No. 42689 (Amendment): Rule R920-6. Snow Tire and Chain Requirements

(Amendment)

DAR File No.: 42689
Filed: 03/14/2018 05:21:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is a complete replacement of the existing administrative rule. This change is needed to update the rule to reflect the availability, and require the use of, traction device technology and drive train technology that was not invented or available to the public when this rule was last amended. The purpose of this amendment is to establish the conditions under which the Utah Department of Transportation (UDOT) and law enforcement agencies will require traction devices to traverse highway segments impacted by winter weather. The use of traction devices when conditions warrant increases the likelihood that drivers safely traverse the road and reduces the likelihood that drivers create a hazard or hamper road maintenance.

Summary of the rule or change:

This amendment changes the definition from Commercial/Bus/Recreational vehicle to vehicles over 12,000 GVW. This definition matches left lane restrictions for heavy vehicles and is more descriptive. This change is likely to have little net effect since the visual cues used by law enforcement to identify these vehicles will not change. Changes to allowed traction devices as follows: All Vehicles - the rule expands traction options, allowing drivers to pick the one that meets the owners needs. Since chains are relatively inexpensive, this will not likely change out-of-pocket costs significantly, but some drivers will be able to substitute traction devices. Removes the M/S designation from being acceptable for two-wheel drive vehicles. 3PMSF tires still allowed. This amendment will require two-wheel-drive vehicles that in the past had M/S tires to either buy chains or 3PMSF tires. This is the biggest increase in cost. Changes affecting AWD/4WD: clarifies requirements - no significant change from prior rule. Changes when chains are required - existing rule requires chains in the vehicle between October 1 and April 30. This amendment requires operators to have traction devises in the vehicle when UDOT or the Utah Highway Patrol (UHP) has determined that conditions warrant them, and the traction devices must be mounted, not just in the vehicle. This means that travelers who choose to avoid inclement weather are not required to buy traction devices. This should be a minor reduction in statewide costs. This change accommodates chain restrictions for heavy vehicles only. Certain segments of road that previously required chains will not require traction devices on all passenger cars/light trucks. This amendment makes several changes with minor effects - mostly to reduce cost, and one significant cost increase, which is for non-AWD/4WD vehicles traveling during storms. This amendment requires these vehicles to have traction devices installed or proper snow tires.

Statutory or constitutional authorization for this rule:

• Section 72-1-201
• Section 72-3-102
• Section 72-6-114
• Sections 72-4-101 through 72-4-137
• Section 41-6a-1636
• Section 41-6a-302

Anticipated cost or savings to:

the state budget:

UDOT believes this rule change should lead to reduced costs to the state budget because it will be less burdensome for the Department of Public Safety, local law enforcement, and UDOT to enforce. The amount of these cost savings is not quantifiable now because it is speculation.

local governments:

UDOT believes this rule change should lead to reduced costs for local governments because it will be less burdensome for the local governments' law enforcement agencies to enforce. The amount of these cost savings to local governments is not quantifiable now because it is speculation.

small businesses:

UDOT believes this rule change should lead to reduced costs for small businesses because they are less likely to need traction devices on their passenger vehicles, and the traction devices that are required for commercial trucks allowed by this rule are less costly than the devices required under the present rule. The amount of these cost savings to small businesses is not quantifiable now because it is speculation.

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

UDOT believes this rule change should lead to reduced costs for persons other than small businesses, businesses, or local government entities because they are less likely to need traction devices on their passenger vehicles, and the traction devices that are required for larger and commercial-type trucks allowed by this rule are less costly than the devices required under the present rule. The amount of these cost savings is not now quantifiable because it is speculation.

Compliance costs for affected persons:

Persons affected by this rule change will be individuals and businesses that need to travel on roads where vehicle travel is restricted due to adverse weather conditions, predominantly in canyons and high mountain passes. Compliance costs for outfitting a passenger vehicle with traction devices when they are required will be in the range of approximately $30 to $60 per vehicle. Compliance costs for outfitting a commercial truck with traction devices when they are required will be in the range of approximately $150 to $300 per vehicle. These may be one-time costs, or these costs may be experienced multiple times as the traction devices wear out or are damaged. Moreover, many businesses and individuals may not experience these costs at all. Vehicles with all-wheel or four-wheel drive with all-weather tires may not need to purchase traction devices. Summary of approximate aggregate costs for businesses: The Department of Workforce Services (DWS) lists approximately 97,600 businesses operating in Utah and registered with DWS. Of this number, approximately 94,047 are small businesses, which are considered by the applicable statute to be those businesses with less than 50 employees. This leaves 3,553 businesses that are are not small businesses, or those businesses with 50 or more employees. If this rule change were to require every business registered with DWS to buy traction devices for one passenger vehicle and one commercial truck the total cost would be approximately $2,928,000 to $5,856,000 for passenger vehicles and $14,640,000 to $29,280,000 for commercial trucks, or $17,550,000 to $35,136,000 total. If this rule change were to require every small business registered with DWS to buy traction devices for one passenger vehicle and one commercial truck the total cost would be approximately $2,821,410 to $5,642,820 for passenger vehicles and $14,107,050 to $28,214,100 for commercial trucks, or $16,928,460 to $33,856,920 total. If this rule change were to require every non-small business registered with DWS to buy traction devices for one passenger vehicle and one commercial truck the total cost would be approximately $106,590 to $213,180 for passenger vehicles and $532,950 to $1,065,900 for commercial trucks, or $639,540 to $1,279,080 total. However, all of these figures are estimates and are speculation. UDOT provides the figures only to provide an idea of what actual costs may be.

