No. 36890 (5-year Review): Rule R651-410. Off-Highway Vehicle Safety Equipment

DAR File No.: 36890
Filed: 09/28/2012 04:24:09 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule was established and is required by Subsection 41-22-10.7(2), which states; "In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules which set standards for the equipment and which designate sand dunes where safety flags are required under Subsection (1)."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

During the last five years, the Division of Utah State Parks and Recreation has not received any written comments in either favor or against this rule. This rule focuses upon off-highway vehicle safety equipment specifically safety flags that are required on designated sand dunes.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued because it defines the requirement to place a safety flag on an OHV, which are required to be mounted on any OHV at Coral Pink Sand Dunes, Big Sand Mountain Recreation Management Area, and the Little Sahara Special Recreation Management Area. Without this rule, safety would be hindered and potential lives could be lost. This rule provides a safety requirement when operating OHVs upon certain sand dunes, in which eye sight is limited of other OHVs.

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

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at [e-mail]

Authorized by:

Fred Hayes, Director

Effective:

09/28/2012

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