Session Law

Identifying Information:L. 2001 ch. 073
Other Identifying Information:2001 House Bill 2290
Tax Type:Property Tax
Brief Description:An Act relating to motor carriers; concerning the regulation thereof; exemptions; amending K.S.A. 66-1,108 and 66-1,129 and K.S.A. 2000 Supp. 66-1,109 and repealing the existing sections.
Keywords:


Body:

CHAPTER 73

HOUSE BILL No. 2290


An Act relating to motor carriers; concerning the regulation thereof; exemptions; amending

K.S.A. 66-1,108 and 66-1,129 and K.S.A. 2000 Supp. 66-1,109 and repealing the existing sections.




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

Section 1. K.S.A. 66-1,108 is hereby amended to read as follows: 66-

1,108. (a) The term ``motor vehicle'' when used in this act shall mean any

automobile, truck, trailer, semitrailer, tractor, motor bus or any other self-

propelled or motor-driven vehicle used upon any of the public highways

of the state for the purpose of transporting persons or property.

(b) The term ``public highways'' when used in this act shall mean

every public street, alley, road or highway or thoroughfare of any kind

used by the public.

(c) The term ``commission'' shall mean the corporation commission

of the state of Kansas.

(d) The term ``person'' means and includes any individual, firm, co-

partnership, corporation, company, association or their lessees, trustees,

or receivers.

(e) The term ``public motor carrier of property'' when used in this

act shall mean any person who holds himself out to the public as willing

to undertake for hire to transport by motor vehicle, from place to place,

the property of others who may choose to employ him.

(f) The term ``public motor carrier of passengers'' when used in this

act shall mean any person who holds himself out to the public as willing

to undertake for hire to transport by motor vehicle, from place to place,

persons who may choose to employ him.

(g) The term ``contract motor carrier of property'' when used in this

act shall mean any person engaged in the transportation by motor vehicle

of property for hire and not included in the term ``public motor carrier

of property'' as herein defined.

(h) The term ``contract motor carrier of passengers'' when used in

this act shall mean any person engaged in the transportation by motor

vehicle of persons for hire and not included in the term ``public motor

carrier of passengers'' as hereinbefore defined.

(i) The term ``private motor carrier of property'' when used in this

act shall mean any person engaged in the transportation, by motor vehicle,

of property sold or to be sold by him in the furtherance of any commercial

enterprise other than transportation, but not as a public motor carrier of

property, or a contract motor carrier of property: Provided, That the term

``private motor carrier of property'' shall also include a person who trans-

ports the property of others by motor vehicle when such transportation

is not for hire but is incident to or in furtherance of a commercial enter-

prise of such person other than transportation.

Evidence of ownership of the property being transported shall not be

accepted as sufficient proof of a private carrier operation if the carrier is

in fact engaged in the transportation of property for hire, and not merely

as incident to or in furtherance of a commercial enterprise other than

transportation. As used in this act:

(a) ``Commission'' means the corporation commission of the state of

Kansas;

(b) ``contract motor carrier of property'' means any person engaged

in the transportation by motor vehicle of property for hire and not in-

cluded in the term public motor carrier of property;

(c) ``contract motor carrier of passengers'' means any person engaged

in the transportation by motor vehicle of persons for hire and not included

in the term public motor carrier of passengers;

(d) ``household goods'' means property and personal effects used or

to be used in a dwelling, when a part of the equipment or supply of such

dwelling and such other similar property, as the commission may provide

by rules and regulations, if the transportation of such effects or property

is:

(1) Arranged and paid for by the householder, including transpor-

tation of property from a factory or store when the property is purchased

by the householder with intent to use in such householder's dwelling; or

(2) arranged and paid for by another party.

