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66-1324. Motor carriers required to stop at inspection stations, when; certificates of law compliance; penalty for violation. The superintendent of the Kansas highway patrol shall have authority to regulate the operation of motor carrier inspection stations under the superintendent's supervision and control, including, when necessary to the enforcement of any laws relating to the operation or registration of motor carriers within this state, the authority to require all motor carriers, trucks or truck tractors to stop at any such inspection station to submit to inspection for compliance with any of the laws which the superintendent is charged by this act with the duty to enforce. Whenever the superintendent shall require motor carriers, trucks or truck tractors to stop at any inspection station, the superintendent shall cause to be displayed on the highway on which such inspection station is located, an illuminated sign or other device indicating such requirement. No motor carrier, truck or truck tractor shall be required to stop for inspection at any motor carrier inspection station which is not displaying the sign hereinabove provided for. Nothing in this section shall be construed to relieve any person of the duty to stop at any motor carrier inspection station when it is necessary for such person to register under or comply with any of the laws of this state, or rules and regulations adopted thereunder, relating to the size, weight and load of motor vehicles and trailers, motor vehicle registration laws, registration and insurance laws and requirements of the state corporation commission, motor fuel use tax laws, liquid fuel carriers tax laws or livestock inspection laws. No motor carrier, truck and truck tractor which is required to be registered under the provisions of K.S.A. 66-1,139, and amendments thereto, shall be required to stop for clearance inspection at any open motor carrier inspection station before entering or traveling through this state, if such vehicle:

(a) Has a valid annual registration with the state corporation commission under the provisions of K.S.A. 66-1,139, and amendments thereto;

(b) is in current compliance with the vehicle registration laws prescribed in chapter 8 of Kansas Statutes Annotated; and

(c) is in current compliance with the motor fuel tax laws prescribed by article 34 of chapter 79 of Kansas Statutes Annotated.

Nothing in this section shall be construed as prohibiting the superintendent of the highway patrol or any member of the state highway patrol from stopping any or all motor carriers, trucks or truck tractors for the purpose of conducting spot checks to insure compliance with any state law relating to the regulation of motor carriers, trucks or truck tractors. Any person violating any of the provisions of this section, upon conviction thereof, shall pay a fine in accordance with K.S.A. 8-2118, and amendments thereto.

History: L. 1977, ch. 304, § 9; L. 1980, ch. 46, § 3; L. 1988, ch. 266, § 14; L. 1990, ch. 244, § 1; L. 2004, ch. 114, § 8; April 29.

Revisor's Note:

This section was amended twice in the 1988 session, see also 66-1324a.

Law Review and Bar Journal References:

"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, 353 (1980).

CASE ANNOTATIONS

1. Cited in holding spot check weight inspections (8-1910) constitutionally permissible. State v. Moore, 237 Kan. 523, 527, 701 P.2d 684 (1985).

2. Whether stop and search of trailer was valid regulatory search under closely regulated industry case law examined. U.S. v. Seslar, 996 F.2d 1058, 1061 (1993).

3. Whether rental truck used to move personal belongings is a "motor carrier" examined; "motor carrier" defined. State v. Campbell, 19 Kan. App. 2d 778, 781, 875 P.2d 1010 (1994).

4. Motion to suppress evidence from search of trailer denied where stop a valid regulatory stop. U.S. v. Burch, 906 F. Supp. 592, 597 (1995).

5. Highway patrol trooper authorized to stop and inspect motor carriers to insure compliance with law; subsequent search of driver and truck authorized as reasonably relating to circumstances authorizing stop of vehicle. State v. Bone, 27 Kan. App. 2d 582, 6 P.3d 914 (2000).


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