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

Most businesses should realize reduced costs because of this rule change. However, this rule change may lead to increased costs for some 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
Operations, Traffic and Safety
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]

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:

05/01/2018

This rule may become effective on:

05/08/2018

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

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 above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

Quantifying the costs and savings this amendment to rule R920-6 will generate is impossible with any degree of certainty. Enforcement of this rule is triggered by the weather. Moreover, enforcement will only be needed on limited portions of certain roads in areas of the state affected by snowy weather conditions at times dictated by the weather.

 

While the Department believes this amendment will affect small and non-small businesses, state and local governments, and persons who are not businesses or governments, it will not affect all businesses, governments, or others equally. It will not affect many local governments and most businesses and individuals at all.

 

Businesses and individuals affected by administrative rule R920-6 are those that must operate vehicles in affected areas during severe weather events and, therefore, must purchase traction assisting devices or M+S (all-season) or 3 peak mountain snowflake (3PMSF) snow tires for all wheels, or the drive wheels on their vehicles. Local governments affected by this rule are those that must assign law enforcement officers to patrol the areas of the roads affected by this rule during severe weather events to enforce this rule. This proposed amendment does not include any additional burdens on businesses, local governments or individuals. The purpose of the proposed amendment is to bring the rule's requirements into line with presently existing technologies and lessen the burden on affected persons and governments.

 

The Department's research found the cost for traction devices for passenger vehicles such as cars and light trucks to range from approximately $30 to $200. Traction devices for commercial trucks range in price from approximately $200 to $2000.

 

However, these figures are based on data found through Internet searches. The Department provides the figures only to give readers an idea of what actual costs may be. Businesses and individuals may find conforming devices for lower prices, or they may find that they do not need to carry traction devices because the vehicles they are using in the affected areas already conform to the requirements of the proposed amendment.

 

The Department does not refer to NAICS codes in this analysis. Since this rule may affect every vehicle operator driving through any mountain pass in Utah while it is snowing, including I-80 in Parleys Canyon, I-40 going through Soldier Summit and past Strawberry Reservoir, and every access road to a Utah ski resort it is impossible to determine which industries, small and non-small businesses and which other persons the amendment will affect.

 

The Department made rule R920-6 long ago. Many of the businesses and other persons that will be affected by this proposed amendment have been following the requirements of the rule for some time. Traction device technology, vehicle drive-train technology, and tire technology have changed in recent years. Certain all-weather tires now on the market, when installed on four-wheel-drive or all-wheel-drive vehicles, eliminate the need for any additional traction devices under this amendment. This is a change from the existing rule and should lead to cost savings for affected persons.

 

The Department believes enforcement of this proposed amendment will lead to significant cost savings to operators of all vehicles traveling on roads in areas affected by severe weather conditions and the local governments. Vehicles not equipped with proper all-weather tires, traction improvement technology, traction assisting devises, or a combination thereof that become stuck in snow, or that slide off the roadway, impede the flow of traffic. Operators of vehicles behind vehicles stuck in the snow, or those that must be rescued after sliding off the road have their travel obstructed or stopped. These operators lose time, which leads to added costs for all businesses regardless of size. Non-business operators arrive at their destinations later than planned. Local governments must dispatch law enforcement and other public assets to rescue operators in need of rescue and attempt to maintain traffic flow.

 

This proposed amendment makes a useful administrative rule more cost effective and updates it to allow business, governments, and the public benefit from existing technologies.The benefits of having this rule outweigh the possible costs.

 

The executive director of the Department of Transportation, Carlos E. Braceras, has reviewed and approved this fiscal analysis.

 

 

R920. Transportation, Operations, Traffic and Safety.

R920-6. [Snow Tire and Chain]Traction Device/Tire Chain Requirements.

R920-6-1. Purpose.

[The purpose of this rule is to allow a Region Director of the Utah Department of Transportation to designate travel restrictions on certain state highways located in 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, unless the vehicle traversing said highway is adequately equipped with certain safety devices.]The purpose of this rule is to establish the conditions under which the Utah Department of Transportation and law enforcement agencies will require traction devices to traverse highway segments impacted by winter weather. The use of traction devices when conditions warrant increases the likelihood that drivers safely traverse the road and reduces the likelihood that drivers create a hazard or hamper road maintenance.

