Transportation, Motor Carrier, Ports of Entry

Rule R912-6

Ports-of-Entry By-Pass Permit Provisions

Notice of Proposed Rule

(Repeal)

DAR File No.: 36864
Filed: 09/27/2012 02:17:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because its provisions will be included in the repealed and reenacted Rule R909-2, Utah Size and Weight Rule. (DAR NOTE: The proposed repeal and reenactment of Rule R909-2 is under DAR No. 36863 in this issue, October 15, 2012, of the Bulletin.)

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 72-9-301
• Section 72-9-502

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the provisions of this rule are only being moved to Rule R909-2.

local governments:

There is no anticipated cost or savings to local government because the provisions of this rule are only being moved to Rule R909-2.

small businesses:

There is no anticipated cost or savings to small businesses because the provisions of this rule are only being moved to Rule R909-2.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the provisions of this rule are only being moved to Rule R909-2.

Compliance costs for affected persons:

There is no anticipated compliance cost for affected persons because the provisions of this rule are only being moved to Rule R909-2.

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 provisions of this rule are only being moved to Rule R909-2.

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, Ports of Entry
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]

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:

11/14/2012

This rule may become effective on:

11/21/2012

Authorized by:

John Njord, Executive Director

[R912. Transportation, Motor Carrier, Ports-of-Entry.

R912-6. Ports-of-Entry By-Pass Permit Provisions.

R912-6-1. Purpose.

This rule establishes procedures that allow the Motor Carrier Division to issue a temporary port-of-entry by-pass permit to accommodate multi-trip, highway transportation needs.

 

R912-6-2. Definitions.

Except for the following, this rule uses the same definitions as those listed in R909-16:

(1) "Commercial Vehicle" means a motor vehicle, vehicle, trailer, or semi trailer used or maintained for business, compensation, or profit to transport passengers or property on a highway if the commercial vehicle:

(a) has a manufacturer's gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds;

(b) is designed to transport more than 15 passengers, including the driver; or

(c) is used in the transportation of hazardous materials found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C;

(2) "Intrastate" means transportation movement entirely within the state.

(3) "Multi-Trip" means two or more daily or weekly trips in the proximity of a port-of-entry.

 

R912-6-3. Port-of-Entry By-Pass Permits.

(1) Pursuant to Substitute Senate Bill 144, Motor Vehicle Ports-of-Entry, enacted during the 2005 General Session of the Legislature, by-pass privileges will be granted to a motor carrier for multiple motor vehicles. Decals will be issued to individual vehicles within a motor carrier's fleet.

(2) By-pass permit privileges expire one year after they are issued.

(3) Motor Carriers shall meet the "Multi-Trip" definition to receive and maintain by-pass privileges. A motor carrier may be excused from this requirement on a case-by-case basis if the carrier does not meet the "Multi-Trip" definition but is able to demonstrate to the Department that denial of a permit will cause a hardship if the vehicle has to be diverted to a port-of-entry. A Motor Carrier may appeal a denial pursuant to R912-6-7.

(4) By-pass privileges may be granted to carriers traversing multiple ports-of-entry within the same route.

(5) Unless otherwise authorized by the Department, Motor Carriers that have by-pass privilege must have a weight ticket, from a scale certified by the Department of Agriculture, available for inspection by law enforcement. Scale tickets must be electronically printed and shall specify the time, date, and unit-specific information.

(6) The Department will notify local law enforcement agencies of those carriers meeting the criteria for by-pass privileges.

 

R912-6-4. Enrollment Criteria.

A Motor Carrier requesting a port-of-entry by-pass permit from the Department shall have an overall company safety fitness rating of satisfactory standing, as set forth under R909-16.

 

R912-6-5. Assignment of Provisional Standing.

The Department may issue provisional standing to a Motor Carrier for which there is insufficient data to determine compliance with the Safety Standard or if the Motor Carrier has not received a safety rating in accordance with the Federal Motor Carrier Safety Regulations, Title 49 Part 385.

 

R912-6-6. Application Process.

(1) Motor Carriers requesting a port-of-entry by-pass annual permit shall make application to the Motor Carrier Division by contacting the Central Permitting Office at (801) 965-4880.

(2) Motor Carriers are required to submit routing information including point of origin, destination, and routine routes traveled.

(3) Carriers denied by-pass privileges by the Department for reasons other than conditions constituting a satisfactory standing, such as proximity, travel pattern, number of trips, etc., may appeal the Department's decision by providing additional documentation as to why the by-pass privilege should be authorized.

 

R912-6-7. Steering Committee - Appeal Process.

When an application for a by-pass permit is denied for reasons other than the conditions set forth in R912-6-3, the Motor Carrier may file an appeal. The appeals shall be handled by a steering committee created by the Motor Carrier Division. The steering committee shall have the powers granted to the Deputy Director in R907-1-3 for appeals from other Motor Carrier Division administrative actions. This committee's decision, if adopted by the Director of the Motor Carrier Division, will be considered a final agency order under the Utah Administrative Procedures Act.

 

R912-6-8. Suspensions and Revocations of Port-of-Entry By-Pass Permit.

The Department may suspend or revoke the Motor Carrier's by-pass permit if the Motor Carrier fails to meet conditions set forth under R909-16-3. If a Motor Carrier is denied by-pass privileges as a result of the assessment of an unsatisfactory standing issued by the Department, the Motor Carrier must appeal that standing assessment pursuant to R909-16-11.

 

R912-6-9. Audits.

As a condition of receiving a by-pass permit, a Motor Carrier is subject to compliance reviews, safety assessments, and inspections as the Department considers necessary in order to carry out state and federal law, including Utah Code Ann. Section 72-9-301.

 

KEY: motor carrier, permits, ports of entry, trucks

Date of Enactment or Last Substantive Amendment: June 27, 2005

Notice of Continuation: May 26, 2010

Authorizing, and Implemented or Interpreted Law: 72-9-301; 72-9-502]