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7 LONG TITLE
8 Committee Note:
9 The Transportation Interim Committee recommended this bill.
10 General Description:
11 This bill amends portions of the Transportation Code relating to motor carriers.
12 Highlighted Provisions:
13 This bill:
14 ▸ changes the length restrictions of motor carriers;
15 ▸ modifies provisions relating to permits;
16 ▸ modifies rulemaking authority;
17 ▸ amends provisions related to lettering on motor carriers;
18 ▸ amends provisions related to meetings of the Motor Carrier Advisory Board; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 72-2-103, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 13
27 72-7-402, as last amended by Laws of Utah 2015, Chapter 412
28 72-7-406, as last amended by Laws of Utah 2016, Chapter 303
29 72-9-102, as last amended by Laws of Utah 2009, Chapter 155
30 72-9-103, as last amended by Laws of Utah 2011, Chapter 274
31 72-9-105, as last amended by Laws of Utah 2009, Chapter 155
32 72-9-201, as last amended by Laws of Utah 2010, Chapter 286
33 REPEALS:
34 72-9-706, as renumbered and amended by Laws of Utah 1998, Chapter 270
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 72-2-103 is amended to read:
38 72-2-103. Limitations on Transportation Fund appropriations to agencies not a
39 part of the Department of Transportation -- Exceptions.
40 (1) Except as provided under Subsection (2), the amount appropriated or transferred
41 from the Transportation Fund each year may not exceed a combined total of $11,600,000 to:
42 (a) the Department of Public Safety;
43 (b) the State Tax Commission;
44 (c) the Division of Finance; and
45 (d) any other state agency that is not a part of the Department of Transportation.
46 (2) The following amounts are exempt from the appropriation and transfer limitations
47 of Subsection (1):
48 (a) amounts deposited in the Department of Public Safety Restricted Account created
49 under Section 53-3-106;
50 (b) revenue generated by the uninsured motorist identification fee under Section
51 41-1a-1218;
52 (c) revenue generated by the motor carrier fee under Section 41-1a-1219 [
53
54 (d) revenue generated by the Motorcycle Rider Education Program under Section
55 53-3-905.
56 Section 2. Section 72-7-402 is amended to read:
57 72-7-402. Limitations as to vehicle width, height, length, and load extensions.
58 (1) (a) Except as provided by statute, all state or federally approved safety devices and
59 any other lawful appurtenant devices, including refrigeration units, hitches, air line
60 connections, and load securing devices related to the safe operation of a vehicle are excluded
61 for purposes of measuring the width and length of a vehicle under the provisions of this part, if
62 the devices are not designed or used for carrying cargo.
63 (b) Load-induced tire bulge is excluded for purposes of measuring the width of
64 vehicles under the provisions of this part.
65 (c) Appurtenances attached to the sides or rear of a recreational vehicle that is not a
66 commercial motor vehicle are excluded for purposes of measuring the width and length of the
67 recreational vehicle if the additional width or length of the appurtenances does not exceed six
68 inches.
69 (2) A vehicle unladen or with a load may not exceed a width of 8-1/2 feet.
70 (3) A vehicle unladen or with a load may not exceed a height of 14 feet.
71 (4) (a) (i) A single-unit vehicle, unladen or with a load, may not exceed a length of 45
72 feet including front and rear bumpers.
73 (ii) In this section, a truck tractor coupled to one or more semitrailers or trailers is not
74 considered a single-unit vehicle.
75 (b) (i) [
76 with a load, may not exceed a length of [
77 line connections, and safety appurtenances.
78 (ii) There is no overall length limitation on a truck tractor and semitrailer combination
79 when the semitrailer length is [
80 [
81
82 (c) (i) Two trailers coupled together, unladen or with a load, may not exceed an overall
83 length of 61 feet, measured from the front of the first trailer to the rear of the second trailer.
84 (ii) There is no overall length limitation on a truck tractor and double trailer
85 combination when the trailers coupled together measure 61 feet or less.
