Utah Code Department Of Transportation Administration Act .
Utah CodeTitle 72. Transportation CodeChapter 1Department of Transportation Administration ActPart 1General Provisions72-1-101 Title.(1) This title is known as the "Transportation Code."(2) This chapter is known as the "Department of Transportation Administration Act."Renumbered and Amended by Chapter 270, 1998 General Session72-1-102 Definitions.As used in this title:(1) "Circulator alley" means a publicly owned passageway:(a) with a right-of-way width of 20 feet or greater;(b) located within a master planned community;(c) established by the city having jurisdictional authority as part of the street network for trafficcirculation that may also be used for:(i) garbage collection;(ii) access to residential garages; or(iii) access rear entrances to a commercial establishment; and(d) constructed with a bituminous or concrete pavement surface.(2) "Commission" means the Transportation Commission created under Section 72-1-301.(3) "Construction" means the construction, reconstruction, replacement, and improvement of thehighways, including the acquisition of rights-of-way and material sites.(4) "Department" means the Department of Transportation created in Section 72-1-201.(5) "Executive director" means the executive director of the department appointed under Section72-1-202.(6) "Farm tractor" has the meaning set forth in Section 41-1a-102.(7) "Federal aid primary highway" means that portion of connected main highways located withinthis state officially designated by the department and approved by the United States Secretaryof Transportation under Title 23, Highways, U.S.C.(8) "Highway" means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert,bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public,or made public in an action for the partition of real property, including the entire area within theright-of-way.(9) "Highway authority" means the department or the legislative, executive, or governing body of acounty or municipality.(10) "Implement of husbandry" has the meaning set forth in Section 41-1a-102.(11) "Interstate system" means any highway officially designated by the department and includedas part of the national interstate and defense highways, as provided in the Federal Aid HighwayAct of 1956 and any supplemental acts or amendments.Page 1
Utah Code(12) "Limited-access facility" means a highway especially designated for through traffic, and over,from, or to which neither owners nor occupants of abutting lands nor other persons have anyright or easement, or have only a limited right or easement of access, light, air, or view.(13) "Master planned community" means a land use development:(a) designated by the city as a master planned community; and(b) comprised of a single development agreement for a development larger than 500 acres.(14) "Motor vehicle" has the same meaning set forth in Section 41-1a-102.(15) "Municipality" has the same meaning set forth in Section 10-1-104.(16) "National highway systems highways" means that portion of connected main highways locatedwithin this state officially designated by the department and approved by the United StatesSecretary of Transportation under Title 23, Highways, U.S.C.(17)(a) "Port-of-entry" means a fixed or temporary facility constructed, operated, and maintainedby the department where drivers, vehicles, and vehicle loads are checked or inspected forcompliance with state and federal laws as specified in Section 72-9-501.(b) "Port-of-entry" includes inspection and checking stations and weigh stations.(18) "Port-of-entry agent" means a person employed at a port-of-entry to perform the dutiesspecified in Section 72-9-501.(19) "Public transit" means the same as that term is defined in Section 17B-2a-802.(20) "Public transit facility" means a transit vehicle, transit station, depot, passenger loading orunloading zone, parking lot, or other facility:(a) leased by or operated by or on behalf of a public transit district; and(b) related to the public transit services provided by the district, including:(i) railway or other right-of-way;(ii) railway line; and(iii) a reasonable area immediately adjacent to a designated stop on a route traveled by atransit vehicle.(21) "Right-of-way" means real property or an interest in real property, usually in a strip, acquiredfor or devoted to a highway.(22) "Sealed" does not preclude acceptance of electronically sealed and submitted bids orproposals in addition to bids or proposals manually sealed and submitted.(23) "Semitrailer" has the meaning set forth in Section 41-1a-102.(24) "SR" means state route and has the same meaning as state highway as defined in thissection.(25) "State highway" means those highways designated as state highways in Title 72, Chapter 4,Designation of State Highways Act.(26) "State transportation purposes" has the meaning set forth in Section 72-5-102.(27) "State transportation systems" means all streets, alleys, roads, highways, pathways, andthoroughfares of any kind, including connected structures, airports, aerial corridor infrastructure,spaceports, public transit facilities, and all other modes and forms of conveyance used by thepublic.(28) "Trailer" has the meaning set forth in Section 41-1a-102.(29) "Truck tractor" has the meaning set forth in Section 41-1a-102.(30) "UDOT" means the Utah Department of Transportation.(31) "Vehicle" has the same meaning set forth in Section 41-1a-102.Amended by Chapter 243, 2020 General SessionAmended by Chapter 377, 2020 General SessionPage 2
