66-1,129. Motor carriers; safety rules and regulations adopted by commission; exceptions.
66-1,129
66-1,129. Motor carriers; safety rules andregulations adopted bycommission;exceptions.(a) The commission shall adopt rules andregulations necessary to carry out the provisions of thisact.No public motor carrier of property, household goods or passengers or privatemotor carrier of property shalloperate or allow the operation of any motor vehicle on any public highwayin this state except within the provisions of the rules and regulationsadopted by the commission.Rules and regulationsadopted by the commission shall include:
(1) Every vehicle unit shall be maintained in a safe and sanitarycondition at all times.
(2) Every driver of a public motor carrier, operating as a carrier ofintrastatecommerce within this state, shallbe at least 18 years of age. Every driver of a private motor carrier, operatingas a carrier of intrastate commercewithin this state, shall be at least 16 yearsof age. All such drivers shall be competent to operate themotor vehicle under such driver's charge.
(3) Minimum age requirements for every driver of a motor carrier,operating as a carrier of interstate commerce, shall be consistent withfederal motor carrier regulations.
(4) Hours of service for operators of all motor carriers to whichthis act applies shall be fixed by the commission.
(5) Accidents arising from or in connection with the operation ofmotor carriers shall be reported to the commission within the time,in the detail and in the manner as the commission requires.
(6) Every motor carrier shall haveattached to each unit or vehicle distinctive markingadopted by the commission.
(7) Motor carrier transportation requirements that are consistent withcontinuation of the federal motor carrier safety assistance program andother federal requirements concerning transportation of hazardous materials.
(b) No rules and regulations adopted by the commission pursuant tothis section shall require the operator of anymotor vehicle having a gross vehicle weight rating or gross combinationweight rating of not more than 10,000 pounds to submitto a physical examination, unless required by federal laws or regulations.
(c) Any rules and regulations of the commission, adopted pursuant tothis section, shall not apply to the following, while engaged in thecarriage of intrastate commerce in this state:
(1) The owner of livestock or producer of farm products transportinglivestock of such owner or farm products of such producer to market in amotor vehicle of such owner or producer, or the motor vehicle of a neighboron the basis of barter or exchange for service or employment, or to suchowner or producer transporting supplies for the use of such owner orproducer in or producer, or in the motor vehicle of a neighbor on the basisof barter or exchange for service or employment.
(2) The transportation of children to and from school, or to motorvehicles owned by schools, colleges, and universities, religious orcharitable organizations and institutions, or governmental agencies, whenused to convey students, inmates, employees, athletic teams, orchestras,bands or other similar activities.
(3) (A) Except for motor vehicles under subparagraph (B),motor vehicles, with a gross vehicle weight rating of 26,000 poundsorless, carrying tools, property or material belonging to the owner of thevehicle, and used in repair, building or construction work, not having beensold or being transported for the purpose of sale, except vehicles transportinghazardous materials which require placards.
(B) Except vehicles transporting hazardous materials which requireplacards, motor vehicles, with a gross vehicle weight rating of 26,000 poundsor less, carrying tools, property or material belonging to the owner of thevehicle and used in repair, building or construction work and such tools,property or material are being transported to or from an active constructionsite located within a radius of 25 miles of the principal place of business ofthe motor carrier.
(4) Persons operating motor vehicles which have an advalorem taxsitus in and are registered in the state of Kansas, and used only totransport grain from the producer to an elevator or other place for storageor sale for a distance of not to exceed 50 miles.
(5) The operation of hearses, funeral coaches, funeral carsorambulances by motor carriers.
(6) Motor vehicles owned and operated by the United States,theDistrict of Columbia, any state, any municipality or any other politicalsubdivisions of this state.
(7) Any motor vehicle with a normal seating capacity of notmore thanthe driver and 15 passengers while used for vanpooling or otherwise not forprofit in transporting persons who, as a joint undertaking, bear or agreeto bear all the costs of such operations, or motor vehicles with a normalseating capacity not more than the driver and 15 passengers fornot-for-profit transportation by one or more employers of employees to andfrom the factories, plants, offices, institutions, construction sites orother places of like nature where such persons are employed or accustomed towork.
(8) Motor vehicles used to transport water for domesticpurposes, asdefined by subsection (c) of K.S.A. 82a-701, and amendments thereto,orlivestock consumption.
(9) The operation of vehicles used for servicing, repairingortransporting of implements of husbandry, as defined in K.S.A. 8-1427, andamendments thereto, by a person actively engaged in the business of buying,selling or exchanging implements of husbandry, if such operation is within100 miles of such person's established place of business in this state,unless the implement of husbandry is transported on a commercial motorvehicle.
History: L. 1931, ch. 236, § 22; L. 1959, ch. 258, § 12; L.1965, ch. 506, § 36; L. 1976, ch. 289, § 1; L. 1977, ch. 226, §1; L. 1978, ch. 269, § 1;L. 1985, ch. 227, § 1;L. 1988, ch. 356, § 242;L. 1990, ch. 241, § 3;L. 2001, ch. 73, § 3;L. 2003, ch. 124, § 27;L. 2004, ch. 152, § 7; May 27.