Kan. Admin. Regs. § 82-4-3n - Minimum levels of financial responsibility for motor carriers
(a) With the following exceptions, 49 C.F.R.
Part 387, as in effect on October 1, 2018, is hereby adopted by reference:
(1) The following revisions shall be made to
49 C.F.R. 387.3:
(A) In paragraph (a), the
phrase "for-hire" shall be deleted and replaced by "public."
(2) The
following revisions shall be made to 49 C.F.R. 387.5:
(A) The term "for-hire" in the definition of
"for-hire carriage" shall be deleted and replaced by "public."
(B) The definition of "motor carrier" shall
be deleted.
(C) The definition of
"State" shall be deleted and replaced by "state of Kansas."
(3) The following revisions shall
be made to 49 C.F.R. 387.7:
(A)
49 C.F.R. 387.7(b)(3) shall be deleted.
(B)
The following revisions shall be made to paragraph (d)(3):
(i) The phrase "under §387.309" shall be
deleted.
(C) In
paragraph (g), the term "United States" shall be deleted and replaced by "state
of Kansas."
(4) The
following revisions shall be made to 49 C.F.R. 387.9: The term "for-hire" shall
be deleted and replaced by "public" in the "schedule of limits public
liability." All references to 49 C.F.R. parts 171, 172 and 173 shall mean those
parts as adopted by K.A.R. 82-4-20.
(5) The following revisions shall be made to
49 C.F.R. 387.11:
(A) The following text shall
be deleted and replaced by "the state of Kansas":
(i) In paragraph (a), "each State in which
the motor carrier operates"; and
(ii) in paragraphs (b), (c), and (d), "any
State in which the motor carrier operates."
(B) In paragraph (c), the words "any State in
which business is written" shall be deleted and replaced by "the state of
Kansas."
(6)
49 C.F.R. 387.17 shall be deleted.
(7) In 49 C.F.R. 387.19, the phrase "as adopted by K.A.R. 82-4-3f " shall be inserted
after "390.5 of this subchapter."
(8) In 49 C.F.R. 387.25 and 49 C.F.R.
387.27(a), the term "for-hire" shall be deleted and replaced by
"public."
(9) The following
revisions shall be made to 49 C.F.R. 387.29:
(A) In the definition of "for-hire carriage,"
the term "for-hire" shall be deleted and replaced by "public."
(B) The definition of "motor carrier" shall
be deleted.
(C) In the definition
of "seating capacity," the phrase "(measured in accordance with SEA Standards
J1100(a))" shall be deleted.
(10) The following revisions shall be made to
49 C.F.R. 387.31:
(A) The following revisions
shall be made to paragraph (e)(2):
(i) The
phrase "for-hire" shall be deleted and replaced with "public."
(ii) The phrase "FMCSA" shall be deleted and
replaced with "commission."
(B) In paragraph (f), the phrase "within the
United States" shall be deleted and replaced by "in the state of
Kansas."
(C) In paragraph (g), the
phrase "the United States" shall be deleted and replaced by "the state of
Kansas."
(11) The
following revision shall be made to 49 C.F.R. 387.33T: The term "for hire"
shall be deleted and replaced by "public."
(12) The following changes shall be made to
49 C.F.R. 387.35:
(A) In paragraph (a) of 49 C.F.R. 387.35, "in each state in which the motor carrier operates" shall be
deleted and replaced with "in the state of Kansas."
(B) In paragraphs (b), (c), and (d) of 49 C.F.R. 387.35, the words "in any State in which the motor carrier operates"
shall be deleted and replaced by "in the state of Kansas."
(13) The following revision shall be made to
49 C.F.R. 387.39: The phrase "prescribed by the FMCSA and approved by the OMB"
shall be deleted and replaced with "approved by the commission."
(14)
49 C.F.R. 387.41 shall be
deleted.
(15) The following
revisions shall be made to 49 C.F.R. 387.301T:
(A) The following revision shall be made to
paragraph (a)(1): The phrase "FMCSA" shall be followed by "or
commission."
(B) In paragraph (b),
the phrase "FMCSA" shall be followed by "or commission." The last sentence in
paragraph (b) shall be deleted.
(C)
In paragraph (c), the phrase "FMCSA in accordance with the requirements of
section 13906 of title 49 of the U.S. Code," shall be followed by "or
commission."
(16) The
following revisions shall be made to 49 C.F.R. 387.303T:
(A) In paragraph (b)(3), the word "Federal"
shall be inserted before "Department of Transportation."
(B) Paragraph (b)(4) shall be
deleted.
(18) In 49 C.F.R. 387.401(c), the term "motor
vehicle" shall be deleted and replaced with "motor vehicle as defined in 49 C.F.R. 390.5 as adopted by K.A.R. 82-4-3f."
(19) The following revisions shall be made to
49 C.F.R. 387.407(b): The term "FMCSA" shall be followed by "or commission."
The phrase "FMCSA (or the Department of Transportation, where applicable)"
shall be followed by "or commission."
(b) As used in this regulation, each
reference to a portion of 49 C.F.R. Part 387 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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