Title 72, Transportation Code

72-1-202. Executive director of department -- Appointment -- Qualifications -- Term -- Responsibility -- Power to bring suits -- Salary. (1)(a) The governor, with the advice and consent of the Senate, shall appoint an executive director to be the chief executive officer of the de…

72-1-203. Deputy director -- Appointment -- Qualifications -- Other assistants and advisers -- Salaries. (1) The executive director shall appoint the following deputy directors, who shall serve at the discretion of the executive director: (a) the deputy director of engineering an…

72-1-204. Divisions enumerated -- Duties. In addition to divisions created by the department necessary to administer the areas of responsibility of the deputy directors as described in Section 72-1-203, the divisions of the department are: (1) the Comptroller Division responsible…

72-1-205. Region offices -- Region directors -- Qualifications -- Responsibilities. (1) The department shall maintain region offices throughout the state as the executive director finds reasonable and necessary for the efficient carrying out of the duties of the department. (2)(a…

72-1-206. Performance auditing -- Appointment or employment -- Duties -- Reports. (1)(a) The executive director, with the approval of a majority vote of the commission for each appointment, shall, to conduct the audits required in this section: (i) appoint not less than two perfo…

72-1-207. Department may sue and be sued -- Legal adviser of department -- Partial waiver of Eleventh Amendment immunity. (1) The department may sue, and it may be sued only on written contracts made by it or under its authority. (2) The department may sue in the name of the stat…

72-1-208. Cooperation with counties, cities, towns, the federal government, and all state departments -- Inspection of work done by a public transit district. (1) The department shall cooperate with the counties, cities, towns, and community reinvestment agencies in the construct…

72-1-208.5. Definition -- Cooperation with metropolitan planning organizations -- Cooperation in plans and programs required. (1) As used in this section, "metropolitan planning organization" means an organization established under 23 U.S.C. Sec. 134. (2) The department shall coo…

72-1-209. Department to cooperate in programs relating to scenic centers. The department shall cooperate in planning and promoting road-building programs into the scenic centers of the state and in providing camping grounds and facilities in scenic centers for tourists with: (1) …

72-1-210. Department to be assisted by faculties and personnel of universities. The engineering machinery and apparatus and the force of mechanics and instructors in the University of Utah and Utah State University are at the disposal of the department, and any faculty member of …

72-1-211. Department to develop strategic initiatives -- Report -- Rulemaking. (1)(a) The executive director shall develop statewide strategic initiatives across all modes of transportation. (b) To develop the strategic initiatives described in Subsection (1)(a), the executive di…

72-1-212. Special use permitting -- Rulemaking. (1) As used in this section: (a) "Law enforcement agency" means the same as that term is defined in Section 53-1-102. (b) "Special use permit" means a permit issued: (i) for a special use or a special event that takes place on a hig…

72-1-213.1. Road usage charge program. (1) As used in this section: (a) "Account manager" means an entity under contract with the department to administer and manage the road usage charge program. (b) "Alternative fuel vehicle" means: (i) an electric motor vehicle as defined in S…

72-1-213.2. Road Usage Charge Program Special Revenue Fund -- Revenue. (1) There is created an expendable special revenue fund within the Transportation Fund known as the "Road Usage Charge Program Special Revenue Fund." (2)(a) The fund shall be funded from the following sources:…

72-1-214. Department designated as state safety oversight agency for rail fixed guideway public transportation safety -- Powers and duties -- Rulemaking. (1)(a) Except as provided in Subsection (1)(b), as used in this section, "fixed guideway" means the same as that term is defin…

72-1-215. Affordable housing study. (1) As used in this section, "moderate income housing unit" means a housing unit that has an appraised value that would allow, as estimated by the department, a household whose income is no more than 80% of the area median income to occupy the …

72-1-216. Statewide electric vehicle charging network plan -- Report. (1)(a) The department, in consultation with relevant entities in the private sector, shall develop a statewide electric vehicle charging network plan. (b) To develop the statewide electric vehicle charging netw…

72-1-217. Department of Transportation study items. (1) The department shall carry out transportation studies described in this section as resources allow. (2)(a) The department shall study items related to advanced air mobility as described in this Subsection (2). (b) The depart…

72-1-218. Advanced air mobility community outreach. The department shall conduct a community outreach and public education campaign that: (1) educates the public regarding advanced air mobility, including: (a) the information and findings of relevant studies and reports that the …

72-1-219. Executive director authority during a natural disaster. (1) As used in this section, "natural disaster" means the same as that term is defined in Section 63G-6a-803. (2) Subject to Subsection (3), the executive director may determine priorities and funding levels of pro…

72-1-220. Discovery and admission as evidence of certain reports and surveys. (1) Subject to Subsection (2), and notwithstanding any other provision of law, the following materials are privileged, are not subject to discovery or admissible evidence in a proceeding before a federa…

72-1-301. Transportation Commission created -- Members, appointment, terms -- Qualifications -- Pay and expenses -- Chair -- Quorum. (1)(a) There is created the Transportation Commission which shall consist of seven members. (b) The members of the commission shall be residents of…