 

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 Sections 41-6a-302 and 41-6a-1636.]The Department promulgates this rule pursuant to Utah Transportation Code sections 72-1-201, 72-3-102, 72-6-114, and 72-4-101 through 72-4-137; and Utah Motor Vehicle Act sections 41-6a-302 and 41-6a-1636.

 

R920-6-3. Definitions.

As used in this rule:

(1) "UDOT" means the Utah Department of Transportation

(2) "UHP" means Utah Highway Patrol

(3) "Traction Devices" are devices that improve traction of tires on icy or snowy road by placing high friction objects between the tires and the road. Examples include tire chains, sand distribution devices, tire studs and other devices similar in function.

(4) "Traction Device Equipped" describes a vehicle equipped as follows:

(a) Any size vehicle with traction devices on all drive tires. An exception is allowed in the case of dual tires, where traction devices are required for at least one of the two tires in the dual mounting.

(b) As an alternative to R920-6-3(4)(a), a vehicle less than 12000 GVW equipped with Three Peak Mountain Snowflake (3PMSF) snow tires on all wheels will be considered traction device equipped.

(5) "Four wheel drive" for the purposes of this rule consists of four-wheel and all-wheel drive autos and light trucks with mounted M+S (all-season) or 3 peak mountain snowflake (3PMSF) snow tires on all wheels.

(6) "Class I Traction Segment" is a defined part of a highway where UDOT, UHP or designated local law enforcement may require vehicles over 12,000 GVW to provide traction devices.

(7) "Class II Traction Segment" is a defined part of a highway where UDOT, UHP or designated local law enforcement may require traction devices or four-wheel-drive for all vehicles. Class II traction segments may also be operated as a Class I when conditions warrant.

 

R920-6-[3]4. Provisions.

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

(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:

(a) Utah Department of Transportation Region Offices;

(b) Utah Highway Patrol;

(c) county offices; and

(d) local law enforcement officials.

(3) When any designated highway is so restricted no vehicle shall be allowed or permitted the use of the highway, during the period between 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:

(a) said vehicle is equipped with either:

(i) steel link chains or have chains in possession;

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

(iii) elastomeric tire chains, designed for use with radial tires; or

(iv) four-wheel drive vehicles with a minimum of two mounted snow tires.

(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.](1) At the request of one of UDOT's Region Directors or their designee, UDOT's Traffic and Safety Division will issue a Traffic Engineering Order (TEO) that establishes each designated traffic segment and identifies its class.

(2) UDOT's Division of Traffic and Safety will maintain and publish a list of designated traction segments and their class on UDOT's website. UDOT will communicate any changes to the list to:

(a) UDOT Region offices,

(b) UHP,

(c) county offices, and

(d) local law enforcement agencies.

(3) When road surface conditions warrant, as determined by UDOT, UHP or designated local law enforcement agency, no vehicle will be allowed or permitted the use of the highway unless:

(a) For Class I Traction Segments, vehicles over 12,000 GVW shall be traction device equipped, and

(b) for Class II Traction Segments, all vehicles shall be traction device equipped or four-wheel drive as defined in this rule.

(4) Travelers are notified when traction devices are required via road signs and UDOT's traveler information systems.

 

R920-6-[4]5. Responsibilities.

[(1) Authorized personnel on location to enforce this rule, may permit 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 may do so without endangering the public safety or creating a hazard to or interference with, highway maintenance operations.

(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 by contacting the Region Director, or designated Department of Transportation representative where designated highway is located.

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

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

(5) The Region Director or designee shall work with the Utah Highway Patrol in establishing working criteria for the adequate enforcement of the above provisions.](1) The decision to require traction devices is made by UDOT, UHP or a designated local law enforcement agency. The agency deciding to require traction devices notifies the other agencies involved.

(2) UHP and/or a designated local law enforcement agency enforces the traction device requirements.

(3) UDOT communicates traction device requirements to the public.

(4) Personnel authorized to enforce this rule may permit vehicles that do not meet traction device requirements to travel a traction segment of the highway if authorized person believes they may do so without endangering public safety, creating a hazard, or interfering with highway maintenance operations.

(5) UDOT notifies relevant public agencies when traction segment designations change.

(6) All authority shall rest with the Executive Director of UDOT or his designee to control use of highways where avalanche danger and other threats to the public safety are concerned.

(7) The UDOT Region Director or their designee work with UHP and/or local law enforcement agencies in establishing working criteria for enforcement of this rule.

 

KEY: tires, snow, designated highways, traction devices

Date of Enactment or Last Substantive Amendment: [November 21, 2011]2018

Notice of Continuation: July 7, 2017

Authorizing, and Implemented or Interpreted Law: 41-6a-1636; 72-1-201; 72-3-102; 72-6-114; 41-6a-302

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