86 (d) All other combinations of vehicles, unladen or with a load, when coupled together,
87 may not exceed a total length of 65 feet, except the length limitations do not apply to
88 combinations of vehicles operated at night by a public utility when required for emergency
89 repair of public service facilities or properties, or when operated under a permit under Section
90 72-7-406.
91 (5) (a) Subject to Subsection (4), a vehicle or combination of vehicles may not carry
92 any load extending more than three feet beyond the front of the body of the vehicle or more
93 than six feet beyond the rear of the bed or body of the vehicle.
94 (b) A passenger vehicle may not carry any load extending beyond the line of the
95 fenders on the left side of the vehicle nor extending more than six inches beyond the line of the
96 fenders on the right side of the vehicle.
97 (6) Any exception to this section must be authorized by a permit as provided under
98 Section 72-7-406.
99 (7) Any person who violates this section is guilty of a class C misdemeanor.
100 Section 3. Section 72-7-406 is amended to read:
101 72-7-406. Oversize permits and oversize and overweight permits for vehicles of
102 excessive size or weight -- Applications -- Restrictions -- Fees -- Rulemaking provisions --
103 Penalty.
104 (1) (a) The department may, upon receipt of an application and good cause shown,
105 issue in writing an oversize permit or an oversize and overweight permit. The oversize permit
106 or oversize and overweight permit may authorize the applicant to operate or move upon a
107 highway:
108 (i) a vehicle or combination of vehicles, unladen or with a load weighing more than the
109 maximum weight specified in Section 72-7-404 for any wheel, axle, group of axles, or total
110 gross weight; or
111 (ii) a vehicle or combination of vehicles that exceeds the vehicle width, height, or
112 length provisions under Section 72-7-402 or draw-bar length restriction under Subsection
113 72-7-403(1)(a).
114 (b) Except as provided under Subsection (8), the department may not issue an oversize
115 and overweight permit [
116 load that is reasonably divisible.
117 (c) The department may not authorize a maximum size or weight [
118 permit under this section [
119 to qualify for federal-aid highway funds.
120 (d) The department may deny or issue a permit under this section to protect the safety
121 of the traveling public and to protect highway foundation, surfaces, or structures from undue
122 damage by one or more of the following:
123 (i) limiting the number of trips the vehicle may make;
124 (ii) establishing seasonal or other time limits within which the vehicle may operate or
125 move on the highway indicated;
126 (iii) requiring [
127 potential damage by the vehicle to any highway; and
128 (iv) otherwise limiting the conditions of operation or movement of the vehicle.
129 (e) Prior to granting a permit under this section, the department shall approve the route
130 of any vehicle or combination of vehicles.
131 (2) An application for a permit under this section shall state:
132 (a) the proposed maximum wheel loads, maximum axle loads, all axle spacings of each
133 vehicle or combination of vehicles;
134 (b) the proposed maximum load size and maximum size of each vehicle or
135 combination of vehicles;
136 (c) the specific roads requested to be used under authority of the permit; and
137 (d) if the permit is requested for a single trip or if other seasonal limits or time limits
138 apply.
139 [
140 and overweight permit shall [
141 combination of vehicles to which [
142 any peace officer, special function officer, port of entry agent, or other personnel authorized by
143 the department.
144 (b) A driver may provide proof of an oversize permit or oversize and overweight
145 permit as required in Subsection (3)(a) by showing an electronic copy of the permit.
146 (4) [
147
148 (a) properly registered for the weight authorized by the permit; or
149 (b) registered for a gross laden weight of 78,001 pounds or over, if the gross laden
150 weight authorized by the permit exceeds 80,000 pounds.
151 (5) (a) (i) [
152 this section for a vehicle or combination of vehicles that exceeds one or more of the maximum
153 width, height, or length provisions under Section 72-7-402.
154 (ii) Except for an annual oversize permit for an implement of husbandry under Section
155 72-7-407 or for an annual oversize permit issued under Subsection (5)(a)(iii), the department
156 may issue only a single trip oversize permit [
157 vehicles that is more than 14 feet 6 inches wide, 14 feet high, or 105 feet long.
