1st Sub. H.B. 440
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: B. Hess 6
6 02-20-23 2:25 PM 6
H.B. 440
1st Sub. (Buff)
Representative Kay J. Christofferson proposes the following substitute bill:
1 INTRASTATE COMMERCI AL VEHICLE AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kay J. Christofferson
5 Senate Sponsor: Michael K. McKell
6
7LONG TITLE
8General Description:
9 This bill amends the definition of an interstate and intrastate commercial vehicle and
10amends the gross vehicle weight requirement for stopping at a port-of-entry.
11Highlighted Provisions:
12 This bill:
13 <amends the definition of an interstate and intrastate commercial vehicle by
14increasing the gross vehicle weight rating and gross vehicle weight from 26,000 or
15more pounds to 26,001 or more pounds; and
16 <amends the gross vehicle weight or gross combination weight requirement for a
17vehicle to stop at a port-of-entry from 10,001 or more pounds to 26,001 or more
18pounds.
19Money Appropriated in this Bill:
20 None
21Other Special Clauses:
22 None
23Utah Code Sections Affected:
24AMENDS:
25 53-3-102, as last amended by Laws of Utah 2022, Chapter 162
*HB0440S01* 1st Sub. (Buff) H.B. 440 02-20-23 2:25 PM
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26 72-9-102, as last amended by Laws of Utah 2021, Chapter 118
27 72-9-502, as last amended by Laws of Utah 2021, Chapter 239
28
29Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53-3-102 is amended to read:
31 53-3-102. Definitions.
32 As used in this chapter:
33 (1) "Autocycle" means a motor vehicle that:
34 (a) is designed to travel with three or fewer wheels in contact with the ground; and
35 (b) is equipped with:
36 (i) a steering mechanism;
37 (ii) seat belts; and
38 (iii) seating that does not require the operator to straddle or sit astride the motor
39vehicle.
40 (2) "Cancellation" means the termination by the division of a license issued through
41error or fraud or for which consent under Section 53-3-211 has been withdrawn.
42 (3) "Class D license" means the class of license issued to drive motor vehicles not
43defined as commercial motor vehicles or motorcycles under this chapter.
44 (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
45permit:
46 (a) issued under Section 53-3-408; or
47 (b) issued by a state or other jurisdiction of domicile in compliance with the standards
48contained in 49 C.F.R. Part 383.
49 (5) "Commercial driver license" or "CDL" means a license:
50 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
5199-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
52Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
53commercial motor vehicle; and
54 (b) that was obtained by providing evidence of lawful presence in the United States
55with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
56 (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a 02-20-23 2:25 PM 1st Sub. (Buff) H.B. 440
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57driving record that:
58 (i) applies to a person who holds or is required to hold a commercial driver instruction
59permit or a CDL license; and
60 (ii) contains the following:
61 (A) information contained in the driver history, including convictions, pleas held in
62abeyance, disqualifications, and other licensing actions for violations of any state or local law
63relating to motor vehicle traffic control, committed in any type of vehicle;
64 (B) driver self-certification status information under Section 53-3-410.1; and
65 (C) information from medical certification record keeping in accordance with 49
66C.F.R. Sec. 383.73(o).
67 (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
68motor vehicle record described in Subsection (30).
69 (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
70vehicles designed or used to transport passengers or property if the motor vehicle:
71 (i) has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds,
72or gross combination weight rating or gross combination weight of 26,001 or more pounds or a
73lesser rating as determined by federal regulation;
74 (ii) is designed to transport 16 or more passengers, including the driver; or
75 (iii) is transporting hazardous materials and is required to be placarded in accordance
76with 49 C.F.R. Part 172, Subpart F.
77 (b) The following vehicles are not considered a commercial motor vehicle for purposes
78of Part 4, Uniform Commercial Driver License Act:
79 (i) equipment owned and operated by the United States Department of Defense when
80driven by any active duty military personnel and members of the reserves and national guard on
81active duty including personnel on full-time national guard duty, personnel on part-time
82training, and national guard military technicians and civilians who are required to wear military
83uniforms and are subject to the code of military justice;
84 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
85machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
86as a motor carrier for hire;
87 (iii) firefighting and emergency vehicles; 1st Sub. (Buff) H.B. 440 02-20-23 2:25 PM
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88 (iv) recreational vehicles that are not used in commerce and are driven solely as family
89or personal conveyances for recreational purposes; and
90 (v) vehicles used to provide transportation network services, as defined in Section
9113-51-102.
