Transportation, Motor Carrier, Ports of Entry

Rule R912-16

Special Mobile Equipment

Notice of Proposed Rule

(Repeal)

DAR File No.: 36867
Filed: 09/27/2012 02:18:58 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This rule is being repealed because its provisions will be included in the repealed and reenacted Rule R909-2, Utah Size and Weight Rule.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This rule is repealed in its entirety.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 72-9-201
• Section 41-1a-231

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 budget 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 impacts 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.

R912-16. Special Mobile Equipment.

R912-16-1. Authority.

This rule is authorized by Section 41-1a-231.

 

R912-16-2. Purpose.

The purpose of this rule is to provide registration exceptions for special mobile equipment.

 

R912-16-3. Definitions.

(1) Special Mobile Equipment exempt from registration include:

(a) Vehicles not designed to be operated or moved over the highways;

(b) Farm tractors;

(c) Off-road motorized construction or maintenance equipment including backhoes, bulldozers, compactors, graders, loaders, road rollers, scrapers, tractors and trenchers; and

(d) Ditch digging apparatus.

(2) The following are no longer classified as special mobile equipment but are eligible for one-half exemption of fees required under Section 41-1a-1206:

(a) Concrete Pumpers;

(b) Cranes performing crane services with a crane lift capacity of five tons or more; and

(c) Well boring trucks.

 

R912-16-4. Special Mobile Equipment Affidavit.

(1) All persons who operate or cause to be operated a special mobile equipment exempt from registration shall submit a completed special mobile equipment affidavit to the Department of Transportation, Motor Carrier Division.

(a) To be deemed complete an affidavit must be on the form provided by the Motor Carrier Division and all required fields filled in. Affidavits will be available at all Ports-of-Entry and State Tax Commission, Department of Motor Vehicles offices. Affidavits will be turned into a Port-of-Entry.

(b) The decision as to whether the vehicle is found to be a special mobile equipment exempt from registration, or not to be special mobile equipment, will be so noted on the affidavit.

(c) Special mobile equipment exempt from registration shall carry a copy of the approved affidavit in the vehicle at all times.

(d) Vehicles found to not be special mobile equipment shall register with the State Tax Commission prior to operating the vehicle on a public highway.

(e) Upon receipt of a denial of special mobile equipment, if the owner/operator wishes to appeal the decision of the Department, a petition may be filed with the Utah Department of Transportation, Motor Carrier Division, within 30 days.

(f) A response to an appeal from the Department will be made in writing within 30 days.

 

KEY: trucks, safety

Date of Enactment or Last Substantive Amendment: August 16, 2000

Notice of Continuation: August 12, 2010

Authorizing, and Implemented or Interpreted Law: 41-1a-231; 72-9-201]