1     
AGRICULTURAL VEHICLE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to an implement of husbandry and other agricultural
10     related vehicles.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions describing when an implement of husbandry may operate on a
14     highway;
15          ▸     amends provisions to allow a vehicle or combination of vehicles to exceed certain
16     vehicle weight limits in certain situations;
17          ▸     exempts an implement of husbandry from the requirement to stop at a port-of-entry
18     in certain circumstances; 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          41-1a-202, as last amended by Laws of Utah 2013, Chapter 463
27          72-7-404, as last amended by Laws of Utah 2017, First Special Session, Chapter 3
28          72-9-502, as last amended by Laws of Utah 2017, Chapter 345
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 41-1a-202 is amended to read:
32          41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of
33     vehicles after establishing residency.
34          (1) In this section:
35          (a) "Domicile" means the place:
36          (i) where an individual has a fixed permanent home and principal establishment;
37          (ii) to which the individual if absent, intends to return; and
38          (iii) in which the individual and his family voluntarily reside, not for a special or
39     temporary purpose, but with the intention of making a permanent home.
40          (b) (i) "Resident" means any of the following:
41          (A) an individual who:
42          (I) has established a domicile in this state;
43          (II) regardless of domicile, remains in this state for an aggregate period of six months
44     or more during any calendar year;
45          (III) engages in a trade, profession, or occupation in this state or who accepts
46     employment in other than seasonal work in this state and who does not commute into the state;
47          (IV) declares himself to be a resident of this state for the purpose of obtaining a driver
48     license or motor vehicle registration; or
49          (V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
50     nonresidents, including going to school, or placing children in school without paying
51     nonresident tuition or fees; or
52          (B) any individual, partnership, limited liability company, firm, corporation,
53     association, or other entity that:
54          (I) maintains a main office, branch office, or warehouse facility in this state and that
55     bases and operates a motor vehicle in this state; or
56          (II) operates a motor vehicle in intrastate transportation for other than seasonal work.
57          (ii) "Resident" does not include any of the following:
58          (A) a member of the military temporarily stationed in Utah;
59          (B) an out-of-state student, as classified by the institution of higher education, enrolled
60     with the equivalent of seven or more quarter hours, regardless of whether the student engages
61     in a trade, profession, or occupation in this state or accepts employment in this state; and
62          (C) an individual domiciled in another state or a foreign country that:
63          (I) is engaged in public, charitable, educational, or religious services for a government
64     agency or an organization that qualifies for tax-exempt status under Internal Revenue Code
65     Section 501(c)(3);
66          (II) is not compensated for services rendered other than expense reimbursements; and
67          (III) is temporarily in Utah for a period not to exceed 24 months.
68          (2) (a) Registration under this chapter is not required for any:
69          [(a)] (i) vehicle registered in another state and owned by a nonresident of the state or
70     operating under a temporary registration permit issued by the division or a dealer authorized by
71     this chapter, driven or moved upon a highway in conformance with the provisions of this
72     chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
73          [(b)] (ii) vehicle driven or moved upon a highway only for the purpose of crossing the
74     highway from one property to another;
75          [(c)] (iii) implement of husbandry, whether of a type otherwise subject to registration
76     or not, that is only incidentally operated or moved upon a highway;
77          [(d)] (iv) special mobile equipment;
78          [(e)] (v) vehicle owned or leased by the federal government;
79          [(f)] (vi) motor vehicle not designed, used, or maintained for the transportation of
80     passengers for hire or for the transportation of property if the motor vehicle is registered in
81     another state and is owned and operated by a nonresident of this state;
82          [(g)] (vii) vehicle or combination of vehicles designed, used, or maintained for the
83     transportation of persons for hire or for the transportation of property if the vehicle or
84     combination of vehicles is registered in another state and is owned and operated by a
85     nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight
86     of 26,000 pounds or less;
87          [(h)] (viii) trailer of 750 pounds or less unladen weight and not designed, used, and
88     maintained for hire for the transportation of property or person;
89          [(i)] (ix) manufactured home or mobile home;
90          [(j)] (x) off-highway vehicle currently registered under Section 41-22-3 if the
91     off-highway vehicle is:
92          [(i)] (A) being towed;
93          [(ii)] (B) operated on a street or highway designated as open to off-highway vehicle
94     use; or
95          [(iii)] (C) operated in the manner prescribed in Subsections 41-22-10.3(1) through (3);
96          [(k)] (xi) off-highway implement of husbandry operated in the manner prescribed in
97     Subsections 41-22-5.5(3) through (5);
98          [(l)] (xii) modular and prebuilt homes conforming to the uniform building code and
99     presently regulated by the United States Department of Housing and Urban Development that
100     are not constructed on a permanent chassis;
101          [(m)] (xiii) electric assisted bicycle defined under Section 41-6a-102;
102          [(n)] (xiv) motor assisted scooter defined under Section 41-6a-102; or
103          [(o)] (xv) electric personal assistive mobility device defined under Section 41-6a-102.
104          (b) For purposes of an implement of husbandry as described in Subsection (2)(a)(iii),
105     incidental operation on a highway includes operation that is:
106          (i) transportation of raw agricultural materials or other agricultural related operations;
107     and
108          (ii) limited to 100 miles round trip on a highway.
109          (3) Unless otherwise exempted under Subsection (2), registration under this chapter is
110     required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle
111     within 60 days of the owner establishing residency in this state.
