reglab/statecodes huggingface dataset:
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 501 - Purpose of part -- Utah-Federal Agreements ratified.

72-7-501.
Purpose of part -- Utah-Federal Agreements ratified.
(1) The purpose of this part is to provide the statutory basis for the regulation of outdoor advertising consistent with zoning principles and standards and the public policy of this state in providing public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in highways, to preserve the natural scenic beauty of lands bordering on highways, and to ensure that outdoor advertising shall be continued as a standardized medium of communication throughout the state so that it is preserved and can continue to provide general information in the specific interest of the traveling public safely and effectively.
(2) It is the purpose of this part to provide a statutory basis for the reasonable regulation of outdoor advertising consistent with the customary use, zoning principles and standards, the protection of private property rights, and the public policy relating to areas adjacent to the interstate, federal aid primary highway existing as of June 1, 1991, and the national highway systems highways.
(3) The agreement entered into between the governor of the state of Utah and the Secretary of Transportation of the United States dated January 18, 1968, regarding the size, lighting, and spacing of outdoor advertising which may be erected and maintained within areas adjacent to the interstate, federal aid primary highway existing as of June 1, 1991, and national highway systems highways which are zoned commercial or industrial or in other unzoned commercial or industrial areas as defined pursuant to the terms of the agreement is hereby ratified and approved, subject to subsequent amendments.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 503 - Advertising -- Permit required -- Penalty for violation.

Effective 5/10/2016
72-7-503.
Advertising -- Permit required -- Penalty for violation.
(1) It is unlawful for any person to place any form of advertising upon any part of the public domain, or within 660 feet of a public highway, except within the corporate limits of a city or town, and except upon land in private ownership situated along the highway, without first receiving a permit from the department, if a state highway, or from the county executive, if a county road.
(2) Any person who violates this section is guilty of a class B misdemeanor.
Amended by Chapter 299, 2016 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 504.5 - Public assembly facility signs -- Restrictions.

72-7-504.5.
Public assembly facility signs -- Restrictions.
(1) Signs on the premises of a public assembly facility that do not bring rental income to the owner of the public assembly facility may advertise:
(a) the name of the facility, including identifiable venues or stores within the facility; and
(b) principal or accessory products or services offered on the property and activities conducted on the property as permitted by 23 C.F.R. Section 750.709, including:
(i) events being conducted in the facility or upon the premises, including the sponsor of the current event; and
(ii) products or services sold at the facility and activities conducted on the property that produce significant income to the operation of the facility.
(2) An advertising structure described in Subsection (1):
(a) shall be located on a public assembly facility or on a parcel contiguous to the public assembly facility;
(b) shall be under the same ownership as the public assembly facility; and
(c) may not be separated from the public assembly facility by a public road.
(3) An advertising structure described in Subsection (1) may only promote a maximum of seven major sponsors and the sponsor of a current event at any one time.
(4) An advertising structure described in Subsection (1) may not be located on narrow land held by easement or anything other than a fee interest unless it is a part of a public assembly facility.
(5) A public assembly facility is exempt from the requirement under this part to have a state outdoor advertising permit.
Amended by Chapter 346, 2011 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 506 - Advertising -- Regulatory power of department -- Notice requirements.

72-7-506.
Advertising -- Regulatory power of department -- Notice requirements.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules no more restrictive than this chapter to:
(a) control the erection and maintenance of outdoor advertising along the interstate and primary highway systems;
(b) provide for enforcement of this chapter;
(c) establish the form, content, and submittal of applications to erect outdoor advertising; and
(d) establish administrative procedures.
(2) In addition to all other statutory notice requirements:
(a) the department shall give reasonably timely written notice to all outdoor advertising permit holders of any changes or proposed changes in administrative rules made under authority of this part; and
(b) any county, municipality, or governmental entity shall, upon written request, give reasonably timely written notice to all outdoor advertising permit holders within its jurisdiction of any change or proposed change to the outdoor or off-premise advertising provisions of its zoning provisions, codes, or ordinances.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 507 - Advertising -- Permits -- Application requirements -- Duration -- Fees.

