No. 33046 (Amendment): Section R877-23V-6. Issuance of In-Transit Permits Pursuant to Utah Code Ann. Section 41-3-305  

  • (Amendment)

    DAR File No.: 33046
    Filed: 10/13/2009 02:52:44 PM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    Section 41-3-305 allows the Motor Vehicle Enforcement Division to issue 96-hour in-transit permits through rulemaking.

    Summary of the rule or change:

    The proposed amendment provides criteria for the issuance of 96-hour in-transit permits to entities in the business of auctioning motor vehicles.

    State statutory or constitutional authorization for this rule:

    Anticipated cost or savings to:

    the state budget:

    None--The proposed amendments reflects long-standing commission practice.

    local governments:

    None--The proposed amendments reflects long-standing commission practice.

    small businesses:

    None--The proposed amendments reflects long-standing commission practice.

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

    None--The proposed amendments reflects long-standing commission practice.

    Compliance costs for affected persons:

    None--The proposed amendments reflects long-standing commission criteria for issuing 96-hour in-transit permits.

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

    There are no anticipated fiscal impacts.

    D'Arcy Dixon, Commissioner

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

    Tax Commission
    Motor Vehicle Enforcement
    210 N 1950 W
    SALT LAKE CITY, UT 84134

    Direct questions regarding this rule to:

    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:

    12/01/2009

    This rule may become effective on:

    12/08/2009

    Authorized by:

    Pam Hendrickson, Commission Chair

    RULE TEXT

    R877. Tax Commission, Motor Vehicle Enforcement.

    R877-23V. Motor Vehicle Enforcement.

    R877-23V-6. Issuance of In-Transit Permits Pursuant to Utah Code Ann. Section 41-3-305.

    [A.](1)(a) Transported semitractors are piggy-backed when all of the semitractors being transported are touching the ground.

    (b) Each piggy-backed vehicle must have a separate in-transit permit or be properly registered for operation in Utah.

    [B.](2) In-transit permits may not be issued for loaded motor vehicles over 12,000 pounds gross laden weight.

    [C. Each piggy-backed vehicle must have a separate in-transit permit or be properly registered for operation in Utah.

    D.](3) A semitractor hauling unlicensed trailers must obtain an in-transit permit for any trailer in contact with the ground.

    (4) Subject to Subsections (5) and (6), the following entities may issue in-transit permits:

    (a) a licensed dealer that is primarily engaged in the business of auctioning consigned motor vehicles to other dealers or the public; and

    (b) a state or local government agency that is engaged in the business of auctioning motor vehicles to dealers or the public.

    (5) An entity issuing an in-transit permit under Subsection (4) shall maintain records of all in-transit permits obtained from the division. These records shall include:

    (a) vehicle purchaser information;

    (b) vehicle identification number; and

    (c) evidence that the purchaser has met the requirements for issuance of the in-transit permit.

    (6) An entity described in Subsection (4) that fails to maintain the records required under Subsection (5) may be prohibited from issuing in-transit permits.

     

    KEY: taxation, motor vehicles

    Date of Enactment or Last Substantive Amendment: [March 3 ], 2009

    Notice of Continuation: March 14, 2007

    Authorizing, and Implemented or Interpreted Law: 41-3-305

     


Document Information

Effective Date:
12/8/2009
Publication Date:
11/01/2009
Filed Date:
10/13/2009
Agencies:
Tax Commission,Motor Vehicle Enforcement
Rulemaking Authority:

Section 41-3-305

Authorized By:
Pam Hendrickson, Commission Chair
DAR File No.:
33046
Related Chapter/Rule NO.: (1)
R877-23V-6. Issuance of In-Transit Permits Pursuant to Utah Code Ann. Section 41-3-305.