No. 43104 (Amendment): Rule R714-160. Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections

(Amendment)

DAR File No.: 43104
Filed: 07/20/2018 02:35:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

A state safety inspection may be accepted as an annual periodic inspection for a commercial motor vehicle as required by the Federal Motor Carrier Safety Administration (FMCSA), if it is equivalent to their minimum periodic inspection standards. The "acute area" of a windshield currently defined in Rule R714-160 does not meet those minimum standards for a commercial motor vehicle. In addition, changes were made to Sections R714-160-21 and R714-160-23 in response to the passage of H.B. 265 during the 2017 General Session to correct statutory references.

Summary of the rule or change:

If a vehicle being inspected is a commercial motor vehicle, the "acute area" of a windshield means the area of a commercial vehicle windshield extending upward from the height of the top of the steering wheel, excluding a 2-inch border at the top of the windshield, and a 1-inch border at each side of the windshield or windshield panel. If the vehicle is a passenger vehicle, the "acute area" of a windshield means the area of a passenger vehicle windshield inside a 6-inch border measured from the edge of the glass where it meets the molding around the entire outside of the windshield. This definition of "acute area" of a windshield for a passenger vehicle has not changed. In addition, the reference to Subsection 53-8-205(1)(b)(iii) was removed from Section R714-160-21 as it was removed from statute upon passage of H.B. 265 during the 2017 General Session; and the reference in Section R714-160-23 was changed from Subsection 53-8-205(3) to Subsection 53-8-205(1)(a) because the reference was not correct.

Statutory or constitutional authorization for this rule:

Section 53-8-204
Section 53-8-205
Section 41-6a-1601

Anticipated cost or savings to:

the state budget:

This proposed amendment is not expected to have any fiscal impact on state government revenues or expenditures because the change does not affect the operating costs of the Utah Highway Patrol Safety Inspection Office.

local governments:

This proposed amendment is not expected to have any fiscal impact on local governments revenues or expenditures, because vehicles owned or operated by local governments are not considered to be operating in commerce.

small businesses:

Small businesses will be affected by this amendment because some will be required to have their vehicles' windshields repaired or replaced, and other small businesses will provide that service. Auto glass replacement shops and entities that operate commercial vehicles are groups that will be affected. According to the Department of Workforce Services (DWS) Firm Find Data (NAICS code 811122) there are 106 auto glass replacement shops in Utah identified as small businesses. These businesses would experience a direct benefit from this amendment as a result of damaged windshield repair or replacement sales. This benefit would be ongoing, but it would be difficult to estimate the number of windshields damaged on commercial vehicles each year that would need to be repaired or replaced by these businesses. According to the FMCSA office in Utah, there are approximately 17,462 entities that operate vehicles with a United States Department of Transportation (USDOT) number which indicates the vehicles may be used in commerce. These entities would experience a direct cost as a result of this amendment. This cost would be ongoing, but it would be difficult to estimate the number of damaged windshields an entity may be required to repair or replace during a year.

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

According to the FMCSA office in Utah, there are approximately 17,462 entities that operate vehicles with a USDOT number which indicates the vehicles may be used in commerce. Some of these entities would be considered businesses and some would be considered non-profit organizations (i.e. Utah Coalition for Animals). These entities would experience a direct cost as a result of this amendment. This cost would be ongoing, but it would be difficult to estimate the number of damaged windshields an entity may be required to repair or replace during a year.

Compliance costs for affected persons:

There are no compliance costs associated with the change in this rule.

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

Both small and non-small businesses with employees that operate commercial vehicles will be affected by this amendment because some will be required to have their vehicles? windshields repaired or replaced in order to be in compliance. Other businesses that provide repair service and auto glass replacement shops will experience a positive fiscal impact. Both the costs associated with obtaining repairs and the cost benefit to those providing repair or glass replacement services would be ongoing, but it would be difficult to estimate the number of windshields damaged on commercial vehicles each year that would need to be repaired or replaced by these businesses. According to the FMCSA office in Utah, there are approximately 135 entities with 50 or more drivers that operate vehicles with a USDOT number which indicates the vehicles may be used in commerce. According to DWS Firm Find Data (NAICS code 811122) there are two auto glass replacement shops in Utah identified as non-small businesses. The head of the Department of Public Safety, Keith D. Squires, has reviewed and approved this fiscal analysis.

