First Substitute S.B. 106

Senator Patricia W. Jones proposes the following substitute bill:

1 MOTOR VEHICLE NOISE EMISSION
2 STANDARDS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Patricia W. Jones
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to noise
11 suppressing system standards for exhaust muffler systems on motor vehicles.
12 Highlighted Provisions:
13 This bill:
14 . provides that a motor vehicle shall be equipped with a muffler that:
15 . is installed by the original manufacturer of the vehicle and is not modified or
16 meets specifications equivalent to the muffler installed by the original
17 manufacturer of the vehicle and is not modified; and
18 . is in compliance with federal law;
19 . provides that a person may not operate a motor vehicle which produces excessive or
20 unusual noise on a highway; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

26 Utah Code Sections Affected:
27 AMENDS:
28 41-6a-1626, as renumbered and amended by Laws of Utah 2005, Chapter 2
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 41-6a-1626 is amended to read:
32 41-6a-1626. Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
33 control devices.
34 (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
35 unusual noise.
36 (b) A motor vehicle shall be equipped with a muffler [or other effective noise
37 suppressing system] that:
38 (i) is in good working order and in constant operation[.];
39 (ii) (A) is installed by the original manufacturer of the vehicle and is not modified; or
40 (B) meets specifications equivalent to the muffler installed by the original
41 manufacturer of the vehicle and is not modified; and
42 (iii) is in compliance with federal law.
43 (c) A person may not:
44 (i) use a muffler cut-out, bypass, or similar device on a vehicle[.]; or
45 (ii) operate a motor vehicle which produces excessive or unusual noise on a highway.
46 (2) (a) Except while the engine is being warmed to the recommended operating
47 temperature, the engine and power mechanism of a:
48 (i) gasoline-powered motor vehicle may not emit visible contaminants during
49 operation;
50 (ii) diesel engine manufactured on or after January 1, 1973, may not emit visible
51 contaminants of a shade or density darker than 20% opacity; and
52 (iii) diesel engine manufactured before January 1, 1973, may not emit visible
53 contaminants of a shade or density darker than 40% opacity.
54 (b) A person who violates the provisions of Subsection (2)(a) is guilty of a class C
55 misdemeanor.
56 (3) (a) A motor vehicle equipped by a manufacturer with air pollution control devices

57 shall maintain the devices in good working order and in constant operation.
58 (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
59 may be substituted for the manufacturer's original device if the substituted device is at least as
60 effective in the reduction of emissions from the vehicle motor as the air pollution control
61 device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
62 class.
63 (c) A person who renders inoperable an air pollution control device on a motor vehicle
64 is guilty of a class B misdemeanor.
65 (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
66 fuel, as defined under Section 59-13-102 , when the emissions from the modified or altered
67 motor vehicle are at levels that comply with existing state or federal standards for the emission
68 of pollutants from a motor vehicle of the same class.