regulations" shall be deleted and replaced by the
phrase "as adopted by K.A.R. 82-4-3g."
(21) The following revision shall be made to
49 C.F.R. 391.67: 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."
(22) The following revision shall be made to
49 C.F.R. 391.69: 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."
(23) Appendix A shall be deleted.
(24) All sections marked "reserved" shall be
deleted.
(b) As used in
this regulation, each reference to a portion of 49 C.F.R. Part 391 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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