No. 41200 (Repeal): Rule R708-25. Commercial Driver License Applicant Fitness Certification

(Repeal)

DAR File No.: 41200
Filed: 01/19/2017 03:20:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The repeal of this rule is the result of our five-year review of the rule. The requirements outlined in this rule with regards to fitness certifications have been incorporated into the Utah State Code due to the passage of S.B. 20 during the 2015 General Session. As a result, the rule is no longer necessary. The requirements are now outlined in Section 53-3-410.1, and terms are defined in Subsection 53-3-402(12).

Summary of the rule or change:

The rule outlines the requirement for a Commercial Driver License applicant to certify compliance with federal fitness standards contained in 49 CFR 391.41, 43, and 45, which has been included in Subsection 53-3-410.1. The rule also includes language that references an exemption provided in 49 CFR 390.3 and 391.2, which has been included in Subsection 53-3-102(12)(b) and language that references a provision for an intrastate exemption, which has been included in Subsection 53-3-402(12)(c). As a result of the inclusion of the provisions of the rule in the Utah Code with the passage of S.B. 20 (2015), this rule is no longer needed. Therefore, this rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Subsection 53-3-402(12)
• Section 53-3-410.1

Anticipated cost or savings to:

the state budget:

This change will not affect the state budget because the information in the rule has been incorporated into the Utah Code, and is currently being applied as a result of the passage of S.B. 20 (2015).

local governments:

This change will not affect local government because the information in the rule has been incorporated into the Utah Code, and is currently being applied as a result of the passage of S.B. 20 (2015).

small businesses:

This change will not affect small businesses because the information in the rule has been incorporated into the Utah Code and is currently being applied as a result of the passage of S.B. 20 (2015).

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

This change will not affect persons other than small businesses, businesses, or local government entities because the information in the rule has been incorporated into the Utah Code and is currently being applied as a result of the passage of S.B. 20 (2015).

Compliance costs for affected persons:

This change will result in no compliance cost for affected persons because the information in the rule has been incorporated into the Utah Code and is currently being applied as a result of the passage of S.B. 20 (2015).

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

I have reviewed the amendment and found that this rule change will not have a fiscal impact on business.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, 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:

03/17/2017

This rule may become effective on:

03/24/2017

Authorized by:

Chris Caras, Director

RULE TEXT

R708. Public Safety, Driver License.

[R708-25. Commercial Driver License Applicant Fitness Certification.

R708-25-1. Authority.

This rule is authorized by Subsection 53-3-407.

 

R708-25-2. Fitness Certification Requirements.

(1) Every Commercial Driver License (CDL) applicant must either certify compliance with federal fitness standards contained in 49 CFR 391.41, 43, and 45 or certify that he/she is not subject to such standards. Each applicant who is subject to fitness standards contained in Part 391 (49 CFR), shall be required to show proof that he/she complies with the standards.

(2) Certain commercial drivers are, in accordance with Parts 390.3 and 391.2 of 49 CFR, required to have Commercial Driver Licenses, but are exempted from the federal fitness standards. Exempted are drivers who are employees of Federal, State or Local governments, drivers performing the private transportation of passengers, drivers transporting corpses or sick or injured people, drivers occasionally transporting personal property not for compensation nor in the furtherance of a commercial enterprise, drivers of vehicles used in farm custom harvesting operations, and drivers for apiarian industries.

(3) The Federal Motor Carrier Safety Administration (FMCSA) makes allowances for specific classes of drivers who cannot meet the federal fitness standards for interstate commerce to drive commercially in intrastate commerce, which allowances are articulated in federal rules granting express consent to states involved in approved pilot projects for the FMCSA. Under these conditions, the division may issue commercial Driver Licenses restricted to intrastate commerce with other appropriate restrictions when applicable, provided the applicant meets state medical standards which are consistent with the statutory provisions of Sections 53-3-302, 53-3-303, 53-3-304, and R708-7 and R708-8 of the Utah Administrative Code.

(4) Each Commercial Driver License applicant who is not exempted from the requirements of Part 391 (49 CFR) shall provide to the division, an official Department of Transportation fitness certificate or equivalent, in order to verify:

(a) That the applicant meets the U.S. Department of Transportation medical standards, and;

(b) That the fitness certificate or equivalent was issued pursuant to a current medical examination.

(5) If the division determines that the applicant's driving ability has been impaired physically or mentally, or if the applicant's condition does not otherwise comply with the certification requirements of the fitness certificate or equivalent, the division may refuse to process the application until the applicant meets the fitness standards.

 

KEY: physical examinations, licensing

Date of Enactment or Last Substantive Amendment: 1994

Notice of Continuation: January 20, 2012

Authorizing, and Implemented or Interpreted Law: 53-3-407(1)(c)]

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