DAR File No. 41863

This rule was published in the July 15, 2017, issue (Vol. 2017, No. 14) of the Utah State Bulletin.


Public Safety, Highway Patrol

Rule R714-220

Standards for Protective Headgear

Notice of Proposed Rule

(Repeal)

DAR File No.: 41863
Filed: 06/29/2017 12:13:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because the requirements regarding the use of protective headgear and the adoption of standards set forth in 49 CFR 571.218 and 49 CFR Part 1203 are included in Section 41-6a-1505; therefore, the rule is no longer needed.

Summary of the rule or change:

This rule is being repealed because the requirements regarding the use of protective headgear and the adoption of standards set forth in 49 CFR 571.218 and 49 CFR Part 1203 are included in Section 41-6a-1505. Due to the fact that the information contained in the rule is now included in the Utah Code, the rule is no longer needed. This rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

  • Subsection 53-1-105(1)(a)
  • Section 41-6a-1505

Anticipated cost or savings to:

the state budget:

There is not an anticipated cost or savings to the state budget because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1505. As a result, the rule is no longer needed.

local governments:

There is not an anticipated cost or savings to the local government because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1505. As a result, the rule is no longer needed.

small businesses:

There is not an anticipated cost or savings to small businesses because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1505. As a result, the rule is no longer needed.

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

There is not an anticipated cost or savings to the persons other than small businesses, businesses, or local government entities because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1505. As a result, the rule is no longer needed.

Compliance costs for affected persons:

There is not an anticipated compliance cost for affected persons because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1505. As a result, the rule is no longer needed.

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

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to business.

Keith D. Squires, Commissioner

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

Public Safety
Highway Patrol
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

  • Steven Winward at the above address, by phone at 801-550-6163, by FAX at , or by Internet E-mail at [email protected]
  • Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [email protected]
  • Greg Willmore at the above address, by phone at 801-965-4889, by FAX at , or by Internet E-mail at [email protected]

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:

08/14/2017

This rule may become effective on:

08/21/2017

Authorized by:

Steven Winward, Captain

RULE TEXT

R714. Public Safety, Highway Patrol.

[ R714-220. Standards for Protective Headgear.

R714-220-1. Purpose.

Section 41-6a-1505 prohibits a person under age 18 from operating or riding on a motorcycle or motor-driven cycle, i.e., electric assisted bicycle, motor assisted scooter, and personal motorized mobility device, on a highway unless the person is wearing protective headgear that complies with standards established in a rule made by the commissioner of public safety. The purpose of this rule is to establish those standards.

 

R714-220-2. Authority.

This rule is authorized by Subsection 53-1-106(1)(a).

 

R714-220-3. Motorcycle Standards.

The commissioner of public safety hereby adopts the protective headgear standards in 49 CFR 571.218 (2006 edition) as the motorcycle protective headgear standards in this state and such federal regulation is incorporated into this rule by this reference.

 

R714-220-4. Electric Assisted Bicycle, Motor Assisted Scooter, and Personal Motorized Mobility Device Standards.

The commissioner of public safety hereby adopts the protective headgear standards in 16 CFR 1203 (2007 edition) as the electric assisted bicycle, motor assisted scooter, and personal motorized mobility device standards in this state and such federal regulation is incorporated into this rule by this reference. The standards in 16 CFR 1203 (2007 edition) meet the standards of the Snell Memorial Foundation's Standards for Protective Headgear for use in bicycling as required by Section 41-6a-1505(3)(b).

 

KEY: headgear, motorcycles, bicycles

Date of Enactment or Last Substantive Amendment: June 26, 2003

Notice of Continuation: July 2, 2012

Authorizing, and Implemented or Interpreted Law: 41-6a-1505; 53-1-106(1)(a) ]


Additional Information

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/2017/b20170715.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 Steven Winward at the above address, by phone at 801-550-6163, by FAX at , or by Internet E-mail at [email protected]; Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [email protected]; Greg Willmore at the above address, by phone at 801-965-4889, by FAX at , or by Internet E-mail at [email protected].  For questions about the rulemaking process, please contact the Office of Administrative Rules.