The Federal Motor Carrier Safety Regulations parts 382, 383, 390-397, 2005 Edition, prepared and published in book form by J.J. Keller and Associates, Inc., 3003 W. Breeze Wood Lane, P.O. Box 368, Neenah, Wisconsin 54957-0368, and amendments thereto, is hereby incorporated by reference and made part of this Article save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed, and is hereby designated as “Commercial Vehicle Safety Act.”
(Ord. 3615, Sec. 1; Code 2008)
There shall not be less than three copies of the Commercial Vehicle Safety Act kept on file in the office of the City Clerk, to which shall be attached a copy of the incorporating ordinance, shall be marked or stamped, “Official Copies as Incorporated by Ordinance No. 3615” with all sections or portions thereof intended to be omitted clearly marked to show any such deletion or change, and filed with the City Clerk and open to inspection and available to the public at all reasonable hours. The Police Department, municipal judges and all administrative departments of the City charged with the enforcement of the incorporating ordinance shall be supplied, at the cost of the City, such number of official copies of such standard.
(Ord. 3615, Sec. 2; Code 2008)
Sections 382.507, 383.53, and 390.37 of the Federal Motor Carrier Safety Regulations as incorporated in Section 14-501 are hereby repealed.
(Ord. 3615, Sec. 3; Code 2008)
Section 390.5 of the Federal Motor Carrier Safety Regulations Handbook entitled “Definitions” is hereby amended and shall read as follows:
Unless specifically defined elsewhere in this subchapter:
(a) Accident - means
(1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:
(A) A fatality;
(B) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(C) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicles to be transported away from the scene by a tow truck or other motor vehicle.
(2) The term “accident” does not include:
(A) An occurrence involving only boarding and alighting from a stationary motor vehicle; or
(B) An occurrence involving only the loading or unloading of cargo.
(b) Alcohol concentration (AC) - means the concentration of alcohol in a person’s blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(c) Bus - means any motor vehicle designed, constructed, and or used for the transportation of passengers, including taxicabs.
(d) Business district - means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
(e) Charter transportation of passengers - means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin.
(f) Commercial motor vehicle - means any self-propelled or towed vehicle used on a highway in interstate or intrastate commerce to transport passengers or property when the vehicle:
(1) Has a gross vehicle weight rating or gross combination weight rating of 4,537 kg (10,001 lb.) or more; or
(2) Is designed to transport 16 or more passengers, including the driver; or
(3) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR chapter I, sub-chapter C).
(g) Conviction - means an un-vacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nob contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(h) Direct Assistance - means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food and fuel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.
(i) Disability damage - means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.
(1) Inclusions. Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.
(2) Exclusions.
(A) Damage which can be remedied temporarily at the scene of the accident without special tools or parts.
(B) Tire disablement without other damage even if no spare tire is available.
(C) Headlamp or taillight damage.
(D) Damage to turn signals, horn, or windshield wipers which make them inoperative.
(j) Drive away-tow away operation - means any operation in which a motor vehicle constitutes the commodity being transported and one or more set of wheels of the motor vehicle being transported are on the surface of the roadway during transportation.
(k) Driver - means any person who operates any commercial motor vehicle.
(l) Driving a commercial motor vehicle while under the influence of alcohol- means committing any one or more of the following acts in a CMV: driving a CMV while the person’s alcohol concentration is 0.04 percent or more; driving under the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of §383.5l(b)(2)(i)(A) or (B), or §392.5(a)(2).
(m) Emergency - means any hurricane, tornado, storm (e.g. thunderstorm, snowstorm, ice storm, blizzard, sandstorm, etc.), high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout or other occurrence, natural or man-made, which interrupts the delivery of essential services (such as, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food and fuel) or otherwise immediately threatens human life or public welfare, provided such hurricane, tornado or other event results in:
(1) A declaration of an emergency by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; by the Regional Director of Motor Carriers for the region in which the occurrence happens; or by other Federal, State or local government officials having authority to declare emergencies; or
(2) A request by a police officer for tow trucks to move wrecked or disabled motor vehicles.
(n) Emergency relief - means an operation in which a motor carrier or driver of a commercial motor vehicle is providing direct assistance to supplement State and local efforts and capabilities to save lives or property or to protect public health and safety as a result of an emergency as defined in this section.
