No. 40810 (New Rule): Rule R909-4. Motor Carrier, Enforcement, Penalties

(New Rule)

DAR File No.: 40810
Filed: 09/21/2016 02:17:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule is to provide the Department with a procedure for enforcing state and federal regulations pertaining to motor carrier safety, and size and weight restrictions, and for assessing penalties against persons who violate these regulations.

Summary of the rule or change:

Rule R909-4 governs the procedure the Department will follow when commencing agency action to enforce state and federal regulations pertaining to motor carrier safety, size, and weight restrictions, and to assess penalties against persons who violate these regulations. The rule also includes a procedure to appeal such agency action, and it authorizes the Department to prohibit motor carriers from operating on Utah highways until they have satisfied all penalties assessed.

Statutory or constitutional authorization for this rule:

• Section 72-9-103
• Section 72-9-301
• Section 72-9-303

Anticipated cost or savings to:

the state budget:

The Department anticipates this new rule will add revenue to the state budget, and it has the potential to decrease costs to the state budget. With this rule in place, the Department will assess civil penalties against motor carriers who violate safety regulations. These civil penalties will be revenue into the state budget. These civil penalties may also serve as a deterrent to future safety violations by motor carriers. Moreover, the new rule provides the Department with a procedure to keep unsafe motor carriers off Utah highways. The additional safety benefits may decrease motor carrier-involved accidents, which may lead ultimately to savings for the state. Quantifying the additional revenue or cost savings this new rule may bring to the state budget is not possible at present because these amounts are based upon variables that may or may not arise in the future.

local governments:

The Department does not anticipate this rule will lead to any cost or savings to the budgets of local governments because it addresses how the state will enforce state and federal motor carrier safety law. Any revenue generated will flow into the state budget; any costs savings that occur will be manifest to the state budget. Any costs or benefits that may flow to local governments because of this new rule are too speculative to address.

small businesses:

The Department does not anticipate this rule will lead to any cost or savings to the budgets of small businesses because it addresses how the state will enforce state and federal motor carrier safety law. Small businesses that are motor carriers will not suffer any additional costs if they do not violate this new rule.

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

The Department does not anticipate this rule will lead to any cost or savings to the budgets of persons other than small businesses, businesses, or local government entities because it addresses how the state will enforce state and federal motor carrier safety law. The general public should not experience any fiscal impact if this new rule is adopted.

Compliance costs for affected persons:

There will be compliance costs for those motor carriers that are found to have violated state or federal regulations pertaining to motor carrier safety and size and weight restrictions. Affected persons that are found to have committed more serious violations will face higher compliance costs. These compliance costs cannot be quantified until affected persons have been given due process and their penalties are assessed.

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

This new rule will not have a fiscal impact on businesses generally. The only businesses that will experience a fiscal impact caused by this new rule will be motor carriers that are found to have violated state and federal regulations pertaining to motor carrier safety and size and weight restrictions. The size of the fiscal impact those motor carrier businesses will experience will depend upon the violation and other relevant factors.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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]
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• Michelle Jeronimo at the above address, by phone at 801-965-3883, by FAX at , or by Internet E-mail at [e-mail]
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , 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:

11/14/2016

This rule may become effective on:

11/21/2016

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

R909. Transportation, Motor Carrier.

R909-4. Motor Carrier, Enforcement, Penalties.

R909-4-1. Purpose.

The Department is responsible for ensuring compliance with all regulations pertaining to motor carrier safety, and size and weight. As part of that responsibility, the Department is granted authority to impose civil penalties on motor carriers that fail to comply with relevant regulations. The purpose of imposing civil penalties is to improve roadway safety and protect the public infrastructure by encouraging compliance with motor carrier regulations.

 

R909-4-2. Authority.

This Rule is enacted under the authority of 72-9-301 for enforcement; 72-9-103 rulemaking authority to enforce Title 72 Chapter 9; and Title 72 Chapter 9 Part 7 to impose penalties; 72-9-303 authority to issue cease and desist orders.

 

R909-4-3. Definitions.

(1) "Department" means the Utah Department of Transportation.

(2) "Notice of Agency Action" means the notice meeting the requirements of Title 63G Chapter 4, Utah Administrative Procedures Act that the Department issues to commence an adjudicative proceeding.

 

R909-4-4. Notice of Agency Action -- Civil Penalties.

(1) The Department may commence an adjudicative proceeding pursuant to rule R907-2 to review allegations of federal or state motor carrier regulation violations by serving a Notice of Agency Action upon the person or persons accused of the violations.

(2) If the Department proposes to impose a penalty under the Notice of Agency Action, the amount of the penalty will be determined employing the Uniform Fine Assessment software issued by Federal Motor Carrier Safety Administration for calculating the amounts of civil penalties for violations of motor carrier regulations. The Uniform Fine Assessment web site may be accessed at https://www.fmcsa.dot.gov/regulations/enforcement/uniform-fine-assessment

(3) In addition to other penalties, the Department may impose a civil penalty of not less than $500 and not more than $2,000 for each offense as authorized in 72-9-703.

(4) The Department may compromise the amount of the penalty. Factors the Department may use when considering whether to compromise the amount of the penalty may include:

(a) History of prior violations and prior conduct;

(b) degree of culpability;

(c) responsiveness to the Notice of Agency Action, including good faith efforts to take corrective action;

(d) gravity of the violation;

(e) ability to continue in business and ability to pay;

(f) whether the amount of the penalty will encourage future compliance, or;

(g) other matters which justice and public safety may require.

(5) When assessing the final penalty imposed on the motor carrier, the Department will indicate on the final agency order which factors the adjudicating officer considered to determine or compromise the final penalty that is imposed.

(6) Administrative Hearings initiated under this provision shall be designated as informal hearings under the Utah Administrative Procedures Act and conducted as set forth in Utah Code Section 63G-4-203.

 

R909-4-5. Appeals of Department Action.

(1) A person may appeal penalties imposed by the Department under this rule and pursuant to the Notice of Agency Action.

(2) Appeals shall be considered by a steering committee created by the Department. The steering committee shall have the powers granted to the Deputy Director, or his designee, in R907-1-3 for appeals from motor carrier penalties imposed by the Department.

(3) The committee's decision, if adopted by the Director of the Motor Carrier Division, will be considered a final agency order under the Administrative Procedures Act.

 

R909-4-6. 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.

 

R909-4-7. 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 Regulations.

 

KEY: civil penalties, notice of agency action, motor carrier, enforcement

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, Implemented, or Interpreted Law: 72-9-103; 72-9-301; 72-9-303

---