No. 37933 (Repeal and Reenact): Rule R708-10. Classified License System

(Repeal and Reenact)

DAR File No.: 37933
Filed: 08/20/2013 04:22:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this change is to repeal Rule R708-10, Classified License System, and to rename and reenact the portion of this rule which identifies and defines restrictions that are not contained in Utah statute.

Summary of the rule or change:

This change repeals Rule R708-10, Classified License System, because some of the information in this rule is defined in Statute. The reenacted rule is renamed to "Driver License Restrictions" which accurately reflects the substance of the rule which identifies and defines restrictions that are not contained in statute. The substantive provisions that were in the old rule that have been removed include specifications for Utah license classifications, all of the endorsement codes, and the following restriction codes: "E", "L", "M", "N" and "V". The restriction code "7" has been added to the new rule.

State statutory or constitutional authorization for this rule:

• Subsection 53-3-104(1)(a)
• Section 53-3-208

Anticipated cost or savings to:

the state budget:

There is no cost or savings to the state budget because this change removes language from administrative rule that is in statute.

local governments:

There is no cost or savings to local government because local government does not issue driving certificates.

small businesses:

There is no cost or savings to small businesses because small businesses do not issue driving certificates.

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

There is no cost or savings to persons other than small businesses, businesses or local government entities because small businesses, businesses, or local government entities do not issue driving certificates.

Compliance costs for affected persons:

There are no compliance costs for persons obtaining a Utah driving certificate with endorsements or restrictions because this change does not affect the process or cost for a driver license endorsement or restriction.

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

I have reviewed this rule, and found that there is no anticipated fiscal impact on businesses.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division 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:

• Jill Laws at the above address, by phone at 801-964-4469, by FAX at 801-964-4482, 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:

10/15/2013

This rule may become effective on:

10/22/2013

Authorized by:

Nannette Rolfe, Director

RULE TEXT

R708. Public Safety, Driver License.

[R708-10. Classified License System.

R708-10-1. Authority.

This rule is authorized by Section 53-3-104 et seq.

 

R708-10-2. Specifications for Utah License Classifications.

Class A Commercial Driver - (must be at least 18 years of age). Every person operating any combination of vehicles over 26,000 lbs. GVWR (Gross Vehicle Weight Rating) where the towed unit is more than 10,000 lbs. GVWR.

Class B Commercial Driver - (must be at least 18 years of age). Every person operating a straight truck or bus (single vehicle) more than 26,000 lbs. GVWR or any combination of vehicles over 26,000 lbs. GVWR where the towed unit is less than 10,001 lbs. GVWR.

Class C operator - (must be at least 21 years of age). Every person operating a vehicle or combination of vehicles less than 26,001 GVWR which transports amounts of hazardous materials requiring placarding or which transports more than 15 occupants including the driver, or which is used as a school bus.

Class D operator - (must be at least 16 years of age). Every person operating vehicles not defined above except motorcycles.

 

R708-10-3. Endorsements.

H = Hazardous materials

M = Motorcycle.

N = Tank vehicle.

P = Passengers.

S = School bus. (includes P)

T = Double or triple trailers.

X = Hazardous material and tank combination.

Z = Taxis.

 

R708-10-4. Restrictions.

A = No restrictions.

B = Corrective lenses - Restricted to wearing corrective lenses while operating a vehicle.

C = Mechanical aid - Mechanical aid or compensatory device must be installed in the vehicle the driver is operating.

D = Prosthetic aid - Prosthetic aid must be used while operating a vehicle.

E = Automatic transmission - Restricted to driving a vehicle with automatic transmission.

F = Outside rearview mirrors - Restricted to driving a vehicle with outside rearview mirrors.

G = Daylight driving only - Restricted to driving during daylight hours only.

J = Restricted Other - Used as a free text field to identify additional restrictions.

K = CDL Intrastate only - Restricted to intrastate operation of commercial vehicles.

L = Vehicle without airbrake - Restricted to vehicles not equipped with airbrakes.

M = Except Class A bus - Class A license prohibited from driving a Class A bus.

N = Except Class A and Class B bus - Class A license prohibited from driving a Class A or Class B bus.

U = Three wheel motorcycle - Restricted to operating only three-wheel motorcycles.

V = Medical variance - Driver must have a medical variance letter accompanied by a DOT Medical Card.

1 = Interlock device - Required to have an ignition interlock device installed in the vehicle they are operating.

2 = 249cc or less motorcycle - Restricted to operating a motorcycle with 249cc or less.

3 = 649cc or less motorcycle - Restricted to operating a motorcycle with 649cc or less.

4 = Street legal ATV - Restricted to operating a street legal ATV.

5 = 90cc or less motorcycle - Restricted to operating a motorcycle with 90cc or less.

6 = Speed posted 40 mph or less - Restricted to operating a vehicle on a road with a posted speed limit of 40 mph or less.]

R708-10. Driver License Restrictions.

R708-10-1. Authority.

This rule is authorized by Sections 53-3-104(1)(a) and 53-3-208.

 

R708-10-2. Purpose.

The purpose of this rule is to identify and define restriction codes that apply to a Utah driving privilege.

 

R708-10-3. Definitions.

(1) "Restriction Code" means a designation on a person's Utah driving certificate or Utah driving record that indicates a specific driving restriction identified by the Utah Driver License Division required for a person to safely operate a motor vehicle.

 

R708-10-4. Restriction Code.

(1) "A" indicates no restrictions are required for the driver while they are operating a motor vehicle.

(2) "B" indicates the driver is restricted to wearing corrective lenses while operating a motor vehicle.

(3) "C" indicates a mechanical aid or compensatory device must be installed in the motor vehicle the driver is operating.

(4) "D" indicates the driver must use a prosthetic aid while operating a vehicle.

(5) "F" indicates the driver is restricted to driving a motor vehicle with outside rearview mirrors.

(6) "G" indicates the driver is restricted to driving during daylight hours only.

(7) "J" is used as a free text field to identify additional restrictions for the driver.

(8) "K" indicates the driver is restricted to intrastate only while driving commercially.

(9) "U" indicates the driver is restricted to operating only three-wheel motorcycles.

(10) "1" indicates the driver is required to have an ignition interlock device installed in the motor vehicle they are operating.

(11) "2" indicates the driver is restricted to operating a motorcycle with 249cc or less.

(12) "3" indicates the driver is restricted to operating a motorcycle with 649cc or less.

(13) "4" indicates the driver is restricted to operating a street legal ATV.

(14) "5" indicates the driver is restricted to operating a motorcycle with 90cc or less.

(15) "6" indicates the driver is restricted to operating a motor vehicle on a road with a posted speed limit of 40 mph or less.

(16) "7" indicates the driver is restricted to operating a motor vehicle with an automatic transmission.

 

KEY: [classified license]driver license restrictions, licensing

Date of Enactment or Last Substantive Amendment: [August 9, 2012]2013

Notice of Continuation: April 7, 2009

Authorizing, and Implemented or Interpreted Law: 53-3-104(1)(a); [et seq.]53-3-208

 

 

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