§ 72-9-501. Construction, operation, and maintenance of by the department -- Function of -- Checking and citation powers of 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. 5102;

(ix) livestock transportation; and

(x) 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 23-27-301 and 23-27-302.

(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 23-27-102, a conveyance or equipment at the port-of-entry if authorized by the department.

Amended by Chapter 284, 2008 General Session