(o) Employee - means any individual, other than an employer, who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety. Such term includes a driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle), a mechanic, and a freight handler. Such term does not include an employee of the United States, any State, any political subdivision of a State, or any agency established under a compact between States and approved by the Congress of the United States who is acting within the course of such employment.
(p) Employer - means any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business or assigns employees to operate it, but such term does not include the United States, any state, any political subdivision of a State, or an agency established under a compact between States approved by the Congress of the United States.
(q) Exempt intra-city zone - means the geographic area of a municipality or the commercial zone of that municipality described by the FHWA in 49 CFR part 372, subpart B. The descriptions are printed in Appendix F to Subchapter B of this Chapter. The term “exempt intra-city zone” does not include any municipality or commercial zone in the State of Hawaii. For purposes of §391.2(d), a driver may be considered to operate a commercial motor vehicle wholly within an exempt intra-city zone notwithstanding any common control, management, or arrangement for a continuous carriage or shipment to or from a point without such zone.
(r) Exempt motor carrier - means a person engaged in transportation exempt from economic regulation by the Interstate Commerce Commission (ICC) under 49 U.S.C. 10526, “Exempt motor carriers” are subject to the safety regulations set forth in this sub-chapter.
(s) Farm vehicle driver - means a person who drives only a commercial motor vehicle that is:
(1) Controlled and operated by a farmer as a private motor carrier of property;
(A) Being used to transport either
(2) Agricultural products, or
(3) Farm machinery, farm supplies, or both, to or from a farm;
(A) Not being used in the operation of a for-hire motor carrier;
(B) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with § 177.823 of this subtitle; and
(C) Being used within 150 air-miles of the farmer’s farm.
(t) Farmer - means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which:
(1) Are owned by that person; or
(2) Are under the direct control of that person.
(u) Fatality - means any injury which results in the death of a person at the time of the motor vehicle accident or within 30 days of the accident.
(v) Federal Highway Administrator - means the chief executive of the Federal Highway Administration, an agency within the Department of Transportation.
(w) For-hire motor carrier - means a person engaged in the transportation of goods or passengers for compensation.
(x) Gross combination weight rating (GCWR) - means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
(y) Gross vehicle weight rating (GVWR) - means the value specified by the manufacturer as the loaded weight of a single motor vehicle.
(z) Hazardous material - means a substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated.
(aa) Hazardous substance - means a material, and its mixtures or solutions, that is identified in the appendix to §172.101, List of Hazardous Substances and Reportable Quantities, of this title when offered for transportation in one package, or in one transport motor vehicle if not packaged, and when the quantity of the material therein equals or exceeds the reportable quantity. This definition does not apply to petroleum products that are lubricants or fuels, or to mixtures or solutions of hazardous substances if in a concentration less than that shown in the table in § 171.8 of this title, based on the reportable quantity (RQ) specified for the materials listed in the Appendix to § 172.101.
(bb) Hazardous waste - means any material that is subject to the hazardous waste manifest requirements of the EPA specified in 40 CFR Part 262 or would be subject to these requirements absent an interim authorization to a State under 40 CFR Part 123, Subpart F.
(cc) Highway - means any road, street, or way, whether on public or private property, open to public travel. “Open to public travel” means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates.
(dd) Interstate commerce - means trade, traffic, or transportation in the United States:
(1) Between a place in a State and a place outside of such State (including a place outside of the United States);
(2) Between two places in a State through another State or a place outside of the United States; or
(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.
(ee) Intrastate commerce - means any trade, traffic, or transportation any State which is not described in the term “interstate commerce.”
(ff) Medical examiner - means a person who is licensed, certified, and/or registered, in accordance with applicable State laws and regulations, to perform physical examinations. The term includes, but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.
(gg) Motor carrier - means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers and representatives 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 equipment and/or accessories. For purposes of sub chapter B, this definition includes the terms employer and exempt motor carrier.
(hh) Motor vehicle - means any vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Highway Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.
(ii) Multiple-employer driver - means a driver, who in any period of 7 consecutive days, is employed or used as a driver by more than one motor carrier.
(jj) Operator. See driver.
(kk) Other terms - any other term used in this sub chapter is used in its commonly accepted meaning, except where such other term has been defined elsewhere in this sub chapter. In that event, the definition therein given shall apply.
