Transportation, Program Development

Rule R926-11

Rules for Permitting of Eligible Vehicles for a Clean Fuel Special Group License Plate On or After January 1, 2009

Notice of Proposed Rule

(Amendment)

DAR File No.: 34765
Filed: 05/02/2011 04:42:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to implement the changes required by H.B. 24 (2011 General Session) by ending use of unique vehicle type license plate for a vehicle powered by clean fuel and by adding provisions to administer the clean fuel vehicle decal program. (DAR NOTE: H.B. 24 is effective as of 05/10/2011.)

Summary of the rule or change:

The proposed amendment would end use of the unique vehicle type license plate for a vehicle powered by clean fuel and replace it with the clean fuel vehicle decal program which provides procedures for clean fuel vehicle owners to obtain a decal and permit to allow them to access high occupancy vehicle lanes regardless of the number of occupants.

State statutory or constitutional authorization for this rule:

• Section 72-6-121
• Section 41-6a-702

Anticipated cost or savings to:

the state budget:

Funds generated by the clean fuel vehicle decal program will be used to cover the costs incurred in issuing clean fuel vehicle decals, so there are no anticipated cost or savings to the state budget.

local governments:

There are no anticipated cost or savings to local government unless they have clean fuel vehicles in their fleet and choose to pay the fee and obtain clean fuel vehicle decals and permits.

small businesses:

There are no anticipated cost or savings to small businesses unless they own a clean fuel vehicle and choose to pay the fee and obtain a clean fuel vehicle decal and permit.

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

There are no anticipated cost or savings to persons other than small businesses, businesses, or local governments unless they own a clean fuel vehicle and choose to obtain a clean fuel vehicle decal and permit.

Compliance costs for affected persons:

In order to participate in the clean fuel vehicle decal program, affected persons will need to satisfy the requirements of the program including payment of the fee to obtain a decal and permit.

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

There are no anticipated fiscal impacts on businesses unless they have clean fuel vehicles and choose to participate in the program and obtain clean fuel vehicle decals and permits.

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
Program Development
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 lindabarrow@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:

06/14/2011

This rule may become effective on:

06/21/2011

Authorized by:

John Njord, Executive Director

R926. Transportation, Program Development.

R926-11. [Rules for Permitting of Eligible Vehicles for a Clean Fuel Special Group License Plate On or After January 1, 2009]Clean Fuel Vehicle Decal Program.

R926-11-1. Purpose and Authority.

(1) As authorized in Utah Code Ann. Section s 41-6a-702 and 72-6-121 this rule establishes [rules]procedures for regulating access to high occupancy vehicle lanes by vehicles with a clean fuel vehicle decal[special group license plate] regardless of the number of occupants.

(2) Federal law authorizes states to allow the use of high occupancy vehicle (HOV) lanes by inherently low emission vehicles (ILEV) and low emission and energy-efficient vehicles with only a single occupant through September 30, 2009, unless federal authorization is extended. Federal law further requires a state to limit or discontinue the use of these single-occupant vehicles if the presen[t]ce of the vehicles has degraded the operation of the HOV facility.

 

R926-11-2. Definitions.

(1) "Hybrid" means a Low Emission and Energy Efficient vehicle as defined by the United States Environmental Protection Agency as authorized in 23 United States Code 166[;].

(2) "ILEV" means an Inherently Low Emission Vehicle as defined by the United States Environmental Protection Agency as authorized in 23 United States Code 166[;].

(3) "C decal" means a clean vehicle decal issued by the department.

([3]4) "C [P]plate" means a clean fuel special group license plate issued by the Division of Motor Vehicles[DMV] as had been previously authorized in Utah Code[;].

([4]5) "C [Plate P]permit" means a permit issued by the department to the owner of an eligible ILEV or Hybrid vehicle[ that enables the permit holder to obtain a C plate from the DMV;].

([5]6) "[d]Department" means the Utah Department of Transportation[;].

[ (6) "DMV means the Division of Motor Vehicles of the Utah Tax Commission;

] (7) "HOV" means a highway lane that has been designated for the use of high occupancy vehicles pursuant to Section 41-6a-702.

 

R926-11-3. Identification of Eligible C [Plate]Decal Vehicles Prior to [January 1, 2009]July 1, 2011 .

([a]1) Upon receipt of a list from the Division of Motor Vehicles showing registered vehicles for which a C plate has been issued prior to July 1, 2011, the department will determine which vehicles meet the definition of an ILEV or Hybrid vehicle as provided in this rule.

(2) Vehicle owners with vehicles registered with a C plate issued prior to [January 1, 2009]July 1, 2011, and for which the vehicle meets the definition for an ILEV or Hybrid as defined in this rule , will receive a C decal and C permit issued by the department at no cost[ may retain the C plate or transfer the plate to a newly purchased eligible ILEV or hybrid vehicle under the processes defined under this rule].