72-7-507.
Advertising -- Permits -- Application requirements -- Duration -- Fees.
(1)
(a) Outdoor advertising may not be maintained without a current permit.
(b) Applications for permits shall be made to the department on forms furnished by it.
(c) A permit must be obtained prior to installing each outdoor sign.
(d) The application for a permit shall be accompanied by an initial fee established under Section 63J-1-504.
(2)
(a) Each permit issued by the department is valid for a period of up to five years and shall expire on June 30 of the fifth year of the permit, or upon the expiration or termination of the right to use the property, whichever is sooner.
(b) Upon renewal, each permit may be renewed for periods of up to five years upon the filing of a renewal application and payment of a renewal fee established under Section 63J-1-504.
(3) Sign owners residing outside the state shall provide the department with a continuous performance bond in the amount of $2,500.
(4) Fees may not be prorated for fractions of the permit period. Advertising copy may be changed at any time without payment of an additional fee.
(5)
(a) Each sign shall have its permit continuously affixed to the sign in a position visible from the nearest traveled portion of the highway.
(b) The permit shall be affixed to the sign structure within 30 days after delivery by the department to the permit holder, or within 30 days of the installation date of the sign structure.
(c) Construction of the sign structure shall begin within 180 days after delivery of the permit by the department to the permit holder and construction shall be completed within 365 days after delivery of the permit.
(6) The department may not accept any applications for a permit or issue any permit to erect or maintain outdoor advertising within 500 feet of a permitted sign location except to the permit holder or the permit holder's assigns until the permit has expired or has been terminated pursuant to the procedures under Section 72-7-508.
(7) Permits are transferrable if the ownership of the permitted sign is transferred.
(8) Conforming, permitted sign structures may be altered, changed, remodeled, and relocated subject to the provisions of Subsection (6).
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 509 - Existing outdoor advertising not in conformity with part -- When removal required -- When relocation allowed.

72-7-509.
Existing outdoor advertising not in conformity with part -- When removal required -- When relocation allowed.
(1) Any outdoor advertising lawfully in existence along the interstate or the primary systems on May 9, 1967, and which is not then in conformity with its provisions is not required to be removed until five years after it becomes nonconforming or pursuant to the provisions of Section 72-7-510.
(2) Any existing outdoor advertising structure that does not comply with Section 72-7-505, but that is located in an industrial and commercial area, an unzoned industrial and commercial area, or an area where outdoor advertising would otherwise be permitted, may be remodeled and relocated on the same property in a commercial or industrial zoned area, or another area where outdoor advertising would otherwise be permitted under this part.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 510.5 - Height adjustments for outdoor advertising signs.

72-7-510.5.
Height adjustments for outdoor advertising signs.
(1) If the view and readability of an outdoor advertising sign, including a sign that is a nonconforming sign as defined in Section 72-7-510, a noncomplying structure as defined in Sections 10-9a-103 and 17-27a-103, or a nonconforming use as defined in Sections 10-9a-103 and 17-27a-103 is obstructed due to a noise abatement or safety measure, grade change, construction, directional sign, highway widening, or aesthetic improvement made by an agency of this state, along an interstate, federal aid primary highway existing as of June 1, 1991, national highway systems highway, or state highway or by an improvement created on real property subsequent to the department's disposal of the property under Section 72-5-111, the owner of the sign may:
(a) adjust the height of the sign; or
(b) relocate the sign to a point within 500 feet of its prior location, if the sign complies with the spacing requirements under Section 72-7-505 and is in a commercial or industrial zone.
(2) A height adjusted sign under this section does not constitute a substantial change to the sign.
(3) The county or municipality in which the outdoor advertising sign is located shall, if necessary, provide for the height adjustment or relocation by ordinance for a special exception to its zoning ordinance.
(4)
(a) The height adjusted sign:
(i) may be erected:
(A) to a height to make the entire advertising content of the sign clearly visible; and
(B) to an angle to make the entire advertising content of the sign clearly visible; and
(ii) shall be the same size as the previous sign.
(b) The provisions of Subsection (4)(a) are an exception to the height requirements under Section 72-7-505.
Amended by Chapter 170, 2009 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 511 - Violation of part -- Misdemeanor.

