No. 36866 (Repeal): Rule R912-10. Requirements for Pilot/Escort Qualified Training and Certification Programs

(Repeal)

DAR File No.: 36866
Filed: 09/27/2012 02:18:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because its provisions will be included in the repealed and reenacted Rule R909-2, Utah Size and Weight Rule. (DAR NOTE: The proposed repeal and reenactment of Rule R909-2 is under DAR No. 36863 in this issue, October 15, 2012, of the Bulletin.)

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 72-1-201
• Section 72-7-406

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the provisions of this rule are only being moved to Rule R909-2.

local governments:

There is no anticipated cost or savings to local government because the provisions of this rule are only being moved to Rule R909-2.

small businesses:

There is no anticipated cost or savings to small businesses because the provisions of this rule are only being moved to Rule R909-2.

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 provisions of this rule are only being moved to Rule R909-2.

Compliance costs for affected persons:

There is no anticipated compliance cost for affected persons because the provisions of this rule are only being moved to Rule R909-2.

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

There is no anticipated fiscal impact on businesses because the provisions of this rule are only being moved to Rule R909-2.

John Njord, 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, Ports of Entry
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:

11/14/2012

This rule may become effective on:

11/21/2012

Authorized by:

John Njord, Executive Director

RULE TEXT

[R912. Transportation, Motor Carrier, Ports of Entry.

R912-10. Requirements for Pilot/Escort Qualified Training and Certification Programs.

R912-10-1. Purpose.

This rule establishes standards and procedures for third-party instructors to train and certify Utah pilot/escort drivers for and on behalf of the Utah Department of Transportation.

 

R912-10-2. Definitions.

"Department" means the Utah Department of Transportation.

"Division" means the Motor Carrier Division.

 

R912-10-3. Application Process.

(1) Application to become a third-party pilot/escort trainer/instructor shall be made on a form furnished by the Division, and shall include the following:

(a) Name and address of entity/institution.

(b) List of instructors.

(c) Resumes of each instructor outlining related experience in the pilot/escort, heavy haul, academia, or commercial vehicle enforcement fields.

(d) A copy of entity/institution's business license.

(e) Sample of digital image certification card that will be issued to students upon completion of the course.

(f) Sample of "Flagger" certification card that will issued to students upon completion of the course.

(g) Procedural guidelines that outlines security measures implemented to safeguard student's personal information.

(h) Copies of all course curriculum and testing materials. These materials will be reviewed and approved by the Division to ensure that all requirements are met. An overview of course curriculum requirements are outlined in R912-10-4.

(i) Entity/institution must document procedures that will be followed to verify student's Motor Vehicle Record (MVR) certification and the collection of insurance forms submitted by the applicant at the time of examination.

(i) Students shall be notified either by mail prior to class or when they call in to sign up that they will need to bring the MVR and proof of insurance with them to the class.

(ii) Students will not be certified until this documentation is provided to the entity/institution.

(iii) Entity/institution shall only accept an original MVR certification that is current within 30 days of classroom instruction and proof of insurance from insurance provider.

 

R912-10-4. Course Curriculum Requirements.

(1) An extensive course curriculum description and requirements are outlined in the application package that can be obtain by contacting the Division at [phone]. Course curriculum to certify pilot/escort drivers to operate in Utah must cover the following topics:

(a) Department rules and regulations governing over-size load movements.

(b) Pilot/escort operations.

(c) Flagging maneuvers for over dimensional loads.

(d) Oversize/Overweight load movement, coordination, planning and communication requirements/best practices.

(e) Pilot/escort vehicle positioning and situational training.

(f) Rail grade crossing safety.

(g) Routing techniques, including pre-trip surveys.

(h) Insurance coverage requirements and liability issues.

 

R912-10-5. Testing Procedures.

Testing materials shall be submitted to the Division for approval. Tests should be structured in accordance with the following guidelines:

(1) Minimum of 40 question exam. A minimum of two different examinations shall be submitted and used randomly during the instruction of the course, structured as follows:

(a) 12 Fill in the blank;

(b) 12 Multiple choice;

(c ) 12 True/False

(d) 1 - 6 questions dealing with safety equipment;

(e) 1 - 4 questions dealing with the duties of pilot/escort drivers;

(f) 1 - 6 questions dealing maintenance of equipment;

(g) 1 - 6 questions dealing with items that must be collected in a route survey.

(2) Grading of examinations - Provide explanation of how this will be administered.

(3) Students must pass with a 80% score to be certified.

(4) Students receiving less than 80% score will be allowed to attend one additional class without additional cost except for reimbursement of any additional materials and postage costs.

(5) It will be the responsibility of the entity/institution to provide a list of students that attended the course and the corresponding grade to the Department, or approved entity, within 72 hours of the completion of the course.

 

R912-10-6. Applicant Recertification Procedures.

