No. 37996 (Amendment): Rule R909-1. Safety Regulations for Motor Carriers

(Amendment)

DAR File No.: 37996
Filed: 09/16/2013 08:35:35 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to incorporate by reference and adopt final rule changes in the Federal Motor Carrier Safety Regulations (FMCSR) as of 10/01/2012, and the Federal Register as of 08/23/2013, and to add enforcement provisions authorized by statute. The change also requires every Utah-based motor carrier to update their USDOT number information at the time of registration, or at least every 12 months as required by the Performance and Registration Information Systems Management (PRISM) program.

Summary of the rule or change:

This rule amendment adopts the current Code of Federal Regulations (CFR) related to Part 350-384, Part 387-399 and Part 40 and ensures that intrastate carriers are subject to the same requirements as interstate carriers. The following final regulations are included in the adoption of the CFR as of 10/01/2012: 01/30/2012 - Clarification that drivers may not use Schedule 1 drugs and be qualified to drive commercial motor vehicles under any circumstances. 02/13/2012 - A correction to mandatory language or guidance to legal editors of the CFRs for the hours of service final rule published on 12/27/2011. 02/22/2012 - A correction to final rule clarifying that drivers may not use Schedule 1 drugs and be qualified to drive commercial motor vehicles under any circumstances. 04/20/2012 - FMCSA establishes a National Registry of Certified Medical Examiners. 04/30/2012 - Requires household goods motor carrier liability to appear on the estimates and bills of lading that carriers must provide to individual shippers. 05/08/2012 - Correction amendment: Correction to minor discrepancies regarding section references in text related to commercial driver's license (CDL) knowledge and skills testing standards and minimum standards for states to issue the commercial learner's permit (CLP). 05/14/2012 - Final rule: FMCSA may revoke the operating authority registration of a for-hire motor carrier for failure to comply with safety fitness requirements. 05/14/2012 - From a decision of the Court of Appeals for the Seventh Circuit the 04/05/2012 rule entitled "Electronic On-Board Recorders for Hours-of Service Compliance" has been rescinded. 06/12/2012 - Final rule: Eliminates the requirement of intermodal equipment (IME) to retain driver vehicle inspection reports (DVIRs) when the driver has neither found nor been made aware of any defects in the IME. 06/20/2012 - Direct final rule; request for comments: Removes an obsolete requirement related to collect calls, the resolution of ambiguities, and reduces a regulatory burden on household goods motor carriers. 07/16/2012 - Direct final rule; request for comments: FMCSA amends the regulations governing the period during which household goods (HHG) motor carriers must retain documentation of an individual shipper's waiver of receipt. 08/06/2012 - Final rule: FMCSA amends the requirements regarding brake re-adjustment limits in the FMCSRs. 08/14/2012 - Direct final rule; confirmation of effective date: Confirmation of the effective date for its 06/20/2012, direct final rule concerning household goods consumer protection. 08/27/2012 - Direct final rule; request for comments: FMCSA confirms the effective date for its 07/16/2012, direct final rule concerning the period during which household goods (HHG) motor carriers must retain documentation of an individual shipper's waiver of receipt. 09/21/2012 - Notification of statutory exemptions: FMCSA alerts motor carriers and enforcement officials of two statutory exemptions included in the MAP-21 transportation reauthorization legislation that are applicable to certain motor carriers engaged in the transportation of agricultural commodities and farm supplies. This includes statutory exemption from the hour-of-service regulations, and most of the Federal Motor Carrier Safety Regulations for the operation of a covered farm vehicle by farm and ranch operator, their employees, and certain other specified individuals. 10/01/2012 - FMCSA alerts motor carriers and enforcement officials of two statutory exemptions included in the MAP-21 transportation reauthorization legislation that are applicable to certain motor carriers engaged in the transportation of agricultural commodities and farm supplies. The following final federal rules are adopted from the Federal Register from 10/29/2012 to 08/23/2013: 10/29/2012 - FMCSA withdraws its 08/27/2012, direct final rule (DFR) amending the definition of "gross combination weight rating" (GCWR) in 49 CFR Parts 383 and 390. 03/14/2013 - FMCSA promulgates the regulatory exemptions for the Moving Ahead for Progress in the 21st Century Act (MAP-21). 03/25/2013 - FMCSA amends its 05/09/2011, final rule in response to certain petitions for reconsideration. The 2011 final rule amended the commercial driver's license (CDL) knowledge and skills testing standards and established new minimum Federal standards for States to issue the commercial learner's permit (CLP). 04/26/2013 - FMCSA amends its commercial driver's license (CDL) rules to eliminate the requirement for drivers to notify the state licensing agency that issued their commercial learners permit (CLP) or CDL of out-of-state traffic convictions. 08/23/2013 - The FMCSA amends its regulations to require interstate motor carriers, freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities under FMCSA jurisdiction to submit required registration and biennial update information to the agency via an electronic on-line Unified Registration System (URS) that becomes effective 10/23/2015. This adoption of the Federal Register final rules pertains to all private, common, and contract carriers by highway in commerce.

