Tuesday, April 20, 2010
Uniform Commercial Drivers License Act Amendments 2010
The bill modifies Uniform Commercial Driver License Act (53-3-407 et seq) by amending provisions relating to commercial driver licenses.
This bill:
. provides that the Driver License Division may, rather than shall, waive the skills test if it determines that an applicant for a commercial driver license meets certain requirements;
. provides that a person who holds or is required to hold a CDL is disqualified from driving a commercial motor vehicle for a period of not less than a year if convicted of driving a commercial motor vehicle while the person's commercial driver license is disqualified for violating certain offenses;
. increases the number of days that a driver of a commercial motor vehicle is disqualified from driving a commercial vehicle if the person is convicted of violating an out-of-service order;
. increases the minimum civil penalty amounts for a driver of a commercial motor
vehicle who is convicted of violating an out-of-service order;
. provides that an employer may not knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period when the driver is operating a commercial motor vehicle or employed by a motor carrier operation that is subject to an out-of-service order; and,
. increases the maximum fine amount for an employer who is convicted of knowingly allowing, permitting, or authorizing a driver to drive a commercial vehicle when the driver, the commercial motor vehicle, or a motor carrier operation is subject to an out-of-service order.
This bill:
. provides that the Driver License Division may, rather than shall, waive the skills test if it determines that an applicant for a commercial driver license meets certain requirements;
. provides that a person who holds or is required to hold a CDL is disqualified from driving a commercial motor vehicle for a period of not less than a year if convicted of driving a commercial motor vehicle while the person's commercial driver license is disqualified for violating certain offenses;
. increases the number of days that a driver of a commercial motor vehicle is disqualified from driving a commercial vehicle if the person is convicted of violating an out-of-service order;
. increases the minimum civil penalty amounts for a driver of a commercial motor
vehicle who is convicted of violating an out-of-service order;
. provides that an employer may not knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period when the driver is operating a commercial motor vehicle or employed by a motor carrier operation that is subject to an out-of-service order; and,
. increases the maximum fine amount for an employer who is convicted of knowingly allowing, permitting, or authorizing a driver to drive a commercial vehicle when the driver, the commercial motor vehicle, or a motor carrier operation is subject to an out-of-service order.
Monday, April 19, 2010
Driver Vehicle Inspection Reports
396.11 -Interpretations
Does 396.11(c) require a motor carrier to effect repairs of all items
listed on a DVIR prepared by a driver before the vehicle is subsequently
driven?
The motor carrier must effect repairs of defective or missing parts and
accessories listed in Appendix G to the FMCSRs before allowing the vehicle
to be driven.
Utah Trucking News
Does 396.11(c) require a motor carrier to effect repairs of all items
listed on a DVIR prepared by a driver before the vehicle is subsequently
driven?
The motor carrier must effect repairs of defective or missing parts and
accessories listed in Appendix G to the FMCSRs before allowing the vehicle
to be driven.
Utah Trucking News
Wednesday, April 14, 2010
Inspection, repair, and maintenance
396.3 Inspection, repair, and maintenance.-Interpretations
Who has the responsibility of inspecting and maintaining leased vehicles
and their maintenance records?
The motor carrier must either inspect, repair, maintain, and keep suitable
records for all vehicles subject to its control for 30 consecutive days or
more, or cause another party to perform such activities. The motor carrier is
solely responsible for ensuring that the vehicles under its control are in safe
operating condition and that defects have been corrected.
Utah Trucking Association News
Who has the responsibility of inspecting and maintaining leased vehicles
and their maintenance records?
The motor carrier must either inspect, repair, maintain, and keep suitable
records for all vehicles subject to its control for 30 consecutive days or
more, or cause another party to perform such activities. The motor carrier is
solely responsible for ensuring that the vehicles under its control are in safe
operating condition and that defects have been corrected.
Utah Trucking Association News
Monday, April 05, 2010
395.10 Drivers declared out-of-service-Interpretations
May a driver operating a CMV under a lease arrangement with a motor carrier, after being placed out-of-service for an hours-of-service violation, cancel the lease and continue to operate the vehicle as a private personal conveyance?
No. Cancellation of a lease does not relieve the driver of the responsibility of complying with the out-of-service order which prohibits the driver from operating a CMV.
Utah Trucking Association
No. Cancellation of a lease does not relieve the driver of the responsibility of complying with the out-of-service order which prohibits the driver from operating a CMV.
Utah Trucking Association
