DAR File No. 41864

Public Safety, Highway Patrol

Rule R714-240

Standards and Specifications for Child Restraint Devices and Safety Belts

Notice of Proposed Rule

(Repeal)

DAR File No.: 41864
Filed: 06/29/2017 12:14:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because the requirements regarding the use of safety belts and child restraint devices are included in Section 41-6a-1803, and adoption of standards set forth in 49 CFR 571.213 is included in Subsection 41-6a-1601(2)(c)(ii). Due to the fact that the information contained in the rule is now included in the Utah Code, the rule is no longer needed.

Summary of the rule or change:

This rule is being repealed because the requirements regarding the use of safety belts and child restraint devices are included in Section 41-6a-1803, and adoption of standards set forth in 49 CFR 571.213 is included in Subsection 41-6a-1601(2)(c)(ii). 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 This rule is repealed in its entirety.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:

• Section 41-6a-1803

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There is not an anticipated cost or savings to the state budget because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1803 and Subsection 41-6a-1601(2)(c)(ii). As a result, the rule is no longer needed.

local governments:

There is not an anticipated cost or savings to local government because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1803 and Subsection 41-6a-1601(2)(c)(ii). 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There is not an anticipated cost or savings to small businesses because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1803 and Subsection 41-6a-1601(2)(c)(ii). 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or savings to persons other than small businesses, businesses, or local government entities because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1803 and Subsection 41-6a-1601(2)(c)(ii). 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-1803 and Subsection 41-6a-1601(2)(c)(ii). 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 have a fiscal impact on businesses.

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

R714. Public Safety, Highway Patrol.

[ R714-240. Standards and Specifications for Child Restraint Devices and Safety Belts.

R714-240-1. Purpose.

Subsection 41-6a-1803(1)(b)(c) states that the operator of a motor vehicle operated on a highway shall provide for the protection of each person younger than five years of age by using a child restraint device to restrain each person in the manner prescribed by the manufacturer of the device and provide for the protection of each person five years of age up to 16 years of age by using an appropriate child restraint device to restrain each person in the manner prescribed by the manufacturer of the device or securing, or causing to be secured, a properly adjusted and fastened safety belt. The purpose of this rule is to adopt the standards and specifications that a child restraint device and safety belt must meet in order to be approved by the commissioner of public safety.

 

R714-240-2. Authority.

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

 

R714-240-3. Federal Standards and Specifications Adopted and Incorporated by Reference.

The type of child restraint device and safety belt approved by the commissioner of public safety for use in Utah is a child restraint device and safety belt which meet the standards and specifications set forth in 49 CFR 571.213 (2006 edition). The standards and specifications in such federal regulation are adopted for use in Utah and such federal regulation is incorporated into this rule by this reference.

 

KEY: seat belts, motor vehicle safety

Date of Enactment or Last Substantive Amendment: December 10, 2008

Notice of Continuation: July 2, 2012

Authorizing, and Implemented or Interpreted Law: 41-6a-1803(1)(b)(c) ]