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S.B. 120

             1     

REPLICA VEHICLE PROVISIONS

             2     
2000 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Ed P. Mayne

             5      AN ACT RELATING TO MOTOR VEHICLES; PROVIDING DEFINITIONS AND
             6      LIMITATIONS OF REPLICA VEHICLES; PROVIDING EXCEPTIONS FOR REPLICA
             7      VEHICLES FOR CERTAIN SAFETY AND EMISSIONS REQUIREMENTS; AND
             8      PROVIDING FOR CERTIFICATION OF REPLICA VEHICLE STATUS PRIOR TO
             9      INSPECTIONS.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          41-6-150.10, as last amended by Chapter 13, Laws of Utah 1992
             13      ENACTS:
             14          41-6-155.5, Utah Code Annotated 1953
             15      Be it enacted by the Legislature of the state of Utah:
             16          Section 1. Section 41-6-150.10 is amended to read:
             17           41-6-150.10. Mudguards or flaps at rear wheels of trucks, trailers, truck tractors,
             18      or altered motor vehicles -- Exemptions.
             19          (1) The definitions in Section 41-6-148.29 apply to this section.
             20          (2) (a) Except as provided in Subsections (3) and (4), when operated on a highway, a
             21      motor vehicle that has been altered from the original manufacturer's frame height or in any other
             22      manner so that the motor vehicle's wheels may throw dirt, water, or other materials on other
             23      vehicles; any truck with a gross vehicle weight rating of 10,500 pounds or more; any truck tractor;
             24      and any trailer or semitrailer with an unladen weight of 750 pounds or more shall be equipped with
             25      wheel covers, mudguards, flaps, or splash aprons behind the rearmost wheels to prevent, as far as
             26      practicable, the wheels from throwing dirt, water, or other materials on other vehicles.
             27          (b) The wheel covers, mudguards, flaps, or splash aprons shall:


             28          (i) be at least as wide as the tires they are protecting;
             29          (ii) be directly in line with the tires; and
             30          (iii) have a ground clearance of not more than 50% of the diameter of a rear-axle wheel,
             31      under any conditions of loading of the motor vehicle.
             32          (3) Wheel covers, mudguards, flaps, or splash aprons are not required if the motor vehicle,
             33      trailer, or semitrailer is designed and constructed so that the requirements of Subsection (1) are
             34      accomplished by means of fenders, body construction, or other means of enclosure.
             35          (4) Wheel covers, mudguards, flaps, or splash aprons are not required on a vehicle
             36      operated or driven during fair weather on well-maintained, hard-surfaced roads if the motor
             37      vehicle:
             38          (a) was made in America prior to 1935;
             39          (b) [is any identifiable vintage or replica of a vintage that] is [titled] registered as a vintage
             40      vehicle; or
             41          (c) is a [street rod, which means a motor] replica vehicle [with a body that is or resembles
             42      the body of a motor vehicle made prior to 1949 for its original sale and which has a significant
             43      drive train update] as defined under Section 41-6-155.5 .
             44          (5) [Rear] Except as provided in Subsection (4), rear wheels not covered at the top by
             45      fenders, bodies, or other parts of the vehicle shall be covered at the top by protective means
             46      extending rearward at least to the center line of the rearmost axle.
             47          Section 2. Section 41-6-155.5 is enacted to read:
             48          41-6-155.5. Replica vehicles -- Defined -- Compliance with all laws and standards --
             49      Exceptions -- Revocation -- Signed statement required.
             50          (1) As used in this section, "replica vehicle" means a motor vehicle with a body that is or
             51      resembles the body of a motor vehicle with a model year prior to 1969 and that may have a
             52      significant drive train or equipment upgrade. A replica vehicle is for occasional pleasure rides and
             53      is not used for general daily transportation. A replica vehicle does not include a vintage vehicle
             54      as defined in Section 41-21-1 , nor a special interest vehicle as defined in Section 41-1a-102 .
             55          (2) Except as specified under this section, a replica vehicle shall meet all safety, emissions,
             56      registration, insurance, fees, and taxes required under this title.
             57          (3) (a) Except as provided in Subsections (3)(b), all safety equipment of a replica vehicle
             58      shall at least meet the safety standards applicable to the model year of the vehicle being replicated.


             59      Any replacement equipment shall comply with the design standards of the replacement equipment's
             60      manufacture.
             61          (b) A replica vehicle shall comply with current vehicle brake and stopping standards.
             62          (c) A replica vehicle shall comply with emissions standards applicable to the model year
             63      of the engine of the replica vehicle.
             64          (4) The tax commission may revoke the registration of a replica vehicle for failure to
             65      comply with this section.
             66          (5) The owner of a replica vehicle shall provide a signed statement certifying that the
             67      replica vehicle is owned and operated for the purposes enumerated in this section to the safety
             68      inspection and emissions inspection station in order to qualify for the exceptions provided under
             69      this section.




Legislative Review Note
    as of 1-10-00 12:40 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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