ORDINANCE NO. 9222

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER XVII, ARTICLE 10, SECTIONS 17-1001 AND 17-1004, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO FEDERAL MOTOR CARRIER SAFETY REGULATIONS, AND REPEALING EXISTING SECTIONS 17-1001 AND 17-1004.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1: Section 17-1001 of the Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, is hereby amended to read as follows:

17-1001 FEDERAL MOTOR CARRIER SAFETY REGULATIONS INCORPORATED.

The following portions of the Federal Motor Carrier Safety Regulations, promulgated by the Federal Motor Carrier Safety Administration as set forth in the ~~2005~~ November 2015 Edition of those regulations, as prepared and published in book form by J.J. Keller & Associates, Inc., 3003 W. ~~Breezeway~~ Breezewood 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:

Part	Adopted Subparts and Sections
383	383.5 383.21 383.37 383.51(a)(1) & (2) Subpart F in its entirety
390	All
391	Subpart A in its entirety Subpart B in its entirety Subpart E in its entirety Subpart G in its entirety
392	All
393	All
395	All
396	All

SECTION 2: Section 17-1004 of the Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, is hereby amended to read as follows:

17-1004 Exceptions to the Motor Vehicle Safety Act.

The rules and regulations adopted pursuant to this 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 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 or 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 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) Private motor carriers domiciled in Kansas operating commercial motor vehicles (CMV) with a gross vehicle weight (GVW), gross vehicle weight rating (GVWR), gross combination weight (GCW), or gross combination weight rating (GCWR) of 10,001 to 26,000 pounds and registered pursuant to K.S.A. 8-126 et seq., and amendments thereto. This exception does not apply to commercial motor vehicles, regardless of weight, which are designed or used to transport 16 or more passengers, including the driver, or intrastate public (for hire) motor carriers of property or passengers, or any motor vehicles which are used in the transportation of hazardous materials and required to be placarded pursuant to 49 C.F.R. part 172, subpart F. For the purpose of this subsection, ‘‘domicile’’ shall mean the principal place of business of a motor carrier or a permanent location in Kansas for a vehicle or vehicles annually registered in Kansas.

Private motor carriers domiciled in Kansas operating commercial motor vehicles (CMV) with a gross vehicle weight (GVW), gross vehicle weight rating (GVWR), gross combination weight (GCW), or gross combination weight rating (GCWR) of 10,001 to 26,000 pounds and registered pursuant to K.S.A. 8-126 et seq., and amendments thereto. Such carriers shall comply with 49 C.F.R. part 393, subpart I (load securement) and subpart F (coupling devices); and 49 C.F.R. part 396.17 (annual inspection). Any deficiencies related to the above regulations discovered roadside or any defects identified at the time of the annual inspection shall be corrected prior to returning the commercial motor vehicle to operational status.

~~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 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 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))

SECTION 3: Sections 17-1001 and 17-1004 of the Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, are hereby repealed, it being the intent of the Governing Body that the provisions of this ordinance supersede the repealed Code sections.

SECTION 4: If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 5: This ordinance shall take effect and be in force after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of June 2016.

APPROVED:

_____________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.