Utah CodePart 2Department of Transportation72-1-201 Creation of Department of Transportation -- Functions, powers, duties, rights, andresponsibilities.(1) There is created the Department of Transportation which shall:(a) have the general responsibility for planning, research, design, construction, maintenance,security, and safety of state transportation systems;(b) provide administration for state transportation systems and programs;(c) implement the transportation policies of the state;(d) plan, develop, construct, and maintain state transportation systems that are safe, reliable,environmentally sensitive, and serve the needs of the traveling public, commerce, andindustry;(e) establish standards and procedures regarding the technical details of administration of thestate transportation systems as established by statute and administrative rule;(f) advise the governor and the Legislature about state transportation systems needs;(g) coordinate with utility companies for the reasonable, efficient, and cost-effective installation,maintenance, operation, relocation, and upgrade of utilities within state highway rights-of-way;(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules forthe administration of the department, state transportation systems, and programs;(i) jointly with the commission annually report to the Transportation Interim Committee, byNovember 30 of each year, as to the operation, maintenance, condition, mobility, and safetyneeds for state transportation systems;(j) ensure that any training or certification required of a public official or public employee, as thoseterms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Trainingand Certification Requirements, if the training or certification is required:(i) under this title;(ii) by the department; or(iii) by an agency or division within the department; and(k) study and make recommendations to the Legislature on potential managed lane use andimplementation on selected transportation systems within the state.(2)(a) The department shall exercise reasonable care in designing, constructing, and maintaining astate highway in a reasonably safe condition for travel.(b) Nothing in this section shall be construed as:(i) creating a private right of action; or(ii) expanding or changing the department's common law duty as described in Subsection (2)(a)for liability purposes.Amended by Chapter 431, 2019 General Session72-1-202 Executive director of department -- Appointment -- Qualifications -- Term -Responsibility -- Power to bring suits -- Salary.(1)Page 3
Utah Code(a) The governor, with the advice and consent of the Senate, shall appoint an executive directorto be the chief executive officer of the department.(b) The executive director shall be a registered professional engineer and qualified executive withtechnical and administrative experience and training appropriate for the position.(c) The executive director shall remain in office until a successor is appointed.(d) The executive director may be removed by the governor.(2) In addition to the other functions, powers, duties, rights, and responsibilities prescribed in thischapter, the executive director shall:(a) have responsibility for the administrative supervision of the state transportation systems andthe various operations of the department;(b) have the responsibility for the implementation of rules, priorities, and policies established bythe department and the commission;(c) have the responsibility for the oversight and supervision of any transportation project for whichstate funds are expended;(d) have full power to bring suit in courts of competent jurisdiction in the name of the departmentas the executive director considers reasonable and necessary for the proper attainment of thegoals of this chapter;(e) receive a salary, to be established by the governor within the salary range fixed by theLegislature in Title 67, Chapter 22, State Officer Compensation, together with actual travelingexpenses while away from the executive director's office on official business;(f) purchase all equipment, services, and supplies necessary to achieve the department'sfunctions, powers, duties, rights, and responsibilities delegated under Section 72-1-201;(g) have the responsibility to determine whether a purchase from, contribution to, or otherparticipation with a public entity or association of public entities in a pooled fund programto acquire, develop, or share information, data, reports, or other services related to thedepartment's mission are procurement items under Title 63G, Chapter 6a, Utah ProcurementCode;(h) have responsibility for administrative supervision of the Comptroller Division, the InternalAudit Division, and the Communications Division; and(i) appoint assistants, to serve at the discretion of the executive director, to administer thedivisions of the department.