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66-1,108. Transportation by motor carriers; definitions. As used in this act:

(a) "Commission" means the corporation commission of the state of Kansas;

(b) "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 transportation 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;

(c) "public motor carrier of household goods" means any person who undertakes for hire to transport by commercial motor vehicle, from place to place, the household goods of others who may choose to employ or contract with the motor carrier;

(d) "public motor carrier of passengers" means any person who undertakes for hire to transport by commercial motor vehicle, from place to place, persons who may choose to employ or contract with the motor carrier; and

(e) "public motor carrier of property" means any person who undertakes for hire to transport by commercial motor vehicle, from place to place, the property other than household goods of others who may choose to employ or contract with the motor carrier.

History: L. 1931, ch. 236, § 1; L. 1933, ch. 229, § 1; L. 1959, ch. 258, § 1; L. 2001, ch. 73, § 1; L. 2003, ch. 124, § 14; L. 2004, ch. 152, § 5; L. 2009, ch. 119, § 10; L. 2017, ch. 18, § 5; L. 2021, ch. 77, § 2; July 1.

Source or Prior Law:

66-196.

Cross References to Related Sections:

Employee status of motor carrier not altered due to deployment, implementation or use of motor carrier safety improvements, see 44-132.

Law Review and Bar Journal References:

"Motor Carrier Cases Before the State Corporation Commission," Larry E. Gregg, 48 J.B.A.K. 107, 109 (1979).

"Transportation in Transition: KCC Regulation of Motor Carriers into the 1980's," Mary Piper Wettig, 57, No. 5, J.K.B.A. 19 (1988).

"Public Motor Carriers, Negligence Per Se and Attorneys Fees Too," Robert G. Herndon, J.K.T.L.A. Vol. XXI, No. 6, 9 (1998).

Attorney General's Opinions:

Regulation of motor carriers of persons and property; special stops required; vehicles required to stop at railroad crossings; carriers of hazardous materials. 87-155A.

CASE ANNOTATIONS

1. Constitutional objection as to "contract carriers" held not to invalidate act. Louis v. Boynton, 53 F.2d 471.

2. Act held constitutional and valid. Continental Baking Co. v. Woodring, 55 F.2d 347. Affirmed: 286 U.S. 352, 52 S. Ct. 595, 76 L.Ed. 1155.

3. Cited in upholding information charging various violations of act. State v. Reed, 145 Kan. 459, 461, 65 P.2d 1083.

4. Ordinance regulating use of streets by oil transport trucks held valid. Ash v. Gibson, 146 Kan. 825, 832, 67 P.2d 1101. Modified: 146 Kan. 756, 74 P.2d 136.

5. Commission's order fixing minimum rates for contract motor carriers held valid. Atchison, T. & S.F. Rly. Co. v. Corporation Comm., 150 Kan. 553, 554, 95 P.2d 554.

6. Contract carrier not common carrier, nor subject to laws generally relating to common carriers. Volok v. McCarter Truck Line, 156 Kan. 128, 130, 131 P.2d 713.

7. Trucker held contract carrier; private and contract carriers distinguished; unlicensed contract carrier's contract illegal. Roddy v. Hill Packing Co., 156 Kan. 706, 712, 137 P.2d 215.

8. Damage action; under evidence whether carrier engaged in exempt transaction held jury question. Waugh v. Kansas City Public Service Co., 157 Kan. 690, 697, 143 P.2d 788.

9. Mentioned; violation of restricted permit by private carrier; insurer not relieved of liability. Briggs v. Burk, 172 Kan. 375, 377, 239 P.2d 981.

10. Private carrier licensee acted as driver for public carrier; insurance carriers' liabilities. Maryland Casualty Co. v. National Mut. Casualty Co., 170 F.2d 759, 761.

11. Burden is upon applicant for contract carrier permit to prove that unfair competition is not present. Darnell Truck Service v. State Corporation Commission, 194 Kan. 96, 101, 397 P.2d 385.

12. Allegations that statutes could not be applied to plaintiffs' business did not justify convening three-judge court; question of fact. Bartlett & Co., Grain v. State Corp. Com'n of Kansas, 223 F. Supp. 975, 977, 978, 981.

13. Noted in opinion holding 66-176 grants court in damage action power to award treble damages; KCC cannot award damages. Western Kansas Express, Inc. v. Dugan Truck Lines, Inc., 11 Kan. App. 2d 336, 337, 341, 720 P.2d 1132 (1986).

14. Whether stop and search of trailer was valid regulatory search under closely regulated industry case law examined. U.S. v. Seslar, 996 F.2d 1058, 1062 (1993).

15. Whether rental truck used to move personal belongings is a "motor carrier" examined; "motor carrier" defined. State v. Campbell, 19 Kan. App. 2d 778, 782, 875 P.2d 1010 (1994).

16. Kansas corporation commission's interpretation of motor carrier statute challenged; dismissed for failure to exhaust administrative remedies. Midwest Crane & Rigging, Inc. v. Kansas Corporation Commission, 38 Kan. App. 2d 269, 273, 163 P.3d 1244 (2007).

17. Cited; traffic stop upheld to conduct a commercial vehicle safety inspection. U.S. v. Triska, 574 F. Supp. 2d 1208, 1215 (2008).


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