Kan. Admin. Regs. § 92-51-56 - Leasing rules applicable to apporportioned registration
(a) The definitions
in this subsection shall apply to the leasing of vehicles by a carrier who is
subject to apporportioned registration. The terms "trip lease" and "lease"
shall have the following meanings:
(1) "Trip
lease" shall mean a one-way trip from one point to another point or from one
point to another point and return.
(2) "Lease" shall mean a lease of 30 days or
more. A lessee shall be considered the owner of the vehicle for the purpose of
apportioned registration if continuous trip leases or rentals are issued on a
day-by-day basis or week-by-week basis for a period totaling 30 days or more.
(b) If each of two
separate carriers has a fleet of vehicles currently registered on an
apportioned basis in Kansas, both carriers are conducting trailer interchange
operations under rules of the federal highway administration, and the trailers
interchanged are part of the fleets currently apportioned in Kansas by the
separate carriers, no further registration shall be required for the
trip-leased trailer.
(c)
Household-goods carriers in which the agent is the lessor and the company is
the lessee shall file and register as dual applicants. The agent shall have a
fleet of vehicles. Application for apportioned registration shall be filed
solely in the name of the lessee carrier if the agent carrier does not have
sufficient vehicles to constitute a fleet. The application for apportioned
registration shall be based on the lessor's equipment, and the total miles the
lessor operates under the lessor's name and that of the lessee.
(d) Rental equipment companies that have
fleets of vehicles for short-term rentals, which is less than a 30-day lease,
and that operate interstate shall be required to secure apportioned
registration. The company shall maintain adequate records for completion of an
apportioned application or audit. Daily rental equipment firms that do not
maintain adequate records for completion of an apportioned application shall be
required to fully license the daily rental vehicles if based in Kansas or shall
be subject to a 72-hour truck registration fee if based in a state other than
Kansas.
(e) If an apportioned
fleet carrier, foreign or Kansas, trip leases a truck or truck-tractor that is
apportioned with Kansas from another prorated carrier, no further registration
shall be required if the truck or truck-tractor is not operated with a greater
gross weight vehicle registration. If the gross weight registration secured by
the lessor apportioned carrier is insufficient for the gross weight of the
vehicle when trip leased, then the lessee apportioned carrier shall be subject
to a 72-hour truck registration fee if the vehicle is based in a state other
than Kansas. If the vehicle is based in Kansas, then the lessor apportioned
carrier shall secure proper gross weight registration of the vehicle through
the division of motor vehicles.
(f) If an apportioned fleet carrier, foreign
or Kansas, leases or trip leases a truck or truck-tractor that bears Kansas
"regular" class of registration, no further registration shall be required if
the gross weight of the vehicle when trip leased by the lessee apportioned
carrier is not greater than the gross weight registration secured by the lessor
carrier. If the gross weight of the vehicle is greater than the gross weight
registration, then the registered owner of the vehicle shall make application
for proper gross weight registration through the office of the county
treasurer.
(g) If an apportioned
fleet carrier, foreign or Kansas, leases a foreign-based vehicle for a period
of more than 30 days and the vehicle is apportioned in the name of another
carrier, then the apportioned registration of the vehicle shall be in the
lessee's name.
(h) If an
apportioned fleet carrier, foreign or Kansas, leases a vehicle for a period of
30 days or more and the vehicle has been appotioned by a Kansas-based carrier,
then apportioned registration shall be in the name of the lessee.
(i) If an apportioned fleet carrier, foreign
or Kansas, leases or trip leases a truck or truck-tractor that is fully
licensed in a state other than Kansas, then the vehicle shall be subject to
apportioned registration in Kansas by the fleet carrier.
(j) If a Kansas-apportioned vehicle that is
trip leased by a carrier who is a resident of or based in a state with which
Kansas has an agreement for interstate reciprocity, no further registration
shall be required. The lessee carrier shall report the mileage operated by the
lessor or apportioned carrier.
(k)
Each apportioned fleet owner shall place in each fleet vehicle that is subject
to a lease or rental arrangement an authentic copy or a memorandum of the lease
or rental agreement. The agreement or memorandum shall contain the following:
(1) The complete and full names of the lessor
and lessee;
(2) a description of
the leased or rented vehicle by year, make, and vehicle identification number;
(3) the effective and expiration
dates of the lease or rental agreements; and
(4) the signatures of the lessee and lessor,
or their duly authorized agents.
The agreement or memorandum shall be carried in the cab of the vehicle described in the agreement, or the cab of the vehicle supplying the motive power if the vehicle is a trailer.
(l) Each fleet owner that is subject to a
lease, shall include the apportioned application, the effective date of the
lease, and the name and address of the lessor.
Notes
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