(e) ``motor carrier'' means any person operating as a for hire motor

carrier or a private motor carrier, and any of their agents, officers, rep-

resentatives, as well as employees responsible for hiring, supervising,

training, assigning or dispatching of drivers and employees concerned

with the installation, inspection and maintenance of motor vehicle equip-

ment or accessories or both;

(f) ``motor vehicle'' means any automobile, truck, trailer, semitrailer,

tractor, motor bus or any other self-propelled or motor-driven vehicle

used upon any of the public highways of the state for the purpose of

transporting persons or property;

(g) ``person'' means any individual, firm, partnership, limited liability

partnership, corporation, limited liability company, association or their

lessees, trustees or receivers;

(h) ``private motor carrier'' means a person who provides transpor-

tation of property or passengers, by commercial vehicle and is not a for

hire motor carrier;

(i) ``public highways'' means every public street, alley, road or high-

way or thoroughfare of any kind used by the public;

(j) ``public motor carrier of household goods'' means any person who

undertakes for hire to transport by motor vehicle from place to place, the

household goods of others who may choose to employ the motor carrier;

(k) ``public motor carrier of passengers'' means any person who un-

dertakes for hire to transport by motor vehicle, from place to place, per-

sons who may choose to employ the motor carrier; and

(l) ``public motor carrier of property'' means any person who under-

takes for hire to transport by motor vehicle, from place to place, the prop-

erty other than household goods of others who may choose to employ the

motor carrier.

Sec. 2. K.S.A. 2000 Supp. 66-1,109 is hereby amended to read as

follows: 66-1,109. This act shall not require the following carriers to obtain

a certificate, license or permit from the commission or file rates, tariffs,

annual reports or provide proof of insurance with the commission:

(a) Transportation by motor carriers wholly within the corporate lim-

its of a city or village in this state, or between contiguous cities or villages

in this state or in this and another state, or between any city or village in

this or another state and the suburban territory in this state within three

miles of the corporate limits thereof, or between cities and villages in this

state and cities and villages in another state which are within territory

designated as a commercial zone by the interstate commerce commission

relevant federal authority, except that none of the exemptions specified

in this subsection (a) shall apply to wrecker carriers and none of such

exemptions shall apply to motor carriers of passengers, other than motor

carriers of passengers operating as a part of the general transit system

serving any such city or village in this or another state, operating on reg-

ular routes and time schedules between any city or village in this or an-

other state, and the suburban territory in this state;

(b) a private motor carrier who operates within a radius of 25 miles

beyond the corporate limits of its city or village of domicile, or who op-

erates between cities and villages in this state and cities and villages in

another state which are within territory designated as a commercial zone

by the interstate commerce commission relevant federal authority;

(c) the owner of livestock or producer of farm products transporting

livestock of such owner or farm products of such producer to market in

a motor vehicle of such owner or producer, or the motor vehicle of a

neighbor on the basis of barter or exchange for service or employment,

or to such owner or producer transporting supplies for the use of such

owner or producer in a motor vehicle of such owner or producer, or in

the motor vehicle of a neighbor on the basis of barter or exchange for

service or employment;

(d) persons operating motor vehicles used only to transport property

when no common carrier is accessible, but when common-carrier service

is available then this last exemption is limited to the transportation of

such property from origin to the nearest practicable common-carrier re-

ceiving or loading point, or from a common-carrier unloading point by

way of the shortest practicable route to destination, providing such motor

vehicle does not pass a practicable delivery or receiving point of a com-

mon carrier equipped to transport such load, or when used to transport

property from the point of origin to point of destination thereof when

the destination of such property is less distant from the point of origin

thereof than the nearest practicable common-carrier receiving or loading

point equipped to transport such load;

(e) (1) the transportation of children to and from school, or (2) to

motor vehicles owned by schools, colleges, and universities, religious or

charitable organizations and institutions, or governmental agencies, when

used to convey students, inmates, employees, athletic teams, orchestras,

bands or other similar activities;

(f) a new vehicle dealer as defined by K.S.A. 8-2401, and amend-

ments thereto, when transporting property to or from the place of busi-

ness of such dealer;

