DAR File No. 28616

Transportation, Motor Carrier, Ports of Entry

R912-9

Pilot/Escort Requirements and Certification Program

NOTICE OF PROPOSED RULE

DAR File No.: 28616
Filed: 04/14/2006, 11:41
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being amended at this time because it needs further clarification.

Summary of the rule or change:

The amendment lists necessary clarifications regarding pilot/escort lighting requirements, vehicle equipment requirements, and pre-trip planning and coordination requirements for police escorts.

State statutory or constitutional authorization for this rule:

Sections 72-1-201 and 72-7-406

Anticipated cost or savings to:

the state budget:

There may be some impact on the budget if Utah Highway Patrol (UHP) vehicles do not have all necessary equipment. However, it is impossible to know what the cost would be because we do not know what vehicles already have the equipment.

local governments:

There may be some impact on the budget if police vehicles do not have all necessary equipment. However, it is impossible to know what the cost would be because we do not know what vehicles already have the equipment.

other persons:

Vehicles may need to add a cone, which is estimated to cost about $5.

Compliance costs for affected persons:

Additional costs are minimal associated with the amendments to this rule. Amendment lists clarification to already enacted equipment requirements, with the exception of an additional cone requirement listed under Subsection R912-9-12(g). Estimated cost for one cone is less than $5.

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

The Department has the obligation to protect the public safety on the highways. Regulating pilot/escort and oversize vehicles is a necessary part of that. The costs of compliance are insignificant compared to the public benefit. 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:

05/31/2006

This rule may become effective on:

06/01/2006

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R912. Transportation, Motor Carrier, Ports of Entry.

R912-9. Pilot/Escort Requirements and Certification Program.

R912-9-5. Driver Certification Process.

(1) Drivers domiciled in Utah must complete a pilot/escort certification course authorized by the Department. A list of authorized instructors may be obtained by contacting (801) 965-4508.

(2) Pilot/ Escort drivers domiciled outside of Utah may operate as a certified pilot/escort driver with another State's certification credential, provided the course meets the minimum requirements outlined in the Pilot/ Escort Training Manual - Best Practices Guidelines as endorsed by the Specialized Carriers and Rigging Association, Federal Highway Administration, and the Commercial Vehicle Safety Alliance; and/or

(3) The Department may enter into a reciprocal agreement with other states provided they can demonstrate that course materials are comprehensive and meet minimum requirements outlined by the Department. For a current listing of these states, contact the Central Permit Office at 801-965-4302.

(4) Pilot/escort driver certification expires four years from the date issued. It will be the responsibility of the driver to maintain certification.

R912-9-8. Pilot/Escort Vehicle Standards.

(1) Pilot/Escort vehicles may be either a passenger vehicle or a two-axle truck with a 95 inch minimum wheelbase and a maximum gross vehicle weight of 12,000 lbs and properly registered and licensed as required under Sections 41-1a-201 and 41-1a-401.

(2) Equipment [and load ]shall not reduce visibility or mobility of pilot/escort vehicle while in operation.

(3) Trailers may not be towed at any time while in pilot/escort operations.

(4) Pilot/escort vehicles shall be equipped with a two-way radio capable of transmitting and receiving voice messages over a minimum distance of one-half mile. Radio communications must be compatible with accompanying pilot/escort vehicles, utility company vehicles, permitted vehicle operator and police escort, when necessary.

(5) Pilot/Escort vehicles may not carry a load.

R912-9-9. Pilot/Escort Vehicle Signing Requirements.

(1) Sign requirements on pilot/escort vehicles are as follows:

(a) Pilot escort vehicles must display an "Oversize Load" sign, which [shall]must be mounted on the top of the pilot/escort vehicle.

(b) Signs must be a minimum of 5 feet wide by 10 inch[es] high visible surface space[ in size], with a solid yellow background and 8 inch high by 1-inch wide black letters. Solid defined as: when being viewed from the front or rear at a 9-degree angle, no light can transmit through.

(c) The sign for the front/pilot escort vehicle shall be displayed so as to be clearly legible and readable by oncoming traffic at all times.

(d) The rear pilot/escort vehicle shall display its sign so as to be readable by traffic overtaking from the rear and clearly legible at all times.

R912-9-10. Pilot/Escort Vehicle Lighting Requirements.

