Superseded 7/1/2023)
Superseded 7/1/2023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) |
Terms Used In Utah Code 72-9-501- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Port-of-entry: includes inspection and checking stations and weigh stations. See Utah Code 72-1-102
- Port-of-entry agent: means a person employed at a port-of-entry to perform the duties specified in Section 72-9-501. See Utah Code 72-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (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; |
| (iii) |
vehicle registration; |
| (v) |
vehicle size, weight, and load; |
| (vi) |
security or insurance; |
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| (b) |
The ports-of-entry shall be located on state highways at sites determined by the department. |
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| (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). |
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| (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. |
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| (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 23-27-301 and 23-27-302. |
| (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 23-27-102, a conveyance or equipment at the port-of-entry if authorized by the department. |
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Amended by Chapter 239, 2021 General Session