(g) motor vehicles carrying tools, property or material belonging to

the owner of the vehicle and used in repair, building or construction work,

not having been sold or being transported for the purpose of sale;

(h) persons operating motor vehicles which have an ad valorem tax

situs in and are registered in the state of Kansas, and used only to trans-

port grain from the producer to an elevator or other place for storage or

sale for a distance of not to exceed 50 miles;

(i) the operation of hearses, funeral coaches, funeral cars or ambu-

lances by motor carriers;

(j) motor vehicles owned and operated by the United States, the Dis-

trict of Columbia, any state, any municipality or any other political sub-

division of this state, including vehicles used exclusively for handling U.S.

mail;

(k) any motor vehicle with a normal seating capacity of not more than

the driver and 15 passengers while used for vanpooling or otherwise not

for profit in transporting persons who, as a joint undertaking, bear or

agree to bear all the costs of such operations, or motor vehicles with a

normal seating capacity of not more than the driver and 15 passengers

for not-for-profit transportation by one or more employers of employees

to and from the factories, plants, offices, institutions, construction sites

or other places of like nature where such persons are employed or ac-

customed to work;

(l) motor vehicles used to transport water for domestic purposes or

livestock consumption;

(m) transportation of sand, gravel, slag stone, limestone, crushed

stone, cinders, calcium chloride, bituminous or concrete paving mixtures,

blacktop, dirt or fill material to a construction site, highway maintenance

or construction project or other storage facility and the operation of ready-

mix concrete trucks in transportation of ready-mix concrete;

(n) the operation of a vehicle used exclusively for the transportation

of solid waste, as the same is defined by K.S.A. 65-3402, and amendments

thereto, to any solid waste processing facility or solid waste disposal area,

as the same is defined by K.S.A. 65-3402, and amendments thereto;

(o) the transporting of vehicles used solely in the custom combining

business when being transported by persons engaged in such business;

(p) the operation of vehicles used for servicing, repairing or trans-

porting of implements of husbandry, as defined in K.S.A. 8-1427, and

amendments thereto, by a person actively engaged in the business of

buying, selling or exchanging implements of husbandry, if such operation

is within 100 miles of such person's established place of business in this

state;

(q) transportation by taxi or bus companies operated exclusively

within any city or within 25 miles of the point of its domicile in a city;

(r) a vehicle being operated with a dealer license plate issued under

K.S.A. 8-2406, and amendments thereto, and in compliance with K.S.A.

8-136, and amendments thereto, and vehicles being operated with a full-

privilege license plate issued under K.S.A. 8-2425, and amendments

thereto;

(s) any person operating a motor vehicle with a gross vehicle weight

rating of 10,000 pounds or less, transporting to or from an arts or craft

show, hand-crafted products produced for resale by the owner or operator

of such motor vehicle property sold or to be sold by the owner or operator

of such motor vehicle, except motor vehicles transporting hazardous ma-

terials which require placards.

As used in this subsection, ``gross vehicle weight rating'' means the

value specified by the manufacturer as the maximum loaded weight of a

single or a combination (articulated) vehicle. The gross vehicle weight

rating of a combination (articulated) vehicle commonly referred to as the

``gross combination weight rating'' is the gross vehicle weight rating of

the power unit, plus the gross vehicle weight rating of the towed unit or

units;

(t) the operation of vehicles used for transporting materials used in

the servicing or repairing of the refractory linings of industrial boilers;

and

(u) transportation of newspapers published at least one time each

week.

Sec. 3. K.S.A. 66-1,129 is hereby amended to read as follows: 66-

1,129. (a) The commission shall adopt rules and regulations necessary to

carry out the provisions of this act. No public motor carrier of property,

household goods or passengers, contract motor carrier of property or pas-

sengers or private motor carrier of property shall operate or allow the

operation of any motor vehicle on any public highway in this state except

within the provisions of the rules and regulations adopted by the com-

mission. Rules and regulations adopted by the commission shall include:

(1) Every vehicle unit shall be maintained in a safe and sanitary con-

dition at all times.