72-7-511.
Violation of part -- Misdemeanor.
A person who violates any provision of this part is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 512 - Appeals by attorney general.

72-7-512.
Appeals by attorney general.
The attorney general may take such appeals as are provided for in 23 U.S.C., Sec. 131.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 513 - Relocation on state highways.

72-7-513.
Relocation on state highways.
(1) As used in this section, "state highway" means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act, on July 1, 1999, and any subsequently designated state highway.
(2) If any outdoor advertising use or structure may not be continued because of the widening, construction, or reconstruction along a state highway, the owner shall have the option to relocate and remodel the use or structure to another location:
(a) on the same property;
(b) on adjacent property;
(c) within 2640 feet of the previous location on either side of the same highway; or
(d) mutually agreed upon by the owner and the county or municipality in which the use, structure, or permit is located.
(3) The relocation under Subsection (2) shall be in a commercial or industrial zoned area or where outdoor advertising is permitted under this part.
(4) The county or municipality in which the use or structure is located shall, if necessary, provide for the relocation and remodeling by ordinance for a special exception to its zoning ordinance.
(5) The relocated and remodeled use or structure may be:
(a) erected to a height and angle to make it clearly visible to traffic on the main-traveled way of the highway to which it is relocated or remodeled;
(b) the same size and at least the same height as the previous use or structure, but the relocated use or structure may not exceed the size and height permitted under this part;
(c) relocated to a comparable vehicular traffic count.
(6)
(a) The governmental entity, quasi-governmental entity, or public utility that causes the need for the outdoor advertising relocation or remodeling as provided in Subsection (2) shall pay the costs related to the relocation, remodeling, or acquisition.
(b) If a governmental entity prohibits the relocation and remodeling as provided in Subsection (2)(a), (b), or (c), it shall pay just compensation as provided in Subsection 72-7-510(3).
Amended by Chapter 72, 1999 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 514 - Landscape control program.

72-7-514.
Landscape control program.
(1) As used in this section, "landscape control" means trimming or removal of seedlings, saplings, trees and vegetation along the interstate, federal aid primary highway existing as of June 1, 1991, and national highway system right-of-way to provide clear visibility of outdoor advertising.
(2)
(a) The department shall establish a landscape control program as provided under this section.
(b) Except as provided in this section, a person, including an outdoor advertising sign owner or business owner may not perform or cause landscape control to be performed.
(3)
(a) An outdoor advertising sign owner or business owner may submit a request for landscape control to the department.
(b) Within 60 days of the request under Subsection (3)(a), the department shall:
(i) conduct a field review of the request with a representative of the sign or business owner, the department, and the Federal Highway Administration to consider the following issues listed in their order of priority:
(A) safety;
(B) protection of highway features, including right-of-way and landscaping;
(C) aesthetics; and
(D) motorists' view of the sign or business; and
(ii) notify the sign or business owner what, if any, trimming, removal, restoration, banking, or other landscape control shall be allowed as decided by the department, after consultation with the Federal Highway Administration.
(c) If the sign or business owner elects to proceed, in accordance with the decision issued under this subsection, the department shall issue a permit that describes what landscape control may be allowed, assigns responsibility for costs, describes the safety measures to be observed, and attaches any explanatory plans or other information.
(4) The department shall establish an appeals process within the department for landscape control decisions made under Subsection (3).
(5)
(a) A person who performs landscape control in violation of this section is guilty of a class C misdemeanor, and is liable to the owner for treble the amount of damages sustained to the landscape.
(b) Each permit issued under this section shall notify the permit holder of the penalties under Subsection (5)(a).
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 515 - Utah-Federal Agreement -- Severability clause.