(3) The executive director may employ other assistants and advisers as the executive director findsnecessary and fix salaries in accordance with the salary standards adopted by the Departmentof Human Resource Management.Amended by Chapter 352, 2020 General Session72-1-203 Deputy director -- Appointment -- Qualifications -- Other assistants and advisers -Salaries.(1) The executive director shall appoint two deputy directors, who shall serve at the discretion ofthe executive director.(2)(a) The deputy director of engineering and operations shall be a registered professional engineerin the state and is the chief engineer of the department.(b) The deputy director of engineering and operations shall assist the executive director withareas of responsibility that may include:(i) project development, including statewide standards for project design and construction, rightof-way, materials, testing, structures, and construction;Page 4
Utah Code(ii) oversight of the management of the region offices described in Section 72-1-205;(iii) operations and traffic management;(iv) oversight of operations of motor carriers and ports;(v) transportation systems safety;(vi) aeronautical operations; and(vii) equipment for department engineering and maintenance functions.(c) The deputy director of planning and investment shall assist the executive director with areasof responsibility that may include:(i) oversight and coordination of planning, including:(A) development of statewide strategic initiatives for planning across all modes oftransportation;(B) coordination with metropolitan planning organizations and local governments; and(C) corridor and area planning;(ii) asset management;(iii) programming and prioritization of transportation projects;(iv) fulfilling requirements for environmental studies and impact statements;(v) resource investment, including identification, development, and oversight of public-privatepartnership opportunities;(vi) data analytics services to the department;(vii) corridor preservation;(viii) employee development;(ix) maintenance planning; and(x) oversight and facilitation of the negotiations and integration of public transit providersdescribed in Section 17B-2a-827.Amended by Chapter 479, 2019 General Session72-1-204 Divisions enumerated -- Duties.In addition to divisions created by the department necessary to administer the areas ofresponsibility of the deputy directors as described in Section 72-1-203, the divisions of thedepartment are:(1) the Comptroller Division responsible for:(a) all financial aspects of the department, including budgeting, accounting, and contracting;(b) providing all material data and documentation necessary for effective fiscal planning andprogramming; and(c) procuring administrative supplies;(2) the Internal Audit Division responsible for:(a) conducting and verifying all internal audits and reviews within the department;(b) performing financial and compliance audits to determine the allowability and reasonablenessof proposals, accounting records, and final costs of consultants, contractors, utilitycompanies, and other entities used by the department; and(c) implementing audit procedures that meet or exceed generally accepted auditing standardsrelating to revenues, expenditures, and funding; and(3) the Communications Division responsible for:(a) developing, managing, and implementing the department's public hearing processes andprograms;(b) responding to public complaints, requests, and input;(c) assisting the divisions and regions in the department's public involvement programs;Page 5
Utah Code(d) developing and managing internal department communications; and(e) managing and overseeing department media relations.Amended by Chapter 479, 2019 General Session72-1-205 Region offices -- Region directors -- Qualifications -- Responsibilities.(1) The department shall maintain region offices throughout the state as the executive directorfinds reasonable and necessary for the efficient carrying out of the duties of the department.(2)(a) The executive director shall appoint a region director for each region.(b) Each region director shall be a qualified executive with technical and administrativeexperience and training.(3) The executive director shall establish the responsibilities of each region director.(4) The executive director may also establish district offices within a region to implementmaintenance, encroachment, safety, community involvement, and loss management functionsof the region.Amended by Chapter 479, 2019 General Session72-1-206 Performance auditing -- Appointment or employment -- Duties -- Reports.(1)(a) The executive director, with the approval of a majority vote of the commission for eachappointment, shall, to conduct the audits required in this section:(i) appoint not less than two performance auditors; or(ii) employ auditing experts from outside the department.