DAR File No. 40140
This rule was published in the February 15, 2016, issue (Vol. 2016, No. 4) of the Utah State Bulletin.
Public Safety, Driver License
Pedestrian Vehicle Rule
Notice of Proposed Rule
DAR File No.: 40140
Filed: 01/19/2016 04:11:42 PM
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 This rule is repealed in its entirety.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.
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.
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Affected persons will not be charged the $13 fee that was associated with this rule once it is repealed.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
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 email@example.com
- Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Chris Caras, Director
R708. Public Safety, Driver License.
R708-16. Pedestrian Vehicle Rule.
(1) This rule is authorized by Section
(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
(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.
(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
KEY: traffic regulations
Date of Enactment or Last Substantive Amendment: July 8,
Notice of Continuation: January 31, 2011
Authorizing, and Implemented or Interpreted Law:
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160215.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at email@example.com; Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.