DAR File No. 30783

Transportation, Motor Carrier

R909-1-1

Adoption of Federal Regulations

NOTICE OF PROPOSED RULE

DAR File No.: 30783
Filed: 11/30/2007, 03:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment incorporates by reference Safety Regulations for Motor Carriers and adopts previously exempted Hours of Service requirements and exemptions for agricultural, ground water well drilling, and construction material operations.

Summary of the rule or change:

The purpose of this rule amendment is to incorporate by reference Safety Regulations for Motor Carriers, 49 CFR Parts 350 through 399 and Part 40, as contained in the October 1, 2007, Code of Federal Regulations (CFR). In addition, this rule amendment adopts 49 CFR Parts 395.1(k), Agricultural Operations; 395.1(l), Ground Water Well Drilling Operations; and 395.1(m), Construction Materials and Equipment regulations previously exempted and will make the state uniform with the federal Motor Carrier Safety Regulations.

State statutory or constitutional authorization for this rule:

Sections 72-9-101, 72-9-103, 72-9-104, and 72-9-301

This rule or change incorporates by reference the following material:

Updates incorporation of 49 CFR Parts 350 through 399 and Part 40 (except for Parts 391.11(b)(1) and 391.49 which are not incorporated) to October 1, 2007, version

Anticipated cost or savings to:

the state budget:

None--There is no fiscal impact on the state because this rule is directed to the Motor Carrier Industry and simply updates references to conform to federal law. There is no financial impact on the state activities or practices.

local governments:

None--There is no fiscal impact on local government for the same reasons as listed in the "State budget" above. This rule applies to the Motor Carrier Industry in the private sector, not to local government activities.

small businesses and persons other than businesses:

There could be a savings to agricultural, ground water well drilling, and construction materials and equipment operations with adoption of these hours of service exemptions as they "may" not have to hire additional drivers that they had to previously to meet established hour of service requirements.

Compliance costs for affected persons:

None--This rule updates references to conform to federal law, but do not add any additional burdens to private industry.

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

Agricultural, ground water well drilling, and construction materials and equipment operations could possibly save money with the adoption of these hours of service exemptions as they may not have to hire additional 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:

Bruce Garner at the above address, by phone at 801-965-4168, by FAX at 801-965-4338, or by Internet E-mail at brucegarner@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:

01/14/2008

This rule may become effective on:

01/21/2008

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 October 1, 200[6]7 Code of Federal Regulations, is incorporated by reference, except for Parts 391.11(b)(1)[,] and 391.49[, 395.1(k), 395.1(l), and 395.1(m)]. 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) 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).

(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.

(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.

 

KEY: trucks, transportation safety, implements of husbandry

Date of Enactment or Last Substantive Amendment: [February 8, 2007]2008

Notice of Continuation: November 29, 2006

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