158 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
159 the department shall make rules for the issuance of an annual oversize permit for a vehicle or
160 combination of vehicles that is more than 14 feet 6 inches wide, 14 feet high, or 105 feet long
161 if the department determines that the permit is needed to accommodate highway transportation
162 needs for multiple trips on a specified route.
163 (b) The fee is $30 for a single trip oversize permit under this Subsection (5). This
164 permit is valid for not more than 96 continuous hours.
165 (c) The fee is $75 for a semiannual oversize permit under this Subsection (5). This
166 permit is valid for not more than 180 continuous days.
167 (d) The fee is $90 for an annual oversize permit under this Subsection (5). This permit
168 is valid for not more than 365 continuous days.
169 (6) (a) [
170
171 that exceeds one or more of the maximum weight provisions of Section 72-7-404 up to a gross
172 weight of 125,000 pounds.
173 (b) The fee is $60 for a single trip oversize and overweight permit under this
174 Subsection (6). This permit is valid for not more than 96 continuous hours.
175 (c) A semiannual oversize and overweight permit under this Subsection (6) is valid for
176 not more than 180 continuous days. The fee for this permit is:
177 (i) $180 for a vehicle or combination of vehicles with gross vehicle weight of more
178 than 80,000 pounds, but not exceeding 84,000 pounds;
179 (ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more
180 than 84,000 pounds, but not exceeding 112,000 pounds; and
181 (iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more
182 than 112,000 pounds, but not exceeding 125,000 pounds.
183 (d) An annual oversize and overweight permit under this Subsection (6) is valid for not
184 more than 365 continuous days. The fee for this permit is:
185 (i) $240 for a vehicle or combination of vehicles with gross vehicle weight of more
186 than 80,000 pounds, but not exceeding 84,000 pounds;
187 (ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more
188 than 84,000 pounds, but not exceeding 112,000 pounds; and
189 (iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more
190 than 112,000 pounds, but not exceeding 125,000 pounds.
191 (7) (a) [
192 [
193 nondivisible load that exceeds:
194 (i) one or more of the maximum weight provisions of Section 72-7-404; or
195 (ii) a gross weight of 125,000 pounds.
196 (b) (i) The fee for a single trip oversize and overweight permit under this Subsection
197 (7), which is valid for not more than 96 continuous hours, is $.012 per mile for each 1,000
198 pounds above 80,000 pounds subject to the rounding described in Subsection (7)(c).
199 (ii) The minimum fee that may be charged under this Subsection (7) is $80.
200 (iii) The maximum fee that may be charged under this Subsection (7) is $540.
201 (c) (i) The miles used to calculate the fee under this Subsection (7) shall be rounded up
202 to the nearest 50 mile increment.
203 (ii) The pounds used to calculate the fee under this Subsection (7) shall be rounded up
204 to the nearest 25,000 pound increment.
205 (iii) The department shall round the dollar amount used to calculate the fee under this
206 Subsection (7) [
207 (8) (a) [
208
209 (i) the bridge formula under Subsection 72-7-404(3) is not exceeded; and
210 (ii) the length of the vehicle or combination of vehicles is:
211 (A) more than the limitations specified under Subsections 72-7-402(4)(c) and (d) or
212 Subsection 72-7-403(1)(a) but not exceeding 81 feet in cargo carrying length and the
213 application is for a single trip, semiannual trip, or annual trip permit; or
214 (B) more than 81 feet in cargo carrying length but not exceeding 95 feet in cargo
215 carrying length and the application is for an annual trip permit.
216 (b) The fee is $60 for a single trip oversize and overweight permit under this
217 Subsection (8). The permit is valid for not more than 96 continuous hours.
218 (c) The fee for a semiannual oversize and overweight permit under this Subsection (8),
219 which permit is valid for not more than 180 continuous days is:
220 (i) $180 for a vehicle or combination of vehicles with gross vehicle weight of more
221 than 80,000 pounds, but not exceeding 84,000 pounds;
222 (ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more
223 than 84,000 pounds, but not exceeding 112,000 pounds; and
224 (iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more
225 than 112,000 pounds, but not exceeding 129,000 pounds.
