Utah Code 72-9-502. Motor vehicles to stop at ports-of-entry — Signs — Exceptions — Rulemaking — By-pass permits
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(1) Except as provided in Subsections (3) and (5), a motor carrier operating a motor vehicle with a gross vehicle weight or gross combination weight of 26,001 or more pounds, whichever is greater, shall stop at a port-of-entry as required under this section.
Terms Used In Utah Code 72-9-502
- 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
- Implement of husbandry: has the meaning set forth in Section 41-1a-102. 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
- Port-of-entry: includes inspection and checking stations and weigh stations. See Utah Code 72-1-102
- 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) The department may erect and maintain signs directing motor vehicles to a port-of-entry as provided in this section.
(3) A motor vehicle required to stop at a port-of-entry under Subsection (1) is exempt from this section if:
(3)(a) the total one-way trip distance for the motor vehicle would be increased by more than 5% or three miles, whichever is greater if diverted to a port-of-entry;
(3)(b) the motor vehicle is operating under a temporary port-of-entry by-pass permit issued under Subsection (4); or
(3)(c) the motor vehicle is an implement of husbandry as defined in Section 41-1a-102 being operated only incidentally on a highway as described in Section 41-1a-202 .
(4)
(4)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules for the issuance of a temporary port-of-entry by-pass permit exempting a motor vehicle from the provisions of Subsection (1) if the department determines that the permit is needed to accommodate highway transportation needs due to multiple daily or weekly trips in the proximity of a port-of-entry.
(4)(b) The rules under Subsection (4)(a) shall provide that one permit may be issued to a motor carrier for multiple motor vehicles.
(5) If a port-of-entry is subject to an agreement entered into pursuant to Section 72-9-503 , the department may apply the lowest gross vehicle weight or gross combination weight applicable to the relevant port-of-entry.