Utah Code 72-9-103. Rulemaking — Motor vehicle liability coverage for certain motor carriers — Adjudicative proceedings
Current as of: 2024 | Check for updates
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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules:
Terms Used In Utah Code 72-9-103
- Commercial vehicle: includes :(1)(a)(i) an interstate commercial vehicle;(1)(a)(ii) an intrastate commercial vehicle; and(1)(a)(iii) a tow truck. See Utah Code 72-9-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Motor carrier: means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property by a commercial vehicle on a highway within this state and includes a tow truck business. See Utah Code 72-9-102
- Tow truck: means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line, dolly, tilt bed, or other means. See Utah Code 72-9-102
(1)(a) adopting by reference in whole or in part the Federal Motor Carrier Safety Regulations including minimum security requirements for motor carriers;(1)(b) specifying the equipment required to be carried in each tow truck, including limits on loads that may be moved based on equipment capacity and load weight; and(1)(c) providing for the necessary administration and enforcement of this chapter.
(2)
(2)(a) Notwithstanding Subsection (1)(a), the department shall not require a motor carrier to comply with 49 C.F.R. Part 387 Subpart B if the motor carrier is:
(2)(a)(i) engaging in or transacting the business of transporting passengers by an intrastate commercial vehicle that has a seating capacity of no more than 30 passengers; and
(2)(a)(ii) a licensed child care provider under Section 26B-2-403.
(2)(b) Policies containing motor vehicle liability coverage for a motor carrier described under Subsection (2)(a) shall require minimum coverage of:
(2)(b)(i) $1,000,000 for a vehicle with a seating capacity of up to 20 passengers; or
(2)(b)(ii) $1,500,000 for a vehicle with a seating capacity of up to 30 passengers.
(3) The department shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.