Transportation, Motor Carrier

Rule R909-16

Overall Motor Carrier Safety Standing

Notice of Proposed Rule

(Repeal)

DAR File No.: 35427
Filed: 11/14/2011 09:07:46 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The overall motor carrier safety standing described in this rule has been replaced by the Federal Compliance Safety Accountability Program (CSA) and is no longer applicable. Therefore, this rule is being repealed.

Summary of the rule or change:

This rule is being repealed in its entirety and the enforcement provisions regarding cease and desist order, penalties and fines, and civil penalties are being added to Rule R909-1 by amendment.

State statutory or constitutional authorization for this rule:

• Section 72-9-701
• Section 72-9-303
• Section 72-9-702

Anticipated cost or savings to:

the state budget:

There are some savings to the department because the Federal Motor Carrier Safety Administration now gathers and dispenses CSA data from roadside inspections and allows states and companies access to this information through an on-line system.

local governments:

There is no anticipated cost or savings to local government because the overall motor carrier safety standing described in this rule only applied to motor carriers.

small businesses:

There is no anticipated cost or savings to small businesses because the overall motor carrier safety standing described in this rule only applied to motor carriers and has been replaced by the Federal Compliance Safety Accountability Program.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the overall motor carrier safety standing described in this rule only applied to motor carriers.

Compliance costs for affected persons:

There is no anticipated compliance costs for affected persons because the overall motor carrier safety standing described in this rule has been replaced by the Federal Compliance Safety Accountability Program.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impact to businesses because the overall motor carrier safety standing described in this rule has been replaced by the Federal Compliance Safety Accountability Program.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Motor Carrier
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/03/2012

This rule may become effective on:

01/10/2012

Authorized by:

John Njord, Executive Director

R909. Transportation, Motor Carrier.

[ R909-16. Overall Motor Carrier Safety Standing.

R909-16-1. Purpose.

To establish procedures and guidelines in obtaining an overall company safety standing from the Department and to prohibit motor carriers receiving an "unsatisfactory" standing from obtaining, holding, or working on state contracts; obtaining or retaining permitting privileges.

 

R909-16-2. Definitions.

In addition to definitions found in CFR Title 49 Parts 350 - 399, the following definitions are provided:

(1) "Commercial Motor Vehicle" means any self-propelled or towed motor vehicle used on a highway in interstate or intrastate commerce to transport passengers or property when the vehicle

(a) Has a gross vehicle weight rating or gross combination with of 10,001 pounds;

(b) Is designed or used to transport more than 15 passengers, including the driver;

(c) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under the Federal Hazardous Material Regulations.

(2) "Compliance Review" means an on-site examination of motor carrier operations, such as driver's hours of service, maintenance and inspection, driver qualification, controlled substance and alcohol testing, commercial driver's license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets a safety fitness standard. If applicable, compliance with the commercial/economic regulations is reviewed also. A CR is intended to provide information to evaluate the safety performance and regulatory compliance of a company's operation.

(3) "Motor Carrier" means a company operating commercially within the state. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories.

(4) "Safety Rating" means a system by which a motor carrier's safety management controls are measured to determine compliance with the Federal Motor Carrier Safety Regulations, Title 49 Parts 350-399 and the Hazardous Material Regulations, Title 49, Parts 107-181 as determined through a State/Federal Compliance Review.

(5) "Safety Standing" means a system by which a motor carrier's overall safety fitness is determined by the Department. An overall company safety fitness is determined through an assessment of a company's compliance in the areas of permit conditions, accident rates and severity, number and severity of vehicle violations, and out-of-service rate.

 

R909-16-3. Obtaining a "Satisfactory" Standing.

A motor carrier shall receive a "satisfactory" standing from the Department if the company has an overall company safety fitness of "satisfactory." To meet this requirement, a motor carrier must meet the following conditions:

(1) Received a "satisfactory" rating from a State/Federal Compliance Review within the last 12 months prior to the request of standing;

(2) Utah Trucking Guide;

(3) Does not have a recordable accident rate higher than the national average as defined by 49 CFR Appx. B to Part 385.

