Utah Admin. Code R926-17-8 - User Agreements Between Account Managers and RUC Participants

(1)

(a) The account manager may not enter into a user agreement with a RUC participant unless the department has approved the agreement, including approval of any amendments to a previously approved agreement.

(b) The department shall review proposed user agreements for compliance with this rule and state statutes related to the program.

(2) The account manager and the department shall ensure that the user agreement clearly explains data collection and retention and privacy protection components of the program.

(3) The user agreement shall include the following components:

(a) a description of the mechanisms a RUC participant may use to report mileage for the vehicle being enrolled;

(b) a description of the electronic payment mechanism chosen by the RUC participant;

(c) a form for the RUC participant to give consent to have a bank account or credit card debited when the wallet balance drops below a defined minimum threshold, and commitment to keep payment information current while enrolled in the program;

(d) refund procedures for when a positive wallet balance exists when a RUC participant exits the program;

(e) a process for notifying the account manager when a RUC participant would like to withdraw from the program after meeting the requirements described in Section R926-17-3;

(f) information about how data may be aggregated, anonymized, or shared;

(g) a process for RUC participants to view their collected data and lodge a dispute if they believe charges have accrued to their accounts erroneously; and

(h) a processes and consequences of withdrawal from the program both before and after full completion of the current annual registration cycle applicable to the enrolled vehicle, as detailed in Section R926-17-3.

(4) The user agreement shall explain penalties associated with violation of its terms including penalties for nonpayment of RUC fees, not providing the odometer in a timely manner, or intentional tampering with mileage reporting mechanisms.

(5) Failure to comply with user agreement terms may result in the following enforcement actions:

(a) an initial warning about the violation and steps for becoming compliant;

(b) an automatic adjustment to a RUC participant's eligible program mileage to account for the time period in which the odometer value was not provided by the RUC participant;

(c) a penalty fee, assessed to the RUC participant's electronic wallet if a warning does not result in compliance;

(d) billing of the RUC participant's electronic wallet for outstanding fees owed; and

(e) notification by the account manager to the DMV that a RUC participant has unpaid fees owed to the account manager, and subsequent placement of a registration hold by the DMV on the enrolled vehicle if the RUC participant's electronic payment information is invalid or does not have enough balance to successfully pay the total fees owed. RUC participants with registration holds assessed shall successfully settle their RUC account with the account manager before having the hold released by the DMV and being able to register the vehicle again.

Notes

Utah Admin. Code R926-17-8

Adopted by Utah State Bulletin Number 2019-18, effective 8/26/2019 Amended by Utah State Bulletin Number 2023-03, effective 1/24/2023 Amended by Utah State Bulletin Number 2024-20, effective 10/7/2024