DAR File No. 39479

Transportation, Motor Carrier

Rule R909-1

Safety Regulations for Motor Carriers

Notice of Proposed Rule

(Amendment)

DAR File No.: 39479
Filed: 06/30/2015 10:29:49 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to incorporate by reference and adopt final rule changes in the Federal Motor Carrier Safety Regulations (FMCSR) as of 10/01/2014, and the Federal Register as of 04/23/2015; and to add enforcement provisions authorized by statute. This amendment also deletes Section R909-1-8, which was deleted by an earlier emergency rule amendment made to bring Rule R909-1 into compliance with federal regulation due to a change made to the federal regulations.

Summary of the rule or change:

This rule amendment adopts the current Code of Federal Regulations Title 49, Parts 350-384, Parts 387-399 and Part 40; and ensures that intrastate carriers are subject to the same requirements as interstate carriers. It also deletes Section R909-1-8 to bring the rule into compliance with federal regulations.

State statutory or constitutional authorization for this rule:

• Section 72-9-301
• Section 72-9-103

This rule or change incorporates by reference the following material:

• Updates 80 FR 22789 - Medical Examiner's Certification Integration, published by Office of the Federal Register, 04/23/2015
• Updates 49 CFR, Subtitle B, Chapter III, Federal Motor Carrier Safety Regulations, Subchapter B, Parts 350 through 384, and 387 through 399, published by Office of the Federal Register, National Archives and Records Administration, 10/01/2014
• Updates 79 FR 63057 - Amendment to Emergency Relief Exemptions Pursuant to the Reliable Home Heating (RHH) Act, published by Office of the Federal Register, 10/22/2014
• Updates 79 FR 63057 - Amendment to Emergency Relief Exemptions Pursuant to the Reliable Home Heating (RHH) Act, published by Office of the Federal Register, 10/22/2014
• Updates 79 FR 75437 - Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (DVIR), published by Office of the Federal Register, 12/18/2014

Anticipated cost or savings to:

the state budget:

There may be a cost savings to the state budget due to reduced injuries, hazardous material spills, and highway property damage caused by crashes at a highway-rail crossing because the changes require a driver of a commercial motor vehicle to leave sufficient space to drive completely through a highway-rail crossing. However, such cost savings are not assured.

local governments:

No additional costs or savings to local governments are anticipated because the amendment only affects the Utah Department of Transportation and the motor carriers it regulates.

small businesses:

No additional costs or savings to small businesses are anticipated because the amendment only affects the Utah Department of Transportation and the motor carriers it regulates.

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

No additional costs or savings are anticipated for persons other than small businesses, businesses, or local government entities because the amendment only affects the Utah Department of Transportation and the motor carriers it regulates.

Compliance costs for affected persons:

Affected persons will experience some implementation costs to train drivers to allow sufficient space to drive completely through highway-rail crossings. These final rules also add costs for freight forwarders and brokers for coming into compliance with provisions of Moving Ahead for Progress in the 21st Century Act (MAP-21). With the revision of the definition of "gross combination weight rating (GCWR)", drivers of a single-unit truck towing trailers that previously did not meet the definition of a motor carrier will now be required to comply with the Federal Motor Carrier Safety Regulations. Certain for-hire motor carriers of property and of passengers will see certain cost savings because the new federal regulations eliminate quarterly financial reporting requirements. The new federal regulations also rescind the requirement for drivers of motor carrier vehicles to complete a daily vehicle inspection report (DVIR) when the vehicle has no defects or deficiencies. The elimination of this regulation is estimated to reduce hourly labor cost by $37 annually.

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

This amendment is necessary to bring the Department of Transportation's rules into compliance with federal regulations. The Department hopes the change will lead to fewer accidents at highway-rail crossings that result in personal injuries, hazardous waste spills, and other property damage.

Carlos Braceras, 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:

• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@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:

08/14/2015

This rule may become effective on:

08/24/2015

Authorized by:

Carlos Braceras, 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 387 through 399, and Part 40,(October 1, 201[2]4), as amended by the Federal Register through [August 23, 2013]April 23, 2015 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.

 

[R909-1-8. MCS-150 Update Required.

Utah participates in the federal Performance and Registration Information Systems Management (PRISM) program which enforces the motor vehicle maintenance and requires updates to the USDOT number associated with the carrier responsible for the safety of each motor vehicle being registered. Utah based carriers are required to update their USDOT number information (MCS-150) at the time of vehicle registration with the Utah State Tax Commission, or at least every 12 months.

 

]KEY: trucks, transportation safety, implements of husbandry

Date of Enactment or Last Substantive Amendment: [November 7, 2013]2015

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.