No. 41132 (5-year Review): Rule R708-34. Medical Waivers for Intrastate Commercial Driving Privileges

DAR File No.: 41132
Filed: 01/08/2017 11:31:30 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Subsection 63G-3-201(2), which requires an agency to make rules when agency action authorizes, requires, or prohibits an action; provides or prohibits a material benefit; applies to a class of persons or another agency; or is explicitly or implicitly authorized by statute. This rule interprets Section 53-3-303.5, as it outlines the process for commercial drivers to apply for an intrastate exception when they do not qualify for Federal DOT fitness standards. This process allows the driver to meet certain Utah qualifications and drive a commercial motor vehicle within the state of Utah.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written public comment was received either supporting or opposing this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

When an applicant does not meet the minimum medical fitness qualifications as stated in 49 CFR 391.41, the applicant may still qualify for an intrastate waiver that would allow the applicant to operate a commercial motor vehicle within the boundaries of the state. This rule outlines the process that a driver must go through in order to qualify and apply for an intrastate medical waiver. As part, this rule creates a set of qualifications, responsibilities, and guidelines for both the driver and the Division to follow in order to qualify and issue a Utah Intrastate Waiver. In accordance with Subsection 63G-4-202(1), this rule designates all adjudicative proceedings with regards to a medical waiver as informal. Therefore, this rule should be continued.

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

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

Effective:

01/08/2017

Authorized by:

Chris Caras, Director

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