Utah Admin. Code R909-2-36 - Port of Entry By pass Permit Provisions

(1) A temporary bypass permit may be issued to accommodate the multi-trip highway transportation needs to motor carriers who meet the following criteria:

(a) Motor carriers must meet the multi-trip definition to receive and maintain bypass privileges.

(i) A motor carrier may receive an exception from this requirement on a case-by-case basis if the motor carrier can demonstrate that denial of a bypass permit will cause a hardship if the vehicle must be diverted to a port of entry.

(b) The basis for qualification to participate in the bypass program is based in part on the carrier's safety history as shown in the Federal Motor Carrier Safety Administration's Safety Measurement System.

(i) A carrier with a CSA basic score equal to or greater than the intervention thresholds noted in Table 4 for General, HM, and Passenger, plus one other BASIC at or above the motor carrier threshold is not eligible to participate in the bypass program.

(ii) A carrier is not eligible for a bypass permit if the carrier meets the definition of a High-Risk Motor Carrier in Table 4.

TABLE 4 High-risk Motor Carrier Criteria
Basic	General	HM	Passenger
Unsafe Driving	65%	60%	50%
Fatigue Driving (HOS)	65%	60%	50%
Driver Fitness	80%	75%	65%
Controlled Substances and Alcohol	80%	75%	65%
Vehicle Maintenance	80%	75%	65%
Cargo-Related	80%	75%	65%
Crash Indicator	65%	60%	50%

(c) A carrier may become eligible for a bypass permit after a focused or comprehensive review indicates that the carrier is in compliance.

(d) As a condition of receiving a bypass permit, a motor carrier is subject to audits, safety assessments, and inspections as the division considers necessary to carry out state and federal law.

(e) Vehicles that obtain bypass privileges must have a weight ticket, from a scale certified by the Department of Agriculture, available for inspection by law enforcement. Scale tickets must be electronically printed and must specify the time, date, unit-specific information, and destination.

(2) Bypass applications must be submitted to the division.

(a) Bypass privilege carriers must re-apply annually.

(b) Subcontractors operating under their authority must apply for bypass privileges independently.

(c) Carriers who lease vehicles from a subcontractor must ensure that the established bypass criterion is met to maintain privileges.

(d) Bypass permit privileges are valid from the approval date and expire at the end of the application year on December 31.

(e) Applications must show routing information including point of origin, destination, and routine routes traveled.

(3) Approved vehicles within a motor carrier's fleet will be issued a bypass decal, specific to each vehicle, and will receive a bypass certificate that must be carried in the vehicle.

(4) Bypass privileges may be granted to carriers traversing multiple ports of entry within the same route.

(5) Authorized bypass routes are allowed for the following Port of Entries:

(a) Daniels Port of Entry on SR 40 with empty vehicles, traveling eastbound only;

(b) Kanab Port of Entry on Highway 89 from Kanab's Main Street to the Kanab Port of Entry, while traveling on Hwy 389 between Las Vegas, Nevada and Page, Arizona, and vehicles must clear the St. George Port of Entry;

(c) Perry Port of Entry may be bypassed and travel on Highway 89 between Brigham City and Ogden; and

(d) Monticello Port of Entry may be bypassed on US-191 with empty vehicles only.

(6) Bypass privileges may be revoked or suspended should a carrier fail to meet the safety standards as set forth in the:

(a) compliance, Safety, Accountability (CSA) program of the Federal Motor Carrier Safety Administration;

(b) Federal Motor Carrier Safety Regulations;

(c) size and weight limitations;

(d) bypass zone routes; and

(e) out-of-service criteria.

(7) If an application for a bypass permit is denied the motor carrier may file an appeal.

(a) The appeal will be handled by the division hearing officer.

(8) The division will notify local law enforcement agencies of those carriers meeting the criteria for bypass privileges.

Notes

Utah Admin. Code R909-2-36

Amended by Utah State Bulletin Number 2017-21, effective 10/10/2017 Amended by Utah State Bulletin Number 2019-1, effective 12/12/2018 Amended by Utah State Bulletin Number 2020-02, effective 12/31/2019 Amended by Utah State Bulletin Number 2020-23, effective 11/12/2020 Amended by Utah State Bulletin Number 2023-02, effective 1/10/2023 Amended by Utah State Bulletin Number 2024-21, effective 10/22/2024