112          (4) A motor vehicle that is registered under Section 41-3-306 is exempt from the
113     registration requirements of this part for the time period that the registration under Section
114     41-3-306 is valid.
115          (5) A vehicle that has been issued a nonrepairable certificate may not be registered
116     under this chapter.
117          Section 2. Section 72-7-404 is amended to read:
118          72-7-404. Maximum gross weight limitation for vehicles -- Bridge formula for
119     weight limitations -- Minimum mandatory fines.
120          (1) (a) As used in this section:
121          (i) "Axle load" means the total load on all wheels whose centers may be included
122     between two parallel transverse vertical planes 40 inches apart.
123          (ii) "Tandem axle" means two or more axles spaced not less than 40 inches nor more
124     than 96 inches apart and having at least one common point of weight suspension.
125          (b) The tire load rating shall appear on the tire sidewall. A tire, wheel, or axle may not
126     carry a greater weight than the manufacturer's rating.
127          (2) (a) [An] Except as provided in Subsection (4), an individual may not operate or
128     move a vehicle on any highway in the state with:
129          (i) a gross weight in excess of 10,500 pounds on one wheel;
130          (ii) a single axle load in excess of 20,000 pounds; or
131          (iii) a tandem axle load in excess of 34,000 pounds.
132          (b) Subject to the limitations of Subsection (3), the gross vehicle weight of any vehicle
133     or combination of vehicles may not exceed 80,000 pounds.
134          (3) (a) Subject to the limitations in Subsection (2), no group of two or more
135     consecutive axles between the first and last axle of a vehicle or combination of vehicles and no
136     vehicle or combination of vehicles may carry a gross weight in excess of the weight provided
137     by the following bridge formula, except as provided in Subsection (3)(b):
138     
W = 500 {LN/(N-1) + 12N+36}

139          (i) W = overall gross weight on any group of two or more consecutive axles to the
140     nearest 500 pounds.
141          (ii) L = distance in feet between the extreme of any group of two or more consecutive
142     axles. When the distance in feet includes a fraction of a foot of one inch or more the next
143     larger number of feet shall be used.
144          (iii) N = number of axles in the group under consideration.
145          (b) Two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds
146     each if the overall distance between the first and last axles of the consecutive sets of tandem
147     axles is 36 feet or more.
148          (4) An individual may operate an implement of husbandry, as defined in Section
149     41-1a-102, carrying a raw agricultural commodity such as corn, wheat, or hay that is over the
150     single axle weight described in Subsection (2), if:
151          (a) the single axle load is not over the limit described in Subsection (2) by more than
152     2,000 pounds;
153          (b) the total gross vehicle weight of the vehicle or combination of vehicles is not over
154     the limit described in Subsection (2); and
155          (c) the individual is not operating the implement of husbandry on the interstate system.
156          [(4)] (5) The department may authorize an exception to this section by an overweight
157     permit as provided in Section 72-7-406.
158          [(5)] (6) (a) Any person who violates this section is guilty of an infraction except that,
159     notwithstanding Sections 76-3-301 and 76-3-302, the department may require the violator to
160     pay a fine of either:
161          (i) $50 plus the sum of the overweight axle fines calculated under Subsection [(5)]
162     (6)(b); or
163          (ii) $50 plus the gross vehicle weight fine calculated under Subsection [(5)] (6)(b).
164          (b) The department shall calculate the fine for each axle and a gross vehicle weight
165     violation according to the following schedule:
166     
Number of Pounds Overweight		Axle Fine (Cents per Pound
for Each Overweight Axle)		Gross Vehicle Weight
Fine(Cents per Pound)
167      1 - 2,00000
168      2,001 - 5,00045
169      5,001 - 8,00055
170      8,001 - 12,00065
171      12,001 - 16,00075
172      16,001 - 20,00095
173      20,001 - 25,000115
174      25,001 or more135

175          Section 3. Section 72-9-502 is amended to read:
176          72-9-502. Motor vehicles to stop at ports-of-entry -- Signs -- Exceptions --
177     Rulemaking -- By-pass permits.
178          (1) Except under Subsection (3), a motor carrier operating a motor vehicle with a gross
179     vehicle weight of 10,001 pounds or more or any motor vehicle carrying livestock as defined in
180     Section 4-24-102 shall stop at a port-of-entry as required under this section.
181          (2) The department may erect and maintain signs directing motor vehicles to a
182     port-of-entry as provided in this section.
183          (3) A motor vehicle required to stop at a port-of-entry under Subsection (1) is exempt
184     from this section if:
185          (a) the total one-way trip distance for the motor vehicle would be increased by more
186     than 5% or three miles, whichever is greater if diverted to a port-of-entry; [or]
187          (b) the motor vehicle is operating under a temporary port-of-entry by-pass permit
188     issued under Subsection (4)[.]; or
189          (c) the motor vehicle is an implement of husbandry as defined in Section 41-1a-102
190     being operated only incidentally on a highway as described in Section 41-1a-202.
191          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
192     the department shall make rules for the issuance of a temporary port-of-entry by-pass permit
193     exempting a motor vehicle from the provisions of Subsection (1) if the department determines
194     that the permit is needed to accommodate highway transportation needs due to multiple daily or
195     weekly trips in the proximity of a port-of-entry.
196          (b) The rules under Subsection (4)(a) shall provide that one permit may be issued to a
197     motor carrier for multiple motor vehicles.