No. 43704 (Amendment): Rule R909-3.Standards for Utah School Buses  

  • (Amendment)

    DAR File No.: 43704
    Filed: 05/07/2019 10:10:08 AM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    These proposed rule changes are necessary to update and ensure that terms and phrases used in Rule R909-3 do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 from the 2019 General Session.

    Summary of the rule or change:

    H.B. 27 (2019) changes several definitions included in Title 53e, Chapter 3, which are used in the Department of Transportation's Standards for Utah School Buses and Operations. These proposed amendments reflect those changes. These proposed changes make several grammatical, and nonsubstantive changes.

    Statutory or constitutional authorization for this rule:

    This rule or change incorporates by reference the following material:

    • Updates Standards for Utah School Buses and Operation, published by Utah Board of Education, 12/08/2018

    Anticipated cost or savings to:

    the state budget:

    These proposed amendments will not cause a fiscal impact to the the state's budget. These proposed amendments ensure that terms and phrases used in this rule do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 (2019) which are non-fiscal changes.

    local governments:

    These proposed amendments will not cause a fiscal impact to local governments. These proposed amendments ensure that terms and phrases used in this rule do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 (2019) which are non-fiscal changes.

    small businesses:

    These proposed amendments will not cause a fiscal impact to small businesses. These proposed amendments ensure that terms and phrases used in this rule do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 (2019) which are non-fiscal changes.

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

    These proposed amendments will not cause a fiscal impact to persons other than small businesses, businesses, or local government entities. These proposed amendment ensure that terms and phrases used in this rule do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 (2019) which are changes to definitions, not fiscal changes.

    Compliance costs for affected persons:

    These proposed amendments will not cause a fiscal impact to affected persons. These proposed amendments ensure that terms and phrases used in this rule do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 (2019) which are changes to definitions, not fiscal changes.

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

    These proposed amendments will not cause a fiscal impact to businesses.

    Carlos Braceras, Executive Director

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

    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:

    07/01/2019

    This rule may become effective on:

    07/08/2019

    Authorized by:

    Carlos Braceras, Executive Director

    RULE TEXT

    Appendix 1: Regulatory Impact Summary Table*

    Fiscal Costs

    FY 2020

    FY 2021

    FY 2022

    State Government

    $0

    $0

    $0

    Local Government

    $0

    $0

    $0

    Small Businesses

    $0

    $0

    $0

    Non-Small Businesses

    $0

    $0

    $0

    Other Person

    $0

    $0

    $0

    Total Fiscal Costs:

    $0

    $0

    $0





    Fiscal Benefits




    State Government

    $0

    $0

    $0

    Local Government

    $0

    $0

    $0

    Small Businesses

    $0

    $0

    $0

    Non-Small Businesses

    $0

    $0

    $0

    Other Persons

    $0

    $0

    $0

    Total Fiscal Benefits:

    $0

    $0

    $0





    Net Fiscal Benefits:

    $0

    $0

    $0

     

    *This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

     

    Appendix 2: Regulatory Impact to Non-Small Businesses

    These proposed rule changes will not have a fiscal impact on the budgets of businesses, small or non-small. Nor will these proposed rule changes have a fiscal impact on state or local governments.

     

    These proposed rule changes are necessary to ensure that terms and phrases used in Rule R909-3 do not conflict with similar terms and phrases included in Utah Code Title 53e, Chapter 3, which is amended by H.B. 27 passed during the 2019 General Session.

     

    This analysis was reviewed and approved by the executive director of the Department of Transportation, Carlos Braceras.

     

     

    R909. Transportation, Motor Carrier.

    R909-3. Standards for Utah School Buses.

    R909-3-1. Authority and Purpose.

    This rule is enacted under authority of Utah Code Section s 41-6a-1304 and 41-6a-1309 for the purpose of governing the design and operation of school buses and governing the placement of advertisements on school buses.

     

    R909-3-2. Adoption of Standards for Utah School Buses and Operations Standards [2010]2019 Edition.

    (1) In [C]cooperation with the Utah State [Office]Board of Education and the Department of Public Safety, [T]the Standards for Utah School Buses and Operations [and Appendix ]as contained in the [2010]2019 Published Edition, is incorporated by reference .[, except for Part, "Finance, School District".]

    [(a) ]The Standards for Utah School Buses and Operations [is]are published by the Utah State [Office]Board of Education and can be found at [http://www.schools.utah.gov/finance/DOCS/Transportation/2010-BusStandards.aspx.]https://schools.utah.gov/File/2f934a74-4cbf-4473-ba60-8912a07ae640

    [(b) The 2010 Standards Appendix is published by the Utah State Office of Education and can be found at http://www.schools.utah.gov/finance/DOCS/Transportation/2010-StandardsAppendix.aspx.]

    (2) These requirements apply to the design and operation of all school buses in this state when:

    (a) owned and operated by any [school district]Local Education Agency (LEA) as defined in Utah Code Section 53E-3-401;

    (b) privately owned and operated under contract with a [school district]LEA; or

    (c) privately owned for use by a private school.

     

    R909-3-3. Advertisement on School Buses.

    (1) In addition to the restrictions listed in Utah Code Section 41-6a-1309 , advertisements placed on a bus may not:

    (a) cover, obscure or interfere with the operation of any required lighting, reflective tape, emergency exits , or any other safety equipment;

    (b) be placed within six inches of any required markings, lighting , or other required safety equipment;

    (c) resemble a traffic control device; or

    (d) be illuminated or [be ]constructed of reflective material.

     

    KEY: school buses, safety

    Date of Enactment or Last Substantive Amendment: [August 25, 2011]2019

    Notice of Continuation: December 27, 2018

    Authorizing, and Implemented or Interpreted Law: 41-6a-1304


Document Information

Effective Date:
7/8/2019
Publication Date:
06/01/2019
Type:
Notices of Proposed Rules
Filed Date:
05/07/2019
Agencies:
Transportation, Motor Carrier
Rulemaking Authority:

Title 53e Chapter 3

Section 41-6a-1304

Section 41-6a-1309

Authorized By:
Carlos Braceras, Executive Director
DAR File No.:
43704
Summary:

H.B. 27 (2019) changes several definitions included in Title 53e, Chapter 3, which are used in the Department of Transportation's Standards for Utah School Buses and Operations. These proposed amendments reflect those changes. These proposed changes make several grammatical, and nonsubstantive changes.

CodeNo:
R909-3
CodeName:
{31336|R909-3|R909-3. Standards for Utah School Buses}
Link Address:
TransportationMotor CarrierCALVIN L RAMPTON COMPLEX4501 S 2700 WSALT LAKE CITY, UT 84119-5998
Link Way:

Christine Newman, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov

James Palmer, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov

Linda Hull, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@utah.gov

Josh Dangel, by phone at 269-217-7091, by FAX at , or by Internet E-mail at jdangel@utah.gov

AdditionalInfo:
More information about a Notice of Proposed Rule is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. Text to be deleted is struck through and surrounded by brackets ([example]). Text ...
Related Chapter/Rule NO.: (1)
R909-3. Standards for Utah School Buses.