(b) A performance auditor appointed under Subsection (1)(a)(i) may only be removed by theexecutive director with the approval of a majority vote of the commission.(c) Each auditor appointed under Subsection (1)(a)(i) shall have at least three years' experiencein performance auditing prior to appointment.(2) The executive director shall ensure that the auditors under Subsection (1) receive:(a) any staff support from the department that is necessary to fulfill their duties; and(b) access to all the department's records and information.(3) The auditors under Subsection (1) shall conduct, as prioritized by the commission:(a) performance audits to determine the efficiency and effectiveness of the department;(b) financial audits to ensure the efficient and effective expenditure of department money;(c) audits to ensure department compliance with state statutes, commission priorities, andlegislative appropriation intent statements;(d) audits to determine the impact of federal mandates, including air quality, wetlands, and otherenvironmental standards on the cost and schedule of department projects;(e) external audits on persons entering into contracts with the department, as necessary;(f) studies to determine the time required to accomplish department and external contract workand their relative efficiencies;(g) evaluations of the department's quality assurance and quality control programs; and(h) any other executive director or commission requests.(4) The auditors under Subsection (1) shall:(a) conduct audits in accordance with applicable professional auditing standards; and(b) provide copies of all reports of audit findings to the commission, the executive director, andthe Legislative Auditor General.Page 6
Utah CodeAmended by Chapter 144, 2017 General Session72-1-207 Department may sue and be sued -- Legal adviser of department -- Partial waiver ofEleventh Amendment immunity.(1) The department may sue, and it may be sued only on written contracts made by it or under itsauthority.(2) The department may sue in the name of the state.(3) In all matters requiring legal advice in the performance of its duties and in the prosecutionor defense of any action growing out of the performance of its duties, the attorney general isthe legal adviser of the commission, and the department, and shall perform any and all legalservices required by the commission and the department without other compensation than hissalary.(4) Upon request of the department, the attorney general shall aid in any investigation, hearing, ortrial under the provisions of Chapter 9, Motor Carrier Safety Act, and institute and prosecuteactions or proceedings for the enforcement of the provisions of the Constitution and statutesof this state or any rule or order of the department affecting motor carriers of persons andproperty.(5)(a) The state waives its immunity under the 11th Amendment of the United States Constitutionand consents to suit in a federal court for lawsuits arising out of the department's compliance,discharge, or enforcement of responsibilities assumed pursuant to 23 U.S.C. Secs. 326 and327.(b) The waiver of immunity under this Subsection (5) is valid only if:(i) the executive director or the executive director's designee executes a memorandumof understanding with the United States Department of Transportation accepting thejurisdiction of the federal courts as required by 23 U.S.C. Secs. 326(c) and 327(c);(ii) before execution of the memorandum of understanding under Subsection (5)(b)(i), theattorney general has issued an opinion letter to the executive director and the administratorof the Federal Highway Administration that the memorandum of understanding and thewaiver of immunity are valid and binding upon the state;(iii) the act or omission that is the subject of the lawsuit arises out of or relates to compliance,discharge, or enforcement of responsibilities assumed by the department pursuant to 23U.S.C. Secs. 326 and 327; and(iv) the memorandum of understanding is in effect when the act or omission that is the subjectof the federal lawsuit occurred.Amended by Chapter 144, 2015 General Session72-1-208 Cooperation with counties, cities, towns, the federal government, and all statedepartments -- Inspection of work done by a public transit district.(1) The department shall cooperate with the counties, cities, towns, and community reinvestmentagencies in the construction, maintenance, and use of the highways and in all related matters,and may provide services to the counties, cities, towns, and community reinvestment agencieson terms mutually agreed
Utah Code Page 1 Title 72. Transportation Code Chapter 1 Department of Transportation Administration Act Part 1 General Provisions 72-1-101 Title. (1) This title is known as the "Transportation Code." (2) This chapter is known as the "Department of Transportation Administration Act." Renumbered and Amended by Chapter 270, 1998 General Session
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