DAR File No. 31437

Public Safety, Driver License

R708-16

Pedestrian Vehicle Rule

NOTICE OF PROPOSED RULE

DAR File No.: 31437
Filed: 05/15/2008, 01:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule needed to be changed to comply with the definition of a pedestrian vehicle as stated in Section 41-6a-1011. Using golf carts as a pedestrian vehicle does not comply with the statute. The fee for getting a pedestrian vehicle license was increased two years ago by the legislature from $5 to $13 to cover processing costs. The rule was changed to reflect the new cost.

Summary of the rule or change:

The changes make the rule become compliant with the statute and increase the processing fee.

State statutory or constitutional authorization for this rule:

Section 41-6a-1011

Anticipated cost or savings to:

the state budget:

There will be no significant impact on the budget because there are few pedestrian vehicle permits that are issued.

local governments:

There is no fiscal impact on local government because they are not involved in issuing pedestrian vehicle permits.

small businesses and persons other than businesses:

There will be no impact on small businesses because they are not involved in issuing pedestrian vehicle permits.

Compliance costs for affected persons:

The only compliance cost for individuals is to pay an additional $8 for the permit.

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

There will be no fiscal impact on businesses because of these changes. Scott T. Duncan, Commissioner

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

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY UT 84119-5595

Direct questions regarding this rule to:

Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at vroos@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:

07/01/2008

This rule may become effective on:

07/08/2008

Authorized by:

Nannette Rolfe, Director

R708. Public Safety, Driver License.

R708-16. Pedestrian Vehicle Rule.

R708-16-3. Application and Requirements for Authorization to Operate a Pedestrian Vehicle.

(1) Application for authorization to operate a pedestrian vehicle shall be made at any field office of Driver License Division and shall require the following:

(a) Name, age and D.O.B., sex, address, description of disability.

(b) Type of pedestrian vehicle to be used [which must be approved on the basis of the disability; i.e., golf-cart type vehicle, three-wheel vehicle,four-wheel vehicle.]must comply with the requirements specified in Section 41-62-1011.

(c) Statement of intended use of the pedestrian vehicle. Intended use should not create an undue safety hazard.

(d) A functional ability evaluation and a medical opinion that physical disability would not affect the safe operation of the pedestrian vehicle.

(e) All applicants must sign a waiver accepting all responsibility for being allowed to operate a pedestrian vehicle.

(f) Any physically disabled person, under the age of 18, must have parental or guardian approval and sign a waiver accepting responsibility for being allowed to operate a pedestrian vehicle.

(g) Each individual making application for use of a pedestrian vehicle must demonstrate his/her ability to safely operate the pedestrian vehicle.

(2) Authorization to operate a pedestrian vehicle shall be in the form of a certificate issued by the department.

(3) Operation of pedestrian vehicles must comply with all pedestrian, bicycle, or vehicle traffic laws as applicable to the type of pedestrian vehicle used. This includes lighting requirements if used during hours of darkness.

(4) The department may inspect intended routes and uses of vehicles and apply restrictions on use of pedestrian vehicles as may be necessary for the preservation of public safety.

(5) Authorization to operate a pedestrian vehicle must be reviewed every five years.

 

R708-16-5. Fee.

(1) The department may charge a [$5.00]$13 fee to cover administrative costs of issuing a permit to operate a pedestrian vehicle.

(2) All fees collected for permits shall remain in the department as a dedicated credit.

 

KEY: traffic regulations

Date of Enactment or Last Substantive Amendment: [September 19, 1996]2008

Notice of Continuation: March 23, 2006

Authorizing, and Implemented or Interpreted Law: 41-6a-1011