Utah Code 72-1-201. Creation of Department of Transportation — Functions, powers, duties, rights, and responsibilities
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(1) There is created the Department of Transportation which shall:
Terms Used In Utah Code 72-1-201
- Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State highway: means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act. See Utah Code 72-1-102
- State transportation systems: means all streets, alleys, roads, highways, pathways, and thoroughfares of any kind, including connected structures, airports, aerial corridor infrastructure, spaceports, public transit facilities, and all other modes and forms of conveyance used by the public. See Utah Code 72-1-102
- Statute: A law passed by a legislature.
(1)(a) have the general responsibility for planning, research, design, construction, maintenance, security, and safety of state transportation systems;
(1)(b) provide administration for state transportation systems and programs;
(1)(c) implement the transportation policies of the state;
(1)(d) plan, develop, construct, and maintain state transportation systems that are safe, reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and industry;
(1)(e) establish standards and procedures regarding the technical details of administration of the state transportation systems as established by statute and administrative rule;
(1)(f) advise the governor and the Legislature about state transportation systems needs;
(1)(g) coordinate with utility companies for the reasonable, efficient, and cost-effective installation, maintenance, operation, relocation, and upgrade of utilities within state highway rights-of-way;
(1)(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules for the administration of the department, state transportation systems, and programs;
(1)(i) jointly with the commission annually report to the Transportation Interim Committee, by November 30 of each year, as to the operation, maintenance, condition, mobility, safety needs, and wildlife and livestock mitigation for state transportation systems;
(1)(j) ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102 , complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:
(1)(j)(i) under this title;
(1)(j)(ii) by the department; or
(1)(j)(iii) by an agency or division within the department;
(1)(k) study and make recommendations to the Legislature on potential managed lane use and implementation on selected transportation systems within the state;
(1)(l) before July 1 of each year, coordinate with the Utah Highway Patrol Division created in Section 53-8-103 regarding:
(1)(l)(i) future highway projects that will add additional capacity to the state transportation system;
(1)(l)(ii) potential changes in law enforcement responsibilities due to future highway projects; and
(1)(l)(iii) incident management services on state highways; and
(1)(m) provide public transit services, in consultation with any relevant public transit provider.
(2)
(2)(a) The department shall exercise reasonable care in designing, constructing, and maintaining a state highway in a reasonably safe condition for travel.
(2)(b) Nothing in this section shall be construed as:
(2)(b)(i) creating a private right of action; or
(2)(b)(ii) expanding or changing the department’s common law duty as described in Subsection (2)(a) for liability purposes.