DAR File No. 39043

Public Safety, Driver License

Rule R708-51

Mobility Vehicle Permit

Notice of Proposed Rule

(New Rule)

DAR File No.: 39043
Filed: 12/29/2014 04:47:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 130 was passed in the 2014 General Session that made it possible for the Driver License Division to issue a mobility vehicle permit.

Summary of the rule or change:

A person with a disability, who may not qualify for a regular driver license, can make an application for a mobility vehicle permit to facilitate their transportation needs.

State statutory or constitutional authorization for this rule:

• Section 41-6a-1118
• Section 53-3-102

Anticipated cost or savings to:

the state budget:

The Driver License Division will receive an applicant's fee to cover the cost associated with issuing a mobility vehicle permit.

local governments:

There is no fiscal impact to local government as local government does not issue mobility vehicle permits.

small businesses:

There is no fiscal impact to small businesses as small businesses do not issue mobility vehicle permits.

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

There is no fiscal impact to persons other than small businesses, businesses, or local government as these individuals do not issue mobility vehicle permits.

Compliance costs for affected persons:

The applicant will be charged $25 if they are approved for a mobility vehicle permit.

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

I have reviewed this rule and found no anticipated fiscal impact on business.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov
• Debbie Johnson at the above address, by phone at 801-592-8883, by FAX at 801-965-4608, or by Internet E-mail at debbiejohnson@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:

02/17/2015

This rule may become effective on:

02/24/2015

Authorized by:

Nannette Rolfe, Director

R708. Public Safety, Driver License.

R708-51. Mobility Vehicle Permit.

R708-51-1. Authority.

This rule is authorized by Subsection 41-6a-1118.

 

R708-51-2. Purpose.

The purpose of the rule is to set forth the provisions for the issuance of a Mobility Vehicle Permit.

 

R708-51-3. Definitions.

(1) Definitions used in this rule are found in Sections 41-6a-1118 and 53-3-102.

(2) In addition:

(a) A Mobility Vehicle Permit "means" evidence that an individual may operate a vehicle certified by the Division within the restriction listed on the permit.

(b) Mobility Vehicle Permit Statement of Disability "means" a document approved by the Division and signed by a Health Care Professional as defined in Subsection 53-3-302(2) affirming:

(i) the applicant has a physical disability as defined in Section 41-6a-1118; and

(ii) the issuance of a Mobility Vehicle Permit would not constitute a public safety hazard.

 

R708-51-4. Permit Provisions.

(1) A person who has a physical disability and does not qualify for a motor vehicle operator license may apply for a Mobility Vehicle Permit. To qualify, the applicant shall:

(a) be a U.S. Citizen, Legal Permanent Resident Alien, or U.S. National;

(b) submit an application approved by the Division for a Mobility Vehicle Permit accompanied by the applicants Mobility Vehicle Permit Statement of Disability;

(c) provide acceptable documentation of the individual's identity and citizenship or lawful presence status as established in Utah Admin. Code R708-41;

(d) pay the required application fee;

(e) meet the minimum knowledge test requirement set forth by the Division; and

(f) meet the minimum skills test standards to safely operate an approved Mobility Vehicle.

(3) Upon receiving a Mobility Vehicle Permit, a person may operate an approved Mobility Vehicle on a Highway within the restrictions stated on the permit and in compliance with all traffic rules under Title 41 Chapter 6a.

(4) The authorization to operate a Mobility Vehicle is subject to Withdrawal, Denial, Suspension, and Revocation of the privilege in accordance with Title 53 Chapter 3 of Utah Code.

(5) Upon annual review, the Division shall determine whether:

(a) the vehicle operated by the permit holder continues to meet the requirements provided in this rule;

(b) the applicant has a physical disability as defined in Section 41-6a-1118; and

(c) the issuance of a Mobility Vehicle Permit would not constitute a public safety hazard.

 

R708-51-5. Mobility Vehicle Provisions.

(1) An approved Mobility Vehicle shall be equipped with:

(a) two headlamps;

(b) two tail lamps;

(c) two stop lamps on the rear;

(d) amber or red electric turn signals, one on each side of the front and rear;

(e) a braking system, other than a parking brake, that meets the requirements established in Section 41-6a-1623;

(f) a horn or other warning device that meets the requirements of Section 41-6a-1625;

(g) rearview mirrors on the right and left side of the driver in accordance with Section 41-6a-1627;

(h) a rearview mirror mounted centrally on the windshield;

(j) a windshield and windshield wipers;

(k) a speedometer, illuminated for nighttime operation;

(l) a seat designed for passengers, including a footrest and handhold for each passenger;

(m) seat belts for each vehicle occupant in vehicles with side-by-side seating;

(n) tires that have at least 2/32 inches or greater tire tread;

(o) a Mobility Vehicle placard, decal, or emblem displayed on the rear of the vehicle.

(p) four or more wheels, which shall remain in contact with the ground while the vehicle is in operation, and

(q) a cab enclosure or roll over protection system.

(2) An approved Mobility Vehicle may be operated upon a Utah street or highway by a permit holder within the restriction stated on the permit, unless the highway is an interstate freeway or a limited access highway as defined in Section 41-6a-102.

(3) A Mobility Vehicle may not be used to tow any unit while being operated by a Mobility Vehicle Permit holder.

(4) The operation of a Mobility Vehicle is subject to compliance with all traffic rules under Title 41 Chapter 6a.

 

R708-51-6. Denial.

(1) The Division may deny an individual the authorization to operate a Mobility Vehicle when it is determined by the Division that it is not in the best interest of public safety to issue or continue authorization of a Mobility Vehicle Permit.

 

R708-51-7. Administrative Proceedings.

All adjudicative proceedings for Mobility Vehicle Permits, including but not limited to, the application for and denial, suspension or revocation of authorization to operate a Mobility Vehicle, shall be conducted according to applicable rules for administrative proceedings as specified in Rules R708-14 and R708-35.

 

KEY: disability, mobility vehicles, mobility vehicle permits

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 41-6a-1118; 53-3-102