92 (8) "Conviction" means any of the following:
93 (a) an unvacated adjudication of guilt or a determination that a person has violated or
94failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
95 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
96appearance in court;
97 (c) a plea of guilty or nolo contendere accepted by the court;
98 (d) the payment of a fine or court costs; or
99 (e) violation of a condition of release without bail, regardless of whether the penalty is
100rebated, suspended, or probated.
101 (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
102which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
103do not apply.
104 (10) "Director" means the division director appointed under Section 53-3-103.
105 (11) "Disqualification" means either:
106 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
107of a person's privileges to drive a commercial motor vehicle;
108 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
109that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
110391; or
111 (c) the loss of qualification that automatically follows conviction of an offense listed in
11249 C.F.R. Part 383.51.
113 (12) "Division" means the Driver License Division of the department created in
114Section 53-3-103.
115 (13) "Downgrade" means to obtain a lower license class than what was originally
116issued during an existing license cycle.
117 (14) "Drive" means:
118 (a) to operate or be in physical control of a motor vehicle upon a highway; and 02-20-23 2:25 PM 1st Sub. (Buff) H.B. 440
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119 (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
12053-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
121the state.
122 (15) (a) "Driver" means an individual who drives, or is in actual physical control of a
123motor vehicle in any location open to the general public for purposes of vehicular traffic.
124 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
125who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
126federal law.
127 (16) "Driving privilege card" means the evidence of the privilege granted and issued
128under this chapter to drive a motor vehicle to a person whose privilege was obtained without
129providing evidence of lawful presence in the United States.
130 (17) "Electronic license certificate" means the evidence, in an electronic format as
131described in Section 53-3-235, of a privilege granted under this chapter to drive a motor
132vehicle.
133 (18) "Extension" means a renewal completed in a manner specified by the division.
134 (19) "Farm tractor" means every motor vehicle designed and used primarily as a farm
135implement for drawing plows, mowing machines, and other implements of husbandry.
136 (20) "Highway" means the entire width between property lines of every way or place of
137any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
138 (21) "Human driver" means the same as that term is defined in Section 41-26-102.1.
139 (22) "Identification card" means a card issued under Part 8, Identification Card Act, to
140a person for identification purposes.
141 (23) "Indigent" means that a person's income falls below the federal poverty guideline
142issued annually by the [U.S.] United States Department of Health and Human Services in the
143Federal Register.
144 (24) "License" means the privilege to drive a motor vehicle.
145 (25) (a) "License certificate" means the evidence of the privilege issued under this
146chapter to drive a motor vehicle.
147 (b) "License certificate" evidence includes:
148 (i) a regular license certificate;
149 (ii) a limited-term license certificate; 1st Sub. (Buff) H.B. 440 02-20-23 2:25 PM
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150 (iii) a driving privilege card;
151 (iv) a CDL license certificate;
152 (v) a limited-term CDL license certificate;
153 (vi) a temporary regular license certificate;
154 (vii) a temporary limited-term license certificate; and
155 (viii) an electronic license certificate created in Section 53-3-235.
156 (26) "Limited-term commercial driver license" or "limited-term CDL" means a license:
157 (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
15899-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
159Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
160commercial motor vehicle; and
161 (b) that was obtained by providing evidence of lawful presence in the United States
162with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
163 (27) "Limited-term identification card" means an identification card issued under this
164chapter to a person whose card was obtained by providing evidence of lawful presence in the
165United States with one of the document requirements described in Subsection
16653-3-804(2)(i)(ii).
167 (28) "Limited-term license certificate" means the evidence of the privilege granted and
168issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
169providing evidence of lawful presence in the United States with one of the document
170requirements described in Subsection 53-3-205(8)(a)(ii)(B).
171 (29) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
172 (30) "Motor vehicle record" or "MVR" means a driving record under Subsection
17353-3-109(6)(a).
174 (31) "Motorboat" means the same as that term is defined in Section 73-18-2.
175 (32) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
176saddle for the use of the rider and designed to travel with not more than three wheels in contact
177with the ground.
178 (33) "Office of Recovery Services" means the Office of Recovery Services, created in
179Section 62A-11-102.
180 (34) "Operate" means the same as that term is defined in Section 41-1a-102. 02-20-23 2:25 PM 1st Sub. (Buff) H.B. 440
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181 (35) (a) "Owner" means a person other than a lien holder having an interest in the
182property or title to a vehicle.
183 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
184a security interest in another person but excludes a lessee under a lease not intended as security.
