DAR File No. 32018

Public Safety, Driver License

R708-26-5

Motorcycle Learner Permit

NOTICE OF PROPOSED RULE

DAR File No.: 32018
Filed: 10/09/2008, 04:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

It is not necessary to designate motorcycle learner permit restrictions in administrative rule because H.B. 72 was passed in 2008. This bill, Motorcycle License and Endorsement Amendments, codifies motorcycle learner permit restrictions under Section 53-3-210.6. (DAR NOTE: H.B. 72 (2008) is found at Chapter 304, Laws of Utah 2008, and was effective 07/01/2008.)

Summary of the rule or change:

This change removes motorcycle learner permit restrictions language from the section.

State statutory or constitutional authorization for this rule:

Section 53-3-104

Anticipated cost or savings to:

the state budget:

There is no cost to the state budget because there were only minor changes made to motorcycle learner permit restrictions previously designated in administrative rule and that are now designated in statute.

local governments:

There is no cost to local government because they are not involved in issuing motorcycle learner permits.

small businesses and persons other than businesses:

There is no cost to small businesses because they are not involved in issuing motorcycle learner permits.

Compliance costs for affected persons:

There are no additional compliance costs for affected persons. Motorcycle Learner Permit restrictions in Section R708-26-5 restricted the operator to driving a motorcycle only during daylight hours and only without passengers. Subsection 53-3-210.6(3)(a) restricts the operation of a motorcycle for the first two months from the date the permit is issued by prohibiting operation of a motorcycle on a highway with a posted speed limit of more than 60 miles per hour; with any passengers; or during the nighttime hours after 10 p.m. and before 6 a.m. The restrictions are removed for the third through sixth month from the date a motorcycle learner permit is issued.

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 this rule amendment. 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
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY UT 84119-5595

Direct questions regarding this rule to:

Jill Laws at the above address, by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at jlaws@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:

12/01/2008

This rule may become effective on:

12/08/2008

Authorized by:

Nannette Rolfe, Director

R708. Public Safety, Driver License.

R708-26. Learner Permit Rule.

[R708-26-5. Motorcycle Learner Permit.

A person who has been issued a motorcycle learner permit may drive a motorcycle only during daylight hours and only without passengers.

 

]KEY: learner permit

Date of Enactment or Last Substantive Amendment: [August 8, 2006]2008

Notice of Continuation: August 25, 2004

Authorizing, and Implemented or Interpreted Law: 53-3-210