Transportation, Motor Carrier

Rule R909-1

Safety Regulations for Motor Carriers

Notice of Proposed Rule

(Amendment)

DAR File No.: 35873
Filed: 02/14/2012 09:33:54 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to incorporate by reference and adopt changes in the Federal Motor Carrier Safety Regulations as of 10/01/2011, and the Federal Register as of 01/12/2012, and to add enforcement provisions authorized by statute.

Summary of the rule or change:

Rule R909-1 is amended to include an exemption for licensed child care providers and the minimum coverage required by Section 72-9-103, which became effective after the passage of H.B. 314 in the 2011 General Session. This rule amendment also incorporates the current Federal Motor Carrier Safety Regulations (FMCSR). Changes to the FMCSR's since the last incorporated version include corrections to the knowledge and skills testing standards for the commercial driver's license (CDL). The adoption of the Federal Register includes information to develop the process required to transmit, receive, record, and update information on a Commercial Driver License Information System (CDLIS) driver record. The register also restricts the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs), and revises the hours of service (HOS) regulations. The new HOS regulations limit the use of the 34-hour restart provision and allow truckers to drive if they have had a break of at least 30 minutes within the previous 8 hours. A specific HOS oilfield exemption in 395.1(d)(2), and the definition of on-duty time become effective on 02/27/2012, and all other HOS changes take effect on 07/01/2013.

State statutory or constitutional authorization for this rule:

• Section 72-9-104
• Section 72-9-103
• Section 72-9-303
• Section 72-9-301
• Section 72-9-703
• Section 72-9-701

This rule or change incorporates by reference the following material:

• Updates 49 CFR Parts 350 through 384, Parts 386 through 399, and Part 40, published by Government Printing Office, October 1, 2011

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because the changes to the Federal Motor Carrier Safety Regulations will already be in effect and this rule amendment incorporates these regulations to enable the department to enforce them.

local governments:

There are no anticipated costs or savings to local government because the changes to the Federal Motor Carrier Safety Regulations will already be in effect and this rule amendment incorporates these regulations to enable the department to enforce them.

small businesses:

There are no anticipated costs or savings to small business because the changes to the Federal Motor Carrier Safety Regulations will already be in effect and this rule amendment incorporates these regulations to enable the department to enforce them.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities because the changes to the Federal Motor Carrier Safety Regulations will already be in effect and this rule amendment incorporates these regulations to enable the department to enforce them.

Compliance costs for affected persons:

Anticipated costs related to the restriction of hand-held mobile phones to intrastate carriers and small businesses could include a possible upgrade from a non-compliant mobile telephone to a compliant one. This cost has been estimated to be as low as $29.99 for motor carrier drivers. The FMCSA has estimated that the total costs of complying with the changes to the HOS rule would equate to roughly one-third of one percent of industry revenue.

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

A fiscal impact on businesses may include the anticipated costs related to the restriction of hand-held mobile phones to intrastate carriers, which could include a possible upgrade from a non-compliant mobile telephone to a compliant one. This cost has been estimated to be as low as $29.99 for motor carrier drivers. The FMCSA has estimated that the total costs of complying with the changes to the HOS rule would equate to roughly one-third of one percent of the motor carrier industry revenue.

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:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@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:

04/02/2012

This rule may become effective on:

04/09/2012

Authorized by:

John Njord, Executive Director

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 386 through 399, and Part 40,(October 1, 201[0]1), as amended by the Federal Register through [June 6]January 12, 201[1]2 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: [January 10, ]2012

Notice of Continuation: November 1, 2011

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