185 (36) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge,
186or other financial penalty imposed on an individual by a court or other government entity.
187 (37) (a) "Private passenger carrier" means any motor vehicle for hire that is:
188 (i) designed to transport 15 or fewer passengers, including the driver; and
189 (ii) operated to transport an employee of the person that hires the motor vehicle.
190 (b) "Private passenger carrier" does not include:
191 (i) a taxicab;
192 (ii) a motor vehicle driven by a transportation network driver as defined in Section
19313-51-102;
194 (iii) a motor vehicle driven for transportation network services as defined in Section
19513-51-102; and
196 (iv) a motor vehicle driven for a transportation network company as defined in Section
19713-51-102 and registered with the Division of Consumer Protection as described in Section
19813-51-104.
199 (38) "Regular identification card" means an identification card issued under this
200chapter to a person whose card was obtained by providing evidence of lawful presence in the
201United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
202 (39) "Regular license certificate" means the evidence of the privilege issued under this
203chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful
204presence in the United States with one of the document requirements described in Subsection
20553-3-205(8)(a)(ii)(A).
206 (40) "Renewal" means to validate a license certificate so that it expires at a later date.
207 (41) "Reportable violation" means an offense required to be reported to the division as
208determined by the division and includes those offenses against which points are assessed under
209Section 53-3-221.
210 (42) (a) "Resident" means an individual who:
211 (i) has established a domicile in this state, as defined in Section 41-1a-202, or 1st Sub. (Buff) H.B. 440 02-20-23 2:25 PM
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212regardless of domicile, remains in this state for an aggregate period of six months or more
213during any calendar year;
214 (ii) engages in a trade, profession, or occupation in this state, or who accepts
215employment in other than seasonal work in this state, and who does not commute into the state;
216 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
217license certificate or motor vehicle registration; or
218 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
219to nonresidents, including going to school, or placing children in school without paying
220nonresident tuition or fees.
221 (b) "Resident" does not include any of the following:
222 (i) a member of the military, temporarily stationed in this state;
223 (ii) an out-of-state student, as classified by an institution of higher education,
224regardless of whether the student engages in any type of employment in this state;
225 (iii) a person domiciled in another state or country, who is temporarily assigned in this
226state, assigned by or representing an employer, religious or private organization, or a
227governmental entity; or
228 (iv) an immediate family member who resides with or a household member of a person
229listed in Subsections (42)(b)(i) through (iii).
230 (43) "Revocation" means the termination by action of the division of a licensee's
231privilege to drive a motor vehicle.
232 (44) (a) "School bus" means a commercial motor vehicle used to transport pre-primary,
233primary, or secondary school students to and from home and school, or to and from school
234sponsored events.
235 (b) "School bus" does not include a bus used as a common carrier as defined in Section
23659-12-102.
237 (45) "Suspension" means the temporary withdrawal by action of the division of a
238licensee's privilege to drive a motor vehicle.
239 (46) "Taxicab" means any class D motor vehicle transporting any number of
240passengers for hire and that is subject to state or federal regulation as a taxi.
241 Section 2. Section 72-9-102 is amended to read:
242 72-9-102. Definitions. 02-20-23 2:25 PM 1st Sub. (Buff) H.B. 440
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243 As used in this chapter:
244 (1) (a) "Commercial vehicle" includes:
245 (i) an interstate commercial vehicle; and
246 (ii) an intrastate commercial vehicle.
247 (b) "Commercial vehicle" does not include the following vehicles for purposes of this
248chapter:
249 (i) equipment owned and operated by the United States Department of Defense when
250driven by any active duty military personnel and members of the reserves and national guard on
251active duty including personnel on full-time national guard duty, personnel on part-time
252training, and national guard military technicians and civilians who are required to wear military
253uniforms and are subject to the code of military justice;
254 (ii) firefighting and emergency vehicles, operated by emergency personnel, not
255including commercial tow trucks;
256 (iii) recreational vehicles that are driven solely as family or personal conveyances for
257noncommercial purposes; or
258 (iv) vehicles owned by the state or a local government.
259 (2) "Interstate commercial vehicle" means a self-propelled or towed motor vehicle used
260on a highway in interstate commerce to transport passengers or property if the vehicle:
261 (a) has a gross vehicle weight rating or gross vehicle weight of 10,001 or more pounds,
262or gross combination weight rating [of 10,001 or more pounds;] or gross combination weight
263of 10,001 or more pounds, whichever is greater;
264 (b) is designed or used to transport more than eight passengers, including the driver, for
265compensation;
266 (c) is designed or used to transport more than 15 passengers, including the driver, and
267is not used to transport passengers for compensation; or
268 (d) (i) is used to transport materials designated as hazardous in accordance with 49
269U.S.C. Sec. 5103; and
270 (ii) is required to be placarded in accordance with regulations under 49 C.F.R., Subtitle
271B, Chapter I, Subchapter C.