72-7-515.
Utah-Federal Agreement -- Severability clause.
(1) As used in this section, "Utah-Federal Agreement" means the agreement relating to outdoor advertising that is described under Section 72-7-501, and it includes any modifications to the agreement that are signed on behalf of both the state and the United States Secretary of Transportation.
(2) The provisions of this part are subject to and shall be superseded by conflicting provisions of the Utah-Federal Agreement.
(3) If any provision of this part or its application to any person or circumstance is found to be unconstitutional, or in conflict with or superseded by the Utah-Federal Agreement, the remainder of this part and the application of the provision to other persons or circumstances shall not be affected by it.
Amended by Chapter 21, 1999 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 5 - Utah Outdoor Advertising Act › Section 516 - Relocating outdoor advertising structure to maintain required distance from high voltage overhead lines.

72-7-516.
Relocating outdoor advertising structure to maintain required distance from high voltage overhead lines.
(1) If an outdoor advertising structure needs to be moved away from a high voltage power line or lines so that the sign can be reposted or maintenance performed without having to comply with the distance or notification requirements of Section 54-8c-2, or in order to comply with distance or notification requirements imposed by the National Electrical Safety Code, International Building Code, a regulation, standard, or directive of the Occupational Safety and Health Administration or any other similar applicable regulation, then the owner shall have the option to remodel the structure at the same location or relocate and remodel the structure to another location within the same jurisdiction:
(a) on the same property;
(b) on adjacent property;
(c) within 2,640 feet of the previous location on either side of the same highway; or
(d) mutually agreed upon by the owner and the county or municipality in which the structure is located.
(2) The relocation under Subsection (1) shall be in a commercial or industrial zoned area or where outdoor advertising is permitted under this part.
(3) The county or municipality in which the structure is located shall, if necessary, provide for the relocation or remodeling by ordinance for a special exception to its zoning ordinance.
(4) The relocated and remodeled structure may be:
(a) erected to a height and angle to make it clearly visible to traffic on the main-traveled way of the highway to which it is relocated or remodeled;
(b) the same size and at least the same height as the previous structure, but the relocated structure may not exceed the size and height permitted under this part; and
(c) relocated to a location with a comparable traffic vehicular count.
(5) If a governmental entity prohibits the relocation and remodeling as provided in Subsection (1)(a), (b), or (c), it shall pay just compensation as provided in Subsection 72-7-510(3).
Amended by Chapter 330, 2006 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 6 - Regulation of Highway-Railroad Grade Crossings › Section 601 - Definitions.

Effective 5/3/2023
Renumbered 3/31/2024
72-7-601.
Definitions.
As used in this part:
(1) "Highway-railroad grade crossing" means:
(a) an intersection where a railroad track crosses a highway at the same level; or
(b) an intersection where the railroad track of a railroad entity crosses the railroad track of another railroad entity at the same level.
(2) "Public Service Commission" means the Public Service Commission of Utah created in Section 54-1-1.
(3) "Railroad entity" means an entity, a company, a person, or a public transit provider that owns, controls, operates, or manages a railroad.
Enacted by Chapter 66, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 8 - Pedestrian Safety and Facilities Act › Section 102 - Definitions.

72-8-102.
Definitions.
As used in this chapter:
(1) "Construction" means the function of constructing or reconstructing a sidewalk with or without curb and gutter and includes land acquisition and engineering or inspection as defined by the rules and regulations of the department.
(2) "Curb and gutter" means the area between the roadway and sidewalk designed for water runoff and providing a barrier for safety of pedestrian and vehicular traffic.
(3) "Participating municipality" means a city of the third, fourth, or fifth class or a town.
(4) "Pedestrian safety devices" means any device or method designed to foster the safety of pedestrian traffic including sidewalks, curbs, gutters, and pedestrian overpasses.
Amended by Chapter 292, 2003 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 8 - Pedestrian Safety and Facilities Act › Section 103 - Designated county and municipal sidewalks -- Construction on easements granted by transportation department.

