H.B. 174

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 16, 2010 at 10:58 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 23, 2010 at 4:28 PM by lerror. --> This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Wed, Feb 24, 2010 at 11:00 AM by jeyring. --> 1

LICENSE PLATES AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul Ray
5 Senate Sponsor: Jon J. Greiner
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicle Act by amending provisions relating to license
10 plates.
11 Highlighted Provisions:
12 This bill:
12a H. . provides that a license plate is not required to be attached to the front of the vehicle if
12b the vehicle was not originally designed and manufactured to hold a front license plate; .H
13 . repeals the provision that provides that enforcement of the requirement to display a
14 license plate on the front of a vehicle shall only be as a secondary action when the
15 vehicle has been detained for a suspected violation of another offense by any person
16 in the vehicle;
16a H. . provides that the requirement to attach a license plate to the front of a vehicle shall
16b only be enforced if the vehicle is in motion ; .H
17 . provides that a violation of the requirement to attach a license plate to the front of a
18 vehicle is an infraction rather than a class C misdemeanor;
19 . provides that a court shall waive the fine for a violation of the requirement to attach
20 a license plate to the front of a vehicle in certain circumstances;
21 . requires a vehicle to have a tail light or a separate light that illuminates with a white
22 light the rear license plate;
23 . requires that the light illuminating the rear license plate be wired to be lighted
24 whenever the headlights or auxiliary driving lights are lighted;
25 . provides a penalty for violating the rear license plate illumination requirement;
26 . provides that a court shall waive the fine for a violation of the rear license plate
27 illumination requirement in certain circumstances; and

28 . makes technical changes.
29 Monies Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 41-1a-404, as last amended by Laws of Utah 2008, Chapter 106
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 41-1a-404 is amended to read:
39 41-1a-404. Location and position of plates.
40 (1) H. [ License ] (a) Except as provided in Subsection (1)(b), license .H plates issued
40a for a vehicle other than a motorcycle, trailer, or semitrailer
41 shall be attached to the vehicle, one in the front and the other in the rear.
41a H. (b) A license plate is not required to be attached to the front of the vehicle under this
41b Subsection (1) if the vehicle was not originally designed and manufactured to hold a front
41c license plate. .H
42 (2) The license plate issued for a motorcycle, trailer, or semitrailer shall be attached to
43 the rear of the motorcycle, trailer, or semitrailer.
44 (3) Every license plate shall at all times be:
45 (a) securely fastened:
46 (i) in a horizontal position to the vehicle for which it is issued to prevent the plate from
47 swinging;
48 (ii) at a height of not less than 12 inches from the ground, measuring from the bottom
49 of the plate; and
50 (iii) in a place and position to be clearly visible; and
51 (b) maintained:
52 (i) free from foreign materials; and
53 (ii) in a condition to be clearly legible.
54 [(4) Enforcement by a state or local law enforcement officer of the requirement under
55 Subsection (1) to attach a license plate to the front of a vehicle shall be only as a secondary
56 action when the vehicle has been detained for a suspected violation by any person in the
57 vehicle of Title 41, Motor Vehicles, other than the requirement under Subsection (1) to attach a
58 license plate to the front of the vehicle, or for another offense.]
58a H. (4) The requirement under Subsection (1) to attach a license plate to the front of a
58b vehicle shall only be enforced if the vehicle is in motion.

59 [ (4) ] (5) .H (a) Either a tail light or a separate light shall be constructed and placed to
59a illuminate
60 with a white light the rear license plate and render it legible from a distance of 50 feet to the
61 rear.
62 (b) A light described in Subsection H. [ (4) ] (5) .H (a) illuminating a rear license plate
62a shall be
63 wired to be lighted whenever the headlights or auxiliary driving lights are lighted.
64 H. [ (5) ] (6) .H (a) Except as provided in Subsections H. [ (5) ] (6) .H (b) and (c), a
64a violation of this section is a
65 class C misdemeanor.
66 (b) (i) A violation of the requirement under Subsection (1) to attach a license plate to
67 the front of a vehicle is an infraction.
68 (ii) A court shall waive the fine for a violation of the requirement under Subsection (1)
69 to attach the license plate to the front of a vehicle if:
70 (A) the person demonstrates that the person has attached a license plate to the front of
71 the vehicle subsequent to the violation but before sentencing; and
72 (B) the person has not previously been cited for a violation of the requirement under
73 Subsection (1) to attach the license plate to the front of a vehicle.
74 (c) (i) A violation of the requirement under Subsection H. [ (4) ] (5) .H to illuminate the
74a rear license
75 plate on a vehicle is an infraction.
76 (ii) A court shall waive the fine for a violation of the requirement under Subsection
76a H. [ (4) ] (5) .H
77 to illuminate the rear license plate on a vehicle if:
78 (A) the person demonstrates that the person has complied with the requirements of
79 Subsection H. [ (4) ] (5) .H subsequent to the violation but before sentencing; and
80 (B) the person has not previously been cited for a violation of the requirement under
81 Subsection H. [ (4) ] (5) .H to illuminate the rear license plate on a vehicle.




Legislative Review Note
as of 2-1-10 8:54 AM

Office of Legislative Research and General Counsel