DAR File No. 40811
This rule was published in the October 15, 2016, issue (Vol. 2016, No. 20) of the Utah State Bulletin.
Transportation, Motor Carrier
Rule R909-1
Safety Regulations for Motor Carriers
Notice of Proposed Rule
(Amendment)
DAR File No.: 40811
Filed: 09/21/2016 02:43:48 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The Department proposes to amend this rule to delete Sections R909-1-5, R909-1-6, and R909-1-7. The Department has filed a proposed new Rule R909-4, Motor Carrier, Enforcement, Penalties, which includes sections that make Sections R909-1-5, R909-1-6, and R909-1-7 superfluous.
Summary of the rule or change:
This proposed amendment deletes Sections R909-1-5, R909-1-6, and R909-1-7.
Statutory or constitutional authorization for this rule:
- Section 72-9-301
- Section 72-9-103
- Section 72-9-104
- Section 72-9-303
- Section 72-9-701
- Section 72-9-703
Anticipated cost or savings to:
the state budget:
The Department does not anticipate that this proposed amendment will lead to any costs or savings to the state's budget because it does not add or eliminate any fiscal requirements for any person or entity.
local governments:
The Department does not anticipate that this proposed amendment will lead to any costs or savings to the budgets of local governments because it does not add or eliminate any fiscal requirements for any person or entity.
small businesses:
The Department does not anticipate that this proposed amendment will lead to any costs or savings to the budgets of small businesses because it does not add or eliminate any fiscal requirements for any person or entity.
persons other than small businesses, businesses, or local governmental entities:
The Department does not anticipate that this proposed amendment will lead to any costs or savings to the budgets of persons other than small businesses, businesses, or local government entities because it does not add or eliminate any fiscal requirements for any person or entity.
Compliance costs for affected persons:
The Department does not anticipate that this proposed amendment will lead to any additional compliance costs for affected persons because it does not add or eliminate any fiscal requirements for any person or entity.
Comments by the department head on the fiscal impact the rule may have on businesses:
This proposed amendment will not have a fiscal impact on businesses.
Carlos Braceras, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
TransportationMotor Carrier
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998
Direct questions regarding this rule to:
- Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected]
- James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [email protected]
- Michelle Jeronimo at the above address, by phone at 801-965-3883, by FAX at , or by Internet E-mail at [email protected]
- Linda Hull at the above address, by phone at 801-965-4253, by FAX at , 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:
11/14/2016
This rule may become effective on:
11/21/2016
Authorized by:
Carlos Braceras, Executive Director
RULE TEXT
R909. Transportation, Motor Carrier.
R909-1. Safety Regulations for Motor Carriers.
R909-1-1. Authority and Purpose.
This Rule is enacted under the authority of Section 72-9-103 to enable the department to enforce the Federal Motor Carrier Safety Regulations as contained in Title 49, Code of Federal Regulations related to the operation of a motor carrier within the state, as required by Section 72-9-301.
R909-1-2. Adoption of Federal Regulations.
(1) Safety Regulations for Motor Carriers, 49 CFR Parts 350 through 384, Parts 387 through 399, and Part 40,(October 1, 2014), as amended by the Federal Register through April 23, 2015 are incorporated by reference, except for Parts 391.11(b)(1) and 391.49 as it applies to intrastate drivers only. These requirements apply to all motor carrier(s) as defined in 49 CFR Part 390.5, excluding commercial motor vehicles which are designed or used to transport more than 8 and less than 15 passengers (including the driver) for compensation and Section 72-9-102(2) engaged in intrastate commerce.
(2) Intrastate trucking operations in which the carriers operate double trailer combinations only are not required to comply with 49 CFR Part 380.203(a)(2).
(3) Exceptions to Part 391.41, Physical Qualification may be granted under the rules of Department of Public Safety, Driver's License Division, Section 53-3-303.5 for intrastate drivers under R708-34.
(4) Drivers involved wholly in intrastate commerce shall be at least 18 years old. However, if they are transporting placarded amounts of hazardous materials or carrying 16 or more passengers, including the driver, they must be 21 years old.
(5) Licensed child care providers operating a passenger vehicle with a seating capacity of not more than 30 passengers, and wholly in intrastate commerce, are exempt from 49 CFR Part 387 Subpart B but are subject to the minimum coverage requirements in Section 72-9-103.
R909-1-3. Insurance for Private Intrastate/Interstate Motor Carriers.
(1) "Private Motor Carrier" means a person who provides transportation of property or passengers by commercial motor vehicle and is not a for-hire motor carrier.
(2) All intrastate private motor carriers shall have a minimum amount of $750,000 liability.
(3) All intrastate for-hire and private motor carriers transporting any quantities of oil listed in 49 CFR 172.101; hazardous waste, hazardous material and hazardous substances defined in 49 CFR 171.101, shall have $1,000,000 minimum level of financial responsibility and a MCS-90 endorsement maintained at the principal place of business.
R909-1-4. Implements of Husbandry.
"Implements of Husbandry" is defined in Section 41-1a-102(23) and must be in compliance with all provisions of Chapter 6, Title 41, Utah Code Annotated. Vehicles meeting this definition are exempt from 49 CFR Part 393 - Parts and Accessories Necessary for Safe Operations.
[R909-1-5. Cease and Desist Order - Registration
Sanctions.
As authorized by Section 72-9-303, 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.
R909-1-6. 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 Sections
72-9-701 and 72-9-703.
R909-1-7. Motor Carriers Delinquent in Paying Civil
Penalties; Prohibition on Transportation.
Pursuant to Section 72-9-303, 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.]
KEY: trucks, transportation safety, implements of husbandry
Date of Enactment or Last Substantive Amendment: [August 24, 2015]2016
Notice of Continuation: August 30, 2016
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301; 72-9-303; 72-9-701; 72-9-703
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20161015.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected]; James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [email protected]; Michelle Jeronimo at the above address, by phone at 801-965-3883, by FAX at , or by Internet E-mail at [email protected]; Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.