Section R909-2-29 - Requirements for Pilot Escort Qualified Training and Certification Programs(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;(c) resumes of each instructor outlining related experience in the pilot escort, heavy haul, academia, or commercial vehicle enforcement fields;(d) a copy of the 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 the "Flagger" certification card that will be issued to students upon completion of the course;(g) procedural guidelines that outline security measures implemented to safeguard students' 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;(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 the maintenance of equipment; and(g) one to six questions dealing with items that must be collected in a route survey.(4) Grading of examinations. The 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 through 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 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 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: (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.Utah Admin. Code R909-2-29
Amended by Utah State Bulletin Number 2017-21, effective 10/10/2017Amended by Utah State Bulletin Number 2019-1, effective 12/12/2018Amended by Utah State Bulletin Number 2020-02, effective 12/31/2019Amended by Utah State Bulletin Number 2020-23, effective 11/12/2020Amended by Utah State Bulletin Number 2023-02, effective 1/10/2023Amended by Utah State Bulletin Number 2024-21, effective 10/22/2024