(ll) Out-of-service order - means a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation, is out-of- service pursuant to §386.72, 392.5, 395.13., 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria.
(mm) Person - means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.
(nn) Principal place of business - means the single location designated by the motor carrier, normally its headquarters, for purposes of identification under this sub chapter. The motor carrier must make records required by parts 382, 387, 390, 391, 395, 396, and 397 of this sub chapter available for inspection at this location within 48 hours (Saturdays, Sundays, and Federal holidays excluded) after a request has been made by a special agent or authorized representative of the Federal Highway Administration.
(oo) Private motor carrier - means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier.
(pp) Private motor carrier of passengers (business) - means a private motor carrier engaged in the interstate transportation of passengers which is provided in the furtherance of a commercial enterprise and is not available to the public at large.
(qq) Private motor carrier of passengers (nonbusiness) - means private motor carrier involved in the interstate transportation of passengers that does not otherwise meet the definition of a private motor carrier of passengers (business).
(rr) Radar detector - means any device or mechanism to detect the emission of radio microwaves, laser beams or any other future speed measurement technology employed by enforcement personnel to measure the speed of commercial motor vehicles upon public roads and highways for enforcement purposes. Excluded from this definition are radar detection devices that meet both of the following requirements:
(1) Transported outside the driver’s compartment of the commercial motor vehicle. For this purpose, the driver’s compartment of a passenger-carrying CMV shall include all space designed to accommodate both the driver and the passengers; and
(2) Completely inaccessible to, inoperable by, and imperceptible to the driver while operating the commercial motor vehicle.
(ss) Regional Director of Motor Carriers - means the Director of the Office of Motor Carriers, Federal Highway Administration, for a given geographical region of the United States.
(tt) Residential district - means the territory adjacent to and including a highway which is not a business district and for a distance of 300 feet or more along the highway is primarily improved with residences.
(uu) School bus - means a passenger motor vehicle which is designed or used to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting pre primary, primary, or secondary school students to such schools from home or from such schools to home.
(vv) School bus operation - means the use of a school bus to transport only school children and/or school personnel from home to school and from school to home.
(ww) Secretary - means the Secretary of Transportation.
(xx) Single-employer driver - means a driver who, in any period of 7 consecutive days, is employed or used as a driver solely by a single motor carrier. This term includes a driver who operates a commercial motor vehicle on an intermittent, casual, or occasional basis.
(yy) Special agent. See Appendix B to Sub chapter B - Special Agents.
(zz) State - means a State of the United States and the District of Columbia and includes a political subdivision of a State.
(aaa) Trailer - includes:
(1) Full trailer means any motor vehicle other than a pole trailer which is designed to be drawn by another motor vehicle, and so constructed that no part of its weight, except for the towing device, rests upon the self-propelled towing motor vehicle. A semi trailer equipped with an auxiliary front axle (converter dolly) shall be considered a full trailer.
(2) Pole trailer means any motor vehicle which is designed to be drawn by another motor vehicle and attached to the towing motor vehicle by means of a “reach” or “pole,” or by being “boomed” or otherwise secured to the towing motor vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members, which generally are capable of sustaining themselves as beams between the supporting connections.
(3) Semi trailer means any motor vehicle, other than a pole trailer, which is designed to be drawn by another motor vehicle and is constructed so that some part of its weight rests upon the self-propelled towing motor vehicle.
(bbb) Truck - means any self-propelled commercial motor vehicle except a truck tractor, designed and/or used for the transportation of property.
(ccc) Truck tractor - means a self-propelled commercial motor vehicle designed and / or used primarily for drawing other vehicles.
(ddd) United States - means the 50 States and the District of Columbia.
(Ord. 3615, Sec. 4; Code 2008)
Inspection of Motor Vehicles in Operation. Section 396.9 of the Federal Motor Carrier Safety Regulations entitled “Inspection of Motor Vehicles” is amended and changed to read as follows:
(a) Personnel authorized to perform inspections. Inspections of motor carriers̓ vehicles in operation shall be conducted by Commercial Vehicle Safety Alliance (CVSA) certified officers. These certified officers are authorized to enter upon and perform inspections of motor carriers̓ vehicles in operation.
