Tax Commission, Motor Vehicle Enforcement

Section R877-23V-6

Issuance of In-Transit Permits Pursuant to Utah Code Ann. Section 41-3-305

Notice of Proposed Rule

(Amendment)

DAR File No.: 33046
Filed: 10/13/2009 02:52:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 41-3-305 allows the Motor Vehicle Enforcement Division to issue 96-hour in-transit permits through rulemaking.

Summary of the rule or change:

The proposed amendment provides criteria for the issuance of 96-hour in-transit permits to entities in the business of auctioning motor vehicles.

State statutory or constitutional authorization for this rule:

• Section 41-3-305

Anticipated cost or savings to:

the state budget:

None--The proposed amendments reflects long-standing commission practice.

local governments:

None--The proposed amendments reflects long-standing commission practice.

small businesses:

None--The proposed amendments reflects long-standing commission practice.

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

None--The proposed amendments reflects long-standing commission practice.

Compliance costs for affected persons:

None--The proposed amendments reflects long-standing commission criteria for issuing 96-hour in-transit permits.

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

There are no anticipated fiscal impacts.

D'Arcy Dixon, Commissioner

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

Tax Commission
Motor Vehicle Enforcement
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• D'Arcy Dixon at the above address, by phone at 801-297-3906, by FAX at 801-297-3901, or by Internet E-mail at ddixon@utah.gov

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:

12/01/2009

This rule may become effective on:

12/08/2009

Authorized by:

Pam Hendrickson, Commission Chair

R877. Tax Commission, Motor Vehicle Enforcement.

R877-23V. Motor Vehicle Enforcement.

R877-23V-6. Issuance of In-Transit Permits Pursuant to Utah Code Ann. Section 41-3-305.

[A.](1)(a) Transported semitractors are piggy-backed when all of the semitractors being transported are touching the ground.

(b) Each piggy-backed vehicle must have a separate in-transit permit or be properly registered for operation in Utah.

[B.](2) In-transit permits may not be issued for loaded motor vehicles over 12,000 pounds gross laden weight.

[C. Each piggy-backed vehicle must have a separate in-transit permit or be properly registered for operation in Utah.

D.](3) A semitractor hauling unlicensed trailers must obtain an in-transit permit for any trailer in contact with the ground.

(4) Subject to Subsections (5) and (6), the following entities may issue in-transit permits:

(a) a licensed dealer that is primarily engaged in the business of auctioning consigned motor vehicles to other dealers or the public; and

(b) a state or local government agency that is engaged in the business of auctioning motor vehicles to dealers or the public.

(5) An entity issuing an in-transit permit under Subsection (4) shall maintain records of all in-transit permits obtained from the division. These records shall include:

(a) vehicle purchaser information;

(b) vehicle identification number; and

(c) evidence that the purchaser has met the requirements for issuance of the in-transit permit.

(6) An entity described in Subsection (4) that fails to maintain the records required under Subsection (5) may be prohibited from issuing in-transit permits.

 

KEY: taxation, motor vehicles

Date of Enactment or Last Substantive Amendment: [March 3 ], 2009

Notice of Continuation: March 14, 2007

Authorizing, and Implemented or Interpreted Law: 41-3-305