DAR File No. 29338

Transportation, Motor Carrier

R909-1-1

Adoption of Federal Regulations

NOTICE OF PROPOSED RULE

DAR File No.: 29338
Filed: 12/15/2006, 12:51
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to correct a citation of 380.203(2) to read 380.203(a)(2); and to adopt 395.1(n) allowing utility service drivers to restart the 60/70 hour rule after having 24 consecutive hours off.

Summary of the rule or change:

This amendment corrects a citation of 380.203(2) to read 380.203(a)(2); and adopts 395.1(n) allowing utility service drivers to restart the 60/70 hour rule after having 24 consecutive hours off.

State statutory or constitutional authorization for this rule:

Section 72-9-103

This rule or change incorporates by reference the following material:

49 CFR 350 through 399 and Part 40, except for Parts 391.11(b)(1), 391.49, 395.1(k), 395.1(l), and 395.1(m) (October 1, 2006)

Anticipated cost or savings to:

the state budget:

The state will not have to take any additional measures in order to carry out this rule; therefore, there should be no cost or savings.

local governments:

This rule does not apply to local governments; therefore, they will have no costs or savings.

other persons:

Utility service companies will save money because the 60/70 hour rule change will keep them from having to hire more drivers.

Compliance costs for affected persons:

Utility service companies will save money because the 60/70 hour rule change will keep them from having to hire more drivers.

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

Utility service companies will save money because the 60/70 hour rule change will keep them from having to hire more drivers. Otherwise, there will be no effect on business. 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:

Transportation
Motor Carrier
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

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:

01/31/2007

This rule may become effective on:

02/07/2007

Authorized by:

John R. Njord, Executive Director

R909. Transportation, Motor Carrier.

R909-1. Safety Regulations for Motor Carriers.

R909-1-1. Adoption of Federal Regulations.

(1) Safety Regulations for Motor Carriers, 49 CFR Parts 350 through 399 and Part 40, [as contained in the April 1, 2005]as contained in the October 1, 2006 Code of Federal Regulations, is incorporated by reference, except for Parts 391.11(b)(1), 391.49, 395.1(k), 395.1(l), and 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 commerce.[

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

([4]3) 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.

([5]4) 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.[

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

 

KEY: trucks, transportation safety, implements of husbandry

Date of Enactment or Last Substantive Amendment: [November 4, 2005]2007

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301