No. 32826 (New Rule): R909-2. Utah Trucking Guide

DAR File No.: 32826
Filed: 07/15/2009, 03:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to adopt, by reference, Chapters 14 through 27, and 29 through 36 of the Utah Trucking Guide. The adoption of these chapters allows the Motor Carrier Division of the Department of Transportation to carry out their charge of regulating commercial motor vehicles engaged in the movement of over dimensional and over weight vehicles.

Summary of the rule or change:

The rule incorporates by reference Chapters 14 through 27, and 29 through 36 of the Utah Trucking Guide. Rule R909-2 replaces Rule R912-11. Rule R912-11 spelled out the relevant parts of the Utah Trucking Guide. The new rule, Rule R909-2, will incorporate by reference the relevant portions of the Utah Trucking Guide. The Trucking Guide updates the Rule in that the Trucking Guide now uses Road Posts (RP) and land marks as markers for restrictions. The new rule also allows trucks up to 14 feet 6 inches on SR 46 between the Colorado State Line and RP18. A restriction is added for SR 162. New language is included for SR 189 between RP7 and RP21 and SR191 from Vernal, UT, and the Wyoming state line. On SR 261 between RP7 and RP10 all oversize and overweight vehicles and/or loads are prohibited. The new rule will remove restrictions on several other areas around the State. The "Utah Trucking Guide" is available on http://www.utahmc.com/www/TruckingGuide-Web.pdf. (DAR NOTE: The proposed repeal of Rule R912-11 is under DAR No. 32828 in this issue, August 1, 2009, Bulletin.)

State statutory or constitutional authorization for this rule:

Sections 72-1-102, 72-1-201, and 72-7-408

This rule or change incorporates by reference the following material:

The Utah Trucking Guide, Chapters 14 through 27 and 29 through 36, July 1, 2009 edition

Anticipated cost or savings to:

the state budget:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change which will impact the state budget.

local governments:

No cost or savings are anticipated for local governments with this rule change. No new requirements were created with this rule change that impact local governments.

small businesses and persons other than businesses:

No cost or savings are anticipated for small businesses with this rule change. No new requirements were created with this rule change that impact small businesses.

Compliance costs for affected persons:

No cost or savings are anticipated for compliance of affected persons.

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

This rule should have no fiscal impact on businesses. John 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
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

Direct questions regarding this rule to:

Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, 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:

08/31/2009

This rule may become effective on:

09/07/2009

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R909. Transportation, Motor Carrier.

R909-2. Utah Trucking Guide.

R909-2-1. Authority.

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

 

R909-2-2. Applicability.

All commercial motor vehicle operators and motor carriers engaged in the movement of over dimensional and over weight vehicles and loads must comply with permit conditions as specified in the Utah Trucking Guide.

 

R909-2-3. Adoption of the Utah Trucking Guide.

Permit conditions as specified in July 1, 2009 edition of the Utah Trucking Guide, Chapters 14 thru 27, and 29 thru 36 are hereby incorporated by reference. These changes apply to all private, common, and contract carriers.

 

R909-2-4. Annual Review of Permit Regulations and Conditions.

(1) During the regularly scheduled Motor Carrier Advisory Board meeting in May of each year, the board will review permit conditions and regulations as needed. The board is not required to review each of these items every year.

(2) This meeting will provide a forum for interested parties to provide evidence in support of regulation or permit condition modification.

(3) All interested parties must notify the Department of Transportation Motor Carriers Division of these issues by April 1st of each year to ensure placement on the agenda.

(4) Any approved changes to permit conditions or regulations will be noted in the July 1st adoption of the Utah Trucking Guide.

 

KEY: trucks, safety regulations, permits

Date of Enactment or Last Substantive Amendment: 2009

Authorizing, and Implemented or Interpreted Law: 72-1-102; 72-1-201; 72-7-406; 72-7-408; 72-9-303; 72-9-701; 72-9-702