72-9-301 - Duties -- Enforcement -- Federal safety regulations -- Audits -- Rights of entry for audits. - Utah Statutes

72-9-301. Duties -- Enforcement -- Federal safety regulations -- Audits -- Rights ofentry for audits.
(1) The department shall administer and in cooperation with the Department of PublicSafety, Utah Highway Patrol Division, as specified under Section 53-8-105, shall enforce stateand federal laws related to the operation of a motor carrier within the state, including:
(a) the operation of ports-of-entry under Section 72-9-501;
(b) vehicle size, weight, and load restrictions;
(c) security requirements;
(d) safety requirements; and
(e) the Federal Motor Carrier Safety Regulations as contained in Title 49, Code ofFederal Regulations.
(2) (a) The department shall conduct compliance audits and inspections as needed toenforce state and federal laws related to the operation of a motor carrier.
(b) The Department of Public Safety, Utah Highway Patrol Division, and other lawenforcement agencies certified by the department shall conduct inspections as needed to enforcestate and federal laws related to the operation of a motor carrier.
(3) (a) In accordance with Subsection (3)(b), the department's authorized employees oragents may enter, inspect, and examine any lands, buildings, and equipment of a motor carriersubject to this chapter, to inspect and copy any accounts, books, records, and documents in orderto administer and enforce state and federal laws related to the operation of a motor carrierprovided:
(i) the department's authorized employees or agents schedule an appointment with themotor carrier prior to entering, inspecting, or examining any facility or records of a motor carrier;or
(ii) if the department's authorized employees or agents believe that a criminal violation isinvolved and that a scheduled appointment would compromise the detection of the allegedcriminal violation, no appointment is necessary.
(b) A motor carrier shall submit its lands, buildings, and equipment for inspection andexamination and shall submit its accounts, books, records, and documents for inspection andcopying in accordance with this section.

Amended by Chapter 155, 2009 General Session