72-8-103.
Designated county and municipal sidewalks -- Construction on easements granted by transportation department.
(1) All sidewalks, including curbs and gutters within the unincorporated areas of a county and within nonparticipating municipalities situated within the county, are designated county sidewalks. All sidewalks within participating municipalities are designated municipal sidewalks.
(2) Counties and participating municipalities may construct and maintain curbs, gutters, sidewalks, and pedestrian safety devices adjacent to the traveled portion of state highways upon easements that may be granted by the department. The department shall cooperate with counties and participating municipalities to accomplish pedestrian safety construction and maintenance.
(3) A county or municipality may construct and maintain pedestrian safety devices on state highways in compliance with rules made by the department.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 8 - Pedestrian Safety and Facilities Act › Section 104 - Funding priorities by county and municipality officials -- Factors.

72-8-104.
Funding priorities by county and municipality officials -- Factors.
(1) A county or municipality may use a portion of their B and C road funds for pedestrian safety devices under this part.
(2) The county legislative body of the counties and the governing officials of participating municipalities may establish funding priorities relating to construction of curbs, gutters, sidewalks, or other pedestrian safety construction, with funds permitted to be expended by this part, based on factors including, but not limited to:
(a) existing useable rights-of-way;
(b) vehicle-pedestrian accident experience;
(c) average daily vehicle traffic;
(d) average daily pedestrian traffic;
(e) average daily school age pedestrian traffic; and
(f) speed of vehicle traffic.
(3) All construction performed under this part shall be barrier free to wheelchairs at crosswalks and intersections.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 8 - Pedestrian Safety and Facilities Act › Section 105 - Pedestrian safety to be considered in highway planning.

72-8-105.
Pedestrian safety to be considered in highway planning.
A highway authority shall consider pedestrian safety in all highway engineering and planning where pedestrian traffic may be a significant factor on all projects within the state or any of its political subdivisions.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 8 - Pedestrian Safety and Facilities Act › Section 106 - Rules and regulations -- Cooperation with the county legislative body.

72-8-106.
Rules and regulations -- Cooperation with the county legislative body.
The department shall:
(1) make rules providing for uniform accounting of the funds permitted to be expended for curbs, gutters, sidewalks, and pedestrian safety devices, as provided in this part; and
(2) cooperate with the county executives and county legislative bodies and the governing officials of participating municipalities in order to implement this part and make rules required by this part.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 8 - Pedestrian Safety and Facilities Act › Section 107 - County or city granting exemption from construction -- Not eligible to utilize funds under part.

72-8-107.
County or city granting exemption from construction -- Not eligible to utilize funds under part.
(1) This part may not be construed to substitute or replace the construction of curbs, gutters, sidewalks, or pedestrian safety devices by any counties or participating municipalities. Funds expended under this part are in addition to funds normally used by counties and participating municipalities for pedestrian safety devices and may not be used in substitution for local funding.
(2) If any county or participating municipalities or any of their agencies grant an exemption or deferral agreement for the construction of sidewalks, curbs, gutters, or pedestrian safety devices which are otherwise normally required, the area for which the exemption or deferral agreement applies is not be eligible to utilize funds permitted to be expended by this part.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 8 - Pedestrian Safety and Facilities Act › Section 109 - Safe Routes to School Program.

Effective 5/14/2019
72-8-109.
Safe Routes to School Program.
(1) As part of providing for the safety of the state transportation system, the department shall establish a program that promotes walking and bicycling to school through infrastructure improvements and noninfrastructure efforts such as safety awareness education.
(2) In addition to any federal funds made available to the department for the program, the department may fund the program from money made available to the department by the Legislature and as prioritized by the commission.
(3) The department, in consultation with the State Board of Education, may give priority consideration to a project located in an area of a school that receives funding under the Elementary and Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301, et seq.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to implement this section.
Enacted by Chapter 219, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 1 - General Provisions › Section 103 - Rulemaking -- Motor vehicle liability coverage for certain motor carriers -- Adjudicative proceedings.