(4) The company vehicle out-of-service rate for the previous 12 months must be below the national average as defined by the Federal Motor Carrier Safety Administration;

(5) If the company hauls hazardous materials, compliance must be met as outlined in the Hazardous Materials Regulations, 49 CFR Part 171 - 180.

(6) Meet compliance with all federal, state, and local laws governing the operation of commercial motor carriers.

 

R909-16-4. Determination of a company's overall "Unsatisfactory" Standing.

A company may receive an overall company "unsatisfactory" standing by the Department if any the conditions outlined in R909-16-3 are not met.

 

R909-16-5. Assignment of a "Provisional" Standing.

The Department may issue a "provisional" standing to a motor carrier for which there is insufficient data to determine compliance with the Safety Standard and/or one which has not received a safety "rating" in accordance with the Federal Motor Carrier Safety Regulations, Title 49 Part 385.

 

R909-16-6. Notification of Safety Standing.

Notice of an "unsatisfactory" standing will be made to the motor carrier by the Department in writing within 30 days of determination.

 

R909-16-7. Motor Carriers receiving an "Unsatisfactory" Standing.

Motor carriers receiving an "unsatisfactory" standing are prohibited from:

(1) Bidding on State Contracts;

(2) Obtaining State Contracts;

(3) Retaining State Contracts;

(4) Obtaining permits from the Motor Carrier Division, or

(5) Retaining permits issued by the Motor Carrier Division.

 

R909-16-8. Cease and Desist Order - Registration Sanctions.

The Department may issue cease and desist orders to any motor carrier that fails or neglects to comply with State and Federal Motor Carrier Safety Regulations or any part of this rule as authorized by Section 72-9-303.

 

R909-16-9. Penalties and Fines.

Any motor carrier that fails or neglects to comply with State or Federal Motor Carrier Safety Regulations or any part of this rule is subject to a civil penalty as authorized by Section 72-9-701 and 72-9-703.

 

R909-16-10. Motor Carriers delinquent in paying civil penalties; prohibition on transportation.

A motor carrier that has failed to pay civil penalties imposed by the Department, or has failed to abide by a payment plan, may be prohibited from operating commercial motor vehicles in intrastate or interstate commerce as authorized by 72-9-303.

 

R909-16-11. Change to standing based upon corrective actions.

(1) A motor carrier that has taken action to correct the deficiencies that resulted in an "unsatisfactory" standing may request a review at any time.

(2) The request must be made in writing and sent or faxed to: Motor Carrier Division, 4501 South 2700 West, Box 14820, Salt Lake City, Utah 84114-8240, Phone: (801) 965-4243, Fax: (801) 965-4211.

(3) The motor carrier must base this request upon evidence that it has taken corrective actions and that it operations currently meet the safety conditions as outlined in R909-3. The request must include a written description of corrective actions taken, and other documentation the carrier wishes the Department to consider.

(4) The Department will make a final determination in writing within 30 days after the request has been made based upon the documentation the motor carrier submits, and any additional relevant information.

(5) The Department will perform reviews of requests made by motor carriers within 45 days of the request.

 

R909-16-12. Rights of Carriers to Appeal "Unsatisfactory" Standing.

(1) A motor Carrier may appeal the Department's assessment of an "unsatisfactory" standing. The motor carrier must make a "petition to review" standing in writing. The petition must state why the proposed standing is believed to be in error and list all factual and procedural issues disputed. The petition may be accompanied by any information or documents the motor carrier is relying upon as the basis for it's petition.

(2) The Department may request the petitioner to submit additional data and attend an Informal Rearing to discuss the standing. Failure to provide the information requested or to attend the Informal Review may result in dismissal of the petition.

(3) A motor carrier must make a request for a "petition to review" within 45 days of the date of the "unsatisfactory" standing was issued.

(4) The Department will notify the motor carrier in writing of its decision following the Administrative Review or Informal Review. The Department will complete its review within 15 days after the Administrative Review or Informal Review date.

(5) If after the Administrative Review or Informal Review, an agreement acceptable to the Division is not reached, a formal Notice of Agency Action will be entered against the carrier.

 

KEY: safety standing, truck

Date of Enactment or Last Substantive Amendment: December 24, 2008

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 72-9-303; 72-9-701; 72-9-702 ]