([b]3) Vehicle owners with vehicles registered with a C plate issued prior to [January 1, 2009]July 1, 2011, that do not meet the definition of an eligible ILEV or Hybrid vehicle are no t [longer] eligible to receive a C decal or C permit. The department will notify these vehicle owners of ineligibility.[retain the C plate and must surrender the plate:

(i) at the time of their next vehicle registration renewal, and;

(ii) upon receipt of a vehicle registration renewal received from the DMV containing notification that the vehicle is no longer eligible for a C plate.

(iii) As provided under Utah Code 41-1a-1211, a new plate will be issued by the DMV for the surrendered C plate at no charge.

(c) Upon receipt of a list of registered vehicles, provided by the DMV, for which a C plate has been issued prior to January 1, 2009, the department will determine which vehicles meet the definition of an ILEV or Hybrid vehicle as provided in this rule. From that list, the department will advise the DMV which vehicles do not meet the definition of an eligible ILEV or Hybrid vehicle and, therefore, are no longer eligible for a C plate in order for the DMV to provide notification to vehicle owners as provided under subparagraph (b)(ii).]

([d]4) Vehicle owners for whom notification has been provided under sub section[paragraph] ([b)(ii]3) may receive a C decal and C[Plate P]permit [from the department]at no cost if the vehicle owner:

([ii]a) [the vehicle owner] submits an application as provided under R926-11-5([c]3), and;

([iii]b) provides sufficient proof to the department that the vehicle meets eligibility requirements for an ILEV or Hybrid vehicle as provided under this rule.

 

R926-11-4. Permitting of Eligible Vehicles after [January 1, 2009]June 30, 2011.

([a]1) Owners of an eligible ILEV and Hybrid vehicle shall qualify for a C [plate]decal and C permit upon application to the department[and receipt of a C Plate Permit from the department] under permitting processes and payment of a fee defined under this rule.

[(b) The DMV shall issue a C Plate to the holder of a valid C Plate Permit issued by the department to the eligible vehicle being registered for a Clean Fuel Special Group License Plate.

(c) To transfer a C plate from one eligible vehicle to a new eligible vehicle, the vehicle owner of a vehicle registered with a Valid C plate must obtain a C Plate Permit from the department before the DMV will transfer the C plate to the new eligible vehicle being registered.](2) The owner of a vehicle issued a C decal and a C permit is prohibited from placing the C decal on any vehicle other than the vehicle for which the department has issued a C decal and C permit. Posting a C decal on a vehicle other then the vehicle for which the department has issued a C decal and C permit will render the vehicle owner ineligible to participate in the Clean Fuel Vehicle Program.

(3) The owner of a vehicle issued a C decal must have in the person's immediate possession the C permit issued by the department for that vehicle.

(4) The C decal must be placed in the windshield of the vehicle, centered near the rearview mirror and 4 inches from the top of the windshield. If the vehicle has an AS-1 line, the decal must be mounted below the line. The decal must be mounted directly onto the windshield and cannot be mounted with tape or any other device.

([d]5) The department shall maintain and publish a listing online of all ILEV and Hybrid vehicle makes and models eligible for a C [Plate P]decal and C permit.

(6) The department will charge a fee for the issuance of a C decal. The amount of the fee will be posted on the application in the amount established by the department in accordance with Section 63J-1-504.

 

R926-11-5. Issuance of C [Plate]Decals and C Permits.

([a]1) The department may restrict use of the HOV facility by single-occupant [C plate] vehicle[s]with a C decal if the operation of the facility is degraded. For the purposes of this rule, an HOV facility may be considered degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed of 45 miles per hour 90 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both).

([b]2) Not more frequently than once a year, the department may evaluate the operation of the HOV facility and determine whether the facility will continue to operate at an acceptable level of service. Based on that evaluation and if the department determines that additional single-occupant vehicles with a C [plate]decal may operate in the HOV lane without compromising operation of the facility, the department shall issue the appropriate number of C [Plate Permits]decals to eligible applicants as set forth under sub[paragraph]section ([d]4).

([c]3) Vehicle owners with an eligible ILEV or Hybrid vehicle as defined by this rule must submit an application to the department for a C [Plate P]decal and C permit. The application, approved and issued by the department, shall contain the vehicle owner's name, the license plate number, the vehicle identification number, and the ILEV or Hybrid vehicle make and year model as a condition for obtaining a C [Plate P]decal and C permit.

([d]4) If more applications for a C [Plate Permit]decal are received than the total number of [permits]decals the department determines will be issued at any one time, C [Plate P]decals and C permits will be issued to randomly chosen applicants up to the number of permits that will be allowed based on the evaluation conducted under sub[paragraph]section ([b]2).

(e) Vehicle owners with a C plate issued after January 1, 2009, may transfer the plate to a newly purchased eligible ILEV or Hybrid vehicle under the processes established under this rule.

 

KEY: hybrid vehicles, C [plate]decal , C permit, clean fuel

Date of Enactment or Last Substantive Amendment: [January 5, 2009]2011

Authorizing, and Implemented or Interpreted Law: 41-6a-702; 72-6-121