72-1-302. Commission offices and meetings. (1) The commission shall hold regular public meetings at least quarterly. (2) The commission may hold additional public meetings as determined by the chair of the commission in consultation with the executive director of the department.…

72-1-303. Duties of commission. (1) The commission has the following duties: (a) determining priorities and funding levels of projects and programs in the state transportation systems and the capital development of new public transit facilities for each fiscal year based on proje…

72-1-304. Written project prioritization process for new transportation capacity projects -- Rulemaking. (1)(a) The Transportation Commission, in consultation with the department and the metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written…

72-1-305. Project selection using the written prioritization process -- Public comment -- Report. (1) Except as provided in Subsection (4), in determining priorities and funding levels of projects in the state transportation system under Subsection 72-1-303(1)(a) that are new tra…

72-2-101. Title. This chapter is known as the "Transportation Finances Act."

72-2-102. Transportation Fund. (1) There is created a fund entitled the "Transportation Fund." (2) Transportation Fund money shall be used exclusively for highway purposes as provided in this title.

72-2-103. Limitations on Transportation Fund appropriations to agencies not a part of the Department of Transportation -- Exceptions. (1) Except as provided under Subsection (2), the amount appropriated or transferred from the Transportation Fund each year may not exceed a combin…

72-2-104. Budget. (1) The department shall prepare and submit to the governor, to be included in the governor's budget to be submitted to the Legislature, a budget of the requirements for the operation of the department for the fiscal year following the convening of the Legislatu…

72-2-105. Budgetary accounts within Transportation Fund -- Disposition of unexpended balances. (1) The amount designated by the Legislature, out of which the items budgeted shall be paid, shall be established in appropriation and allotment accounts within the Transportation Fund.…

72-2-106. Appropriation and transfers from Transportation Fund. (1) On and after July 1, 1981, there is appropriated from the Transportation Fund to the use of the department an amount equal to two-elevenths of the taxes collected from the motor fuel tax and the special fuel tax,…

72-2-107. Appropriation from Transportation Fund -- Apportionment for class B and class C roads. (1) There is appropriated to the department from the Transportation Fund annually an amount equal to 30% of an amount which the director of finance shall compute in the following mann…

72-2-108. Apportionment of funds available for use on class B and class C roads -- Bonds. (1) For purposes of this section: (a) "Eligible county" means a county of the fifth class, as classified under Section 17-60-104, that received a distribution for fiscal year 2015 that was r…

72-2-109. Rules for uniform accounting -- Apportionment and use of class B and class C road funds -- Compliance with federal-aid provisions -- Duties of department. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules pr…

72-2-110. Funds allocated to class B and class C roads -- Matching federal funds -- R.S. 2477 rights. A county or municipality may: (1) use funds which are allocated to class B and class C roads for matching federal funds for the construction of secondary roads now available or w…

72-2-111. Assent to federal acts on federal aid for highway purposes -- Department to represent state -- Pledge of funds -- Rulemaking authority -- Contracts for energy conservation. (1)(a) The Legislature assents to all the provisions of Title 23, Highways, U.S.C., relating to f…

72-2-112. Transportation department authorized to participate in federal program -- Prohibition against spending certain transportation funds. (1) Notwithstanding any law to the contrary, the department is empowered to participate in the deferred payment program authorized by Con…

72-2-113. Rulemaking for cost limitations on contracts -- Auditing for compliance -- Federal accounting and audit standards. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules for determining the allowability of costs in…

72-2-114. Transfer of money -- Debt service. (1) When there are insufficient appropriations or money available from other legal sources to pay interest on any bond anticipation notes issued under the authority of Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note A…

72-2-115. Transportation Fund balance -- Income -- Allocation. All interest and earnings and other income derived from the Transportation Fund balance shall be credited to the Transportation Fund, including the collector road and B and C road accounts in proportion to the various…

72-2-116. Gifts, bequests, and donations part of Transportation Fund -- Expenditure. (1) Gifts, bequests, and donations by individuals, corporations, or societies to the state for road building purposes shall become part of the Transportation Fund, and shall be expended for state…

72-2-117. Marda Dillree Corridor Preservation Fund -- Distribution -- Repayment -- Rulemaking. (1) There is created the Marda Dillree Corridor Preservation Fund within the Transportation Fund. (2) The fund shall be funded from the following sources: (a) motor vehicle rental tax i…

72-2-117.5. Definitions -- Local Highway and Transportation Corridor Preservation Fund -- Disposition of fund money. (1) As used in this section: (a) "Council of governments" means a decision-making body in each county composed of membership including the county governing body an…

72-2-120. Tollway Special Revenue Fund -- Revenue. (1) There is created a special revenue fund within the Transportation Fund known as the "Tollway Special Revenue Fund." (2) The fund shall be funded from the following sources: (a) tolls collected by the department under Section …

72-2-121. County of the First Class Highway Projects Fund. (1) There is created a special revenue fund within the Transportation Fund known as the "County of the First Class Highway Projects Fund." (2) The fund consists of money generated from the following revenue sources: (a) a…