1     
MOTOR CARRIER AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kay J. Christofferson

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Transportation Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the definition of a commercial vehicle; and
13          ▸     changes the weight restrictions for an oversize and overweight permit.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          72-7-406, as last amended by Laws of Utah 2017, Chapters 96, 118
21          72-9-102, as last amended by Laws of Utah 2023, Chapter 296
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 72-7-406 is amended to read:
25          72-7-406. Oversize permits and oversize and overweight permits for vehicles of
26     excessive size or weight -- Applications -- Restrictions -- Fees -- Rulemaking provisions --
27     Penalty.

28          (1) (a) The department may, upon receipt of an application and good cause shown,
29     issue in writing an oversize permit or an oversize and overweight permit. The oversize permit
30     or oversize and overweight permit may authorize the applicant to operate or move upon a
31     highway:
32          (i) a vehicle or combination of vehicles, unladen or with a load weighing more than the
33     maximum weight specified in Section 72-7-404 for any wheel, axle, group of axles, or total
34     gross weight; or
35          (ii) a vehicle or combination of vehicles that exceeds the vehicle width, height, or
36     length provisions under Section 72-7-402 or draw-bar length restriction under Subsection
37     72-7-403(1)(a).
38          (b) Except as provided under Subsections (5) and (8),the department may not issue an
39     oversize and overweight permit under this section to allow the transportation of a load that is
40     reasonably divisible.
41          (c) The department may not authorize a maximum size or weight permit under this
42     section that could impair the state's ability to qualify for federal-aid highway funds.
43          (d) The department may deny or issue a permit under this section to protect the safety
44     of the traveling public and to protect highway foundation, surfaces, or structures from undue
45     damage by one or more of the following:
46          (i) limiting the number of trips the vehicle may make;
47          (ii) establishing seasonal or other time limits within which the vehicle may operate or
48     move on the highway indicated;
49          (iii) requiring insurance in addition to the permit to compensate for any potential
50     damage by the vehicle to any highway; and
51          (iv) otherwise limiting the conditions of operation or movement of the vehicle.
52          (e) Prior to granting a permit under this section, the department shall approve the route
53     of any vehicle or combination of vehicles.
54          (2) An application for a permit under this section shall state:
55          (a) the proposed maximum wheel loads, maximum axle loads, all axle spacings of each
56     vehicle or combination of vehicles;
57          (b) the proposed maximum load size and maximum size of each vehicle or
58     combination of vehicles;

59          (c) the specific roads requested to be used under authority of the permit; and
60          (d) if the permit is requested for a single trip or if other seasonal limits or time limits
61     apply.
62          (3) (a) The driver of each vehicle requiring an oversize permit or oversize and
63     overweight permit shall ensure that the permit is present in the vehicle or combination of
64     vehicles to which the permit refers and available for inspection by any peace officer, special
65     function officer, port of entry agent, or other personnel authorized by the department.
66          (b) A driver may provide proof of an oversize permit or oversize and overweight
67     permit as required in Subsection (3)(a) by showing an electronic copy of the permit.
68          (4) The department may not issue a permit under this section, and a permit is not valid,
69     unless the vehicle or combination of vehicles is:
70          (a) properly registered for the weight authorized by the permit; or
71          (b) registered for a gross laden weight of 78,001 pounds or over, if the gross laden
72     weight authorized by the permit exceeds 80,000 pounds.
73          (5) (a) (i) The department may issue an oversize permit under this section for a vehicle
74     or combination of vehicles that exceeds one or more of the maximum width, height, or length
75     provisions under Section 72-7-402.
76          (ii) Except for an annual oversize permit for an implement of husbandry under Section
77     72-7-407, for a permit issued under Subsection (5)(a)(iii), or for an annual oversize permit
78     issued under Subsection (5)(a)(iv), the department may issue only a single trip oversize permit
79     for a vehicle or combination of vehicles that is more than 14 feet 6 inches wide, 14 feet high, or
80     105 feet long.
81          (iii) An oversize permit may be issued for a vehicle or combination of vehicles with a
82     maximum height of 14 feet 6 inches high to allow the transportation of a load that is reasonably
83     divisible.
84          (iv) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
85     the department shall make rules for the issuance of an annual oversize permit for a vehicle or
86     combination of vehicles that is more than 14 feet 6 inches wide, 14 feet high, or 105 feet long
87     if the department determines that the permit is needed to accommodate highway transportation
88     needs for multiple trips on a specified route.
89          (b) The fee is $30 for a single trip oversize permit under this Subsection (5). This

