No. 35277 (Amendment): Rule R920-6. Snow Tire and Chain Requirements

(Amendment)

DAR File No.: 35277
Filed: 09/21/2011 02:21:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to delegate authority over travel restrictions from the Executive Director to the Region Directors, to expand the season when restrictions are allowed, to clarify when and what equipment is required, and to make other stylistic and grammatical changes. The general purpose of these changes is to improve traffic safety on certain state highways in hazardous weather conditions.

Summary of the rule or change:

This rule change would delegate authority from the Executive Director to the Region Directors over travel restrictions, expand the season when restrictions are allowed, clarify when chains are required and how many are required on commercial and recreational vehicles and buses, allow the Executive Director or his designee to control use of highways where avalanche danger is concerned instead of the Transportation Commission, and make other stylistic and grammatical changes.

State statutory or constitutional authorization for this rule:

• Section 72-1-201
• Section 41-6a-302
• Section 41-6a-1636
• Section 72-3-102

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the rule change only delegates authority from the Executive Director to the Region Directors over travel restrictions, expands the season when restrictions are allowed, clarifies when chains are required and makes other stylistic and grammatical changes.

local governments:

There is no anticipated cost or savings to local government because the rule change only delegates authority from the Executive Director to the Region Directors over travel restrictions, expands the season when restrictions are allowed, clarifies when chains are required and makes other stylistic and grammatical changes.

small businesses:

There is no anticipated cost or savings to small businesses because the rule change only delegates authority from the Executive Director to the Region Directors over travel restrictions, expands the season when restrictions are allowed, clarifies when chains are required and makes other stylistic and grammatical changes.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the rule change only delegates authority from the Executive Director to the Region Directors over travel restrictions, expands the season when restrictions are allowed, clarifies when chains are required and makes other stylistic and grammatical changes.

Compliance costs for affected persons:

There is no anticipated compliance costs for affected persons because the rule change only delegates authority from the Executive Director to the Region Directors over travel restrictions, expands the season when restrictions are allowed, clarifies when chains are required and makes other stylistic and grammatical changes.

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

There is no anticipated fiscal impact on businesses because the rule change only delegates authority from the Executive Director to the Region Directors over travel restrictions, expands the season when restrictions are allowed, clarifies when chains are required and makes other stylistic and grammatical changes.

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
Operations, Traffic and Safety
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Linda Barrow 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:

11/14/2011

This rule may become effective on:

11/21/2011

Authorized by:

John Njord, Executive Director

RULE TEXT

R920. Transportation, Operations, Traffic and Safety.

R920-6. Snow Tire and Chain Requirements.

R920-6-1. Purpose.

The purpose of this rule is to allow [the Executive]a Region Director of the Utah Department of Transportation to designate travel restrictions on certain state highways located in [canyon areas of] the State of Utah, that may not be safely traversed by the public or which would tend to create a hazard or hamper road maintenance activities[ of the Utah Department of Transportation], unless the vehicle[ or motor vehicle] traversing said highway is adequately equipped with certain safety devices.

 

R920-6-2. Authority.

The authority for this rule is in Sections 72-1-201 and 72-3-102; Title 72, Chapter 4, Part 1, Transportation Code, and Section s 41-6a-302 and 41-6a-1636[-21].

 

R920-6-3. Provisions.

[A.](1) Locations shall be [requested]designated by the Department['s] of Transportation's [District]Region Director after coordinating with the local Utah Highway Patrol office. The designations by the [Executive]Region Director shall be established through a Traffic Engineering Order (TEO) from the Division of Traffic and Safety to the [District]Region Director's office wherein the designated highway is located.

[B.](2) The Utah Department of Transportation's Division of Traffic and Safety shall maintain and annually publish a listing of those highways so designated for distribution to:

[1.](a) Utah Department of Transportation [District]Region Offices;

[2.](b) Utah Highway Patrol;

[3.](c) county offices; and

[4.](d) local law enforcement officials.

[C.](3) When any designated highway is so restricted[,] no vehicle [or motor vehicle] shall be allowed or permitted the use of the highway, during the period between [November 1 and March 31]October 1 and April 30, or when conditions warrant due to adverse, or hazardous weather or roadway conditions, as determined by the Utah Department of Transportation, unless:

[1.](a) [S]said vehicle is equipped with either:

[a.](i) [S]steel link chains or have chains in possession; or

[b.](ii) [M]mounted snow tires; (tires with an M/S designation with or without studs);[ or]

[c.](iii) [E]elastomeric tire chains, designed for use with radial tires[.]; or

[2.](iv) [F]four-wheel drive vehicles [must have]with a minimum of two mounted snow tires[to meet the requirements].

[3.](4) Radial tires without snow tread do not meet the requirements.

(5) An operator of a commercial vehicle with four or more drive wheels, other than a bus, shall affix tire chains to at least four of the drive wheel tires.

(6) An operator of a bus or recreational vehicle shall affix tire chains to at least two of the drive wheel tires.

 

R920-6-4. Responsibilities.

[A.](1) [Personnel of the Utah Department of Transportation or the Utah Highway Patrol,]Authorized personnel on location to enforce this r[esolution]ule, may permit vehicles [or motor vehicles] not equipped with the traction aids defined in the preceding paragraph to travel a designated state highway if, in the opinion of said personnel, the vehicle [or motor vehicle] may do so without endangering the public safety or creating a hazard to or interference with, highway maintenance operations.

[B.](2) The Utah Department of Transportation requests the Utah Highway Patrol, or designated local law enforcement agency, to enforce this rule. The Utah Highway Patrol may request to enforce this rule be enforced by contacting the Region Director, or designated Department of Transportation representative where designated highway is located.

[C.](3) The Utah Department of Transportation will notify the county officials of counties in which highways are so restricted, as outlined above.

[D.](4) All authority shall rest with the [Transportation Commission]Executive Director or his designeee to control use of highways where avalanche danger and other threats to the public safety are concerned.

[E.](5) The [District]Region Director or designee shall work with the Utah Highway Patrol in establishing working criteria for the adequate enforcement of the above provisions.

 

KEY: tires, snow[*]

Date of Enactment or Last Substantive Amendment: 1992 Notice of Continuation: [August 13, 2007]2011

Authorizing, and Implemented or Interpreted Law: 72-1-201, 72-3-102, 41-6a-302, 41-6 a- 1636[21]

 

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