DAR File No. 40811

Transportation, Motor Carrier

Rule R909-1

Safety Regulations for Motor Carriers

Notice of Proposed Rule

(Amendment)

DAR File No.: 40811
Filed: 09/21/2016 02:43:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Department proposes to amend this rule to delete Sections R909-1-5, R909-1-6, and R909-1-7. The Department has filed a proposed new Rule R909-4, Motor Carrier, Enforcement, Penalties, which includes sections that make Sections R909-1-5, R909-1-6, and R909-1-7 superfluous.

Summary of the rule or change:

This proposed amendment deletes Sections R909-1-5, R909-1-6, and R909-1-7.

Statutory or constitutional authorization for this rule:

• Section 72-9-301
• Section 72-9-103
• Section 72-9-104
• Section 72-9-303
• Section 72-9-701
• Section 72-9-703

Anticipated cost or savings to:

the state budget:

The Department does not anticipate that this proposed amendment will lead to any costs or savings to the state's budget because it does not add or eliminate any fiscal requirements for any person or entity.

local governments:

The Department does not anticipate that this proposed amendment will lead to any costs or savings to the budgets of local governments because it does not add or eliminate any fiscal requirements for any person or entity.

small businesses:

The Department does not anticipate that this proposed amendment will lead to any costs or savings to the budgets of small businesses because it does not add or eliminate any fiscal requirements for any person or entity.

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

The Department does not anticipate that this proposed amendment will lead to any costs or savings to the budgets of persons other than small businesses, businesses, or local government entities because it does not add or eliminate any fiscal requirements for any person or entity.

Compliance costs for affected persons:

The Department does not anticipate that this proposed amendment will lead to any additional compliance costs for affected persons because it does not add or eliminate any fiscal requirements for any person or entity.

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

This proposed amendment will not have a fiscal impact on businesses.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov
• 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
• Michelle Jeronimo at the above address, by phone at 801-965-3883, by FAX at , or by Internet E-mail at mjeronimo@utah.gov
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@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:

11/14/2016

This rule may become effective on:

11/21/2016

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, 2014), as amended by the Federal Register through 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.]

 

KEY: trucks, transportation safety, implements of husbandry

Date of Enactment or Last Substantive Amendment: [August 24, 2015]2016

Notice of Continuation: August 30, 2016

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