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Transportation Code | |
Motor Carrier Safety Act | |
Section 501 | Construction, operation, and maintenance of ports-of-entry by the department -- Function of ports-of-entry -- Checking and citation powers of port-of-entry agents. |
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72-9-501. Construction, operation, and maintenance of ports-of-entry by the
department -- Function of ports-of-entry -- Checking and citation powers of port-of-entry
agents. (1) (a) The department shall construct ports-of-entry for the purpose of checking motor carriers, drivers, vehicles, and vehicle loads for compliance with state and federal laws including laws relating to: (i) driver qualifications; (ii) Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act; (iii) vehicle registration; (iv) fuel tax payment; (v) vehicle size, weight, and load; (vi) security or insurance; (vii) this chapter; (viii) hazardous material as defined under 49 U.S.C. 5102; (ix) livestock transportation; and (x) safety. (b) The ports-of-entry shall be located on state highways at sites determined by the department. (2) (a) The ports-of-entry shall be operated and maintained by the department. (b) A port-of-entry agent or a peace officer may check, inspect, or test drivers, vehicles, and vehicle loads for compliance with state and federal laws specified in Subsection (1). (3) (a) A port-of-entry agent or a peace officer, in whose presence an offense described in this section is committed, may: (i) issue and deliver a misdemeanor or infraction citation under Section 77-7-18; (ii) request and administer chemical tests to determine blood alcohol concentration in compliance with Section 41-6a-515; (iii) place a driver out-of-service in accordance with Section 53-3-417; and (iv) serve a driver with notice of the Driver License Division of the Department of Public Safety's intention to disqualify the driver's privilege to drive a commercial motor vehicle in accordance with Section 53-3-418. (b) This section does not grant actual arrest powers as defined in Section 77-7-1 to a port-of-entry agent who is not a peace officer or special function officer designated under Title 53, Chapter 13, Peace Officer Classifications. (4) (a) A port-of-entry agent, a peace officer, or the Division of Wildlife Resources may inspect, detain, or quarantine a conveyance or equipment in accordance with Sections 23-27-301 and 23-27-302. (b) The department is not responsible for decontaminating a conveyance or equipment detained or quarantined. (c) The Division of Wildlife Resources may decontaminate, as defined in Section 23-27-102, a conveyance or equipment at the port-of-entry if authorized by the department.
Amended by Chapter 284, 2008 General Session |
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