Utah Code 72-9-201. Motor Carrier Advisory Board created — Appointment — Terms — Meetings — Per diem and expenses — Duties
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(1) There is created within the department the Motor Carrier Advisory Board consisting of five members appointed by the department.
Terms Used In Utah Code 72-9-201
- Commission: means the Transportation Commission created under Section 72-1-301. 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
- 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
- Quorum: The number of legislators that must be present to do business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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
- Transportation: means the actual movement of property or passengers by motor vehicle, including loading, unloading, and any ancillary service provided by the motor carrier in connection with movement by motor vehicle, which is performed by or on behalf of the motor carrier, its employees or agents, or under the authority of the motor carrier, its employees or agents, or under the apparent authority and with the knowledge of the motor carrier. See Utah Code 72-9-102
(2) Each member of the board shall:
(2)(a) represent experience and expertise in the areas of motor carrier transportation, commerce, agriculture, economics, shipping, or highway safety;
(2)(b) be selected at large on a nonpartisan basis; and
(2)(c) have been a legal resident of the state for at least one year immediately preceding the date of appointment.
(3)
(3)(a) Except as required by Subsection (3)(b), as terms of current board members expire, the department shall appoint each new member or reappointed member to a four-year term.
(3)(b) The department shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(3)(c) A member shall serve from the date of appointment until a replacement is appointed.
(4) When a vacancy occurs in the membership for any reason, the department shall appoint the replacement to serve for the remainder of the unexpired term beginning the day following the day on which the vacancy occurs.
(5) The board shall elect its own chair and vice chair at the first regular meeting of each calendar year.
(6) The board shall meet at least twice per year or as needed when called by the chair.
(7) Any three voting members constitute a quorum for the transaction of business that comes before the board.
(8) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(8)(a) Section 63A-3-106;
(8)(b) Section 63A-3-107; and
(9) The board shall advise the department and the commission on interpretation, adoption, and implementation of this chapter and other motor carrier related issues.
(10) The department shall provide staff support to the board.