Kan. Admin. Regs. § 82-4-3l - Transportation of migrant workers
(a) With the
following exceptions, 49 C.F.R. Part 398, as in effect on October 1, 2018, is
hereby adopted by reference:
(1) The following
revisions shall be made to 49 C.F.R. 398.1:
(A) The following revisions shall be made to
49 C.F.R. 398.1(a):
(i) A period shall be
placed after the word "agriculture."
(ii) The remainder of the paragraph shall be
deleted and replaced by the following: "For the purposes of 49 C.F.R. Part 398
only, the definition of agriculture' shall be the definition found in 29 U.S.C. 203(f), as in effect on January 14, 2019. For the purposes of 49 C.F.R. Part
398 only, the definition of employment in agriculture' shall be the same as the
definition of agricultural labor' found in 26 U.S.C. 3121(g), as in effect on
January 14, 2019."
(B)
In paragraph (b), "person, including any for-hire, non-exempt motor carrier
conducting contract carriage operations as defined in 49 U.S.C. 13102(4)(B),
but not including any for-hire non-exempt motor carrier subject to other
requirements in 49 U.S.C. subtitle IV, part B besides contract carriage
operations, who or which transports" shall be deleted and replaced by "motor
carrier transporting."
(C) In
paragraph (d), the definition of "motor vehicle" shall be deleted.
(2) The following revisions shall
be made to 49 C.F.R. 398.2:
(A) In paragraph
(a), the phrase "in interstate commerce, as defined in 49 C.F.R. 390.5 " shall
be deleted and replaced by "within the state of Kansas."
(B) In paragraph (b)(2), the phrase "in
interstate commerce, must comply with the applicable requirements of 49 CFR
parts 385, 390, 391, 392, 393, 395, and 396" shall be deleted and replaced by
"must comply with the applicable requirements of 49 C.F.R. Part 385, as adopted
by K.A.R. 82-4-3d, 49 C.F.R. Part 390, as adopted by K.A.R. 82-4-3f, 49 C.F.R.
Part 391, as adopted by K.A.R. 82-4-3g, 49 C.F.R. Part 392, as adopted by
K.A.R. 82-4-3h, 49 C.F.R. Part 393, as adopted by K.A.R. 82-4-3i, 49 C.F.R.
Part 395, as adopted by K.A.R. 82-4-3a, and 49 C.F.R. Part 396, as adopted by
K.A.R. 82-4-3j."
(3) The
following revisions shall be made to 49 C.F.R. 398.4:
(A) In paragraph (b), the words "jurisdiction
in which it is being operated, unless such laws, ordinances and regulations are
at variance with specific regulations of this Administration which impose a
greater affirmative obligation or restraint" shall be deleted and replaced by
"state of Kansas."
(4) The following revisions shall be made to
49 C.F.R. 398.5:
(A) In paragraph (b), the
phrase "part 393 of this subchapter" shall be deleted and replaced by "49
C.F.R. Part 393, as adopted by K.A.R. 82-4-3i."
(B) In paragraph (c), the phrase "as adopted
by K.A.R. 82-4-3i " shall be inserted after "part 393 of this
subchapter."
(5) The
following revisions shall be made to 49 C.F.R. 398.8:
(A) In paragraph (a), the phrase "Special
Agents of the Federal Motor Carrier Safety Administration, as detailed in
appendix B of chapter III of this title" 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."
(B)
Paragraph (b) shall be deleted and replaced by the following: "(b) Prescribed
inspection report. A compliance report form approved by the commission shall be
used to record findings from motor vehicles selected for final inspection 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 has been
certified in the inspection of motor carriers based on the motor carrier safety
assistance program standards."
(C)
In paragraph (c)(1), the last sentence shall be deleted and replaced by the
following: "A form approved by the commission shall be used to mark vehicles as
out of service.'"
(D) The following
revision shall be made to paragraph (c)(2):
The phrase "§ 393.52" shall be deleted and replaced by " 49 C.F.R. 393.52, as adopted by K.A.R. 82-4-3i."
(E) Paragraph (c)(4) shall be deleted and
replaced by the following: "The person or persons completing the repairs
required by the out of service notice shall complete a form to certify repairs
approved by the commission. If the driver completes the required repairs, then
the driver shall complete the same form."
(F) In paragraph (d)(1), the phrase "Federal
Motor Carrier Safety Regulations" shall be deleted and replaced by the phrase
"commission's regulations."
(b) As used in this regulation, each
reference to a portion of 49 C.F.R. Part 398 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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.