H.B. 298

1

MOTOR VEHICLE SAFETY INSPECTION AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John Dougall
5 Senate Sponsor: Michael G. Waddoups
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to motor vehicle safety inspection programs.
10 Highlighted Provisions:
11 This bill:
12 . repeals the requirement that an owner of certain vehicles is required to obtain a
13 safety inspection certificate prior to registering the vehicle;
14 . repeals the provision that prohibits a person from operating on a highway certain
15 motor vehicles required to be registered in this state unless the motor vehicle has
16 passed a safety inspection;
17 . repeals the fee for each safety inspection certificate;
18 . increases the registration fee for motor vehicles and motorcycles to offset the
19 reduced revenues from the safety inspection certificate fees;
20 . provides that a portion of the revenues from the increased motor vehicle and
21 motorcycle registration fees shall be:
22 . deposited in the Public Safety Restricted Account; and
23 . used to pay a portion of the costs to employ highway patrol officers to police or
24 patrol the highways within this state; and
25 . makes conforming changes.
26 Money Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 This bill takes effect on July 1, 2012.
30 Utah Code Sections Affected:
31 AMENDS:
32 41-1a-203, as last amended by Laws of Utah 2010, Chapter 295
33 41-1a-205, as last amended by Laws of Utah 2008, Chapters 36 and 210
34 41-1a-217, as last amended by Laws of Utah 2005, Chapter 2
35 41-1a-1201, as last amended by Laws of Utah 2011, Chapters 189 and 268
36 41-1a-1206, as last amended by Laws of Utah 2011, Chapter 268
37 41-3-303, as last amended by Laws of Utah 2005, Chapter 2
38 41-6a-1508, as last amended by Laws of Utah 2010, Chapter 255
39 53-3-106, as last amended by Laws of Utah 2011, Chapter 428
40 53-8-204, as last amended by Laws of Utah 2009, Chapter 183
41 53-8-205, as last amended by Laws of Utah 2009, Chapters 155 and 311
42 53-8-206, as last amended by Laws of Utah 2009, Chapter 311
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 41-1a-203 is amended to read:
46 41-1a-203. Prerequisites for registration, transfer of ownership, or registration
47 renewal.
48 (1) Except as otherwise provided, prior to registration of a vehicle, an owner shall:
49 (a) obtain an identification number inspection under Section 41-1a-204 ;
50 [(b) obtain a safety inspection certificate, if required in the current year, as provided
51 under Sections 41-1a-205 and 53-8-205 ;]
52 [(c)] (b) obtain a certificate of emissions inspection, if required in the current year, as
53 provided under Section 41-6a-1642 ;
54 [(d)] (c) pay property taxes, the in lieu fee, or receive a property tax clearance under
55 Section 41-1a-206 or 41-1a-207 ;
56 [(e)] (d) pay the automobile driver education tax required by Section 41-1a-208 ;
57 [(f)] (e) pay the applicable registration fee under Part 12, Fee and Tax Requirements;
58 [(g)] (f) pay the uninsured motorist identification fee under Section 41-1a-1218 , if

59 applicable;
60 [(h)] (g) pay the motor carrier fee under Section 41-1a-1219 , if applicable;
61 [(i)] (h) pay any applicable local emissions compliance fee under Section 41-1a-1223 ;
62 and
63 [(j)] (i) pay the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act.
64 (2) In addition to the requirements in Subsection (1), an owner whose vehicle has not
65 been previously registered or that is currently registered under a previous owner's name shall
66 also apply for a valid certificate of title in the owner's name prior to registration.
67 (3) A new registration, transfer of ownership, or registration renewal under Section
68 73-18-7 may not be issued for a vessel or outboard motor that is subject to the title provisions
69 of this chapter unless a certificate of title has been or is in the process of being issued in the
70 same owner's name.
71 (4) A new registration, transfer of ownership, or registration renewal under Section
72 41-22-3 may not be issued for an off-highway vehicle that is subject to the titling provisions of
73 this chapter unless a certificate of title has been or is in the process of being issued in the same
74 owner's name.
75 Section 2. Section 41-1a-205 is amended to read:
76 41-1a-205. Safety inspection certificate required for certain vehicles.
77 [(1) If required in the current year, a safety inspection certificate, as required by Section
78 53-8-205 , or proof of exemption from safety inspection shall be presented at the time of, and as
79 a condition of, registration or renewal of registration of a motor vehicle.]
80 [(2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
81 required under this section may be made no more than two months prior to the renewal of
82 registration.]
83 [(b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
84 certificate issued for the motor vehicle during the previous two months may be used to satisfy
85 the requirement under Subsection (1).]
86 [(ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
87 inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
88 dealer's name during the previous six months may be used to satisfy the requirement under
89 Subsection (1).]

