No. 27970 (New Rule): R912-9. Pilot/Escort Requirements and Certification Program

DAR File No.: 27970
Filed: 06/01/2005, 05:40
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed new rule is designed to certify pilot/escort drivers and list the mandatory vehicle equipment for pilot/escort services.

 

Summary of the rule or change:

This rule establishes procedures for certification, including the types of items that must be covered in classes, documentation, equipment standards, signs, and insurance requirements.

 

State statutory or constitutional authorization for this rule:

Sections 72-1-201 and 72-7-406

 

Anticipated cost or savings to:

the state budget:

There may be some costs resulting from oversight of the general certification process. This would primarily involve clerical work, such as processing mail, permits, and time spent evaluating whether an applicant has met requirements. It is impossible to estimate the costs since it is a new program.

 

local governments:

This rule does not apply to local governments. Therefore, there should be no cost.

 

other persons:

The industry will incur costs from needing to attend certification classes. At this time, we do not know how much these costs will be.

 

Compliance costs for affected persons:

We do not know what the costs will be for individuals to receive certification lessons.

 

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

The fiscal impact on business should be minor. It is outweighed by the need to require certification of pilot/escort vehicles so as to improve public safety. John R. Njord, 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, Ports of Entry
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

 

Direct questions regarding this rule to:

James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, 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:

07/15/2005

 

This rule may become effective on:

07/16/2005

 

Authorized by:

John R. Njord, Executive Director

 

 

RULE TEXT

R912. Transportation, Motor Carrier, Ports of Entry.

R912-9. Pilot/Escort Requirements and Certification Program.

R912-9-1. Authority.

This rule is enacted under the authority of Section 72-7-406.

 

R912-9-2. Purpose.

This rule establishes procedures for pilot/escort driver certification and vehicle equipment requirements for pilot/escort services.

 

R912-9-3. Definitions.

"Department" means the Utah Department of Transportation.

"Division" means the Motor Carrier Division.

 

R912-9-4. Pilot/Escort Driver Requirements.

Individuals who operate a pilot/escort vehicle must meet the following requirements:

(1) Must be a minimum of 18 years of age.

(2) Possess a valid drivers license for the state jurisdiction in which he/she resides.

(3) Pilot/Escort driver's will be issued a certification card by an authorized Qualified Certification Program as outlined in R912-10, and shall have it in their possession at all times while in pilot/escort operations.

(4) Initial certification will be valid for four years from the date of issue. One additional four-year certification may be obtained through a mail in or on-line recertification process provided by a Qualified Pilot/Escort Training Entity/Institution.

(5) Pilot/escort drivers must provide a current (within 30 days) Motor Vehicle Record (MVR) certification to the Qualified Certification Program at the time of the course.

(6) Current certification for pilot/escort operators will be honored through expiration date. Prior to expiration of pilot/escort certification it will be the responsibility of the operator to attend classroom instruction provided by an authorized Pilot/Escort Qualified Certification Program. A list of these providers can be obtained by calling [phone].

 

R912-9-5. Driver Certification Process.

(1) Drivers domiciled in Utah must complete a pilot/escort certification course authorized by the Department. A list of authorized instructors may be obtained by contacting [phone].

(2) Pilot/ Escort drivers domiciled outside of Utah may operate as a certified pilot/escort driver with another State's certification credential, provided the course meets the minimum requirements outlined in the Pilot/ Escort Training Manual - Best Practices Guidelines as endorsed by the Specialized Carriers and Rigging Association, Federal Highway Administration, and the Commercial Vehicle Safety Alliance; and/or

(3) The Department may enter into a reciprocal agreement with other states provided they can demonstrate that course materials are comprehensive and meet minimum requirements outlined by the Department.

(4) Pilot/escort driver certification expires four years from the date issued. It will be the responsibility of the driver to maintain certification.

 

R912-9-6. Suspensions and Revocations of Pilot/Escort Driver Certification.

Pilot/escort drivers may have their certification suspended or revoked by the Department if convicted of a disqualifying offense.

(1) Drivers convicted of serious traffic violations such as excessive speed, reckless driving and driving maneuvers reserved for emergency vehicles, driving under the influence of alcohol or controlled substances may have their certification suspended or revoked by the Department.

(2) The Department may suspend for first offenses up to one year. Subsequent offenses may result in permanent revocation of driver certification.

 

R912-9-7. Steering Committee. Appeal Process.

When a driver is denied pilot/escort-driving privileges for reasons other than the conditions set forth in R912-9-6, the individual may file an appeal. The appeals shall be handled by a steering committee created by the Division. The steering committee shall have the powers granted to the Deputy Director in R907-1-3 for appeals from other Motor Carrier Division administrative actions. This committee's decision, if adopted by the Director of the Motor Carrier Division, will be considered a final agency order under the Utah Administrative Act.

 

R912-9-8. Pilot/Escort Vehicle Standards.

(1) Pilot/Escort vehicles may be either a passenger vehicle or a two-axle truck with a 95 inch minimum wheelbase and a maximum gross vehicle weight of 12,000 lbs and properly registered and licensed as required under Sections 41-1a-201 and 41-1a-401.

(2) Equipment and load shall not reduce visibility or mobility of pilot/escort vehicle while in operation.

(3) Trailers may not be towed at any time while in pilot/escort operations.

(4) Pilot/escort vehicles shall be equipped with a two-way radio capable of transmitting and receiving voice messages over a minimum distance of one-half mile. Radio communications must be compatible with accompanying pilot/escort vehicles, utility company vehicles, permitted vehicle operator and police escort, when necessary.

