H.B. 314 Enrolled

1

INSURANCE REQUIREMENTS FOR CHILD CARE BUSES
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Johnny Anderson
5 Senate Sponsor: Karen Mayne
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Carrier Safety Act by amending provisions relating to
10 minimum motor vehicle liability coverage for certain motor carriers.
11 Highlighted Provisions:
12 This bill:
13 . provides that the Department of Transportation shall not require a motor carrier to
14 comply with certain federal minimum security requirements if the motor carrier
15 meets certain specified criteria;
16 . provides minimum motor vehicle liability coverage requirements for certain motor
17 carriers; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 72-9-103, as last amended by Laws of Utah 2008, Chapter 382
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 72-9-103 is amended to read:
29 72-9-103. Rulemaking -- Motor vehicle liability coverage for certain motor

30 carriers -- Adjudicative proceedings.
31 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
32 department shall make rules:
33 (a) adopting by reference in whole or in part the Federal Motor Carrier Safety
34 Regulations including minimum security requirements for motor carriers;
35 (b) specifying the equipment required to be carried in each tow truck, including limits
36 on loads that may be moved based on equipment capacity and load weight;
37 (c) specifying collection procedures, in conjunction with the administration and
38 enforcement of the safety or security requirements, for the motor carrier fee under Section
39 72-9-706 ; and
40 (d) providing for the necessary administration and enforcement of this chapter.
41 (2) (a) Notwithstanding Subsection (1)(a), the department shall not require a motor
42 carrier to comply with 49 C.F.R. Part 387 Subpart B if the motor carrier is:
43 (i) engaging in or transacting the business of transporting passengers by an intrastate
44 commercial vehicle that has a seating capacity of no more than 30 passengers; and
45 (ii) a licensed child care provider under Section 26-39-401 .
46 (b) Policies containing motor vehicle liability coverage for a motor carrier described
47 under Subsection (2)(a) shall require minimum coverage of:
48 (i) $1,000,000 for a vehicle with a seating capacity of up to 20 passengers; or
49 (ii) $1,500,000 for a vehicle with a seating capacity of up to 30 passengers.
50 [(2)] (3) The department shall comply with Title 63G, Chapter 4, Administrative
51 Procedures Act, in its adjudicative proceedings.