R909. Transportation, Motor Carrier.R909-1. Safety Regulations for Motor Carriers.
R909-1-1. Authority and Purpose.
The department makes this rule under Section 72-9-103 to enable the department to enforce the Federal Motor Carrier Safety Regulations as contained in Title 49, Code of Federal Regulations related to the operation of a motor carrier within the state, as required by Section 72-9-301.
R909-1-2. Definitions.
"Intrastate commercial vehicle" means the same as that term is defined in Section 72-9-102.
R909-1-3. Adoption of Federal Regulations.
(1) Safety Regulations for Motor Carriers, 49 CFR Parts 350 through 384, Part 385.4, Parts 387 through 399, and Part 40, as amended by the Federal Register through June 22, 2023, are incorporated by reference, except for 49 CFR Parts 391.11(b)(1) and 391.49 as they apply to intrastate drivers only. Therefore, these requirements apply to a motor carrier as defined in 49 CFR Part 390.5, and intrastate commercial motor carriers as defined in Subsection 72-9-102(3), excluding passenger vehicles designed to transport 12 or fewer passengers, including the driver, and have a manufacturer's gross vehicle weight rating or gross combination weight rating of less than 13,000 pounds.
(2) An intrastate trucking operation in which the carriers operate double trailer combinations only is not required to comply with 49 CFR Part 380.203(a)(2).
(3) Exceptions to Part 391.41, Physical Qualification may be granted under the Department of Public Safety Rules, Driver's License Division, Section 53-3-303.5 for intrastate drivers under Rule R708-34.
(4) A driver involved wholly in intrastate commerce shall be at least 18 years old, unless they are transporting placarded amounts of hazardous materials or carrying 16 or more passengers, including the driver, in which case they must be at least 21 years old.
(5) A licensed childcare provider operating a passenger vehicle with a seating capacity of not more than 30 passengers, wholly in intrastate commerce, is exempt from 49 CFR Part 387 Subpart B but is subject to the minimum coverage requirements in Section 72-9-103.
R909-1-4. Insurance for Private Intrastate or Interstate Motor Carriers.
(1) "Private Motor Carrier" means a person who provides transportation of property or passengers by commercial motor vehicle and is not a for-hire motor carrier.
(2) Each intrastate private motor carrier must have a minimum amount of $750,000 liability.
(3) Each interstate and intrastate for-hire and private motor carriers transporting any quantities of oil listed in 49 CFR 172.101; hazardous waste, hazardous material, and hazardous substances defined in 49 CFR 171.8, must have a $1,000,000 minimum level of financial responsibility, and an MCS-90 endorsement maintained at the principal place of business.
R909-1-5. Implements of Husbandry.
"Implements of Husbandry" is defined in Subsection 41-1a-102(23) and must comply with Title 41, Chapter 6a, Traffic Code. Vehicles meeting this definition are exempt from 49 CFR Part 393 - Parts and Accessories Necessary for Safe Operations.
R909-1-6. Adoption of Federal Regulations for Motor Carriers Transporting Hazardous Materials or Hazardous Wastes.
The Department incorporates by reference Safety Regulations for Motor Carriers Transporting Hazardous Materials or Hazardous Wastes, 49 CFR, Sub-Chapter C, Parts 107, 171, 172, 173, 177, 178, 179, and 180. This rule applies to all private, common, and contract carriers by highway in commerce.
KEY: trucks, transportation safety, implements of husbandry
Date of Last Change: June 23, 2026
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301; 72-9-303; 72-9-701; 72-9-703