DAR File No. 31988

Public Safety, Highway Patrol

R714-240

Standards and Specifications for Child Restraint Devices and Safety Belts

NOTICE OF PROPOSED RULE

DAR File No.: 31988
Filed: 10/01/2008, 01:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the five-year review process, some incorrect statutory citations were discovered.

Summary of the rule or change:

This filing corrects statutory citations, which include the wording now contained in the statute.

State statutory or constitutional authorization for this rule:

Subsection 53-8-204(5)

This rule or change incorporates by reference the following material:

49 CFR 571.213 (2006 edition)

Anticipated cost or savings to:

the state budget:

There will be no cost to the state budget because the changes are simply correcting statutory citations.

local governments:

There will be no cost to the local government because the changes are simply correcting statutory citations.

small businesses and persons other than businesses:

There will be no cost to the small businesses because the changes are simply correcting statutory citations.

Compliance costs for affected persons:

There will be no cost because the changes are simply correcting statutory citations.

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

There will be no fiscal impact on businesses. Scott 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
Highway Patrol
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5994

Direct questions regarding this rule to:

Joseph Vasquez at the above address, by phone at 801-965-4889, by FAX at 801-322-1817, or by Internet E-mail at jvasquez@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:

11/14/2008

This rule may become effective on:

11/21/2008

Authorized by:

Lance Davenport, Superintendant

R714.  Public Safety, Highway Patrol.

R714-240.  Standards and Specifications for Child Restraint Devices and Safety Belts.

R714-240-1.  Purpose.

Subsection [41-6-148.20(2) states that a driver transporting a child in a motor vehicle shall provide for the protection of that child by using a child restraint device or safety belt approved by the commissioner of public safety.]41-6a-1803(1)(b)(c) states that the operator of a motor vehicle operated on a highway shall provide for the protection of each person younger than five years of age by using a child restraint device to restrain each person in the manner prescribed by the manufacturer of the device and provide for the protection of each person five years of age up to 16 years of age by using an appropriate child restraint device to restrain each person in the manner prescribed by the manufacturer of the device or securing, or causing to be secured, a properly adjusted and fastened safety belt.  The purpose of this rule is to adopt the standards and specifications that a child restraint device and safety belt must meet in order to be approved by the commissioner of public safety.

 

R714-240-2.  Authority.

This rule is authorized by Subsection [41-6-148.20(2)]53-1-106(1)(a).

 

R714-240-3.  Federal Standards and Specifications Adopted and Incorporated by Reference.

The type of child restraint device and safety belt approved by the commissioner of public safety for use in Utah is a child restraint device and safety belt which meet the standards and specifications set forth in 49 CFR 571.213 ([199]2006 edition).  The standards and specifications in such federal regulation are adopted for use in Utah and such federal regulation is incorporated into this rule by this reference.

 

KEY:  seat belts, motor vehicle safety

Date of Enactment or Last Substantive Amendment:  [May 5, 1998]2008

Notice of Continuation:  November 27, 2007

Authorizing, and Implemented or Interpreted Law:  41-6a-[148.20(2)]1803(1)(b)(c)