Transportation, Motor Carrier

Rule R909-2

Utah Trucking Guide

Notice of Proposed Rule

(Amendment)

DAR File No.: 35262
Filed: 09/19/2011 02:14:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to adopt the latest version of the Utah Trucking Guide which establishes permit conditions and assists motor carriers to be in compliance with over dimensional and over weight vehicles and loads.

Summary of the rule or change:

This change incorporates the latest version of the Utah Trucking Guide which includes updates to chapters 18, 19, 21, 29, and 36 to include the entire contents of Rules R912-2, R912-9, R912-14, and R912-76. These chapters and rules cover permit conditions pertaining to Mobile and Manufactured Homes, Pilot/Escort Requirements and Certification, Oversize/Overweight Permits, and Single Tire Configuration. The Utah Trucking Guide is available at http://www.utahmc.com/trucking_guide/. To prevent duplication, Rules R912-2, R912-9, R912-14, and R912-76 will be repealed because the same provisions are included in the Utah Trucking Guide being incorporated into this rule. (DAR NOTE: The repeal of Rule R912-2 is under DAR No. 35263; the repeal of Rule R912-9 is under DAR No. 35265; the repeal of Rule R912-14 is under DAR No. 35266; and the repeal of Rule R912-76 is under DAR No. 35264 all in this issue, October 15, 2011, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Section 72-7-406
• Section 72-1-102
• Section 72-9-303
• Section 72-1-201
• Section 72-9-702
• Section 72-7-408
• Section 72-9-701

This rule or change incorporates by reference the following material:

• Updates Utah Trucking Guide, published by Motor Carrier Division, Utah Department of Transportation, 07/17/2011

Anticipated cost or savings to:

the state budget:

There is no anticipated costs or savings to the state budget because the change only incorporates the current version of the Utah Trucking Guide which has been updated to include the existing provisions of Rules R912-2, R912-9, R912-14, and R912-76.

local governments:

There is no anticipated costs or savings to local government because the change only incorporates the current version of the Utah Trucking Guide which has been updated to include the existing provisions of Rules R912-2, R912-9, R912-14, and R912-76.

small businesses:

There is no anticipated costs or savings to small businesses because the change only incorporates the current version of the Utah Trucking Guide which has been updated to include the existing provisions of Rules R912-2, R912-9, R912-14, and R912-76.

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

There is no anticipated costs or savings to persons other than small businesses, businesses, or local government entities because the change only incorporates the current version of the Utah Trucking Guide which has been updated to include the existing provisions of Rules R912-2, R912-9, R912-14, and R912-76.

Compliance costs for affected persons:

There is no anticipated compliance costs for affected persons because the change only incorporates the current version of the Utah Trucking Guide which has been updated to include the existing provisions of Rules R912-2, R912-9, R912-14, and R912-76.

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

There is no anticipated fiscal impact on businesses because the change only incorporates the current version of the Utah Trucking Guide which has been updated to include the existing provisions of Rules R912-2, R912-9, R912-14, and R912-76.

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 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:

11/14/2011

This rule may become effective on:

11/21/2011

Authorized by:

John Njord, Executive Director

R909. Transportation, Motor Carrier.

R909-2. Utah Trucking Guide.

R909-2-1. Authority.

This rule is enacted under the authority of Sections 72-7-406.

 

R909-2-2. Applicability.

All commercial motor vehicle operators and motor carriers engaged in the movement of over dimensional and over weight vehicles and loads must comply with permit conditions as specified in the Utah Trucking Guide.

 

R909-2-3. Adoption of the Utah Trucking Guide.

Permit conditions as specified in July 1 9, 20[09]11 edition of the Utah Trucking Guide, Chapters 14 thru 27,[ and] 29 , 31 thru 33 and 36 are hereby incorporated by reference. These [changes]conditions apply to all private, common, and contract carriers.

 

R909-2-4. Annual Review of Permit Regulations and Conditions.

(1) During the regularly scheduled Motor Carrier Advisory Board meeting in May of each year, the board will review permit conditions and regulations as needed. The board is not required to review each of these items every year.

(2) This meeting will provide a forum for interested parties to provide evidence in support of regulation or permit condition modification.

(3) All interested parties must notify the Department of Transportation Motor Carriers Division of these issues by April 1st of each year to ensure placement on the agenda.

(4) Any approved changes to permit conditions or regulations will be noted in the [July 1st adoption of the] Utah Trucking Guide, and the revised edition of the Utah Trucking Guide will be incorporated into this rule.

 

KEY: trucks, safety regulations, permits

Date of Enactment or Last Substantive Amendment: [September 9, 2009]2011

Authorizing, and Implemented or Interpreted Law: 72-1-102; 72-1-201; 72-7-406; 72-7-408; 72-9-303; 72-9-701; 72-9-702