Keith D. Squires, Commissioner

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

Public Safety
Highway Patrol
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov
Greg Willmore at the above address, by phone at 801-965-4889, by FAX at , or by Internet E-mail at gwillmor@utah.gov

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:

09/14/2018

This rule may become effective on:

09/21/2018

Authorized by:

Steven Winward, Captain

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Person

Total Fiscal Costs:

Fiscal Benefits

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

Net Fiscal Benefits:

*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

Non-small businesses will be affected by this amendment because some will be required to have their vehicles' windshields repaired or replaced, and other non-small businesses will provide that service. Auto glass replacement shops and entities that operate commercial vehicles are groups that will be affected. According to DWS Firm Find Data (NAICS code 811122) there are two auto glass replacement shops in Utah identified as non-small businesses. These businesses would experience a direct benefit from this amendment as a result of damaged windshield repair or replacement sales. This benefit would be ongoing, but it would be difficult to estimate the number of windshields damaged on commercial vehicles each year that would need to be repaired or replaced by these businesses. According to the FMCSA office in Utah, there are approximately 135 entities with 50 or more drivers that operate vehicles with a USDOT number which indicates the vehicles may be used in commerce. These entities would experience a direct cost as a result of this amendment. This cost would be ongoing, but it would be difficult to estimate the number of damaged windshields an entity may be required to repair or replace during a year.

The head of department of Public Safety, Keith D. Squires, has reviewed and approved this fiscal analysis.

R714. Public Safety, Highway Patrol.

R714-160. Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections.

R714-160-3. Definitions.

(1) Terms used in this rule are found in Sections 41-1a-102, 41a-6a-102, and 49 C.F.R. 571, et seq.

(2) In addition:

(a) "acute area" means:

(i) the area of a passenger vehicle windshield inside a 6 inch border measured from the edge of the glass where it meets the molding around the entire outside of the windshield; or

(ii) the area of a windshield of a commercial motor vehicle as defined in the Federal Motor Carrier Safety Regulations, extending upward from the height of the top of the steering wheel, excluding a 2 inch border at the top of the windshield, and a 1 inch border at each side of the windshield or windshield panel;

(b) "CNG" means compressed natural gas;

(d) "division" means the Vehicle Safety Inspection section of the Utah Highway Patrol;

(e) "GVWR" means gross vehicle weight rating;

(f) "inspector" means a person with a valid certificate who is employed by a licensed station;

(g) "lifted vehicle" means a vehicle that has been raised from the original manufacturer's frame height;

(h) "lowered vehicle" means a vehicle that has been lowered from the original manufacturer's height;

(i) "online inspection certificate" means an inspection certificate created electronically through the Vehicle Safety Inspection System;

(j) "online inspection program" means the web-based inspection program used to record safety inspections;

(k) "OEM" means original equipment manufacturer;

(l) "paper inspection certificate" means an inspection certificate created by paper form;

(m) "passenger vehicle" means a vehicle with a gross vehicle weight rating less than 26,001 pounds that transports passengers, including the driver, or property, or any combination thereof;

(n) "salvage vehicle" means any vehicle as defined in Subsection 41-1a-1001(8);

(o) "station" means a business or government facility located in Utah that is managed or operated by a valid permit holder and conducts safety inspections; and

(p) "vintage vehicle" means a motor vehicle or trailer as defined in Section 41-21-1.

R714-160-21. Vintage Vehicles, Custom Vehicles, and Replica Vehicles.

[~~(1) A vintage vehicle does not require a safety inspection pursuant to Subsection 53-8-205(1)(b)(iii).~~]

([2]1) The following are minimum safety equipment requirements for a custom vehicle:

(a) hydraulic service brakes on all wheels with current vehicle brake and stopping standards;

(b) parking brake operating on at least two wheels on the same axle;

(d) sealed beam or halogen headlamps;

(e) brake Lamps;

(f) turn signal lamps and switch;

(g) AS-1 safety glass or Lexan; and

(h) electric or vacuum windshield wiper in front of the drivers view.

([3]2) The inspector shall issue a rejection inspection certificate when any of the above requirements are not met.

([4]3) Exhaust systems may discharge along the side of the vehicle provided they discharge at a point behind the rear edge of the door and exhaust is directed away from the vehicle.

([5]4) The vehicle identification for a custom vehicle shall be a number stamped on the frame of the vehicle.

(a) If no such numbers exist, then the requirements as established pursuant to Rule R873-22M-15 must be followed in order to pass inspection.

([6]5) All safety equipment of a replica vehicle shall comply with the requirements in Subsection 41-6a-1507(3).

R714-160-23. Reconstructed/Salvaged Motor Vehicles.

(1) Safety inspection for a salvaged vehicle is required as stated in Subsection 53-8-205[~~(3)~~](1)(a).

(2) The inspector shall check all components and follow the requirements in this Rule.

(a) The inspector shall issue a rejection inspection certificate when any components and repairs are not made or installed in accordance with applicable provisions for the particular chassis from the original manufacturer.

KEY: motor vehicle safety, safety inspection manual

Date of Enactment or Last Substantive Amendment: [~~September 27, 2016~~]2018

Notice of Continuation: June 2, 2016

Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601