This filing was published in the 04/15/2009, issue, Vol. 2009, No. 8, of the Utah State Bulletin.
Transportation, Motor Carrier
Adoption of Federal Regulations
NOTICE OF PROPOSED RULE
DAR File No.: 32488
Filed: 04/01/2009, 03:02
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this amendment is to clarify the rule regarding intrastate vs. interstate language.
Summary of the rule or change:
The amendment specifies that the rule applies to intrastate drivers only who are engaged in intrastate commerce.
State statutory or constitutional authorization for this rule:
Sections 72-9-103, 72-9-104, 72-9-101, and 72-9-301
Anticipated cost or savings to:
the state budget:
No cost or savings are anticipated with this rule change. No new requirements were created with this rule change which will impact the state budget.
No cost or savings are anticipated for local government with this rule change. No new requirements were created with this rule change that impact local governments.
small businesses and persons other than businesses:
No cost or savings are anticipated for small businesses with this rule change. No new requirements were created with this rule change that impact small businesses.
Compliance costs for affected persons:
There is no compliance cost.
Comments by the department head on the fiscal impact the rule may have on businesses:
I concur that there is no significant fiscal impact on businesses. John 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
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998
Direct questions regarding this rule to:
Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
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[ 7] Code of Federal Regulations, is incorporated
by reference, except for Parts 391.11(b)(1) and 391.49. 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: [
Notice of Continuation: November 29, 2006
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301
Text to be deleted is struck through and surrounded by brackets (e.g., [
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For questions regarding the content or application of this rule, please contact Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at email@example.com
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 04/13/2009 4:53 PM