(2) Every driver of a public motor carrier, operating as a carrier of

intrastate commerce within this state, shall be at least 18 years of age.

Every driver of a contract motor carrier or private motor carrier, oper-

ating as a carrier of intrastate commerce within this state, shall be at least

16 years of age. All such drivers shall be competent to operate the motor

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 with

federal motor carrier regulations.

(4) Hours of service for operators of all motor carriers to which this

act applies shall be fixed by the commission.

(5) Accidents arising from or in connection with the operation of mo-

tor 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 have attached to each unit or vehicle

distinctive marking adopted by the commission.

(7) Motor carrier transportation requirements that are consistent

with continuation of the federal motor carrier safety assistance program

and other federal requirements concerning transportation of hazardous

materials.

(b) No rules and regulations adopted by the commission pursuant to

this section shall require the operator of any motor vehicle having a gross

vehicle weight rating or gross combination weight rating of not more than

10,000 pounds to submit to a physical examination, unless required by

federal laws or regulations.

(c) Any rules and regulations of the commission, adopted pursuant

to this section, shall not apply to the following, while engaged in the

carriage of intrastate commerce in this state:

(1) The owner of livestock or producer of farm products transporting

livestock of such owner or farm products of such producer to market in

a motor vehicle of such owner or producer, or the motor vehicle of a

neighbor on the basis of barter or exchange for service or employment,

or to such owner or producer transporting supplies for the use of such

owner or producer in or producer, or in the motor vehicle of a neighbor

on the basis of barter or exchange for service or employment.

(2) The transportation of children to and from school, or to motor

vehicles owned by schools, colleges, and universities, religious or chari-

table organizations and institutions, or governmental agencies, when used

to convey students, inmates, employees, athletic teams, orchestras, bands

or other similar activities.

(3) Motor vehicles carrying tools, property or material belonging to

the owner of the vehicle, and used in repair, building or construction

work, not having been sold or being transported for the purpose of sale,

except vehicles transporting hazardous materials which require placards.

(3) Motor vehicles, with a gross vehicle weight rating, as defined in

subsection (s) of K.S.A. 66-1,109, and amendments thereto, of 26,000

pounds or less, carrying tools, property or material belonging to the owner

of the vehicle, and used in repair, building or construction work, not

having been sold or being transported for the purpose of sale, except

vehicles transporting hazardous materials which require placards.

(4) Persons operating motor vehicles which have an ad valorem tax

situs in and are registered in the state of Kansas, and used only to trans-

port grain from the producer to an elevator or other place for storage or

sale for a distance of not to exceed 50 miles.

(5) The operation of hearses, funeral coaches, funeral cars or am-

bulances by motor carriers.

(6) Motor vehicles owned and operated by the United States, the

District of Columbia, any state, any municipality or any other political

subdivisions of this state.

(7) Any motor vehicle with a normal seating capacity of not more

than the driver and 15 passengers while used for vanpooling or otherwise

not for profit in transporting persons who, as a joint undertaking, bear or

agree to bear all the costs of such operations, or motor vehicles with a

normal seating capacity not more than the driver and 15 passengers for

not-for-profit transportation by one or more employers of employees to

and from the factories, plants, offices, institutions, construction sites or

other places of like nature where such persons are employed or accus-

tomed to work.

(8) Motor vehicles used to transport water for domestic purposes or

livestock consumption.

(9) The operation of vehicles used for servicing, repairing or trans-

porting of implements of husbandry, as defined in K.S.A. 8-1427, and

amendments thereto, by a person actively engaged in the business of

buying, selling or exchanging implements of husbandry, if such operation

is within 100 miles of such person's established place of business in this

state.

Sec. 4. K.S.A. 66-1,108 and 66-1,129 and K.S.A. 2000 Supp. 66-1,109

are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 3, 2000.


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