DAR File No. 40140

Public Safety, Driver License

Rule R708-16

Pedestrian Vehicle Rule

Notice of Proposed Rule

(Repeal)

DAR File No.: 40140
Filed: 01/19/2016 04:11:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 41-6a-1011 prohibits licensing and permits for persons with disabilities. This change was made as a result of the passage of H.B. 130 during the 2014 General Session. Therefore, statute changes have made this rule obsolete.

Summary of the rule or change:

With the creation of a Mobility Vehicle Permit, language was inserted into Section 41-6a-1011 which prohibits licensing, registration, permits, and regulation required for persons with disabilities in the code. Since a pedestrian vehicle must be specifically designed for use by the disabled, the agency is no longer authorized to issue these permits or regulate pedestrian vehicles. This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 41-6a-1011

Anticipated cost or savings to:

the state budget:

Repealing the rule will neither cost nor save the state budget any money, because the rule has not been effective since the creation of Rule R708-51 in 2015.

local governments:

Repealing the rule will neither cost nor save local government any money, because the rule has not been effective since the creation of Rule R708-51 in 2015.

small businesses:

Repealing the rule will neither cost nor save small businesses any money, because the rule has not been effective since the creation of Rule R708-51 in 2015.

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

Repealing the rule will neither cost nor save persons other than small businesses, businesses, or local government entities any money, because the rule has not been effective since the creation of Rule R708-51 in 2015.

Compliance costs for affected persons:

Affected persons will not be charged the $13 fee that was associated with this rule once it is repealed.

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

There will be no fiscal impact on businesses by repealing this rule.

Keith 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
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@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:

03/16/2016

This rule may become effective on:

03/23/2016

Authorized by:

Chris Caras, Director

R708. Public Safety, Driver License.

[R708-16. Pedestrian Vehicle Rule.

R708-16-1. Authority.

(1) This rule is authorized by Section 41-6a-1011.

 

R708-16-2. Purpose.

(1) To promote and regulate safety in the use of a pedestrian vehicle, for both the individual using the pedestrian vehicle, and any person or property around, or about, the area being used by a pedestrian vehicle. Specific conditions may be required prior to giving authorization to operate a pedestrian vehicle.

(2) To require a person to apply for authority to operate a pedestrian vehicle for any such vehicle with an excess of .5 brake horsepower capable of developing a speed of more than 8 mph and being used in an area other than a sidewalk or places where pedestrians are allowed.

(3) To review on an individual basis each application for authorization to operate a pedestrian vehicle according to need of the physically disabled person and pursuant to and in accordance with applicable rules adopted by the commissioner for the Department of Public Safety.

 

R708-16-3. Application and Requirements for Authorization to Operate a Pedestrian Vehicle.

(1) Application for authorization to operate a pedestrian vehicle shall be made at any field office of Driver License Division and shall require the following:

(a) Name, age and D.O.B., sex, address, description of disability.

(b) Type of pedestrian vehicle to be used must comply with the requirements specified in Section 41-6a-1011.

(c) Statement of intended use of the pedestrian vehicle. Intended use should not create an undue safety hazard.

(d) A functional ability evaluation and a medical opinion that physical disability would not affect the safe operation of the pedestrian vehicle.

(e) All applicants must sign a waiver accepting all responsibility for being allowed to operate a pedestrian vehicle.

(f) Any physically disabled person, under the age of 18, must have parental or guardian approval and sign a waiver accepting responsibility for being allowed to operate a pedestrian vehicle.

(g) Each individual making application for use of a pedestrian vehicle must demonstrate his/her ability to safely operate the pedestrian vehicle.

(2) Authorization to operate a pedestrian vehicle shall be in the form of a certificate issued by the department.

(3) Operation of pedestrian vehicles must comply with all pedestrian, bicycle, or vehicle traffic laws as applicable to the type of pedestrian vehicle used. This includes lighting requirements if used during hours of darkness.

(4) The department may inspect intended routes and uses of vehicles and apply restrictions on use of pedestrian vehicles as may be necessary for the preservation of public safety.

(5) Authorization to operate a pedestrian vehicle must be reviewed every five years.

 

R708-16-4. Special Requirements for Operation of a Pedestrian Vehicle.

(1) Passengers are prohibited on pedestrian vehicles except that one passenger, as designated by the department and indicated on the pedestrian vehicle authorization document, may be allowed if inclusion of the passenger does not create a negative effect on the safe operation of the pedestrian vehicle, and if the pedestrian vehicle is designed to accommodate a passenger.

(2) Every pedestrian vehicle must display a Standard International "Handicapped" emblem inset on a standard slow moving vehicle designation.

(3) The department may require other markings or equipment as may be determined on an individual basis.

 

R708-16-5. Fee.

(1) The department may charge a $13 fee to cover administrative costs of issuing a permit to operate a pedestrian vehicle.

(2) All fees collected for permits shall remain in the department as a dedicated credit.

 

R708-16-6. Denial, Suspension, and Revocation of Authorization to Operate a Pedestrian Vehicle.

(1) Authorization to operate a pedestrian vehicle may be denied, suspended or revoked when, in the opinion of the department, it may not be in the best interest of public safety to issue or continue such authorization.

 

R708-16-7. Adjudicative Proceedings.

(1) All adjudicative proceedings including but not limited to the application for and denial, suspension or revocation of authorization to operate a pedestrian vehicle, shall be governed by the adjudicative proceedings set forth in the rule identified as R708-17. The adjudicative proceedings set forth in R708-17 are hereby incorporated into this rule by this reference.

 

KEY: traffic regulations

Date of Enactment or Last Substantive Amendment: July 8, 2008

Notice of Continuation: January 31, 2011

Authorizing, and Implemented or Interpreted Law: 41-6a-1011]