State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter8 > Article1 > Statutes_1350

8-1,100


Chapter 8.–AUTOMOBILES AND OTHER VEHICLES

Article 1.–GENERAL PROVISIONS

     
8-1,100.   Apportioned registration of fleet vehicles
engaged in interstate
commerce; definitions.

As used in this act, the following words and phrases shall have the meanings
respectively ascribed to them herein: (a) The words “vehicle,” “motor vehicle,”
“truck,” “truck tractor,” “trailer,” “semitrailer,” “pole trailer,” “specially
constructed vehicle” and “passenger vehicle” shall have the meanings
respectively
ascribed to them by K.S.A. 8-126, and
amendments thereto;

     
(b)   “division” means the division of vehicles of the department of revenue;

     
(c)   “director” means the director of vehicles of the division of vehicles
within the department of revenue;

     
(d)   “commercial vehicle” means any motor vehicle, other than a passenger
vehicle, and any trailer, semitrailer or pole trailer drawn by such motor
vehicle, which vehicle is designed, used and maintained for the transportation
of persons or property for hire, compensation, profit, or in the furtherance
of a commercial enterprise;

     
(e)   “fleet” means one or more commercial vehicles, at least one of which
is a motor vehicle;

     
(f)   “jurisdiction” means the states and territories of the United States,
the District of Columbia, the provinces of Canada, the states and territories
of the Federal District of Mexico, and the states, provinces and territories
of any foreign country;

     
(g)   “person” means an individual, firm, partnership, association,
corporation, estate or trust;

     
(h)   “owner” means:

     
(1)   Any person who is lawfully entitled to possession of
a commercial vehicle and who has the right to control the operation of
such vehicle;

     
(2)   in the event a commercial vehicle is the subject of a
lease without a driver, the lessor shall be deemed the owner;

     
(3)   in the event
a commercial vehicle is the subject of
a lease with a driver, the lessee or the lessor shall be deemed the
owner;

     
(i)   “preceding year” means a period of 12 consecutive months authorized
by any bilateral or multijurisdictional agreement lawfully entered into
by the director of vehicles, which 12 consecutive months shall end on a
date of the year immediately preceding the commencement of the registration
or license year for which apportioned registration is
sought. In the absence
of an agreement, such 12 consecutive months shall coincide with the definition
for preceding year as provided by any multijurisdictional agreement to which
this state is a member jurisdiction and such multijurisdictional agreement
has the greater number of member jurisdictions;

     
(j)   “based, base point and base jurisdiction” means the jurisdiction where
an owner has an established place of business where operational records
of the owner's fleet are maintained or can be made available, and where
mileage is accrued by such fleet, and the vehicles of
such fleet are most frequently dispatched, garaged, serviced, maintained,
operated or otherwise controlled;

     
(k)   “place of business” means the place or location where an owner has
a terminal, warehouse, office, garage or some permanent bona fide address
at which one or more employees report and perform regular and continuing
service for the owner;

     
(l)   “base plate” means a registration or license plate issued by this
state to a commercial vehicle based in and
registered on an apportioned basis in this state;

     
(m)   “total fleet miles” means the total number of miles operated during
the preceding year in this state and in each and all other jurisdictions
by the motor vehicles of a fleet, which motor vehicles were
registered on an apportioned basis in this state during such preceding year
by the owner operating
such motor vehicles such total number of miles. Total fleet miles shall
include miles operated upon a toll road;

     
(n)   “in-state miles” means the total number of miles operated in this
state during the preceding year by motor vehicles of a fleet which were
registered on an apportioned basis in this state during
such
preceding year by the
owner operating such total number of miles in this state. In the case of
a fleet based in this state, in-state miles operated in jurisdictions other
than Kansas shall be considered as Kansas in-state miles when
such jurisdictions, by virtue of law or an agreement made with this state
extends interstate reciprocity to the vehicles of such fleet;

     
(o)   “utility trailer” means any trailer of a rental fleet of 250 or more
trailers, each having an empty weight of 2,000 pounds or less and a gross
weight of not more than 8,000 pounds; and

     
(p)   “converter gear” means an auxiliary axle assembly having a fifth wheel
used for the purpose of converting a semi-trailer to a full trailer. The axle
assembly can be used to haul multiple trailers behind a single power unit, also
referred to as dollies or bogie.

     
History:   L. 1978, ch. 30, § 6; L. 1982, ch. 39, § 1;
L. 1994, ch. 76, § 4;
L. 2001, ch. 104, § 1;
L. 2003, ch. 18, § 2; Apr. 3.