(1)

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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.