Utah Code 72-9-501. Construction, operation, and maintenance of ports-of-entry by the department — Function of ports-of-entry — Checking and citation powers of port-of-entry agents
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(1)
Terms Used In Utah Code 72-9-501
- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Port-of-entry: includes inspection and checking stations and weigh stations. See Utah Code 72-1-102
- Port-of-entry agent: means a person employed at a port-of-entry to perform the duties specified in Section 72-9-501. 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
(1)(a) The department shall construct ports-of-entry for the purpose of checking motor carriers, drivers, vehicles, and vehicle loads for compliance with state and federal laws including laws relating to:
(1)(a)(i) driver qualifications;
(1)(a)(iii) vehicle registration;
(1)(a)(iv) fuel tax payment;
(1)(a)(v) vehicle size, weight, and load;
(1)(a)(vi) security or insurance;
(1)(a)(vii) this chapter;
(1)(a)(viii) hazardous material as defined under 49 U.S.C. § 5102; and
(1)(a)(ix) safety.
(1)(b) The ports-of-entry shall be located on state highways at sites determined by the department.
(2)
(2)(a) The ports-of-entry shall be operated and maintained by the department.
(2)(b) A port-of-entry agent or a peace officer may check, inspect, or test drivers, vehicles, and vehicle loads for compliance with state and federal laws specified in Subsection (1).
(3)
(3)(a) A port-of-entry agent or a peace officer, in whose presence an offense described in this section is committed, may:
(3)(a)(i) issue and deliver a misdemeanor or infraction citation under Section 77-7-18;
(3)(a)(ii) request and administer chemical tests to determine blood alcohol concentration in compliance with Section 41-6a-515;
(3)(a)(iii) place a driver out-of-service in accordance with Section 53-3-417; and
(3)(a)(iv) serve a driver with notice of the Driver License Division of the Department of Public Safety’s intention to disqualify the driver’s privilege to drive a commercial motor vehicle in accordance with Section 53-3-418.
(3)(b) This section does not grant actual arrest powers as defined in Section 77-7-1 to a port-of-entry agent who is not a peace officer or special function officer designated under Title 53, Chapter 13, Peace Officer Classifications.
(4)
(4)(a) A port-of-entry agent, a peace officer, or the Division of Wildlife Resources may inspect, detain, or quarantine a conveyance or equipment in accordance with Sections 23A-10-301 and 23A-10-302.
(4)(b) The department is not responsible for decontaminating a conveyance or equipment detained or quarantined.
(4)(c) The Division of Wildlife Resources may decontaminate, as defined in Section 23A-10-101, a conveyance or equipment at the port-of-entry if authorized by the department.