Utah Code § 72-9-501 Construction, operation, and maintenance of ports-of-entry by the department -- Function of ports-of-entry -- Checking and citation powers of port-of-entry agents.
72-9-501. Construction, operation, and maintenance of ports-of-entry by the department -- Function of ports-of-entry -- Checking and citation powers of port-of-entry agents.
(1)
(a) The department shall construct ports-of-entry for the purpose of checking motor carriers, drivers, vehicles, and vehicle loads for compliance with state and federal laws including laws relating to:
(i) driver qualifications;
(ii) Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act;
(iii) vehicle registration;
(iv) fuel tax payment;
(v) vehicle size, weight, and load;
(vi) security or insurance;
(vii) this chapter;
(viii) hazardous material as defined under 49 U.S.C. Sec. 5102; and
(ix) safety.
(b) The ports-of-entry shall be located on state highways at sites determined by the department.
(2)
(a) The ports-of-entry shall be operated and maintained by the department.
(b) A port-of-entry agent or a peace officer may check, inspect, or test drivers, vehicles, and vehicle loads for compliance with state and federal laws specified in Subsection (1).
(3)
(a) A port-of-entry agent or a peace officer, in whose presence an offense described in this section is committed, may:
(i) issue and deliver a misdemeanor or infraction citation under Section 77-7-18;
(ii) request and administer chemical tests to determine blood alcohol concentration in compliance with Section 41-6a-515;
(iii) place a driver out-of-service in accordance with Section 53-3-417; and
(iv) serve a driver with notice of the Driver License Division of the Department of Public Safety's intention to disqualify the driver's privilege to drive a commercial motor vehicle in accordance with Section 53-3-418.
(b) This section does not grant actual arrest powers as defined in Section 77-7-1 to a port-of-entry agent who is not a peace officer or special function officer designated under Title 53, Chapter 13, Peace Officer Classifications.
(4)
(a) A port-of-entry agent, a peace officer, or the Division of Wildlife Resources may inspect, detain, or quarantine a conveyance or equipment in accordance with Sections 23A-10-301 and 23A-10-302.
(b) The department is not responsible for decontaminating a conveyance or equipment detained or quarantined.
(c) The Division of Wildlife Resources may decontaminate, as defined in Section 23A-10-101, a conveyance or equipment at the port-of-entry if authorized by the department.
Amended by Chapter 34, 2023 General Session