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Utah Administrative Code (Current through November 1, 2019) |
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R909. Transportation, Motor Carrier |
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R909-4. Motor Carrier, Enforcement, Penalties |
| R909-4-1. Purpose |
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The Department is responsible for ensuring compliance with all regulations pertaining to motor carrier safety, and size and weight. As part of that responsibility, the Department is granted authority to impose civil penalties on motor carriers that fail to comply with relevant regulations. The purpose of imposing civil penalties is to improve roadway safety and protect the public infrastructure by encouraging compliance with motor carrier regulations. |
| R909-4-2. Authority |
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This Rule is enacted under the authority of 72-9-301 for enforcement; 72-9-103 rulemaking authority to enforce Title 72 Chapter 9; and Title 72 Chapter 9 Part 7 to impose penalties; 72-9-303 authority to issue cease and desist orders. |
| R909-4-3. Definitions |
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(1) "Department" means the Utah Department of Transportation. (2) "Notice of Agency Action" means the notice meeting the requirements of Title 63G Chapter 4, Utah Administrative Procedures Act that the Department issues to commence an adjudicative proceeding. |
| R909-4-4. Notice of Agency Action -- Civil Penalties |
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(1) The Department may commence an adjudicative proceeding pursuant to rule R907-2 to review allegations of federal or state motor carrier regulation violations by serving a Notice of Agency Action upon the person or persons accused of the violations. (2) If the Department proposes to impose a penalty under the Notice of Agency Action, the amount of the penalty will be determined employing the Uniform Fine Assessment software issued by Federal Motor Carrier Safety Administration for calculating the amounts of civil penalties for violations of motor carrier regulations. The Uniform Fine Assessment web site may be accessed at https://www.fmcsa.dot.gov/regulations/enforcement/uniform-fine-assessment (3) In addition to other penalties, the Department may impose a civil penalty of not less than $500 and not more than $2,000 for each offense as authorized in 72-9-703. (4) The Department may compromise the amount of the penalty. Factors the Department may use when considering whether to compromise the amount of the penalty may include: (a) History of prior violations and prior conduct; (b) degree of culpability; (c) responsiveness to the Notice of Agency Action, including good faith efforts to take corrective action; (d) gravity of the violation; (e) ability to continue in business and ability to pay; (f) whether the amount of the penalty will encourage future compliance, or; (g) other matters which justice and public safety may require. (5) When assessing the final penalty imposed on the motor carrier, the Department will indicate on the final agency order which factors the adjudicating officer considered to determine or compromise the final penalty that is imposed. (6) Administrative Hearings initiated under this provision shall be designated as informal hearings under the Utah Administrative Procedures Act and conducted as set forth in Utah Code Section 63G-4-203. |
| R909-4-5. Appeals of Department Action |
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(1) A person may appeal penalties imposed by the Department under this rule and pursuant to the Notice of Agency Action. (2) Appeals shall be considered by a steering committee created by the Department. The steering committee shall have the powers granted to the Deputy Director, or his designee, in R907-1-3 for appeals from motor carrier penalties imposed by the Department. (3) The committee's decision, if adopted by the Director of the Motor Carrier Division, will be considered a final agency order under the Administrative Procedures Act. |
| R909-4-6. Motor Carriers Delinquent in Paying Civil Penalties -- Prohibition on Transportation |
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Pursuant to Section 72-9-303, a motor carrier that has failed to pay civil penalties imposed by the Department, or has failed to abide by a payment plan, may be prohibited from operating commercial motor vehicles in intrastate or interstate commerce. |
| R909-4-7. Cease and Desist Order -- Registration Sanctions |
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As authorized by Section 72-9-303, the Department may issue cease and desist orders to any motor carrier that fails or neglects to comply with State and Federal Motor Carrier Regulations. |