Effective 5/3/2023
72-9-103.
Rulemaking -- Motor vehicle liability coverage for certain motor carriers -- Adjudicative proceedings.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules:
(a) adopting by reference in whole or in part the Federal Motor Carrier Safety Regulations including minimum security requirements for motor carriers;
(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
(c) providing for the necessary administration and enforcement of this chapter.
(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:
(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
(ii) a licensed child care provider under Section 26B-2-403.
(b) Policies containing motor vehicle liability coverage for a motor carrier described under Subsection (2)(a) shall require minimum coverage of:
(i) $1,000,000 for a vehicle with a seating capacity of up to 20 passengers; or
(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.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 1 - General Provisions › Section 104 - Motor carriers to operate under chapter.

72-9-104.
Motor carriers to operate under chapter.
A motor carrier may not operate any commercial vehicle for the transportation of persons or property on any public highway in this state except in accordance with this chapter, and rules and orders of the department.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 1 - General Provisions › Section 105 - Information lettered on vehicle -- Exceptions.

Effective 5/9/2017
72-9-105.
Information lettered on vehicle -- Exceptions.
(1) Except under Subsection (4), a motor carrier shall have lettered on both sides of any vehicle used for transportation of persons or property the name of the motor carrier company.
(2) The motor carrier shall ensure that the lettering is free from obstruction and legible from a distance of at least 50 feet.
(3)
(a) In addition to the lettering required under Subsection (1), the department may require a motor carrier to display an identification number assigned by the department in accordance with this section.
(b) The department may issue an identification number in conjunction with the United States Department of Transportation to develop a program to improve motor carrier safety enforcement.
(4) An intrastate commercial vehicle primarily used by a farmer for the production of agricultural products is exempt from the provisions of this section.
Amended by Chapter 96, 2017 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 1 - General Provisions › Section 106 - Exemption for public utilities from regulations establishing hours of service.

72-9-106.
Exemption for public utilities from regulations establishing hours of service.
(1) As used in this section, "emergency" means a condition which jeopardizes life or property or that endangers public health and safety.
(2) A person who is an employee of an electrical corporation, a gas corporation, or a telephone corporation, as these corporations are defined in Section 54-2-1, is exempt from any hours of service rules and regulations for drivers while operating a public utility vehicle within the state during the emergency restoration of public utility service.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 1 - General Provisions › Section 107 - Medical exemptions for farm vehicle operators.

Effective 7/1/2015
72-9-107.
Medical exemptions for farm vehicle operators.
Except as provided in Section 53-3-206, an operator of a farm vehicle or combination of farm vehicles is exempt from additional requirements for physical qualifications, medical examinations, and medical certification if the farm vehicle or combination of farm vehicles being operated is:
(1) under 26,001 pounds gross vehicle weight rating;
(2) not operated as a commercial motor vehicle in accordance with Subsection 53-3-102(7)(b)(ii); and
(3) not operated as an interstate commercial motor vehicle.
Amended by Chapter 52, 2015 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 2 - Motor Carrier Advisory Board › Section 201 - Motor Carrier Advisory Board created -- Appointment -- Terms -- Meetings -- Per diem and expenses -- Duties.

Effective 5/3/2023
72-9-201.
Motor Carrier Advisory Board created -- Appointment -- Terms -- Meetings -- Per diem and expenses -- Duties.
(1) There is created within the department the Motor Carrier Advisory Board consisting of five members appointed by the department.
(2) Each member of the board shall:
(a) represent experience and expertise in the areas of motor carrier transportation, commerce, agriculture, economics, shipping, or highway safety;
(b) be selected at large on a nonpartisan basis; and
(c) have been a legal resident of the state for at least one year immediately preceding the date of appointment.
(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.
(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.
(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:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(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.
Amended by Chapter 249, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 3 - Department Duties › Section 301 - Duties -- Enforcement -- Federal safety regulations -- Audits -- Rights of entry for audits.

