Friday, May 05, 2006
Getting Motor Vehicle Records in Utah
The release of protected motor vehicle records is governed by Utah law, §41-1a-116, Utah Code Annotated, and the Federal Driver’s Privacy Protection Act. Both federal and state law allow the disclosure of records under the following situations:
- The person who submitted the information in the record, or, in the case of an incorporated business, an officer of the corporation.
- To any government agency, including any court or law enforcement agency, in carrying out its functions.
- For use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories.
- For use in the normal course of business by a legitimate business to verify the accuracy of personal information submitted by the individual to the business.
- For use in connection with any civil, criminal, administrative or arbitral proceeding in any Federal, State or local court or agency.
- For use in research activities and for use in producing statistical reports, so long as the personal information is not published, re-disclosed or used to contact individuals.
- For use in providing notice to owners of towed of impounded vehicles.
- For use by any licensed private investigative agency or licensced security service for any purpose permitted under the act.
- For use by any requestor, if the requestor presents written consent from the individual to whom the information pertains.
- For any other use specifically authorized under the law of the state that holds the record, is such use relates to operation of motor vehicles.
After demonstrating a legal right to access the vehicle a protected record may be purchased from the Utah Department of Motor Vehicles. Forms and further information may be found at the website for the Utah Department of Motor Vehicles: http://dmv.utah.gov.
- The person who submitted the information in the record, or, in the case of an incorporated business, an officer of the corporation.
- To any government agency, including any court or law enforcement agency, in carrying out its functions.
- For use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories.
- For use in the normal course of business by a legitimate business to verify the accuracy of personal information submitted by the individual to the business.
- For use in connection with any civil, criminal, administrative or arbitral proceeding in any Federal, State or local court or agency.
- For use in research activities and for use in producing statistical reports, so long as the personal information is not published, re-disclosed or used to contact individuals.
- For use in providing notice to owners of towed of impounded vehicles.
- For use by any licensed private investigative agency or licensced security service for any purpose permitted under the act.
- For use by any requestor, if the requestor presents written consent from the individual to whom the information pertains.
- For any other use specifically authorized under the law of the state that holds the record, is such use relates to operation of motor vehicles.
After demonstrating a legal right to access the vehicle a protected record may be purchased from the Utah Department of Motor Vehicles. Forms and further information may be found at the website for the Utah Department of Motor Vehicles: http://dmv.utah.gov.
Wednesday, May 03, 2006
The Duty to Minimize Dust
Under Utah law, anyone clearing land of 1/4 acre or more is obligated to minimize dust:
UAC §307-12-3(B)(1) reads as follows:
Any person engaging in clearing or leveling of land over ¼ acre in size, earthmoving, excavation, or movement of trucks or construction equipment over cleared land over ¼ acre in size or access haul roads shall take steps to minimize fugitive dust from such activities. Such control may include but is not limited to watering and/or chemical stabilization of potential fugitive dust sources or other equivalent methods or techniques approved by the executive secretary.
UAC §307-12-3(B)(1) reads as follows:
Any person engaging in clearing or leveling of land over ¼ acre in size, earthmoving, excavation, or movement of trucks or construction equipment over cleared land over ¼ acre in size or access haul roads shall take steps to minimize fugitive dust from such activities. Such control may include but is not limited to watering and/or chemical stabilization of potential fugitive dust sources or other equivalent methods or techniques approved by the executive secretary.
Determination of Opacity of Fugitive Dust
In determining the opacity of fugitive dust the Utah Department of Air Quality uses an observation method based on the EPA’s method 9 technique. That method is as follows:
...Six points, distributed along the length of the haul road or in the operational area, shall be chosen by the executive secretary or the executive secretary’s representative. An opacity reading shall be made at each point when a vehicle passes the selected points. Opacity readings shall be made ½ vehicle length or greater behind the vehicle and at approximately ½ the height of the vehicle or greater. The accumulated six readings shall be averaged for the compliance value.. (Utah Division of Air Quality New/modified Source Plan Review § IV(27)
...Six points, distributed along the length of the haul road or in the operational area, shall be chosen by the executive secretary or the executive secretary’s representative. An opacity reading shall be made at each point when a vehicle passes the selected points. Opacity readings shall be made ½ vehicle length or greater behind the vehicle and at approximately ½ the height of the vehicle or greater. The accumulated six readings shall be averaged for the compliance value.. (Utah Division of Air Quality New/modified Source Plan Review § IV(27)
