Printable Format66-1,112. Authority of commission to regulate public motor carriers; rate-making procedures; exemption from state antitrust laws, when. (a) The commission is hereby vested with power and authority and it shall be its duty to license, supervise and regulate every public motor carrier of property, of household goods or of passengers in this state, to the full extent not preempted by federal law, including fixing and approving reasonable maximum or minimum, or maximum and minimum rates, fares, charges, classifications and rules and regulations pertaining to the transportation of household goods or passengers as defined in 49 U.S.C. § 13102. The commission shall prescribe rules and regulations related to uniform cargo liability, uniform bills of lading, uniform cargo credit and antitrust immunity for joint-line rates and routes, classifications and mileage guides. The commission is hereby vested with power and authority and it shall be its duty to license, supervise and regulate every public motor carrier transporting property, household goods or passengers in this state, and to regulate and supervise the accounts, schedules, service and method of operation of same; and to supervise and regulate public motor carriers transporting property, household goods or passengers in all matters affecting the relationship between such public motor carriers of property, of household goods or of passengers and the traveling and shipping public.
(b) The commission shall have power and authority, by general order or otherwise, to prescribe reasonable and necessary rules and regulations governing all such motor carriers. All laws relating to the powers, duties, authority and jurisdiction of the corporation commission over common carriers are hereby made applicable to all such motor carriers except as herein otherwise specifically provided.
(c) In order to insure* nondiscriminatory, nonpreferential and just and reasonable rates, joint rates, fares, tolls, charges and exactions for all shippers, the commission shall establish rate-making procedures for all holders of a certificate of convenience and necessity, including collective rate-making procedures for joint consideration, initiation and establishment of such rates and charges for transporting household goods or passengers as defined in 49 U.S.C. § 13102. The commission shall prescribe reasonable rules and regulations related to uniform cargo liability, uniform bills of lading, uniform cargo credit and antitrust immunity for joint-line rates and routes, classifications and mileage guides. Joint and collective rate-making shall be limited to:
(1) That which is necessary to formulate one or more joint rates as such term is used in K.S.A. 66-117, and amendments thereto;
(2) general rate increases or decreases if the tariff proposal gives shippers, under procedures approved by the commission, at least 15 days' notice of the proposal and an opportunity to present comments on it before a tariff is filed with the commission and if discussion of such increases or decreases is related to industry average carrier costs and does not include discussion related exclusively to individual markets or particular single-line rates;
(3) changes in tariff structures if discussion of such changes is related to industry average carrier costs and does not include discussion related exclusively to individual markets or particular single-line rates; and
(4) publishing of tariffs, filing of independent actions for individual members and changes in rules and regulations that are of at least substantially general application throughout the area where such changes will apply.
(d) The provisions of K.S.A. 50-101 et seq., and amendments thereto, shall not apply to the activities and procedures of persons, groups, agencies, bureaus or other entities where such activities and procedures have received approval by order of the commission under this statute.
History: L. 1931, ch. 236, § 5; L. 1933, ch. 229, § 3; L. 1982, ch. 274, § 1; L. 1995, ch. 98, § 2; L. 2001, ch. 92, § 9; L. 2003, ch. 124, § 17; L. 2021, ch. 77, § 5; July 1.
Source or Prior Law:
66-197.
Revisor's Note:
* The word "insure" should have been "ensure" instead.
Law Review and Bar Journal References:
"Practice and Procedure Before the State Corporation Commission," Fred B. Adam, 41 J.B.A.K. 199, 201 (1972).
"Motor Carrier Cases Before the State Corporation Commission," Larry E. Gregg, 48 J.B.A.K. 107 (1979).
"Criminal Law-Random Spot Check for Driver's License and Motor Vehicle Registration Held Unconstitutional—Delaware v. Prouse," Thomas L. Griswold, 28 K.L.R. 345, 354 (1980).
"Transportation in Transition: KCC Regulation of Motor Carriers into the 1980's," Mary Piper Wettig, 57, No. 5, J.K.B.A. 19, 22, 23 (1988).
Attorney General's Opinions:
Regulation of motor carriers of persons and property; special stops required; vehicles required to stop at railroad crossings; carriers of hazardous materials. 87-155A.
CASE ANNOTATIONS
1. Constitutional objections to section held premature. Louis v. Boynton, 53 F.2d 471.
2. Act is valid; commission may require bookkeeping and reports. Continental Baking Co. v. Woodring, 55 F.2d 347. Affirmed: 286 U.S. 352, 52 S. Ct. 595, 76 L.Ed. 1155.
3. Evidence defendant in damage action was contract carrier held properly admitted. Sponable v. Thomas, 139 Kan. 710, 715, 33 P.2d 721.
4. Cited in upholding information charging various violations of act. State v. Reed, 145 Kan. 459, 462, 65 P.2d 1083.
5. Ordinance regulating use of streets by oil transport trucks held valid. Ash v. Gibson, 145 Kan. 825, 832, 67 P.2d 1101. Modified: 146 Kan. 756, 74 P.2d 136.
6. Jurisdiction of commission over intrastate common carriers stated; certificates of convenience. Rock Island Motor Transit Co. v. State Corporation Comm., 169 Kan. 487, 492, 219 P.2d 405.
7. Cited in interpreting commission's rule regarding C.O.D. collections. Young v. Santa Fe Trail Transportation Co., 179 Kan. 678, 680, 298 P.2d 235.
8. Procedure and standards prescribed as prerequisites to granting contract carrier permits stated and applied; commission's findings upheld; permits properly granted. Class I Rail Carriers v. State Corporation Commission, 191 Kan. 201, 209, 380 P.2d 396.
9. Burden is upon applicant for contract-carrier permit to prove present service inadequate for public. Darnell Truck Service v. State Corporation Commission, 194 Kan. 96, 397 P.2d 385.
10. Mentioned in determining summary judgment not available to interpret certificate of convenience and necessity. Pelican Transfer & Storage v. State Corporation Commission, 195 Kan. 76, 79, 402 P.2d 762.
11. Allegations that statutes could not be applied to plaintiffs' business did not justify convening three-judge court; question of fact. Bartlett & Co., Grain v. State Corp, Com'n of Kansas, 223 F. Supp. 975, 977, 978, 981.