66-1,112. Authority of commission to regulate public motor carriers; rate-making procedures; exemption from state antitrust laws, when.
66-1,112
66-1,112. Authority of commission to regulate publicmotor carriers; rate-making procedures; exemption from state antitrust laws,when.(a) The commission is hereby vested with power and authority and it shall beits duty to license, supervise and regulate every public motor carrierof property, of household goods or of passengers in this state, tothe full extent not preempted by federal law, including fixing and approvingreasonable maximum or minimum, or maximum and minimum rates, fares,charges, classifications and rules and regulations pertaining tothe transportation of household goods or passengers as defined in 49 U.S.C.13102. The commission shall prescribe rules and regulationsrelated to uniformcargo liability, uniform bills of lading, uniform cargo credit and antitrustimmunity for joint-line rates and routes, classifications and mileage guides.The commission is hereby vested with power and authority and itshall be its duty to license, supervise and regulate every public motorcarrier transporting property, household goods orpassengers inthis state, and to regulate andsupervise the accounts, schedules, service and method of operation ofsame; to prescribe a uniform system and classification of accounts to beused; to require the filing of annual and other reports and any otherdata; and to supervise and regulate public motor carrierstransporting property, household goods or passengers in all mattersaffecting the relationship between such public motor carriers of property,of household goods or ofpassengers and the travelingand shipping public.
(b) The commission shall have power and authority, by general order orotherwise, to prescribe reasonable and necessary rules and regulationsgoverning all such motor carriers. All laws relating to the powers,duties, authority and jurisdiction of the corporation commission overcommon carriers are hereby made applicable to all such motor carriersexcept as herein otherwise specifically provided.
(c) In order to insure nondiscriminatory, nonpreferential and just andreasonable rates, joint rates, fares, tolls, charges and exactions for allshippers, the commission shall establish rate-making procedures for allmotor common carriers, including collective rate-makingproceduresfor joint consideration, initiation and establishment of such rates andcharges for transporting household goods or passengers as defined in 49U.S.C. 13102. The commission shall prescribe reasonablerules andregulations related to uniform cargo liability, uniform bills of lading,uniform cargo credit and antitrust immunity for joint-line rates and routes,classifications and mileage guides. Joint and collective rate-making shallbe limited to:
(1) That which is necessary to formulate one or more joint rates assuch term is used in K.S.A. 66-117, and amendments thereto;
(2) general rate increases or decreases if the tariff proposal givesshippers,under procedures approved by the commission, at least15 days' notice of the proposal and an opportunity to present comments onit before a tariff is filed with the commission and if discussion of suchincreases or decreases is related to industry average carrier costs anddoes not include discussion related exclusively to individual markets orparticular single-line rates;
(3) changes in commodity classifications;
(4) changes in tariff structures if discussion of such changes is relatedto industry average carrier costs and does not include discussion relatedexclusively to individual markets or particular single-line rates; and
(5) publishing of tariffs, filing of independent actions for individualmembers and changes in rules and regulations which are of at leastsubstantiallygeneral application throughout the area in which such changes will apply.
(d) The provisions of K.S.A. 50-101 et seq., and amendmentsthereto, shall not apply to the activities and procedures of persons, groups,agencies,bureaus or other entities where such activities and procedures have receivedapproval by order of the commission under thisstatute.
History: L. 1931, ch. 236, § 5; L. 1933, ch. 229, § 3; L. 1982,ch. 274, § 1;L. 1995, ch. 98, § 2;L. 2001, ch. 92, § 9;L. 2003, ch. 124, § 17; July 1.