72-9-301.
Duties -- Enforcement -- Federal safety regulations -- Audits -- Rights of entry for audits.
(1) The department shall administer and in cooperation with the Department of Public Safety, Utah Highway Patrol Division, as specified under Section 53-8-105, shall enforce state and federal laws related to the operation of a motor carrier within the state, including:
(a) the operation of ports-of-entry under Section 72-9-501;
(b) vehicle size, weight, and load restrictions;
(c) security requirements;
(d) safety requirements; and
(e) the Federal Motor Carrier Safety Regulations as contained in Title 49, Code of Federal Regulations.
(2)
(a) The department shall conduct compliance audits and inspections as needed to enforce state and federal laws related to the operation of a motor carrier.
(b) The Department of Public Safety, Utah Highway Patrol Division, and other law enforcement agencies certified by the department shall conduct inspections as needed to enforce state and federal laws related to the operation of a motor carrier.
(3)
(a) In accordance with Subsection (3)(b), the department's authorized employees or agents may enter, inspect, and examine any lands, buildings, and equipment of a motor carrier subject to this chapter, to inspect and copy any accounts, books, records, and documents in order to administer and enforce state and federal laws related to the operation of a motor carrier provided:
(i) the department's authorized employees or agents schedule an appointment with the motor carrier prior to entering, inspecting, or examining any facility or records of a motor carrier; or
(ii) if the department's authorized employees or agents believe that a criminal violation is involved and that a scheduled appointment would compromise the detection of the alleged criminal violation, no appointment is necessary.
(b) A motor carrier shall submit its lands, buildings, and equipment for inspection and examination and shall submit its accounts, books, records, and documents for inspection and copying in accordance with this section.
Amended by Chapter 155, 2009 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 3 - Department Duties › Section 302 - Interstate agreements.

72-9-302.
Interstate agreements.
(1) The department may enter into agreements with other states to allow the cooperative base state safety and insurance regulation of motor carriers transporting property or passengers in interstate commerce.
(2) An agreement may authorize another state to:
(a) accept the filing of a certificate and affidavit of insurance;
(b) issue a revocation, suspension, restriction, probation, and reinstatement order or notice; and
(c) collect and disburse any fee to and from another state that participates in the base state program.
(3) An agreement may allow the exchange of information for audit, reporting, and enforcement purposes.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 3 - Department Duties › Section 303 - Cease and desist orders -- Registration sanctions.

72-9-303.
Cease and desist orders -- Registration sanctions.
(1) The department may issue cease and desist orders to any person:
(a) who engages in or represents himself to be engaged in a motor carrier operation that is in violation of this chapter;
(b) to prevent the violation of any of the provisions of this title; and
(c) who otherwise violates this chapter or any rules adopted under this chapter.
(2)
(a) The department shall notify the Motor Vehicle Division of the State Tax Commission upon having reasonable grounds to believe that a motor carrier is in violation of this chapter. Upon receiving notice by the department, the Motor Vehicle Division shall refuse registration or shall suspend or revoke a registration as provided in Sections 41-1a-109 and 41-1a-110.
(b) The department shall notify the Motor Vehicle Division immediately upon being satisfied that a motor carrier, reported as being in violation under Subsection (2)(a), is in compliance with this chapter. Upon receiving notice by the department, the Motor Vehicle Division shall remove any restriction made on a registration under this chapter.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 4 - Motor Carrier Liability - Duties › Section 401 - Liability of motor carriers for loss or damage to freight.

