No. 35425 (Amendment): Rule R909-1. Safety Regulations for Motor Carriers

(Amendment)

DAR File No.: 35425
Filed: 11/14/2011 08:57:34 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to incorporate by reference and adopt changes in the Federal Motor Carrier Safety Regulations as of 10/01/2011, and to add enforcement provisions authorized by statute.

Summary of the rule or change:

This rule amendment incorporates the current Federal Motor Carrier Safety Regulations. It includes a clarification for limits of liability for the transportation of hazardous materials as defined in 49 CFR 171.101. This rule amendment adds provisions that were previously included in Rule R909-16 regarding cease and desist orders, penalties, and fines, and a prohibition from operating commercial motor vehicles in intrastate or interstate commerce for any motor carrier that fails or neglects to comply with state and federal regulations. Changes to the Federal Motor Carrier Safety Regulations since the last incorporated version include the continuation of the 11-hour rule, and 34-hour restart, and an exemption for certain railroad signal employees. Changes to the commercial driver's license (CDL) include attaching the medical certificate to the license, extending farmer exemptions for share-cropping, and new standards for the commercial learner's permit (CLP). There are new requirements for intermodal equipment operation and an exception for intermodal equipment Daily Vehicle Inspection Reports. Safety audits will now be held to a higher standard of compliance. The new regulatory guidance for texting also includes civil penalties. The Unified Carrier Registration fee bracket has been updated. Insurance changes include minimum levels of financial responsibility for Canada-domiciled motor carriers and freight forwarders and changes to cargo insurance rules. Interstate commercial motor vehicles designed to carry 9 -15 passengers must comply regardless of distance traveled. Amendments of drug testing procedures and use of a new control form have been implemented. Adopted are new standards of compliance for electronic on-board recorders and an exemption for transporting metal coils. The "registrant only" designation has been extended until 09/01/2012. There is now protection for shippers that does not require them to sign blank documents and the elimination of operational brakes on the third truck in a triple saddle-mount combination.

State statutory or constitutional authorization for this rule:

• Section 72-9-104
• Section 72-9-101
• Section 72-9-103
• Section 72-9-301

This rule or change incorporates by reference the following material:

• Updates 49 CFR Parts 350 through 384, Parts 386 through 399, and part 40., published by Government Printing Office, October 1, 2011

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because the changes to the Federal Motor Carrier Safety Regulations are already in effect and this rule amendment incorporates these regulations to enable the department to enforce them.

local governments:

There are no anticipated costs or savings to local government because the changes to the Federal Motor Carrier Safety Regulations are already in effect and this rule amendment incorporates these regulations to enable the department to enforce them.

small businesses:

There are no anticipated costs or savings to small businesses because the changes to the Federal Motor Carrier Safety Regulations are already in effect and this rule amendment incorporates these regulations to enable the department to enforce them.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities because the changes to the Federal Motor Carrier Safety Regulations are already in effect and this rule amendment incorporates these regulations to enable the department to enforce them.

Compliance costs for affected persons:

There are no anticipated costs for affected persons because the changes to the Federal Motor Carrier Safety Regulations are already in effect and this rule amendment incorporates these regulations to enable the department to enforce them.

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

There are no anticipated fiscal impacts on businesses because the changes to the Federal Motor Carrier Safety Regulations are already in effect and this rule amendment incorporates these regulations to enable the department to enforce them.

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:

• Linda Barrow 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:

01/03/2012

This rule may become effective on:

01/10/2012

Authorized by:

John Njord, Executive Director

RULE TEXT

R909. Transportation, Motor Carrier.

R909-1. Safety Regulations for Motor Carriers.

R909-1-1. Authority and Purpose.

This Rule is enacted under the authority of Section 72-9-103 to enable the department to enforce the Federal Motor Carrier Safety Regulations as contained in Title 49, Code of Federal Regulations related to the operation of a motor carrier within the state, as required by Section 72-9-301.

 

R909-1-2. Adoption of Federal Regulations.

(1) Safety Regulations for Motor Carriers, 49 CFR Parts 350 through 3[99,]84, Parts 386 through 399, and Part 40, [as contained in the October 1, 2008](October 1, 2010),[ Code of Federal Regulations, is] as amended by the Federal Register through June 6, 2011 are incorporated by reference, except for Parts 391.11(b)(1) and 391.49 as it applies to intrastate drivers only. These requirements apply to all motor carrier(s) as defined in 49 CFR Part 390.5, excluding commercial motor vehicles which are designed or used to transport more than 8 and less than 15 passengers (including the driver) for compensation and [UCA]Section 72-9-102(2) engaged in intrastate commerce.

(2) Intrastate trucking operations in which the carriers operate double trailer combinations only are not required to comply with 49 CFR Part 380.203(a)(2).

(3) Exceptions to Part 391.41, Physical Qualification may be granted under the rules of Department of Public Safety, Driver's License Division, [UCA]Section 53-3-303.5 for intrastate drivers under R708-34.

(4) Drivers involved wholly in intrastate commerce shall be at least 18 years old. However, if they are transporting placarded amounts of hazardous materials or carrying 16 or more passengers, including the driver, they must be 21 years old.

 

R909-1-[2]3. Insurance for Private Intrastate/Interstate Motor Carriers.

(1) "Private Motor Carrier" means a person who provides transportation of property or passengers by commercial motor vehicle and is not a for-hire motor carrier.

(2) All intrastate private motor carriers shall have a minimum amount of $750,000 liability.

(3) All intrastate for-hire and private motor carriers transporting any quantities of oil listed in 49 CFR 172.101; hazardous waste, hazardous material and hazardous substances defined in 49 CFR 171.101, shall have $1,000,000 minimum level of financial responsibility and a MCS-90 endorsement maintained at the principal place of business.

 

R909-1-[3]4. Implements of Husbandry.

"Implements of Husbandry" is defined in [Utah Code Ann.] Section 41-1a-102(23) and must be in compliance with all provisions of Chapter 6, Title 41, Utah Code Annotated. Vehicles meeting this definition are exempt from 49 CFR Part 393 - Parts and Accessories Necessary for Safe Operations.

 

R909-1-5. 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 Safety Regulations or any part of this rule.

 

R909-1-6. 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 Sections 72-9-701 and 72-9-703.

 

R909-1-7. 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.

 

KEY: trucks, transportation safety, implements of husbandry

Date of Enactment or Last Substantive Amendment: [June 11, 2009]2012

Notice of Continuation: November 1, 2011

Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301; 72-9-303; 72-9-701; 72-9-703.

 

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