41-6a-1639.  Hazardous materials — Transportation regulations — Fire extinguishers.

(1) 

Terms Used In Utah Code 41-6a-1639

  • Department: means the Department of Public Safety. See Utah Code 41-6a-102
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
(a)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Transportation shall make rules for the safe transportation of hazardous materials.

(b)  The rules shall adopt by reference or be consistent with current Hazardous Materials Regulations of the United States Department of Transportation.

(c)  An adoption by reference under Subsection (1)(b) shall be construed to incorporate amendments thereto as may be made from time to time.

(2)  A person operating a vehicle transporting any hazardous material as a cargo or part of a cargo on a highway shall at all times comply with rules made by the Department of Transportation under this section including being:

(a)  marked or placarded; and

(b)  equipped with fire extinguishers:

(i)  of a type, size, and number approved by rule; and

(ii)  that are filled, ready for immediate use, and placed at a convenient point on the vehicle.

(c)  A violation of Subsection (2)(a) or (b) is an infraction.

Amended by Chapter 412, 2015 General Session