72-9-401.
Liability of motor carriers for loss or damage to freight.
(1)
(a) A motor carrier receiving property for transportation from one point in this state to another point in this state shall issue a receipt or bill of lading for the property, and shall be liable to the lawful holder of the property for any loss, damage, or injury to the property caused by the motor carrier, or by any motor carrier to which the property may be delivered or over whose line or lines the property may pass within this state when transported on a through bill of lading.
(b) A contract, receipt, rule, regulation, or other limitation of any character whatsoever may not exempt the motor carrier from this liability.
(2) A motor carrier that receives property for transportation or any motor carrier delivering the property to the consignee shall be liable to the lawful holder of the receipt or bill of lading, or to any party entitled to recover on the property whether the receipt or bill of lading has been issued or not, for the full actual loss, damage or injury to the property caused by the motor carrier, or by any motor carrier to which the property may have been delivered or over whose line or lines the property may have passed within this state when transported on a through bill of lading.
(3)
(a) The provisions of Subsection (2) apply notwithstanding any limitation of liability or of the amount of recovery, or any representation or agreement as to the value of the property in any receipt or bill of lading or in any contract, rule, or regulation.
(b) Any limitation of liability is unlawful and void if the provisions respecting liability for full actual loss, damage, or injury notwithstanding any limitation of liability or of recovery, or any representation or agreement or release as to value to property, except livestock, received for transportation concerning which the motor carrier expressly authorizes or requires, by order of the commission, the establishment and maintenance of rates dependent upon the value declared in writing by the shipper or agreed to in writing as the released value of the property.
(c) The declaration or agreement shall have no other effect than to limit liability and recovery to an amount not exceeding the value so declared or agreed upon.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 4 - Motor Carrier Liability - Duties › Section 402 - Limitation of time for presenting claims and bringing suit.

72-9-402.
Limitation of time for presenting claims and bringing suit.
(1) A motor carrier shall allow at least:
(a) 90 days for giving notice of claims for any loss, damage, or injury to property;
(b) four months for the filing of claims; and
(c) two years for the institution of suits.
(2) If the loss or injury complained of is due to delay or damage while being loaded or unloaded, or damage in transit caused by carelessness or negligence, a notice of claim or a filing of claim is not required as a condition precedent to recovery.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 4 - Motor Carrier Liability - Duties › Section 403 - Contribution between connecting motor carriers.

72-9-403.
Contribution between connecting motor carriers.
(1) The motor carrier paying for the loss or damage to property transported or received is entitled to recovery from the motor carrier responsible for the loss or damage, or on the motor carrier's line the loss, damage, or injury was sustained.
(2) The amount of the loss or damage is equal to the amount the motor carrier is required to pay to the persons entitled to the recovery.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 4 - Motor Carrier Liability - Duties › Section 404 - Bills of lading -- Form.

72-9-404.
Bills of lading -- Form.
Bills of lading issued by any motor carrier for the transportation of goods within this state shall conform to this chapter, rules made under this chapter, and Title 70A, Chapter 7a, Part 3, Bills of Lading - Special Provisions, that are not in conflict with this chapter.
Amended by Chapter 42, 2006 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 5 - Ports-Of-Entry › Section 501 - Construction, operation, and maintenance of ports-of-entry by the department -- Function of ports-of-entry -- Checking and citation powers of port-of-entry agents.

Effective 7/1/2023
72-9-501.
Construction, operation, and maintenance of ports-of-entry by the department -- Function of ports-of-entry -- Checking and citation powers of port-of-entry agents.
(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:
(i) driver qualifications;
(ii)Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act;
(iii) vehicle registration;
(iv) fuel tax payment;
(v) vehicle size, weight, and load;
(vi) security or insurance;
(vii) this chapter;
(viii) hazardous material as defined under 49 U.S.C. Sec. 5102; and
(ix) safety.
(b) The ports-of-entry shall be located on state highways at sites determined by the department.
(2)
(a) The ports-of-entry shall be operated and maintained by the department.
(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)
(a) A port-of-entry agent or a peace officer, in whose presence an offense described in this section is committed, may:
(i) issue and deliver a misdemeanor or infraction citation under Section 77-7-18;
(ii) request and administer chemical tests to determine blood alcohol concentration in compliance with Section 41-6a-515;
(iii) place a driver out-of-service in accordance with Section 53-3-417; and
(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.
(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)
(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.
(b) The department is not responsible for decontaminating a conveyance or equipment detained or quarantined.
(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.
Amended by Chapter 34, 2023 General Session