No. 39172 (Emergency Rule): Rule R909-1. Safety Regulations for Motor Carriers

DAR File No.: 39172
Filed: 03/06/2015 10:26:22 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

A recent change to federal Motor Carrier Safety Administration regulations creates a conflict between Section R909-1-8 and the federal regulation. This change is needed to bring Rule R909-1 into harmony with the federal regulation.

Summary of the rule or change:

Remove Section R909-1-8 from the rule.

Emergency rule reason and justification:

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

Justification: Section R909-1-8 now conflicts with federal regulation. The Utah Department of Transportation (UDOT) feels that is is necessary to remove Section 909-1-8 immediately to bring Rule R909-1 into compliance with federal law, and to give UDOT time to review Rule R909-1 closely to determine if other changes to this rule are needed.

State statutory or constitutional authorization for this rule:

• 49 CFR Section 390.19
• Subsection 72-9-103(1)

Anticipated cost or savings to:

the state budget:

This emergency rule change will not cause any change to the state budget because the state is not at risk of being penalized by the federal government. The only reason this change is being made is to end a conflict between state rule and federal regulations.

local governments:

This emergency rule change will not result in any costs to local government because local governments are not affected by the conflicting state rule and federal regulation.

small businesses:

This emergency rule change will not result in any costs to small business because small businesses are not affected by the conflicting state rule and federal regulation.

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

This emergency rule change will not result in any costs to persons other than small businesses, businesses, or local government entities because persons other than small businesses, businesses, or local government entities are not affected by the conflicting state rule and federal regulation.

Compliance costs for affected persons:

This emergency rule change may result in a decrease in costs for affected persons because affected persons will not be required to comply with Section R909-1-8 for the 120 days this emergency rule is in effect.

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

This emergency rule change may result in a decrease in costs for affected persons because they will not be required to comply with Section R909-1-8 while this emergency rule is in effect. The whole purpose of promulgating this emergency rule is to bring UDOT into compliance with federal regulations while it is determined how best to rewrite Rule R909-1 to account for new federal regulations.

Carlos Braceras, 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:

• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

This rule is effective on:

03/06/2015

Authorized by:

Carlos Braceras, 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 384, Parts 387 through 399, and Part 40,(October 1, 2012), as amended by the Federal Register through August 23, 2013 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 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, 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.

(5) Licensed child care providers operating a passenger vehicle with a seating capacity of not more than 30 passengers, and wholly in intrastate commerce, are exempt from 49 CFR Part 387 Subpart B but are subject to the minimum coverage requirements in Section 72-9-103.

 

R909-1-3. 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.

 

R909-1-4. Implements of Husbandry.

"Implements of Husbandry" is defined in 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.

 

[R909-1-8. MCS-150 Update Required.

Utah participates in the federal Performance and Registration Information Systems Management (PRISM) program which enforces the motor vehicle maintenance and requires updates to the USDOT number associated with the carrier responsible for the safety of each motor vehicle being registered. Utah based carriers are required to update their USDOT number information (MCS-150) at the time of vehicle registration with the Utah State Tax Commission, or at least every 12 months.

 

]KEY: trucks, transportation safety, implements of husbandry

Date of Enactment or Last Substantive Amendment: [March 6, ]2015

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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