No. 32089 (Amendment): R909-16. Overall Motor Carrier Safety Standing

DAR File No.: 32089
Filed: 10/29/2008, 02:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule change is to correct a numbering error found in the rule. The rule also updates the title "Utah Regulations for Legal and Permitted Vehicles" to "Utah Trucking Guide". The change is in name only and the substantive text will remain the same. The reason for the name change is to better accommodate the space on the web site.

Summary of the rule or change:

The numbering has been corrected beginning with Sections R909-16-7 through R909-16-12. Subsection R909-16-3(2) has also been changed from "Utah Regulations for Legal and Permitted Vehicles" to "Utah Trucking Guide". The change is in name only and the substantive text will remain the same. The reason for the name change is to better accommodate the space on the web site.

State statutory or constitutional authorization for this rule:

Section 72-9-303, 72-9-701, and 72-9-702

Anticipated cost or savings to:

the state budget:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change which will impact the state budget. The change is all in the text with substantive changes.

local governments:

No cost or savings are anticipated for local governments with this rule change. No new requirements were created with this rule change that impact local governments.

small businesses and persons other than businesses:

No cost or savings are anticipated for small businesses with this rule change. No new requirements were created with this rule change that impact small businesses.

Compliance costs for affected persons:

No cost or savings are anticipated for compliance of affected persons.

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

This rule should have no fiscal impact on businesses. 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
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

Direct questions regarding this rule to:

Maureen Short 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:

12/15/2008

This rule may become effective on:

12/22/2008

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R909. Transportation, Motor Carrier.

R909-16. Overall Motor Carrier Safety Standing.

R909-16-3. Obtaining a "Satisfactory" Standing.

A motor carrier shall receive a "satisfactory" standing from the Department if the company has an overall company safety fitness of "satisfactory." To meet this requirement, a motor carrier must meet the following conditions:

(1) Received a "satisfactory" rating from a State/Federal Compliance Review within the last 12 months prior to the request of standing;

(2) [Maintained conditions set forth in the ]Utah Trucking Guide;

(3) Does not have a recordable accident rate higher than the national average as defined by 49 CFR Appx. B to Part 385.

(4) The company vehicle out-of-service rate for the previous 12 months must be below the national average as defined by the Federal Motor Carrier Safety Administration;

(5) If the company hauls hazardous materials, compliance must be met as outlined in the Hazardous Materials Regulations, 49 CFR Part 171 - 180.

(6) Meet compliance with all federal, state, and local laws governing the operation of commercial motor carriers.

 

R909-16-[7]8. Cease and Desist Order - Registration Sanctions.

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 as authorized by Section 72-9-303.

 

R909-16-[8]9. 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 Section 72-9-701 and 72-9-703.

 

R909-16-[9]10. Motor Carriers delinquent in paying civil penalties; prohibition on transportation.

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 as authorized by 72-9-303.

 

R909-16-[10]11. Change to standing based upon corrective actions.

(1) A motor carrier that has taken action to correct the deficiencies that resulted in an "unsatisfactory" standing may request a review at any time.

(2) The request must be made in writing and sent or faxed to: Motor Carrier Division, 4501 South 2700 West, Box 14820, Salt Lake City, Utah 84114-8240, Phone: [phone], Fax: [phone].

(3) The motor carrier must base this request upon evidence that it has taken corrective actions and that it operations currently meet the safety conditions as outlined in R909-3. The request must include a written description of corrective actions taken, and other documentation the carrier wishes the Department to consider.

(4) The Department will make a final determination in writing within 30 days after the request has been made based upon the documentation the motor carrier submits, and any additional relevant information.

(5) The Department will perform reviews of requests made by motor carriers within 45 days of the request.

 

R909-16-[11]12. Rights of Carriers to Appeal "Unsatisfactory" Standing.

(1) A motor Carrier may appeal the Department's assessment of an "unsatisfactory" standing. The motor carrier must make a "petition to review" standing in writing. The petition must state why the proposed standing is believed to be in error and list all factual and procedural issues disputed. The petition may be accompanied by any information or documents the motor carrier is relying upon as the basis for it's petition.

(2) The Department may request the petitioner to submit additional data and attend an Informal Rearing to discuss the standing. Failure to provide the information requested or to attend the Informal Review may result in dismissal of the petition.

(3) A motor carrier must make a request for a "petition to review" within 45 days of the date of the "unsatisfactory" standing was issued.

(4) The Department will notify the motor carrier in writing of its decision following the Administrative Review or Informal Review. The Department will complete its review within 15 days after the Administrative Review or Informal Review date.

(5) If after the Administrative Review or Informal Review, an agreement acceptable to the Division is not reached, a formal Notice of Agency Action will be entered against the carrier.

 

KEY: safety standing, truck

Date of Enactment or Last Substantive Amendment: [December 4, 2001]2008

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 72-9-303; 72-9-701; 72-9-702