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:

• Title 53e Chapter 3
• Section 41-6a-1304
• Section 41-6a-1309

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:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• 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]
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [e-mail]
• Josh Dangel at the above address, by phone at 269-217-7091, by FAX at , 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:

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

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