(1) Entity/institution shall provide means in which an individual may be re-certified either mail or via Internet.

(2) Entity/institution shall submit written procedures documenting the process for the proctoring of the examination that will allow the applicant re-certification. The examination shall not be a duplicate of the examination used during the initial certification process and should be constructed as to educate student on updates pertaining to pilot/certification and legal requirements.

(3) A copy of the individual's resume proctoring the exam must be submitted to the Division. Documentation must be provided to indicate the process in which the individual proctoring the exam ability to obtain verify applicant's Motor Vehicle Record (MVR) check and the collection of insurance forms submitted by the applicant at the time of re-certification.

(4) Re-certification tests shall be structured as outlined in R912-10-5 with the exception, that the entity replace R912-10-5(1)(d), (e), (f) and (g), with four essay questions.

(5) Applicant's receiving less than 80% score will be allowed to retake the certification exam one additional time at no additional class without additional cost except for reimbursement of any additional materials and postage costs.

(6) Students receiving less than 80% score will be allowed to attend one additional class or certify by mail or online without additional cost except for reimbursement of any additional materials and postage costs.

(7) It will be the responsibility of the entity/institution to provide a list of applicants that have successfully re-certified along with the corresponding grade to the Department, or approved entity, within 72 hours of the date of re-certification.

 

R912-10-8. Training Costs.

(1) Costs associated with providing classroom instruction, materials, testing and credentialing will be the responsibility of the authorized training entity/institution. These costs may be passed on to the students for certification in the form of tuition determined by the training entity/institution based on business model and expenses.

(2) Cost proposal and course fees must be submitted to the Department for approval as part of the application process.

 

R912-10-9. Suspensions and Revocations of Pilot/Escort Training Entities/Institutions.

The Department may suspend or revoke the entity/institution's ability to provide services if the entity/institution fails to meet conditions and requirements set forth under this rule. If an entity/institution has its authority to provide services revoked or suspended, the entity/institution may appeal the decision.

 

R912-10-10. Steering Committee. Appeal Process.

When an entity/institution's authority is revoked or suspended, the entity/institution may file an appeal. The appeals shall be handled by a steering committee created by the Division. The steering committee shall have the powers granted to the Department's Deputy Director in R907-1-3 for appeals from other Division administrative actions. This committee's decision, if adopted by the Director of the Division, will be considered a final agency order under the Utah Administrative Act.

 

R912-10-11. Annual review of Rates, Fees and Certification Process.

The Division has the right to review rates, fees, procedures, and the certification process established by the entity/institution whenever the Division deems it necessary to insure compliance with this rule.

 

R912-10-12. Record Retention and Data Management Requirements.

(1) Authorized Pilot/Escort Qualified Training and Certification Entities/Institutions shall maintain the following certification and recertification records for a period of eight years:

(a) Student's name, address, and contact information.

(b) Driver's license number, original MVR and original proof of insurance information from insurance provider.

(c) Copy of each students written exam.

(d) Digital copy of certification/flagger card, including photo.

(e) Training and expiration dates on all students.

(f) Recertification and expiration dates.

(g) List of instructors/proctors/administrators, copy of their resumes and date of classroom instruction and/or recertification dates providing services.

(2) Records may be scanned and kept electronically provided entity/institution has necessary data backup and retrieval procedures

(3) The Division has the right to review any records retained and may observe the instruction given both in the classroom and through the re-certification process whenever the Division deems it necessary to insure compliance with this rule.

(4) The loss, mutilation or destruction of any records which an entity/institution is required to maintain, must be immediately reported by the entity/institution by affidavit stating:

(a) The date such records were lost, mutilated, or destroyed; and

(b) The circumstances involving such loss, mutilation , or destruction.

(5) All records must be retained by the entity/institution for eight years, with the exception of the computerized file there of, which is to be kept permanently, during which time they shall be subject to inspection by the Division during reasonable business hours. In the event that the entity/institution goes out-of-business, the permanent record shall be submitted by the entity/institution to the Division.

(6) Upon completion of each training course or re-certification a list of each student shall be electronically uploaded to the Division or it's authorized agent within72 hours of completion of course. Authorized entity/institution's will be provided additional information regarding upload and data set requirements.

(7) All records, including computerized records, must be provided to the Division when requested for the purpose of an audit or review of the entities/institution's records. Failure to provide all records as requested by the Division is a violation of this rule.

(8) Entity/Institution's shall maintain accurate, up to date records. Failure to do so is a violation of this rule.

 

R912-10-13. Consumer Protection Information.

The Division shall make consumer protection information available to the public that may use the services to obtain pilot/escort vehicle certification. To obtain such information, the public can call the Division at [phone].

 

KEY: permitted vehicles, trucks, pilot/escort vehicles

Date of Enactment or Last Substantive Amendment: July 18, 2005

Notice of Continuation: July 14, 2010

Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406]

 

---