Kansas Corporation Commission adopts temporary motor-carrier rule aligning out-of-service criteria with 2026 North American standards

The Kansas Corporation Commission on April 14 adopted KAR 82-4-1 as a temporary regulation to update the motor-carrier "out-of-service" definition to the 2026 North American out-of-service criteria published by the Commercial Vehicle Safety Alliance.

Hassan Latif, representing transportation staff, told commissioners the proposed change has been stamped and approved by the Department of Administration and the Attorney General's office and was requested by the Kansas Highway Patrol. Latif said the 2026 North American criteria incorporate a newly instituted rule regarding English language proficiency that was added over the summer but not officially published as part of the North American criteria until April 1. "By your adoption today, we will improve our compliance with the Federal Motor Carrier regulations and ultimately improve the safety of the motoring public," Latif said.

Because staff requested the change be adopted as a temporary regulation, the commission's adoption allows the rule to take effect immediately rather than waiting for the full permanent-rule process. Latif explained that, following the temporary adoption, he will appear before the State Rules and Regulations Board on April 21 to request enactment of the new version and that the commission will have 120 days to secure adoption of a permanent version, including a public hearing scheduled for June 30 under the normal procedures for a permanent regulation.

Commissioners had no questions, and the commission proceeded to a roll call vote. Commissioner Keen, Commissioner Keeler and Chair French each voted in favor and the temporary regulation was adopted. Latif noted staff was not present (they were in another meeting) and that he was serving as their representative for the vote.

The temporary adoption updates the state's compliance with current North American out-of-service standards for motor-carrier inspections; the commission will follow the rulemaking schedule described by staff to pursue a permanent adoption and public comment process.