DAR File No. 28242

Transportation, Motor Carrier

R909-1

Safety Regulations for Motor Carriers

NOTICE OF PROPOSED RULE

DAR File No.: 28242
Filed: 09/15/2005, 05:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The amendment is being changed at this time because it needed further clarification.

Summary of the rule or change:

This amendment clarifies that 49 CFR 380.203(2) does not apply to certain intrastate trucking operations.

State statutory or constitutional authorization for this rule:

Section 72-1-201

49 CFR 350 through 399 and Part 40 (April 1, 2005)

Anticipated cost or savings to:

the state budget:

There may be some savings to the state since this part of the federal regulations will no longer be enforced as to intrastate carriers. It is impossible to estimate the costs at this time.

local governments:

This rule does not affect local governments, so they will incur no costs or savings.

other persons:

Intrastate carriers may save from not having to comply with the regulation. The amount of the savings is unknown.

Compliance costs for affected persons:

There will be no costs to comply with this amendment, since the amendment is making it easier, not harder, to comply.

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

This amendment has only positive fiscal impacts, if any. John R. Njord, Executive Director

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

Direct questions regarding this rule to:

James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@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:

10/31/2005

This rule may become effective on:

11/01/2005

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R909. Transportation, Motor Carrier.

R909-1. Safety Regulations for Motor Carriers.

R909-1-1. Adoption of Federal Regulations.

[1.](1) Safety Regulations for Motor Carriers, 49 CFR Parts 350 through 399 and Part 40, as contained in the [October 1, 2003]April 1, 2005 Code of Federal Regulations, is incorporated by reference, except for Parts 391.11(b)(1), 391.49, 395.1(k), 395.1(l), 395.1(m) and 395.1(n). These requirements apply to all motor carrier(s) as defined in 49 CFR Part 390.5, excluding commercial motor vehicles which are designed or used to transport more than 8 and less than 15 passengers (including the driver) for compensation and UCA 72-9-102(2) engaged in [C]commerce.

[2.](2) In the instance of a driver who is used primarily in the transportation of construction materials and equipment, as defined under 395.2, to and from an active construction site, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 34 or more successive hours.

(3) Intrastate trucking operations in which the carriers operate double trailer combinations only are not required to comply with 49 CFR Part 380.203(2).

[3.](4) Exceptions to Part 391.41, Physical Qualification may be granted under the rules of Department of Public Safety, Driver's License Division, UCA 53-3-303.5 for intrastate drivers under R708-34.

[4.](5) Drivers involved wholly in intrastate commerce shall be at least 18 years old. However, if they are transporting placarded amounts of hazardous materials or carrying 16 or more passengers, including the driver, they must be 21 years old.

[5.](6) Drivers involved in interstate commerce shall be at least 21 years old.

R909-1-2. Insurance for Private Intrastate/Interstate Motor Carriers.

[1.](1) "Private Motor Carrier" means a person who provides transportation of property or passengers by commercial motor vehicle and is not a for-hire motor carrier.

[2.](2) All in[s]trastate private motor carriers shall have a minimum amount of $750,000 liability.

R909-1-3. Implements of Husbandry.

"Implements of Husbandry" is defined in Utah Code Ann. Section 41-1a-102(23) and must be in compliance with all provisions of Chapter 6, Title 41, Utah Code Annotated. Vehicles meeting this definition are exempt from 49 CFR Part 393 - Parts and Accessories Necessary for Safe Operations.

KEY: trucks, transportation safety, implements of husbandry

[March 1, 2004]2005

Notice of Continuation March 6, 2002

72-9-103

72-9-104

72-9-101

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.