Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 137 First Substitute (2021GS)

Sponsor

Rep. Christofferson, K.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the definition of an intrastate commercial vehicle by:
• increasing the gross vehicle weight rating from 10,001 or more pounds to 26,000 or more pounds if the vehicle is operated by an individual 18 years old or older;
• increasing the gross vehicle weight rating from 10,001 or more pounds to 16,001 or more pounds if the vehicle is operated by an individual under 18 years old; and
• including in the definition a vehicle with the gross vehicle weight rating of 13,000 or more pounds for a vehicle designed to transport 12 or more passengers for commercial purposes.

Every vote on this bill

Bill text

INTRASTATE COMMERCIAL VEHICLE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
Michael K. McKell
LONG TITLE
General Description:
This bill amends the definition of an intrastate commercial vehicle as it pertains to
gross vehicle weight ratings and passenger occupancy of certain vehicles.
Highlighted Provisions:
This bill:
▸ amends the definition of an intrastate commercial vehicle by:
• increasing the gross vehicle weight rating from 10,001 or more pounds to
26,000 or more pounds if the vehicle is operated by an individual 18 years old
or older;
• increasing the gross vehicle weight rating from 10,001 or more pounds to
16,001 or more pounds if the vehicle is operated by an individual under 18 years
old; and
• including in the definition a vehicle with the gross vehicle weight rating of
13,000 or more pounds for a vehicle designed to transport 12 or more
passengers for commercial purposes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-9-102
, as last amended by Laws of Utah 2019, Chapter 373
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-9-102
 is amended to read:
72-9-102.
Definitions.
As used in this chapter:
(1) (a) "Commercial vehicle" includes:
(i) an interstate commercial vehicle; and
(ii) an intrastate commercial vehicle.
(b) "Commercial vehicle" does not include the following vehicles for purposes of this
chapter:
(i) equipment owned and operated by the United States Department of Defense when
driven by any active duty military personnel and members of the reserves and national guard on
active duty including personnel on full-time national guard duty, personnel on part-time
training, and national guard military technicians and civilians who are required to wear military
uniforms and are subject to the code of military justice;
(ii) firefighting and emergency vehicles, operated by emergency personnel, not
including commercial tow trucks;
(iii) recreational vehicles that are driven solely as family or personal conveyances for
noncommercial purposes; or
(iv) vehicles owned by the state or a local government.
(2) "Interstate commercial vehicle" means a self-propelled or towed motor vehicle used
on a highway in interstate commerce to transport passengers or property if the vehicle:
(a) has a gross vehicle weight rating or gross combination weight rating of 10,001 or
more pounds;
(b) is designed or used to transport more than eight passengers, including the driver, for
compensation;
(c) is designed or used to transport more than 15 passengers, including the driver, and
is not used to transport passengers for compensation; or
(d) (i) is used to transport materials designated as hazardous in accordance with 49
U.S.C. Sec. 5103; and
(ii) is required to be placarded in accordance with regulations under 49 C.F.R., Subtitle
B, Chapter I, Subchapter C.
(3) "Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or
semitrailer used or maintained for business, compensation, or profit to transport passengers or
property on a highway only within the boundaries of this state if the commercial vehicle:
(a) 
(i)
 has a manufacturer's gross vehicle weight rating or gross combination weight
rating of [
10,001
] 
26,000
 or more pounds[
;
] 
and is operated by an individual who is 18 years
old or older; or
(ii) has a manufacturer's gross vehicle weight rating or gross combination weight rating
of 16,001 or more pounds and is operated by an individual who is under 18 years old;
(b) 
(i)
 is designed to transport more than 15 passengers, including the driver; or
(ii) is designed to transport more than 12 passengers, including the driver, and has a
manufacturer's gross vehicle weight rating or gross combination weight rating of 13,000 or
more pounds; or
(c) is used in the transportation of hazardous materials and is required to be placarded
in accordance with 49 C.F.R. Part 172, Subpart F.
(4) "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.
(5) "Owner" as pertaining to a vehicle, vessel, or outboard motor, means the same as
that term is defined in Section 
41-1a-102
.
(6) "Property owner" means the owner or lessee of real property.
(7) "State impound yard" means the same as that term is defined in Section 
41-1a-102
.
(8) "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.
(9) "Tow truck motor carrier" means a motor carrier that is engaged in or transacting
business for tow truck services.
(10) "Tow truck operator" means an individual that performs operations related to a
tow truck service as an employee or as an independent contractor on behalf of a tow truck
motor carrier.
(11) "Tow truck service" means the functions and any ancillary operations associated
with recovering, removing, and towing a vehicle and its load from a highway or other place by
means of a tow truck.
(12) "Transportation" means the actual movement of property or passengers by motor
vehicle, including loading, unloading, and any ancillary service provided by the motor carrier
in connection with movement by motor vehicle, which is performed by or on behalf of the
motor carrier, its employees or agents, or under the authority of the motor carrier, its employees
or agents, or under the apparent authority and with the knowledge of the motor carrier.