There is hereby incorporated by reference for the purpose of regulating traffic upon highways and streets of the City that certain standard safety regulation known as the “Federal Motor Carrier Safety Regulations, 2005 Administrator Edition, parts 383, 385 and 390-397,” prepared and published in book form by Mangan Communications, Inc., 315 West Fourth Street, Davenport, Iowa, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or amended. No less than three (3) copies of said book shall be marked or stamped “Official Copy as adopted by Ordinance No. 640,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this Ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge, City Prosecutor and all administrative departments of the City charged with the enforcement of these regulations shall be supplied, at the cost of the City, such number of official copies of said book as may be deemed expedient.

(Ord. 640, Sec. 1; Code 2012)

Sections 390.37 and 383.53 of the “Federal Motor Carrier Safety Regulations” are hereby repealed. The following substitute provision is adopted:

(a)          The Court Clerk of Goddard, Kansas, is hereby directed to abstract all convictions of violations committed by persons holding a Commercial Driver’s License (CDL) to the Driver’s Control Bureau of the Department of Revenue of the State of Kansas. Any further action to a person’s CDL as a result of the abstracted conviction will be at the discretion of the Driver’s Control Bureau in accordance with state statutes and regulations.

(b)          It shall be unlawful for any person to violate the provisions of the “Federal Motor Carrier Safety Regulations”, parts 383, 385 and 390-397. The Judge of the Goddard Municipal Court may, in the manner prescribed by K.S.A. 12-4305 or any amendments thereto, establish a schedule of fines for violations of any section of the “Federal Motor Carrier Safety Regulations”, parts 383, 385 and 390-397, such fine not to exceed Five Hundred Dollars ($500.00) plus court costs. Any person who violates the provisions of the “Federal Motor Carrier Safety Regulations”, parts 383, 385 and 390-397, shall, upon conviction, be punished as set forth in the schedule of fines. Any person who violates any provision of the “Federal Motor Carrier Safety Regulations”, parts 383, 385 and 390-397, for which a fine is not scheduled shall, upon conviction, be punished by a fine not to exceed Five Hundred Dollars ($500.00) plus court costs.

(Ord. 640, Sec. 2; Code 2012)

Section 396.9(a) of the “Federal Motor Carrier Safety Regulations” is hereby amended to read as follows:

              396.9(a). Personnel authorized to perform inspections. Inspections of motor carriers’ vehicles in operation shall be conducted by Commercial Vehicle Safety Alliance (CVSA) certified officers.

(Ord. 640, Sec. 3; Code 2012)