State statutory or constitutional authorization for this rule:

• Section 72-9-101
• Section 72-9-103
• Section 72-9-104
• Section 72-9-303
• Section 72-9-301
• Section 72-9-703
• Section 72-9-701

This rule or change incorporates by reference the following material:

• Updates 16189, Federal Register / Vol. 78, No. 50, published by Government Printing Office, March 14, 2013
• Updates 65497, Federal Register / Vol. 77, No. 209, published by Government Printing Office, October 29, 2012
• Updates 49 CFR Parts 350 through 384, Parts 387 through 399, and Part 40, published by Government Printing Office, October 1, 2012
• Updates 24684, Federal Register / Vol. 78, No. 81, published by Government Printing Office, April 26, 2013
• Updates 52608, Federal Register / Vol. 78, No. 164, published by Government Printing Office, August 23, 2013
• Updates 17875, Federal Register / Vol. 78, No. 57, published by Government Printing Office, March 25, 2013

Anticipated cost or savings to:

the state budget:

There is an anticipated cost to the state budget. The Federal Motor Carrier Safety Administration has reported there will be some costs associated with re-training state enforcement personnel on the sometimes intricate details of the exemptions of MAP-21.

local governments:

There is no anticipated cost or savings to the local government because the amendment only affects the Department of Transportation and motor carriers.

small businesses:

The cost savings of this rule for small farming businesses will take the form of reduced expenditures in the agricultural sector. The exact amount of cost savings of the agricultural exemptions in MAP-21 are unknown at this time, because the number of drivers who will qualify for the exemptions are unknown. Small businesses that operate intermodal equipment are estimated to save a total loaded hourly time value of $33 with the elimination of the driver vehicle inspection report (DVIRs) when the driver has neither found nor been made aware of any defects in the intermodal equipment (IME). After 10/23/2015, new interstate motor carriers, freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities under FMCSA jurisdiction will be required to pay a registration fee of $300 via the new electronic on-line Unified Registration System (URS). There is no cost for entities that already have a USDOT number.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the amendment only affects the Department of Transportation and motor carriers.

Compliance costs for affected persons:

There will be a $300 registration fee for new registrations of the Form MCSA-1 and affected persons that operate as interstate motor carriers, freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities.

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

Small farming businesses and businesses that operate intermodal equipment will experience fiscal savings from adoption of this rule due respectively to the MAP-21 exemptions and from elimination of the DVIR in certain circumstances, as more fully described in the savings to small businesses section. Beginning 10/23/2015, there will be a $300 registration fee for new registrations of the Form MCSA-1 and affected persons that operate as interstate motor carriers, freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division 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 [e-mail]

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:

10/31/2013

This rule may become effective on:

11/07/2013

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

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 38[6]7 through 399, and Part 40,(October 1, 201[1]2), as amended by the Federal Register through [January 12, 2012]August 23, 2013 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.

 

R909-1-8. Form MCSA-1 Update Required.

Utah participates in the federal Performance and Registration Information Systems Management (PRISM) program which enforces the motor vehicle maintenance and requires updates to the USDOT number associated with the carrier responsible for the safety of each motor vehicle being registered. Utah based carriers are required to update their USDOT number information (Form MCSA-1) at the time of vehicle registration with the Utah State Tax Commission, or at least every 12 months.

 

KEY: trucks, transportation safety, implements of husbandry

Date of Enactment or Last Substantive Amendment: [April 11, 2012]2013

Notice of Continuation: November 1, 2013

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.

 

---