90     permit is valid for not more than 96 continuous hours.
91          (c) The fee is $75 for a semiannual oversize permit under this Subsection (5). This
92     permit is valid for not more than 180 continuous days.
93          (d) The fee is $90 for an annual oversize permit under this Subsection (5). This permit
94     is valid for not more than 365 continuous days.
95          (6) (a) The department may issue an oversize and overweight permit under this section
96     for a vehicle or combination of vehicles carrying a nondivisible load that exceeds one or more
97     of the maximum weight provisions of Section 72-7-404 up to a gross weight of 125,000
98     pounds.
99          (b) The fee is $60 for a single trip oversize and overweight permit under this
100     Subsection (6). This permit is valid for not more than 96 continuous hours.
101          (c) A semiannual oversize and overweight permit under this Subsection (6) is valid for
102     not more than 180 continuous days. The fee for this permit is:
103          (i) $180 for a vehicle or combination of vehicles with gross vehicle weight of [more
104     than 80,000 pounds, but not exceeding] 84,000 pounds or less;
105          (ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more
106     than 84,000 pounds, but not exceeding 112,000 pounds; and
107          (iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more
108     than 112,000 pounds, but not exceeding 125,000 pounds.
109          (d) An annual oversize and overweight permit under this Subsection (6) is valid for not
110     more than 365 continuous days. The fee for this permit is:
111          (i) $240 for a vehicle or combination of vehicles with gross vehicle weight of [more
112     than 80,000 pounds, but not exceeding] 84,000 pounds or less;
113          (ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more
114     than 84,000 pounds, but not exceeding 112,000 pounds; and
115          (iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more
116     than 112,000 pounds, but not exceeding 125,000 pounds.
117          (7) (a) The department may issue a single trip oversize and overweight permit under
118     this section for a vehicle or combination of vehicles carrying a nondivisible load that exceeds:
119          (i) one or more of the maximum weight provisions of Section 72-7-404; or
120          (ii) a gross weight of 125,000 pounds.

121          (b) (i) The fee for a single trip oversize and overweight permit under this Subsection
122     (7), which is valid for not more than 96 continuous hours, is $.012 per mile for each 1,000
123     pounds above 80,000 pounds subject to the rounding described in Subsection (7)(c).
124          (ii) The minimum fee that may be charged under this Subsection (7) is $80.
125          (iii) The maximum fee that may be charged under this Subsection (7) is $540.
126          (c) (i) The miles used to calculate the fee under this Subsection (7) shall be rounded up
127     to the nearest 50 mile increment.
128          (ii) The pounds used to calculate the fee under this Subsection (7) shall be rounded up
129     to the nearest 25,000 pound increment.
130          (iii) The department shall round the dollar amount used to calculate the fee under this
131     Subsection (7) to the nearest $10 increment.
132          (8) (a) The department may issue an oversize and overweight permit under this section
133     for a vehicle or combination of vehicles carrying a divisible load if:
134          (i) the bridge formula under Subsection 72-7-404(3) is not exceeded; and
135          (ii) the length of the vehicle or combination of vehicles is:
136          (A) more than the limitations specified under Subsections 72-7-402(4)(c) and (d) or
137     Subsection 72-7-403(1)(a) but not exceeding 81 feet in cargo carrying length and the
138     application is for a single trip, semiannual trip, or annual trip permit; or
139          (B) more than 81 feet in cargo carrying length but not exceeding 95 feet in cargo
140     carrying length and the application is for an annual trip permit.
141          (b) The fee is $60 for a single trip oversize and overweight permit under this
142     Subsection (8). The permit is valid for not more than 96 continuous hours.
143          (c) The fee for a semiannual oversize and overweight permit under this Subsection (8),
144     which permit is valid for not more than 180 continuous days is:
145          (i) $180 for a vehicle or combination of vehicles with gross vehicle weight of more
146     than 80,000 pounds, but not exceeding 84,000 pounds;
147          (ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more
148     than 84,000 pounds, but not exceeding 112,000 pounds; and
149          (iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more
150     than 112,000 pounds, but not exceeding 129,000 pounds.
151          (d) The fee for an annual oversize and overweight permit under this Subsection (8),

