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:

Terms Used In Utah Code 72-9-103

  • Commercial vehicle: includes :
(i) an interstate commercial vehicle; and
(ii) an intrastate commercial vehicle. See Utah Code 72-9-102
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Motor carrier: means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property by a commercial vehicle on a highway within this state and includes a tow truck business. See Utah Code 72-9-102
  • Tow truck: means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line, dolly, tilt bed, or other means. See Utah Code 72-9-102
  • (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