90 [(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
91 safety inspection certificate issued during the previous six months may be used to satisfy the
92 requirement under Subsection (1).]
93 [(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
94 required under this section may be made no more than 11 months prior to the renewal of
95 registration.]
96 [(3) (a) The following motor vehicles are exempt from this section:]
97 [(i) except as provided in Subsection (3)(b), a new motor vehicle when registered the
98 first time, if:]
99 [(A) a new car predelivery inspection has been made by a dealer;]
100 [(B) the dealer provides a written disclosure statement listing any known deficiency,
101 existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
102 to fail a safety inspection given in accordance with Section 53-8-205 ; and]
103 [(C) the buyer signs the disclosure statement to acknowledge that the buyer has read
104 and understands the listed deficiencies;]
105 [(ii) a motor vehicle required to be registered under this chapter that bears a dealer
106 plate or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates,
107 except that if the motor vehicle is propelled by its own power and is not being moved for repair
108 or dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding safe
109 mechanical condition; and]
110 [(iii) a vintage vehicle as defined in Section 41-21-1 .]
111 [(b)] (1) A street-legal all-terrain vehicle registered in accordance with Section
112 41-6a-1509 is subject to a safety inspection the first time that a person registers an off-highway
113 vehicle as a street-legal all-terrain vehicle.
114 [(4) (a)] (2) A safety inspection certificate shall be displayed on:
115 [(i)] (a) all registered commercial motor vehicles with a gross vehicle weight rating of
116 26,000 pounds or more;
117 [(ii)] (b) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer
118 with multiple axles;
119 [(iii)] (c) a combination unit; and
120 [(iv)] (d) a bus or van for hire.

121 [(b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
122 Subsection (1).]
123 [(5) A motor vehicle may be sold and the title assigned to the new owner without a
124 valid safety inspection, but the motor vehicle may not be registered in the new owner's name
125 until the motor vehicle complies with this section.]
126 Section 3. Section 41-1a-217 is amended to read:
127 41-1a-217. Application for renewal of registration.
128 (1) Renewal of a vehicle registration shall be made by the owner upon application and
129 by payment of the fees or taxes required under Subsection 41-1a-203 (1).
130 (2) The application for registration renewal and applicable fees or taxes shall be
131 accompanied by a[: (a) safety inspection certificate as required under Section 41-1a-205 ; and
132 (b)] certificate of emissions inspection [as] if required under Section 41-6a-1642 .
133 (3) The new registration card issued shall show:
134 (a) the identical information with respect to the owner and the vehicle description
135 required by Section 41-1a-213 ; and
136 (b) the new expiration date.
137 Section 4. Section 41-1a-1201 is amended to read:
138 41-1a-1201. Disposition of fees.
139 (1) All fees received and collected under this part shall be transmitted daily to the state
140 treasurer.
141 (2) Except as provided in Subsections (3), (6), and (7) and Sections 41-1a-422 ,
142 41-1a-1220 , 41-1a-1221 , and 41-1a-1223 all fees collected under this part shall be deposited in
143 the Transportation Fund.
144 (3) Funds generated under Subsections 41-1a-1211 (1)(b)(ii), (6)(b)(ii), and (7) and
145 Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
146 license plates under Part 4, License Plates and Registration Indicia.
147 (4) In accordance with Section 63J-1-602.2 , all funds available to the commission for
148 the purchase and distribution of license plates and decals are nonlapsing.
149 (5) Except as provided in Subsection (3) and Section 41-1a-1205 , the expenses of the
150 commission in enforcing and administering this part shall be provided for by legislative
151 appropriation from the revenues of the Transportation Fund.

152 (6) (a) Except as provided in Subsection (6)(b), the following portions of the
153 registration fees imposed under Section 41-1a-1206 for each vehicle shall be deposited in the
154 Centennial Highway Fund Restricted Account created under Section 72-2-118 :
155 (i) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b),
156 (1)(f), (2), and (5);
157 (ii) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i),
158 (1)(c)(ii), and (1)(d)(ii);
159 (iii) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
160 (iv) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
161 (v) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
162 (b) When the highway general obligation bonds have been paid off and the highway
163 projects completed that are intended to be paid from revenues deposited in the Centennial
164 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
165 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under
166 Subsection (6)(a) for each vehicle shall be deposited in the Transportation Investment Fund of
167 2005 created by Section 72-2-124 .
168 (7) The following portions of the registration fees imposed under Section 41-1a-1206
169 for each vehicle shall be deposited in the Transportation Investment Fund of 2005 created by
170 Section 72-2-124 :
171 (a) $20 of each registration fee collected under Subsections 41-1a-1206 (1)(a), (1)(b),
172 (1)(c), (1)(d)(i), (1)(e)(i), (1)(f), (2)(a), and (5); and
173 (b) 50 cents of each registration fee collected under Subsection 41-1a-1206 (1)(e)(ii).
174 (8) Sixty cents of each registration fee imposed under Subsections 41-1a-1206 (1)(a)
175 and (b) for each vehicle shall be deposited in the Public Safety Restricted Account created in
176 Section 53-3-106 .
177 Section 5. Section 41-1a-1206 is amended to read:
178 41-1a-1206. Registration fees -- