Current through Bulletin 2024-06, March 15, 2024
(1) Application process. Application to
become a third-party pilot escort trainer or instructor must be made on a form
furnished by the division, and must include the following:
(a) name and address of entity;
(b) list of instructors;
(c) resumes of each instructor outlining
related experience in the pilot escort, heavy haul, academia, or commercial
vehicle enforcement fields;
(d) a
copy of entity's business license;
(e) sample of digital image certification
card that will be issued to students upon completion of the course;
(f) sample of "Flagger" certification card
that will be issued to students upon completion of the course;
(g) procedural guidelines that outline
security measures implemented to safeguard student's personal information;
and
(h) copies of course curriculum
and testing materials. Course materials will be reviewed and approved by the
division to ensure that requirements are met.
(2) Course curriculum requirements. An
extensive course curriculum description and information can be obtained by
contacting the UDOT Motor Carrier Division Customer Service or Super load team
at (801) 965-4892. Course curriculum to certify pilot escort drivers to operate
in Utah must cover the following topics:
(a)
division rules governing oversize load movements;
(b) pilot escort operations;
(c) flagging maneuvers for over -dimensional
loads;
(d) oversize or overweight
load movement, coordination, planning and communication requirements and best
practices;
(e) pilot escort vehicle
positioning and situational training;
(f) rail grade crossing safety;
(g) routing techniques, including pre-trip
surveys; and (h) insurance coverage requirements and liability
issues.
(3) Testing
procedures.
Testing materials must be submitted to the division for
approval. Tests should be structured with a minimum of 40 questions per exam. A
minimum of two different examinations must be submitted and used randomly
during the instruction of the course and structured as follows:
(a) 12 Fill in the blank;
(b) 12 Multiple choice;
(c) 12 true and false questions;
(d) one to six questions dealing with safety
equipment;
(e) one to four
questions dealing with the duties of pilot escort drivers;
(f) one to six questions dealing with
maintenance of equipment; and
(g)
one to six questions dealing with items that must be collected in a route
survey.
(4) Grading of
examinations. Entity must provide an explanation of how the test will be
administered.
(5) Students must
pass with an 80% score to be certified.
(6) Students receiving less than 80% score
will be allowed to attend one additional class without additional cost except
for reimbursement of any additional materials and postage costs.
(7) If a contract is terminated with the
third-party pilot and escort trainer, it will be the responsibility of the
entity to provide an electronic database to the division, of students that have
completed the course.
(8) Applicant
Re-certification Procedures.
(a) The entity
must provide means in which an individual may be re-certified either by mail or
the internet.
(b) The entity must
submit written procedures documenting the process for the examination that will
allow the applicant re-certification. The examination must not be a duplicate
of the examination used during the initial certification process and should be
constructed as to educate the student on updates pertaining to pilot escort
certification and legal requirements.
(c) Re-certification tests must be structured
as outlined in Section
R909-2-29.
(d) Applicant's receiving less than 80% score
will be allowed to retake the certification exam one additional time at no
additional class without additional cost except for reimbursement of any
additional materials and postage costs.
(e) Students receiving less than 80% score
will be allowed to attend one additional class or certify by mail or online
without additional cost except for reimbursement of any additional materials
and postage costs.
(9)
Training costs. Costs associated with providing classroom instruction,
materials, testing, and credentialing will be the responsibility of the
authorized training entity.
(a) These costs
may be passed on to the students for certification in the form of tuition
determined by the training entity based on business model and
expenses.
(b) Cost proposal and
course fees must be submitted to the division for approval as part of the
application process.
(10)
Suspensions and revocations of pilot escort training entities.
(a) The division may suspend or revoke the
entity's ability to provide services if the entity fails to meet conditions and
requirements set forth in Section
R909-2-29.
(b) If an entity has its authority to provide
services revoked or suspended, the entity may appeal the decision.
(i) The appeals will be handled by a steering
committee created by the division.
(ii) The steering committee will have the
powers granted to the department's deputy director for appeals from other
division administrative actions.
(iii) This committee's decision, if adopted
by the director of the division, will be considered a final agency order under
the Utah Administrative Procedures Act.
(11) The division has the right to review:
(a) rates;
(b) fees;
(c) procedures; and
(d) the certification process established by
the entity when the division deems it necessary to ensure compliance with this
rule.
(12) Record
retention and data management requirements. Authorized pilot escort qualified
training and certification entities or institutions must maintain the following
certification and re-certification records for a period of eight years:
(a) student's name, address, and contact
information;
(b) driver's license
number, original MVR and original proof of insurance information from insurance
provider;
(c) copy of each
student's written exam;
(d) digital
copy of certification flagger card, including photo;
(e) training and expiration dates on
students;
(f) re-certification and
expiration dates; and
(g) list of
instructors, proctors, administrators, and a copy of their resumes and date of
classroom instruction and re-certification dates providing services.
(13) Records may be scanned and
kept electronically provided entity has necessary data backup and retrieval
procedures.
(a) The division has the right to
review any records retained and may observe the instruction given both in the
classroom and through the re-certification process when the division deems it
necessary to ensure compliance with this rule.
(b) The loss, mutilation, or destruction of
any records which an entity is required to maintain, must be immediately
reported by the entity by an affidavit stating the date these records were
lost, mutilated, or destroyed, and the circumstances involving the loss,
mutilation, or destruction.
(c)
Records must be retained by the entity for eight years, except for the
computerized file, which is to be kept permanently, during which time the
entity will be subject to inspection by the division during reasonable business
hours. If the entity goes out of business, the permanent record must be
submitted by the entity to the division.
(d) It is the responsibility of the entity to
provide a list of applicants that have successfully re-certified along with the
corresponding grade to the division at the end of each quarter of each calendar
year.
(e) Records, including
computerized records, must be provided to the division if requested for an
audit or review of the entity's records. Failure to provide records as
requested by the division is a violation of this rule.
(f) Entities must maintain accurate,
up-to-date records.