226 (d) The fee for an annual oversize and overweight permit under this Subsection (8),
227 which permit is valid for not more than 365 continuous days is:
228 (i) $240 for a vehicle or combination of vehicles with gross vehicle weight of more
229 than 80,000 pounds, but not exceeding 84,000 pounds;
230 (ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more
231 than 84,000 pounds, but not exceeding 112,000 pounds; and
232 (iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more
233 than 112,000 pounds, but not exceeding 129,000 pounds.
234 (9) Permit fees collected under this section shall be credited monthly to the
235 Transportation Fund.
236 (10) The department shall prepare maps, drawings, and instructions as guidance when
237 issuing permits under this section.
238 (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
239 the department shall make rules governing the issuance and revocation of all permits under this
240 section and Section 72-7-407.
241 (12) Any person who violates any of the terms or conditions of a permit issued under
242 this section:
243 (a) may have the person's permit revoked; and
244 (b) is guilty of an infraction, except that a violation of any rule made under Subsection
245 (11) is not subject to a criminal penalty.
246 Section 4. Section 72-9-102 is amended to read:
247 72-9-102. Definitions.
248 As used in this chapter:
249 (1) (a) "Commercial vehicle" includes:
250 (i) an interstate commercial vehicle; and
251 (ii) an intrastate commercial vehicle.
252 (b) "Commercial vehicle" does not include the following vehicles for purposes of this
253 chapter:
254 (i) equipment owned and operated by the United States Department of Defense when
255 driven by any active duty military personnel and members of the reserves and national guard on
256 active duty including personnel on full-time national guard duty, personnel on part-time
257 training, and national guard military technicians and civilians who are required to wear military
258 uniforms and are subject to the code of military justice;
259 (ii) firefighting and emergency vehicles, operated by emergency personnel, not
260 including commercial tow trucks; [
261 (iii) recreational vehicles that are driven solely as family or personal conveyances for
262 noncommercial purposes[
263 (iv) vehicles owned by the state or a local government.
264 (2) "Interstate commercial vehicle" means a self-propelled or towed motor vehicle used
265 on a highway in interstate commerce to transport passengers or property if the vehicle:
266 (a) has a gross vehicle weight rating or gross combination weight rating of 10,001 or
267 more pounds;
268 (b) is designed or used to transport more than eight passengers, including the driver, for
269 compensation;
270 (c) is designed or used to transport more than 15 passengers, including the driver, and
271 is not used to transport passengers for compensation; or
272 (d) (i) is used to transport materials designated as hazardous in accordance with 49
273 U.S.C. Sec. 5103; and
274 (ii) is required to be placarded in accordance with regulations under 49 C.F.R., Subtitle
275 B, Chapter I, Subchapter C.
276 (3) " Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or
277 semitrailer used or maintained for business, compensation, or profit to transport passengers or
278 property on a highway only within the boundaries of this state if the commercial vehicle:
279 (a) has a manufacturer's gross vehicle weight rating or gross combination weight rating
280 of 10,001 or more pounds;
281 (b) is designed to transport more than 15 passengers, including the driver; or
282 (c) is used in the transportation of hazardous materials and is required to be placarded
283 in accordance with 49 C.F.R. Part 172, Subpart F.
284 (4) "Motor carrier" means a person engaged in or transacting the business of
285 transporting passengers, freight, merchandise, or other property by a commercial vehicle on a
286 highway within this state and includes a tow truck business.
287 (5) "Tow truck" means a motor vehicle constructed, designed, altered, or equipped
288 primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or
289 impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow
290 line, dolly, tilt bed, or other means.
291 (6) "Tow truck service" means the functions and any ancillary operations associated
292 with recovering, removing, and towing a vehicle and its load from a highway or other place by
293 means of a tow truck.
294 (7) "Transportation" means the actual movement of property or passengers by motor
295 vehicle, including loading, unloading, and any ancillary service provided by the motor carrier
296 in connection with movement by motor vehicle, which is performed by or on behalf of the
297 motor carrier, its employees or agents, or under the authority of the motor carrier, its employees
298 or agents, or under the apparent authority and with the knowledge of the motor carrier.
