66-1,129a. Motor carriers, suspension, revocation or amendment of certificate; notice; hearing; impoundment of motor carrier's vehicles; sale of such vehicles; proceeds; requirements.
66-1,129a
66-1,129a. Motor carriers, suspension, revocation oramendment ofcertificate; notice; hearing; impoundment of motor carrier's vehicles;sale of such vehicles; proceeds;requirements.(a) The commission, at any time for good cause shown, may suspend theoperation of any motor carrier subject to economic or safety rulesand regulations adopted by the commission. Upon notice and an opportunity tobe heardinaccordance with the provisions of the Kansas administrative procedure act,the commission may revoke, amend,initiate sanctionsor fine any motor carrier who has a certificate, license or permit issued bythe commissionor is subject to the safety rules and regulations adopted by the commission.Any motor carrier suspended prior to a hearing must be affordedthe opportunity of a hearing on the matter. If such a hearing is requested,the hearing shall be held within 10 days of the request.
(b) The director of the commission's transportation division, at any timefor good cause shown, may request the Kansas highway patrol to impound a motorcarrier'svehicle or vehicles when that motor carrier has:
(1) Failed to comply with an out-of-service order;
(2) failed to comply with a cease or desist order;
(3) failed to obtain commission authority to operate;
(4) failed to pay a commission-assessed civil penalty; or
(5) has otherwise failed to comply with a commission order. Any motor carrierwhose vehicle is impounded prior to a hearing must be afforded the opportunityof a hearing on the matter. If such a hearing is requested, the hearing shallbe held within 10 days of the request.
(c) The commission is authorized to enter into any contracts or agreementsnecessary with the superintendent of the Kansas highway patrol, in order toprovide facilities and personnel to accomplish the impounding of vehicles.
(d) If the owner of a motor vehicle which has been impoundedpursuant to this section refuses topay any towing, impoundment, storage or other fees relating to the impoundmentof such vehicle or fails totake possession of such vehicle within 30 daysfollowing the date of the expiration of the impoundment period, such vehicleshall be deemed abandoned and the vehiclemay be disposed of by the person having possession of such vehicle.
(1) If theperson having possession of such vehicle is apublic agency, disposition of such vehicle shall be in compliance with theprocedures for notice and public auction providedby paragraph (2) of subsection (a) of K.S.A. 8-1102, andamendments thereto.
(2) If the person having possession of suchvehicle is not a public agency, disposition of such vehicle shall be incompliance with K.S.A. 8-1103 through 8-1108, andamendments thereto.
(3) For the purposes of disposing of a vehicle that has been impounded bythe state corporation commission under the authority granted by section (b), ifthe state corporation commission is in possession of the vehicle, the statecorporation commission shall be considered a public agency for the purpose ofdisposing of an abandoned vehicle under the provisions of K.S.A. 8-1102, andamendments thereto.
(e) Notwithstanding the provisions of subsection (c)(3) of K.S.A. 8-1102, andamendments thereto, the proceeds from the sale of any vehicle impounded at thedirection of the director of the division of transportation of the statecorporation commission, received pursuant to subsection (b), except forreimbursement of expenses of the impoundment and sale, by any public agency,including the state corporation commission, shall be deposited in the statetreasury in accordance with K.S.A. 75-4215, and amendments thereto, and shallbe credited to the state general fund.
History: L. 1990, ch. 241, § 1;L. 1993, ch. 263, § 7;L. 2003, ch. 124, § 28;L. 2008, ch. 42, § 1; July 1.