No. 35428 (Repeal): Rule R909-17. Appeal Process for Utah Commercial Vehicle Safety Alliance Inspections

(Repeal)

DAR File No.: 35428
Filed: 11/14/2011 09:10:13 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R909-17 was enacted under Section 72-9-301 to establish a procedure for motor carriers to contest violations cited on roadside inspections conducted by the Utah Highway Patrol or Motor Carrier Division Personnel. This rule is being repealed because challenges of motor carrier data are now managed by the federal on-line system DataQ's.

Summary of the rule or change:

This rule is being repealed because challenges of motor carrier data are now managed by the federal on-line system DataQ's.

State statutory or constitutional authorization for this rule:

• Section 72-9-301

Anticipated cost or savings to:

the state budget:

The UDOT/Motor Carrier Division will still incur costs for personnel to manage the state requests for data changes in the DataQ's system, but costs will be reduced by repeal of this rule and by using this more efficient, time saving on-line system.

local governments:

There is no anticipated cost or savings to local government because this rule only applied to motor carriers.

small businesses:

Motor Carrier companies may see a reduction in costs and time related to challenging data from repeal of this rule because the process in the DataQ's system is streamlined and consumer friendly.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this rule only applied to motor carriers.

Compliance costs for affected persons:

The repeal of Rule R909-7 and the change to the DataQ's system will not require additional compliance costs to motor carriers because the new system is streamlined and consumer friendly.

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

There is no anticipated fiscal impact on businesses from repeal of this rule other than the possible savings from moving to the federal DataQ's system which is streamlined and consumer friendly.

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.

[R909-17. Appeal Process for Utah Commercial Vehicle Safety Alliance Inspections.

R909-17-1. Purpose.

Under Utah Code 72-9-301 the Department in cooperation with the Department of Public Safety, Utah Highway Patrol Division are charged with ensuring commercial motor vehicles obey the Federal Motor Carrier Safety Regulations and Hazardous Material Regulations contained in Title 49, Code of Federal Regulations. This rule establishes a procedure for motor carriers to contest violations cited on roadside inspections conducted by the Utah Highway Patrol or Motor Carrier Division Personnel.

 

R909-17-2. Definitions.

In addition to the definitions found in CFR Title 49 Parts 350 - 399, the following definitions are provided:

(1) "Division" means the Motor Carrier Safety Division

(2) "Department" means the Utah Department of Transportation

(3) "Administrative Review" means a proceeding in which a review board consisting of three members appointed by the Department in conjunction with the Transportation Commission evaluate the findings from the Division and comments from the motor carrier.

 

R909-17-3. Request for Review.

(1) A motor carrier may request the removal of a violation or the designation of the violation being an out-of-service item, cited on a CVSA Inspection. The request must be made in writing to: Deputy Administrator, Motor Carrier Division, 4501 South 2700 West, Box 148240, Salt Lake City, UT 84114-8240.

(2) This request must be accompanied with a list of factual and procedural issues that are in dispute and any information or documentation that supports such request. Documentation or statements from mechanics or vehicle manufactures may accompany the request.

(3) Upon receipt of such a request the Deputy Administrator shall evaluate the inspection, statements from the Inspector/Investigator which conducted the inspection, statements from the motor carrier and any evidence or statements that support its argument. carrier.

(4) The Deputy Administrator shall notify the motor carrier in writing of the decision within thirty (30) days of receipt of a request for review.

(5) The motor carrier will be notified in writing of the decision.

 

R909-17-4. Motor Carrier Rights to Appeal.

(1) If upon notification of the Deputy Administrator's decision, the motor carrier wishes to appeal the decision, written notification must be made to the Motor Carrier Administrator within thirty (30) days of being notified. The request must be sent or faxed to: Administrator, Motor Carrier Division, 4501 South 2700 West, Box 148240, Salt Lake City, Utah 84123, Phone: [phone], Fax: [phone].

(2) The request must state why the motor carrier feels the decision is not accurate, how they believe the inspector/investigator was in error at the time of the inspection, and provide documentation to support their claim.

(3) An Administrative Review will be held with the Motor Carrier Administrator, and a panel designated by the Administrator. The motor carrier may be asked to submit additional data and attend an Informal Review to discuss the cites being contested.

(4) If the motor carrier does not provide the information requested, or does not attend the Informal Review, the Division may dismiss its request for review.

(5) The Division will notify the motor carrier in writing of its decision within 45 days of the Administrative Review or Informal Review.

(6) The decision constitutes final agency action.

 

KEY: appeal, inspection

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

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 72-9-301 ]

 

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