The Federal Motor Carrier Safety Regulations parts 382, 383, 390‑397, August 2012 Edition, prepared and published in book form by J.J. Keller and Associates, Inc., 3003 W. Breezewood Lane, P.O. Box 368, Neenah, WI 54957-0368 is hereby incorporated by reference and made part of this Chapter save and except such Articles, Sections, parts or portions as are hereafter omitted, deleted, modified or changed.

(Ord. 1960; Ord. 2010; Ord. 2026; Ord. 2360)

There shall not be less than one (1) copy of said code kept on file in the office of the City Clerk, to which shall be attached a copy of the incorporating ordinance, shall be marked or stamped, “Official Copies as Incorporated by Ordinance No. 2360 with all sections or portions thereof intended to be omitted clearly marked to show any such deletion or change, and filed with the City Clerk and open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judges and all administrative departments of the City charged with the enforcement of the incorporating ordinance shall be supplied, at the cost of the City, such number of official copies of such standard.

(Ord. 1960; Ord. 2010; Ord. 2026; Ord. 2360)

Sections 382.507, 383.53, and 390.37 of the Federal Motor Carrier Safety Regulations as incorporated in Chapter XIV, Article 7, are hereby deleted.

(Ord. 1960; Ord. 2010; Ord. 2026; Ord. 2360)

Section 396.9 of the Federal Motor Carrier Safety Regulations entitled “Inspection of Motor Vehicle” is amended and changed 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 officers. These certified officers are authorized to enter upon and perform inspections of motor carriers’ vehicles in operation.

(b)   Prescribed inspections report. A driver/vehicle examination reports shall be used to record results of motor vehicle inspections conducted by authorized City of Bonner Springs personnel.

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

(1)   Authorized personnel shall declare and mark “out of service” any motor 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 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 completion of all repairs required by the “out of service notice.”

(d)   Motor Carrier’s disposition.

(1)   The driver of any motor 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 twenty‑four (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 fifteen (15) days following the date of the inspection, the motor carrier shall:

(4)   Certify that all violations noted have been corrected by completing the “Signature of Carrier Official, Title, and Date Signed” portions of the form; and

(5)   Return the completed roadside inspection form to 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 twelve (12) months from the date of inspection.

(Ord. 1960; Ord. 2010; Ord. 2026; Ord. 2360)

(a)   It is unlawful for any person to violate any of the provisions of this ordinance.

(b)   The Judge in the Municipal Court shall in the manner prescribed by K.S.A. 12‑4305 and amendments thereto establish scheduled fines for violation of any Section of this ordinance. Such fines shall be imposed upon a voluntary entry of appearance and upon a plea of guilty or no contest to a complaint alleging such violation and payment of the fine and any court costs.

(c)   Any person convicted of a violation of any of the provisions of this ordinance shall be punished, subject to limitations otherwise provided in this adopting ordinance, by a fine not to exceed Five Hundred Dollars ($500.00) or imprisonment in jail for not more than six (6) months, or be both so fined and imprisoned. Each day during or upon which a violation occurs or continues shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. 1960; Ord. 2010; Ord. 2026; Ord. 2360)

If any provision of this Chapter is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the code and the applicability thereof to other persons and circumstances shall not be affected thereby.

(Ord. 1960; Ord. 2010; Ord. 2026; Ord. 2360)

Neither the adoption of this ordinance nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution or civil enforcement for violations of ordinances, which violations were committed prior to the effective date hereof, not be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(Ord. 1960; Ord. 2010; Ord. 2026; Ord. 2360)