 

R912-9-9. Pilot/Escort Vehicle Signing Requirements.

(1) Sign requirements on pilot/escort vehicles are as follows:

(a) Pilot escort vehicles must display an "Oversize Load" sign, which shall be mounted on the top of the pilot/escort vehicle.

(b) Signs must be 5 feet by 10 inches in size, with a solid yellow background and 8 inch high by 1-inch wide black letters.

(c) The sign for the front/pilot escort vehicle shall be displayed so as to be clearly legible and readable by oncoming traffic at all times.

(d) The rear pilot/escort vehicle shall display its sign so as to be readable by traffic overtaking from the rear and clearly legible at all times.

 

R912-9-10. Pilot/Escort Vehicle Lighting Requirements.

(1) Two methods of lighting are authorized by the Department. Requirements are as follows:

(a) Two AAMVA approved amber flashing lights mounted on each side of the required sign. These shall be a minimum of 6 inches in diameter with a capacity of 60 flashes per minute with warning lights illuminated at all times during operation, or

(b) An AAMVA approved amber rotating, oscillating, or flashing beacon/light bar mounted on top of the pilot/escort vehicle. This beacon/light bar must be unobstructed and visible for 360 degrees with warning lights illuminated at all times during operation.

 

R912-9-11. Pilot/Escort Vehicle Equipment Requirements.

(1) Pilot/Escort vehicles shall be equipped with the following safety items:

(a) Standard 18 inch or 24 inch red/white "STOP" and black/orange "SLOW" paddle signs. Construction zone flagging requires the 24-inch sign.

(b) Nine reflective triangles.

(c) Eight red-burning flares, glow sticks or equivalent illumination device approved by the Department.

(d) Three orange, 18 inch high cones.

(e) Flashlight with two or more D cell batteries.

(f) Orange hardhat and Class 2 safety vest for personnel involved in pilot/escort operations.

(g) A height-measuring pole made of a non-conductive, non-destructive, flexible or frangible material, when escorting a load exceeding 16 feet in height.

(h) Fire extinguisher.

(i) First aid kit.

(j) One spare "oversize load" sign, 7 feet by 18 inches.

(k) Spare tire, tire jack and lug wrench.

(l) Handheld radio or other form of communication for operations outside pilot/escort vehicles.

(2) Vehicles shall not have unauthorized equipment on the vehicle such as those generally reserved for law enforcement personnel.

 

R912-9-12. Insurance.

(1) Drivers shall carry proof of current insurance as authorized under Section 31-A-22-301.

(2) Pilot/escort vehicles shall have a minimum amount of $750,000 liability.

 

R912-9-13. Operating Conditions Requiring Pilot/Escort Vehicles.

(1) One pilot vehicle is required for vehicles/loads, which exceed the following dimensional conditions;

(a) 12 feet in width on secondary highways (non-interstate) and 14 feet in width on divided highways (interstates).

(b) 105 feet in length on secondary highways and 120 feet in length on divided highways.

(c) Overhangs in excess of 20 feet shall have pilot/escort vehicle positioned to the front for front overhangs and to the rear for rear overhangs.

(2) Two pilot/escort vehicles are required for vehicles/loads which exceed the following dimensional conditions:

(a) 14 feet in width on secondary highways and 16 feet in width on divided highways, except for

(i) Mobile and manufactured homes with eaves 12 inches or less on either roadside or curbside shall be measured for box width only and assigned escort vehicles as specified above in R912-9-1.

(ii) Mobile and manufactured homes with eaves greater than 12 inches shall be measured for overall width including eaves and pilot/escort vehicles assigned as specified above R912-9-2; or

(b) 120 feet in length on secondary highways.

(c) 16 feet in height on all highways.

(d) When otherwise required by the Department.

 

R912-9-14. Convoy Allowances For Permitted Vehicles.

The movement of more than one permitted vehicle in convoy is allowed provided the following requirements are met and authorization is granted by the Division.

(1) The distance between vehicles will not be less than 500 feet nor more than 700 feet.

(2) The number of special permitted vehicles in convoy will not exceed four.

(3) The distance between multiple convoys will be a minimum of one mile.

(4) Except as authorized by the Division, no load in the convoy will exceed 12 feet in width.

(5) Guidelines for convoys of long loads:

 

TABLE

Overall Length       Convoy Limit       Pilot/Escort Vehicle



   95 - 119 ft.          Four              Front and rear

  120 - 140 ft.          Two               Front and rear

  *Over 140 ft.           --                     --

*Must obtain authorization from the Division by calling [phone]

 

R912-9-15. Pre-Trip Planning and Coordination Requirements.

(1) A coordination and planning meeting shall be held prior to load movement. The driver(s) carrying or pulling the oversize load(s), the pilot/escort vehicle driver(s), law enforcement officers (if assigned), Department personnel (if involved), and public utilities company representatives (if involved) shall attend. This meeting shall include discussion and coordination on the conduct of the move, including at least the following topics:

(a) The person designated as being in charge (usually a Department representative or a law enforcement officer).

(b) Authorized routing and permit conditions. Ensure that all documentation is distributed to all appropriate individuals involved in the move.

(c ) Communication and signals coordination.

(d) Verification/measurement of load dimensions. Compare with permitted dimensions

(e) Copies of permit and routing documents shall be provided to all parties involved with the permitted load movement.

 

R912-9-16. Permitted Vehicle Restrictions on Certain Highways.

Certified pilot/escort operators must refer to highway restrictions specified in R912-11 prior to all load movements.

 

KEY: permitted vehicles, trucks, pilot/escort vehicles

2005

72-1-201

72-7-406