The following portions of the Federal Motor Carrier Safety Regulations, promulgated by the Federal Motor Carrier Safety Administration as set forth in the 2005 Edition of those regulations as prepared and published in book form by J.J. Keller & Associates, Inc., 3003 W. Breezeway Lane, P.O. Box 368, Neenah, Wisconsin 54957-0368 are hereby incorporated by reference and made part of this article except for those articles, sections, or parts that are explicitly omitted, changed or added by other sections of this article:

(Ord. 979; Code 2016)

There shall be not less than three copies of the regulations adopted by reference in the section 14-701 kept on file in the office of the city clerk, to which will be attached a copy of the incorporating ordinance. Each of these copies will be marked or stamped “Official Copies as incorporated by Ordinance No. 970” with all sections or portions of sections intended or amended clearly marked to show the deletion or the change. These copies shall be made available upon request to the public for inspection at all reasonable hours. The municipal judge charged with the enforcement of this ordinance shall be supplied with copies of this ordinance at the cost of the city.

(Ord. 979; Code 2016)

Section 369.9 of the Federal Motor Carrier Safety Regulations referenced in section 17-701, above, entitled “Inspection of Motor Vehicles” is amended to read as follows:

(a)   Personnel authorized to perform inspections – Inspections of motor carriers’ vehicles in operation shall be conducted by Commercial Vehicle Safety Alliance (CVSA) certified police officers, and such officers shall have the authority to enter upon and perform inspections of such vehicles.

(b)   Prescribed inspection report – A driver/vehicle examination report shall be used to record the results of motor vehicle inspections conducted by authorized City of Eudora police officers.

(c)   Motor vehicle declared “out of service”.

(1)   Authorized personnel shall declare and mark “out of service” any vehicle which by reason of it 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 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 a 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 subchapter 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 the completion of all repairs required by the “out of service notice”.

(d)   Motor carrier disposition.

(1)   The driver of any vehicle receiving an inspection report shall deliver it to the motor carrier operating the vehicle upon his/her arrival at the next terminal 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 complete roadside inspection form to the issuing agency at the address indicated on the form and retain a copy of the motor carrier’s principle place of business or where the vehicle is housed for 12 months from the date of inspection.

(Ord. 979; Code 2016)

The rules and regulations adopted pursuant to the article shall not apply to the following while engaged in the carriage of intrastate commerce within the State of Kansas.

(a)   The owner of livestock or producer of farm products transporting livestock of such producer to market in a motor vehicle of such owner or producer, or the motor vehicle of a neighbor on the basis or barter or exchange for service or employment, or to such owner or producer transporting supplies for the basis of barter or exchange for service 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 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.

(c)   Certain vehicles weighing less than 26,000 pounds:

(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 transported for the purpose of sale, except vehicles transporting hazardous materials which require placards.

(2)   Except vehicles transporting hazardous materials which require placards, motor vehicles, with a gross vehicle weight rating or 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 principle 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 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, funereal coaches, funereal cars or ambulances by motor carriers.

(f)    Motor vehicles owner 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 when 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 accustomed to work.

(h)   Motor vehicles used to transport water for domestic purposes, as defined by subsection (c) of K.S.A. 82a-701, and amendments thereto, 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, unless the implement of husbandry is transported on a commercial motor vehicle.

(K.S.A. 66-1,129(c); Ord. 979; Code 2016)

(a)   For the purpose of this article, including all regulations incorporated by reference, the term “commerce” shall mean:

(1)   Any trade, traffic or transportation that takes place within the State of Kansas, or within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States

(2)   Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation within paragraph (1) of this definition.

Any other conflicting definitions of commerce contained in the incorporated regulations shall be without force or effect.

(b)   The definition “commercial motor vehicle” set forth in 390.5 of the incorporated Federal Motor Carrier Regulations is amended to read as follows:

Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce within the State of Kansas to transport passengers or property when the vehicle:

(1)   Has a gross vehicle weight rating or gross combination weight rating, gross vehicle weight or gross combination weight, of 43,536 kg (10,001) pounds or more, whichever is greater; or

(2)   Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

(3)   Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers; including the driver, and is not used to transport passengers for compensation; or

(4)   Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 C.F.R., subtitle B, chapter I, subchapter C.

(Ord. 979; Code 2016)

The provisions of the Federal Motor Carrier Safety Regulations incorporated by reference in this article shall not apply when their application would conflict with the Kansas Statutes, and amendments thereto, or other ordinances of the City of Eudora, and amendments thereto. This article shall not be interpreted to permit any actions or activities otherwise illegal under Kansas law or the ordinances of the City of Eudora, and in the event that otherwise illegal actions or activities would be permitted under this article, or would be punished less stringently under this article, these acts shall be excepted from the prohibitions of this article. If this article merely goes farther in its prohibitions than the above referenced Kansas Statutes or ordinances of the City of Eudora, no conflict shall exist for the purposes of this section.

(Ord. 979; Code 2016)

(a)   It is unlawful for any person to violate any of the provisions of this article, including all provisions incorporated by reference.

(b)   Upon conviction of a violation of any provision of this article, the offender shall be sentenced to pay a fine in an amount set by resolution of the governing body from time to time, or to serve a term of imprisonment not to exceed six months, or both. In the case of continuing violations, each day that a violation continues shall constitute a separate offense.

(c)   The municipal judge may, at his or her discretion, establish a schedule of fines for violations of this ordinance. Such fines shall be imposed upon a voluntary entry of appearance and plea of guilty or no contest to a complaint alleging such violation. Any such fine so established shall be in an amount set by resolution of the governing body from time to time,.

(Ord. 979; Code 2016)