152     which permit is valid for not more than 365 continuous days is:
153          (i) $240 for a vehicle or combination of vehicles with gross vehicle weight of more
154     than 80,000 pounds, but not exceeding 84,000 pounds;
155          (ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more
156     than 84,000 pounds, but not exceeding 112,000 pounds; and
157          (iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more
158     than 112,000 pounds, but not exceeding 129,000 pounds.
159          (9) Permit fees collected under this section shall be credited monthly to the
160     Transportation Fund.
161          (10) The department shall prepare maps, drawings, and instructions as guidance when
162     issuing permits under this section.
163          (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
164     the department shall make rules governing the issuance and revocation of all permits under this
165     section and Section 72-7-407.
166          (12) Any person who violates any of the terms or conditions of a permit issued under
167     this section:
168          (a) may have the person's permit revoked; and
169          (b) is guilty of an infraction, except that a violation of any rule made under Subsection
170     (11) is not subject to a criminal penalty.
171          Section 2. Section 72-9-102 is amended to read:
172          72-9-102. Definitions.
173          As used in this chapter:
174          (1) (a) "Commercial vehicle" includes:
175          (i) an interstate commercial vehicle; [and]
176          (ii) an intrastate commercial vehicle[.]; and
177          (iii) a tow truck.
178          (b) "Commercial vehicle" does not include the following vehicles for purposes of this
179     chapter:
180          (i) equipment owned and operated by the United States Department of Defense when
181     driven by any active duty military personnel and members of the reserves and national guard on
182     active duty including personnel on full-time national guard duty, personnel on part-time

183     training, and national guard military technicians and civilians who are required to wear military
184     uniforms and are subject to the code of military justice;
185          (ii) firefighting and emergency vehicles, operated by emergency personnel, not
186     including commercial tow trucks;
187          (iii) recreational vehicles that are driven solely as family or personal conveyances for
188     noncommercial purposes; or
189          (iv) vehicles owned by the state or a local government.
190          (2) "Interstate commercial vehicle" means a self-propelled or towed motor vehicle used
191     on a highway in interstate commerce to transport passengers or property if the vehicle:
192          (a) has a gross vehicle weight rating or gross vehicle weight of 10,001 or more pounds,
193     or gross combination weight rating or gross combination weight of 10,001 or more pounds,
194     whichever is greater;
195          (b) is designed or used to transport more than eight passengers, including the driver, for
196     compensation;
197          (c) is designed or used to transport more than 15 passengers, including the driver, and
198     is not used to transport passengers for compensation; or
199          (d) (i) is used to transport materials designated as hazardous in accordance with 49
200     U.S.C. Sec. 5103; and
201          (ii) is required to be placarded in accordance with regulations under 49 C.F.R., Subtitle
202     B, Chapter I, Subchapter C.
203          (3) "Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or
204     semitrailer used or maintained for business, compensation, or profit to transport passengers or
205     property on a highway only within the boundaries of this state if the commercial vehicle:
206          (a) (i) has a manufacturer's gross vehicle weight rating or gross vehicle weight, or gross
207     combination weight rating or gross combination weight of 26,001 or more pounds, whichever
208     is greater, and is operated by an individual who is 18 years old or older; or
209          (ii) has a manufacturer's gross vehicle weight rating or gross combination weight rating
210     of 16,001 or more pounds and is operated by an individual who is under 18 years old;
211          (b) (i) is designed to transport more than 15 passengers, including the driver; or
212          (ii) is designed to transport more than 12 passengers, including the driver, and has a
213     manufacturer's gross vehicle weight rating or gross combination weight rating of 13,000 or

214     more pounds; or
215          (c) is used in the transportation of hazardous materials and is required to be placarded
216     in accordance with 49 C.F.R. Part 172, Subpart F.
217          (4) "Motor carrier" means a person engaged in or transacting the business of
218     transporting passengers, freight, merchandise, or other property by a commercial vehicle on a
219     highway within this state and includes a tow truck business.
220          (5) "Owner" as pertaining to a vehicle, vessel, or outboard motor, means the same as
221     that term is defined in Section 41-1a-102.
222          (6) "Property owner" means the owner or lessee of real property.
223          (7) "State impound yard" means the same as that term is defined in Section 41-1a-102.
224          (8) "Tow truck" means a motor vehicle constructed, designed, altered, or equipped
225     primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or
226     impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow
227     line, dolly, tilt bed, or other means.
228          (9) "Tow truck motor carrier" means a motor carrier that is engaged in or transacting
229     business for tow truck services.
230          (10) "Tow truck operator" means an individual that performs operations related to a
231     tow truck service as an employee or as an independent contractor on behalf of a tow truck
232     motor carrier.
233          (11) "Tow truck service" means the functions and any ancillary operations associated
234     with recovering, removing, and towing a vehicle and its load from a highway or other place by
235     means of a tow truck.
236          (12) "Transportation" means the actual movement of property or passengers by motor
237     vehicle, including loading, unloading, and any ancillary service provided by the motor carrier
238     in connection with movement by motor vehicle, which is performed by or on behalf of the
239     motor carrier, its employees or agents, or under the authority of the motor carrier, its employees
240     or agents, or under the apparent authority and with the knowledge of the motor carrier.
241          Section 3. Effective date.
242          This bill takes effect on May 1, 2024.