(1) Two methods of lighting are authorized by the Department. Requirements are as follows:

(a) Two AAMVA approved amber flashing lights mounted with one on each side of the required sign. These shall be a minimum of 6 inches in diameter with a capacity of 60 flashes per minute with warning lights illuminated at all times during operation, or

(b) An AAMVA approved amber rotating, oscillating, or flashing beacon/light bar mounted on top of the pilot/escort vehicle. This beacon/light bar must be unobstructed and visible for 360 degrees with warning lights illuminated at all times during operation.

(2) Incandescent, strobe or diode (LED) lights may be used provided they meet the above criteria.

R912-9-11. Pilot/Escort Vehicle Equipment Requirements.

(1) Pilot/Escort vehicles shall be equipped with the following safety items:

(a) Standard 18 inch or 24 inch red/white "STOP" and black/orange "SLOW" paddle signs. Construction zone flagging requires the 24-inch sign.

(b) Nine reflective triangles.

(c) Eight red-burning flares, glow sticks or equivalent illumination device approved by the Department.

(d) Three orange, 18 inch high cones.

(e) Flashlight[ with two or more D cell batteries]. With a minimum 1 1/2" lense diameter, with extra batteries or charger (emergency type shake or crank -- will not be allowed).

(f) 9" minimum length red or orange cone for use when directing traffic.

([f]g) Orange hardhat and Class 2 safety vest for personnel involved in pilot/escort operations.

([g]h) A height-measuring pole made of a non-conductive, non-destructive, flexible or frangible material, only required when escorting a load exceeding 16 feet in height.

([h]i) Fire extinguisher.

([i]j) First aid kit must be clearly marked.

([j]k) One spare "oversize load" sign, 7 feet by 18 inches.

([k]l) Serviceable Spare tire, tire jack and lug wrench.

([l]m) Handheld two way simplex radio or other compatible form of communication for operations outside pilot/escort vehicles.

(2) Vehicles shall not have unauthorized equipment on the vehicle such as those generally reserved for law enforcement personnel.

R912-9-12. Police Escort Vehicle Equipment and Safety Requirements.

(1) Police escort vehicles shall be equipped with the following safety items:

(a) [Handheld radio or other form of communication for operation with pilot/escort vehicles;]All officers must have a CB radio to communicate with the pilot and transport vehicles.

(b) [If more than one police escort, only one will be required to have direct communication as designated under R912-9-12(a) with pilot/escort vehicle;]Officers shall complete a Utah Law Enforcement Check List and Reporting Criteria Form.

(c) [Before load movement, police escort(s) shall designate one point of contact for communication with pilot/escort driver and relay communications between other police escorts involved in move;]Officers shall verify that all pilot/escorts are in possession of current pilot/escort inspections, or they shall complete an inspection prior to load movement.

(d) Police vehicles must be clearly marked with emergency red and blue lighting visible 360 degrees;

(e) Officers shall be in uniform while conducting police escort moves.

R912-9-13. Insurance.

(1) Drivers shall carry proof of current insurance as authorized under Section 31-A-22-301.

(2) Pilot/escort vehicles shall have a minimum amount of $750,000 liability. This is not a cumulative amount.

R912-9-16. Pre-Trip Planning and Coordination Requirements.

(1) A coordination and planning meeting shall be held prior to load movement. The driver(s) carrying or pulling the oversize load(s), the pilot/escort vehicle driver(s), law enforcement officers (if assigned), Department personnel (if involved), and public utilities company representatives (if involved) shall attend. When police escorts are present, a Utah Law Enforcement Check List and Reporting Criteria Form must be completed. This meeting shall include discussion and coordination on the conduct of the move, including at least the following topics:

(a) The person designated as being in charge (usually a Department representative or a law enforcement officer).

(b) Authorized routing and permit conditions. Ensure that all documentation is distributed to all appropriate individuals involved in the move.

(c) Communication and signals coordination.

(d) Verification/measurement of load dimensions. Compare with permitted dimensions

(e) Copies of permit and routing documents shall be provided to all parties involved with the permitted load movement.

KEY: permitted vehicles, trucks, pilot/escort vehicles

Date of Enactment or Last Substantive Amendment: [November 4, 2005]2006

Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

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.