(b) Prescribed inspection report. A driver/vehicle examination report shall be used to record results of motor vehicle inspections conducted by authorized City of Osawatomie personnel.
(c) Motor vehicles declared “out of service.”
(1) Authorized personnel shall declare and mark “out of service” any motor vehicle which by reason of its mechanical condition or loading would likely cause an accident or a breakdown. An “Out of Service Vehicle” sticker, shall be used to mark vehicles “out of service.”
(2) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked, “out of service” until all repairs required by the “out of service notice” have been satisfactorily completed.
The term “operate” as used in this section shall include towing the vehicle, except that vehicles marked “out of service” may be towed away by means of a vehicle using a crane or hoist. A vehicle combination consisting of the emergency towing vehicle and an “out of service” vehicle shall not be operated unless such combination meets the performance requirements of this sub chapter except for those conditions noted on the driver equipment compliance check.
(3) No person shall remove the “Out of Service Vehicle” sticker from any motor vehicle prior to completion of all repairs required by the “out of service notice.”
(d) Motor Carrier’s disposition.
(1) The driver of any motor vehicle receiving an inspection report shall deliver it to the motor carrier operating the vehicle upon his arrival at the next terminal or facility. If the driver is not scheduled to arrive at a terminal or facility of the motor carrier operating the vehicle within 24 hours, the driver shall immediately mail the report to the motor carrier.
(2) Motor carriers shall examine the report. Violations or defects noted thereon shall be corrected.
(3) Within 15 days following the date of the inspection, the motor carrier shall:
(A) Certify that all violations noted have been corrected by completing the “Signature of Carrier Official, Title, and Date Signed” portions of the form; and
(B) Return the completed roadside inspection form to the issuing agency at the address indicated on the form and retain a copy at the motor carrier’s principal place of business or where the vehicle is housed for 12 months from the date of inspection.
(Ord. 3615, Sec. 5; Code 2008)
Any rules and regulations adopted pursuant to this Chapter shall not apply to the following while engaged in the carriage of intrastate commerce in this state:
(a) 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, or in the motor vehicle of a neighbor on the basis of barter or exchange for service or employment.
(b) The transportation of children to and from school, or 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.
(c) Motor vehicles carrying tools, property or material belonging to the owner of the vehicle and
(1) Except for motor vehicles under subparagraph (2), motor vehicles with a gross vehicle weight rating 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; or
(2) Except vehicles transporting hazardous materials which require placards, motor vehicles with a gross vehicle weight rating 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 and such tools, property or material are being transported to or from an active construction site located within a radius of 25 miles of the principal place of business of the motor carrier.
(d) Persons operating motor vehicles which have an ad valorem tax situs in and are registered in the state of Kansas, and used only to transport grain from the producer to an elevator or other place for storage or sale for a distance of not to exceed 50 miles.
(e) The operation of hearses, funeral coaches, funeral cars or ambulances by motor carriers.
(f) 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.
(g) Any motor vehicle with a normal seating capacity of not more than the driver and 15 passengers while used for van pooling 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 accustomed to work.
(h) Motor vehicles used to transport water for domestic purposes or livestock consumption.
(i) The operation of vehicles used for servicing, repairing or transporting 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.
(Ord. 3615, Sec. 6; Code 2008)
(a) It is unlawful for any person to violate any of the provisions of this article.
(b) The judge in the municipal court shall in the manner prescribed by K.S.A. 12-4305 and amendments thereto establish scheduled fines for violation of any section of this article. Such fines shall be imposed upon a voluntary entry of appearance and upon a plea of guilty or no contest to a complaint alleging such violation and payment of the fine and any court costs.
(c) Any person convicted of a violation of any of the provisions of this article shall be punished, subject to limitations otherwise provided in this adopting ordinance, by a fine not to exceed Twenty Five Hundred Dollars ($2,500.00) or imprisonment in jail for not more than six (6) months, or be both so fined and imprisoned. Each day during or upon which a violation occurs or continues shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. 3615, Sec. 7; Code 2008)
If any provision of this Article is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the code and the applicability thereof to other persons and circumstances shall not be affected thereby.
(Ord. 3615, Sec. 8; Code 2008)
Neither the adoption of this article nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution or civil enforcement for violations of ordinances, which violations were committed prior to the effective date hereof nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.
(Ord. 3615, Sec. 9; Code 2008)