272 (3) "Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or
273semitrailer used or maintained for business, compensation, or profit to transport passengers or 1st Sub. (Buff) H.B. 440 02-20-23 2:25 PM
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274property on a highway only within the boundaries of this state if the commercial vehicle:
275 (a) (i) has a manufacturer's gross vehicle weight rating or gross vehicle weight, or gross
276combination weight rating [of 26,000 or more pounds] or gross combination weight of 26,001
277or more pounds, whichever is greater, and is operated by an individual who is 18 years old or
278older; or
279 (ii) has a manufacturer's gross vehicle weight rating or gross combination weight rating
280of 16,001 or more pounds and is operated by an individual who is under 18 years old;
281 (b) (i) is designed to transport more than 15 passengers, including the driver; or
282 (ii) is designed to transport more than 12 passengers, including the driver, and has a
283manufacturer's gross vehicle weight rating or gross combination weight rating of 13,000 or
284more pounds; or
285 (c) is used in the transportation of hazardous materials and is required to be placarded
286in accordance with 49 C.F.R. Part 172, Subpart F.
287 (4) "Motor carrier" means a person engaged in or transacting the business of
288transporting passengers, freight, merchandise, or other property by a commercial vehicle on a
289highway within this state and includes a tow truck business.
290 (5) "Owner" as pertaining to a vehicle, vessel, or outboard motor, means the same as
291that term is defined in Section 41-1a-102.
292 (6) "Property owner" means the owner or lessee of real property.
293 (7) "State impound yard" means the same as that term is defined in Section 41-1a-102.
294 (8) "Tow truck" means a motor vehicle constructed, designed, altered, or equipped
295primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or
296impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow
297line, dolly, tilt bed, or other means.
298 (9) "Tow truck motor carrier" means a motor carrier that is engaged in or transacting
299business for tow truck services.
300 (10) "Tow truck operator" means an individual that performs operations related to a
301tow truck service as an employee or as an independent contractor on behalf of a tow truck
302motor carrier.
303 (11) "Tow truck service" means the functions and any ancillary operations associated
304with recovering, removing, and towing a vehicle and its load from a highway or other place by 02-20-23 2:25 PM 1st Sub. (Buff) H.B. 440
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305means of a tow truck.
306 (12) "Transportation" means the actual movement of property or passengers by motor
307vehicle, including loading, unloading, and any ancillary service provided by the motor carrier
308in connection with movement by motor vehicle, which is performed by or on behalf of the
309motor carrier, its employees or agents, or under the authority of the motor carrier, its employees
310or agents, or under the apparent authority and with the knowledge of the motor carrier.
311 Section 3. Section 72-9-502 is amended to read:
312 72-9-502. Motor vehicles to stop at ports-of-entry -- Signs -- Exceptions --
313Rulemaking -- By-pass permits.
314 (1) Except under Subsection (3), a motor carrier operating a motor vehicle with a gross
315vehicle weight [of 10,001 pounds or more] or gross combination weight of 26,001 or more
316pounds, whichever is greater, shall stop at a port-of-entry as required under this section.
317 (2) The department may erect and maintain signs directing motor vehicles to a
318port-of-entry as provided in this section.
319 (3) A motor vehicle required to stop at a port-of-entry under Subsection (1) is exempt
320from this section if:
321 (a) the total one-way trip distance for the motor vehicle would be increased by more
322than 5% or three miles, whichever is greater if diverted to a port-of-entry;
323 (b) the motor vehicle is operating under a temporary port-of-entry by-pass permit
324issued under Subsection (4); or
325 (c) the motor vehicle is an implement of husbandry as defined in Section 41-1a-102
326being operated only incidentally on a highway as described in Section 41-1a-202.
327 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
328the department shall make rules for the issuance of a temporary port-of-entry by-pass permit
329exempting a motor vehicle from the provisions of Subsection (1) if the department determines
330that the permit is needed to accommodate highway transportation needs due to multiple daily or
331weekly trips in the proximity of a port-of-entry.
332 (b) The rules under Subsection (4)(a) shall provide that one permit may be issued to a
333motor carrier for multiple motor vehicles.