No. 35629 (Emergency Rule): Rule R708-10. Classified License System

DAR File No.: 35629
Filed: 01/06/2012 12:14:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is required to bring the Utah Driver License Division in compliance with federal regulations. In addition, the "Authorizing, Implemented or Interpreted Law" citation has been corrected.

Summary of the rule or change:

This change modifies and clarifies the codes used for driving restrictions and adds new restriction codes.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: Federal Motor Carrier Safety Improvement Act (MCSIA) defines driving restrictions and the corresponding data entry code. This rule will bring the Utah Driver License Division in compliance with those restrictions and codes.

State statutory or constitutional authorization for this rule:

• Section 53-3-104

Anticipated cost or savings to:

the state budget:

This change will not affect the state budget because federal grant funds have been awarded through the FY 2010 Commercial Driver License Modernization grant to fund the costs to modify the restrictions changes on the commercial driver license certificate.

local governments:

Local government is not affected by the change because local government does not issue Utah driver license certificates.

small businesses:

Small business is not affected by the change because local government does not issue Utah driver license certificates.

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

Some drivers who currently hold a Utah Commercial driver license will need a new certificate reflecting the restriction changes.

Compliance costs for affected persons:

The drivers who currently hold a Utah Commercial driver license that are affected by the restriction changes will not incur any costs because federal grant funds have been awarded through the FY 2010 Commercial Driver License Program Improvement grant and will be used to cover the costs to generate letters explaining the changes, create new certificates, and postage.

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

There will not be a fiscal impact on business as a result of this rule change.

Lance Davenport, Commissioner

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

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Jill Laws at the above address, by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

This rule is effective on:

01/07/2012

Authorized by:

Lance Davenport, Commissioner

RULE TEXT

R708. Public Safety, Driver License.

R708-10. Classified License System.

R708-10-1. Authority.

This rule is authorized by Section [53-3-401]53-3-104 et seq.

 

R708-10-2. Specifications for Utah License Classifications.

Class A Commercial Driver - (must be at least 18 years of age). Every person operating any combination of vehicles over 26,000 lbs. GVWR (Gross Vehicle Weight Rating) where the towed unit is more than 10,000 lbs. GVWR.

Class B Commercial Driver - (must be at least 18 years of age). Every person operating a straight truck or bus (single vehicle) more than 26,000 lbs. GVWR or any combination of vehicles over 26,000 lbs. GVWR where the towed unit is less than 10,001 lbs. GVWR.

Class C operator - (must be at least 21 years of age). Every person operating a vehicle or combination of vehicles less than 26,001 GVWR which transports amounts of hazardous materials requiring placarding or which transports more than 15 occupants including the driver, or which is used as a school bus.

Class D operator - (must be at least 16 years of age). Every person operating vehicles not defined above except motorcycles.

 

R708-10-3. Endorsements.

H = Hazardous materials

M = Motorcycle.

N = Tank vehicle.

P = Passengers.

S = School bus. (includes P)

T = Double or triple trailers.

X = Hazardous material and tank combination.

Z = Taxis.

 

R708-10-4. Restrictions.

A = [None.]No restrictions.

B = Corrective lenses[.] - Restricted to wearing corrective lenses while operating a vehicle.

C = Mechanical aid[.]- Mechanical aid or compensatory device must be installed in the vehicle the driver is operating.

D = Prosthetic aid[.]- Prosthetic aid must be used while operating a vehicle.

E = Automatic transmission[.] - Restricted to driving a vehicle with automatic transmission.

F = Outside rearview mirror s[.] - Restricted to driving a vehicle with outside rearview mirrors.

[ I = Limit - other.

] G = Daylight driving only[.] - Restricted to driving during daylight hours only.

J = Restricted Other[.] - Used as a free text field to identify additional restrictions.

K = CDL Intrastate only - Restricted to intrastate operation of commercial vehicles.

L = Vehicle without airbrake - Restricted to vehicles not equipped with air[]brakes.

M = Except Class A bus - Class A license prohibited from driving a Class A bus.

N = Except Class A and Class B bus - Class A license prohibited from driving a Class A or Class B bus.

[O = 90 cc or less motorcycle.

]U = [a 3 wheel cycle.]Three wheel motorcycle - Restricted to operating only three-wheel motorcycles.

V = [POSTED 40 mph or less.]Medical variance - Driver must have a medical variance letter accompanied by a DOT Medical Card.

[W = medical.]1 = Interlock device - Required to have an ignition interlock device installed in the vehicle they are operating.

2 = 249cc or less motorcycle[.] - Restricted to operating a motorcycle with 249cc or less.

3 = 649cc or less motorcycle[.] - Restricted to operating a motorcycle with 649cc or less.

4 = Street legal ATV[only.] - Restricted to operating a street legal ATV.

5 = 90cc or less motorcycle - Restricted to operating a motorcycle with 90cc or less.

6 = Speed posted 40 mph or less - Restricted to operating a vehicle on a road with a posted speed limit of 40 mph or less.

 

KEY: classified license, licensing

Date of Enactment or Last Substantive Amendment: January 7, 2012

Notice of Continuation: April 7, 2009

Authorizing, and Implemented or Interpreted Law: [53-3-401]53-3-104 et seq.

 

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