Governor Laura Kelly extends relief from certain motor carrier rules and regulations until Dec. 31

16 Sep Governor Laura Kelly extends relief from certain motor carrier rules and regulations until Dec. 31

This week, Governor Laura Kelly signed Executive order No. 20-65, extending conditional and temporary relief from certain motor carrier rules and regulations. The rule is set to expire at 11:59 p.m. on December 31, 2020 or until the statewide State of Disaster Emergency extended by House Bill 2016 expires, whichever is earlier.

1. In accordance with the FMCSA’s declaration under Title 49 C.F.R. § 390.23(a)(l)(i), Title 49 C.F.R §§ 390-399 are hereby suspended for motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief or restoration efforts, except that 49 C.F.R. §§ 392.2, 392.3, 392.80, and 392.82 remain in effect.
2. Motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief and restoration efforts may haul up to 10% more than their licensed weight on Kansas highways, not to exceed 90,000 pounds.
3. All other applicable state and federal regulations shall continue to apply, including but not limited to: Title 49 C.F.R. Part 382, Controlled Substances and Alcohol Use and Testing; the Kansas Motor Vehicle Driver’s License Act, K.S.A. 8-234 et. seq., and Title 49 C.F.R. Part 383 Commercial Driver’s License Standards as adopted by the Kansas Uniform Commercial Drivers’ License Act, K.S.A. 8-2,125 et. seq., the federal Minimum Levels of Financial Responsibility (insurance requirements) Title 49 C.F.R. Part 387 as adopted by K.A.R. 82-4-3n and state insurance requirements as provided in K.A.R. 82-4-23; and, adherence to the regulations governing the Transportation of Hazardous Materials as provided Title 49 C.F.R. 397 and adopted by K.A.R. 82-4-3k and Parts: 107, 171-173, 177, 178 and 180 as adopted by K.A.R.82-4-20.
4. The licensing, certification, and permitting rules and regulations as required by the Kansas Corporation Commission are temporarily suspended for motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief or restoration efforts.
5. The registration and fuel tax permits as enforced by the Kansas Department of Revenue are temporarily suspended for motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief or restoration efforts.
6. Motor carriers and persons operating commercial vehicles actively participating in COVID-19 relief or restoration efforts must still obtain the requisite over­-dimension/overweight permits as required by the Kansas Department of Transportation prior to operating; however, the fees associated with these permits are temporarily waived.
7. Except as specifically stated in this order, all other state motor carrier laws or regulations remain in full force and effect.
8. This order supersedes any contrary order by any local health department regarding motor caniers and should be read in conjunction with previous executive orders responding to the COVID-19 pandemic. Any contrary provision in previous executive orders is superseded by this order.

This document shall be filed with the Secretary of State as Executive Order No. 20-65. It shall become effective immediately and remain in force until rescinded, until 11 :59 p.m. on December 31, 2020, or until the statewide State of Disaster Emergency extended by House Bill 2016 enacted during the June 2020 special session relating to COVID-19 expires, whichever is earlier.