No. 38215 (5-year Review): Rule R909-3. Standards for Utah School Buses

DAR File No.: 38215
Filed: 01/02/2014 09:57:57 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 41-6a-1304 permits the Department of Transportation to adopt and enforce rules to govern the design and operation of all school buses that are owned and operated by any school district; privately owned and operated under contract with a school district; or privately owned for use by a private school. Section 41-6a-1309 governs the placement and size of an advertisement on a school bus.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Public comments were received when a repeal and reenactment of Rule R909-3 was published on 07/15/2011. The change incorporated portions of the 2010 edition of the Standards for Utah School Buses and Operations and Appendix, and added provision required by Section 41-6a-1309 regulating the placement and size of advertisements on school buses. At a public hearing held on 08/18/2011, approximately 30 people attended. Six individuals presented their views regarding advertising on School Buses, and the placement of advertisements. The written comments included three agreeing with advertising, and three against advertising on school buses. Written and verbal comments received pertaining to Section R909-3-3, Advertisement on school buses, at a public hearing on 08/18/2011: 1) advertising on the exterior of school buses is a potential source of driver distraction, and it is reasonable to assume that such advertising will potentially result in accidents that would not have otherwise occurred; 2) the right side, loading side of the bus should not be used for any advertisements; 3) bus windows should not be covered or their visibility partially obscured by advertising; 4) Subsection R909-3-2(2) should be amended to include private commercial carriers in service to public school students; and 5) in order to cut rising transportation costs, advertisements on buses could provide public safety by increasing hazardous bus routes with increased funding. Since 08/18/2011, no additional public comments in a written form have been received by the Department of Transportation.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule continues to be necessary because it provide rules for the safe design and operation of school buses and outlines the placement and size of advertisements on a school bus. Therefore, this rule should be continued.

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:

• Mark Burns at the above address, by phone at 801-366-0198, by FAX at 801-366-0352, or by Internet E-mail at [e-mail]

Effective:

01/02/2014

Authorized by:

Carlos Braceras, Executive Director

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