The following portions of the Federal Motor Carrier Safety Regulations, promulgated by the Federal Motor Carrier Safety Administration as prepared and published in book form by J.J. Keller & Associates, In., 3003 W. Breezeway Lane, P.O. Box 368, Neenah, Wisconsin 54957-0368 (or subsequent publisher) 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. 1242, Sec. 1; Code 2011)

There shall be at least one copy of the regulations adopted by reference kept on file in the office of the City Clerk, to which will be attached a copy of the incorporating ordinance.  Any such copy or copies will be marked or stamped “Official Copy as incorporated by City Ordinance” with all sections or portions of sections intended or amended clearly marked to show the deletion or the change.  Such copy or copies shall be made available to the public upon request for inspection at all reasonable hours.  The municipal judge, police department, city attorney, and all administrative departments of the City of Baldwin City charged with the enforcement of this ordinance shall be supplied with copies of such regulations.

(Ord. 1242, Sec. 2; Code 2011)

Section 396.9 of the Federal Motor Carrier Safety Regulations, referenced above, entitled “Inspection of Motor Vehicles” is amended for local enforcement 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 Baldwin City police officers.

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

(1)          Authorized personnel shall declare and mark “out of service” any vehicle which by reason of its 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 operate 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 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 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 arrival at the next terminal or 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 at the motor carrier’s principal place of business or where the vehicle is housed for 12 months from the date of inspection.

(Ord. 1242, Sec. 3; Code 2011)

The rules and regulations adopted pursuant to this ordinance 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 of barter or exchanged 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)      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 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 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, officers, 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.

(Ord. 1242, Sec. 4; Code 2011)

(a)      For the purposes of this ordinance, 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 subparagraph (1) of this definition.

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

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

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

(A)         Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or

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

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

(D)         Is used in transporting material found by the United States. 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.

(c)      It is the legislative intent of this ordinance to apply the requirements and prohibitions of the Federal Motor carrier Safety Regulations incorporated by reference to all commerce, both interstate and intrastate within the State of Kansas, unless specifically provided otherwise.

(Ord. 1242, Sec. 5; Code 2011)

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 Baldwin City, and amendments thereto.  This ordinance shall not be interpreted to permit any actions or activities otherwise illegal under Kansas law or the ordinances of the City of Baldwin City, and in the event that otherwise illegal actions or activities would be permitted under this ordinance, or would be punished less stringently under this ordinance, those acts shall be excepted from the prohibitions of this ordinance.  If this ordinance merely goes further in its prohibitions than the above referenced Kansas Statutes or ordinances of the City of Baldwin City, no conflict shall exist for the purposes of this section.

(Ord. 1242, Sec. 6; Code 2011)

(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 ordinance, the offender shall be sentenced to pay a fine in an amount not to exceed $500, 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 not less than seventy-five ($75.00) dollars.

(Ord. 1242, Sec. 7; Code 2011)

The provisions of this article are Local Traffic Regulations intended to supplement and amend as necessary the Standard Traffic Ordinance in effect for the City of Baldwin City.  As such, all ordinances or parts of ordinances in conflict with the provisions herein shall be repealed to the extent required to resolve such conflict.

(Ord. 1242, Sec. 8; Code 2011)

If any portion of this article is declared invalid for any reason, such invalidity shall not affect the remaining portions of this article.  To this end, the provisions of this article are declared severable. 

(Ord. 1242, Sec. 9; Code 2011)