299 Section 5. Section 72-9-103 is amended to read:
300 72-9-103. Rulemaking -- Motor vehicle liability coverage for certain motor
301 carriers -- Adjudicative proceedings.
302 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
303 department shall make rules:
304 (a) adopting by reference in whole or in part the Federal Motor Carrier Safety
305 Regulations including minimum security requirements for motor carriers;
306 (b) specifying the equipment required to be carried in each tow truck, including limits
307 on loads that may be moved based on equipment capacity and load weight; and
308 [
309
310
311 [
312 (2) (a) Notwithstanding Subsection (1)(a), the department shall not require a motor
313 carrier to comply with 49 C.F.R. Part 387 Subpart B if the motor carrier is:
314 (i) engaging in or transacting the business of transporting passengers by an intrastate
315 commercial vehicle that has a seating capacity of no more than 30 passengers; and
316 (ii) a licensed child care provider under Section 26-39-401.
317 (b) Policies containing motor vehicle liability coverage for a motor carrier described
318 under Subsection (2)(a) shall require minimum coverage of:
319 (i) $1,000,000 for a vehicle with a seating capacity of up to 20 passengers; or
320 (ii) $1,500,000 for a vehicle with a seating capacity of up to 30 passengers.
321 (3) The department shall comply with Title 63G, Chapter 4, Administrative Procedures
322 Act, in its adjudicative proceedings.
323 Section 6. Section 72-9-105 is amended to read:
324 72-9-105. Information lettered on vehicle -- Exceptions.
325 (1) Except under Subsection (4), a motor carrier shall have lettered on both sides of any
326 vehicle used for transportation of persons or property[
327 company[
328
329 (2) The motor carrier shall ensure that the lettering [
330 and legible from a distance of at least 50 feet.
331 (3) (a) In addition to the lettering required under Subsection (1), the department may
332 require a motor carrier to display an identification number assigned by the department [
333
334 (b) The department may issue an identification number [
335
336 develop a program to improve motor carrier safety enforcement.
337 (4) An intrastate commercial vehicle primarily used by a farmer for the production of
338 agricultural products is exempt from the provisions of this section.
339 Section 7. Section 72-9-201 is amended to read:
340 72-9-201. Motor Carrier Advisory Board created -- Appointment -- Terms --
341 Meetings -- Per diem and expenses -- Duties.
342 (1) There is created within the department the Motor Carrier Advisory Board
343 consisting of five members appointed by the governor.
344 (2) Each member of the board shall:
345 (a) represent experience and expertise in the areas of motor carrier transportation,
346 commerce, agriculture, economics, shipping, or highway safety;
347 (b) be selected at large on a nonpartisan basis; and
348 (c) have been a legal resident of the state for at least one year immediately preceding
349 the date of appointment.
350 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
351 expire, the governor shall appoint each new member or reappointed member to a four-year
352 term.
353 (b) The governor shall, at the time of appointment or reappointment, adjust the length
354 of terms to ensure that the terms of board members are staggered so that approximately half of
355 the board is appointed every two years.
356 (c) A member shall serve from the date of appointment until a replacement is
357 appointed.
358 (4) When a vacancy occurs in the membership for any reason, the governor shall
359 appoint the replacement [
360 term beginning the day following the [
361 vacancy occurs.
362 (5) The board shall elect its own chair and vice chair at the first regular meeting of each
363 calendar year.
364 (6) The board shall meet at least [
365 the chair.
366 (7) Any three voting members constitute a quorum for the transaction of business that
367 comes before the board.
368 (8) A member may not receive compensation or benefits for the member's service, but
369 may receive per diem and travel expenses in accordance with:
370 (a) Section 63A-3-106;
371 (b) Section 63A-3-107; and
372 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
373 63A-3-107.
374 (9) The board shall advise the department and the commission on interpretation,
375 adoption, and implementation of this chapter and other motor carrier related issues.
376 (10) The department shall provide staff support to the board.
377 Section 8. Repealer.
378 This bill repeals:
379 Section 72-9-706, Motor carrier fee for certain vehicles -- Collection.
Legislative Review Note
Office of Legislative Research and General Counsel