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Kansas Corporation Commission Temporary K.A.R. 82-4-3a

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Date Added: 12/18/2017
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K.A.R. 82-4-3a

            K.A.R. 82-4-3a provides rules and regulations pertaining to hours of service requirements for motor carriers. The regulation adopts by reference 49 C.F.R. Part 395, and thus, covers the scope of the rules, definitions, maximum driving time for property-carrying vehicles (permissible hours of work shifts, rest breaks, and re-start rules), maximum driving time for passenger-carrying vehicles (permissible on-duty and off-duty hours), requirements for drivers’ record of duty status, driver out-of-service standards, and automatic on-board recording devices.

            On December 16, 2015, 49 C.F.R. 395 was amended by the Federal Motor Carrier Safety Administration to  require motor carrier drivers to use electronic logging devices to record Hours of Service for any motor carrier whose operations currently require them to prepare a Records of Duty Status. This change was made to improve compliance with the Hours of Service rules, which are currently kept by handwritten documentation.  The Kanas Corporation Commission seeks temporary adoption of these new electronic logging device rules so that enforcement related to this rule can begin.  Temporary adoption will create ease of application for motor carriers and ease of enforcement by the Kansas Highway Patrol.  The other minor amendments to the regulation incorporate edits to reflect minor grammatical and form corrections, and recent updates to other portions of this FMCSA regulation.

Anticipated Economic Impact.

            The Transportation Division of the Commission anticipates an initial cost to motor carriers to install and maintain the Electronic Logging Devices, but is unable to put a specific dollar figure on this impact.  The use of electronic logging devices is a change that the motor carrier industry has been preparing for nationally over several years and for the sake of maintaining consistency of enforcement among states and limiting confusion within the industry, the Commission is adopting the federal rule. This will allow the Kansas Highway Patrol to enforce the regulations in the manner uniform with other states.

Description of Less Costly Methods Considered Addressing this Issue.

            The proposed amendments do not change the hours of service rules or exemptions that are currently in effect, but make tracking and reporting those numbers more effective. Adopting the section on electronic logging devices is the least costly method to the state because failing to adopt this regulation puts Kansas out of step with the national movement towards use of ELDs and jeopardize federal funds.

Kansas Corporation Commission Temporary K.A.R. 82-4-3a

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