Session Law

Identifying Information:L. 2001 ch. 104
Other Identifying Information:2001 Senate Bill 53
Tax Type:Vehicles
Brief Description:An Act concerning apportioned fleet registration; relating to interstate reciprocity permits; amending K.S.A. 2000 Supp. 8-1,100 and repealing the existing section; also repealing K.S.A. 2000 Supp. 8-1,112.
Keywords:


Body:

CHAPTER 104

SENATE BILL No. 53


An Act concerning apportioned fleet registration; relating to interstate reciprocity permits;

amending K.S.A. 2000 Supp. 8-1,100 and repealing the existing section; also repealing

K.S.A. 2000 Supp. 8-1,112.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 8-1,100 is hereby amended to read as

follows: 8-1,100. As used in this act, the following words and phrases shall

have the meanings respectively ascribed to them herein: (a) The words

``vehicle,'' ``motor vehicle,'' ``truck,'' ``truck tractor,'' ``trailer,'' ``semi-

trailer,'' ``pole trailer,'' ``specially constructed vehicle'' and ``passenger ve-

hicle'' shall have the meanings respectively ascribed to them by K.S.A. 8-

126, and amendments thereto;

(b) ``division'' means the division of vehicles of the department of

revenue;

(c) ``director'' means the director of vehicles of the division of vehicles

within the department of revenue;

(d) ``commercial vehicle'' means any motor vehicle, other than a pas-

senger vehicle, and any trailer, semitrailer or pole trailer drawn by such

motor vehicle, which vehicle is designed, used and maintained for the

transportation of persons or property for hire, compensation, profit, or in

the furtherance of a commercial enterprise;

(e) ``fleet'' means one or more commercial vehicles, at least one of

which is a motor vehicle;

(f) ``jurisdiction'' means the states and territories of the United States,

the District of Columbia, the provinces of Canada, the states and terri-

tories of the Federal District of Mexico, and the states, provinces and

territories of any foreign country;

(g) ``person'' means an individual, firm, partnership, association, cor-

poration, estate or trust;

(h) ``owner'' means any person who is lawfully entitled to possession

of a commercial vehicle and who has the right to control the operation

of such vehicle, and in the event more than one person has the right to

possession or control, the person in whose behalf such vehicle is being

operated at a particular time shall be deemed the owner at that time. In

the event a commercial vehicle is the subject of a lease without a driver,

the lessor shall be deemed the owner. In the event a commercial vehicle

is the subject of a lease with a driver, the lessee and operator of such

vehicle, and not the holder of the legal title shall be deemed the owner;

(i) ``preceding year'' means a period of 12 consecutive months au-

thorized by any bilateral or multijurisdictional agreement lawfully entered

into by the director of vehicles, which 12 consecutive months shall end

on a date of the year immediately preceding the commencement of the

registration or license year for which apportioned registration is sought.

In the absence of an agreement, such 12 consecutive months shall coin-

cide with the definition for preceding year as provided by any multijur-

isdictional agreement to which this state is a member jurisdiction and

such multijurisdictional agreement has the greater number of member

jurisdictions;

(j) ``based, base point and base jurisdiction'' means the jurisdiction

where an owner has an established place of business where operational

records of the owner's fleet are maintained or can be made available, and

where mileage is accrued by such fleet, and the vehicles of such fleet are

most frequently dispatched, garaged, serviced, maintained, operated or

otherwise controlled;

(k) ``place of business'' means the place or location where an owner

has a terminal, warehouse, office, garage or some permanent bona fide

address at which one or more employees report and perform regular and

continuing service for the owner;

(l) ``base plate'' means a registration or license plate issued by this

state to a commercial vehicle based in and registered on an apportioned

basis in this state;

(m) ``total fleet miles'' means the total number of miles operated dur-

ing the preceding year in this state and in each and all other jurisdictions

by the motor vehicles of a fleet, which motor vehicles were registered on

an apportioned basis in this state during such preceding year by the owner

operating such motor vehicles such total number of miles. Total fleet

miles shall include miles operated upon a toll road;

(n) ``in-state miles'' means the total number of miles operated in this

state during the preceding year by motor vehicles of a fleet which were

registered on an apportioned basis in this state during such preceding

year by the owner operating such total number of miles in this state. In

the case of a fleet based in this state, in-state miles operated in jurisdic-

tions other than Kansas shall be considered as Kansas in-state miles when

such jurisdictions, by virtue of law or an agreement made with this state

extends interstate reciprocity to the vehicles of such fleet; and

(o) ``utility trailer'' means any trailer of a rental fleet of 250 or more

trailers, each having an empty weight of 2,000 pounds or less and a gross

weight of not more than 8,000 pounds.

Sec. 2. K.S.A. 2000 Supp. 8-1,100 and 8-1,112 are hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 16, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001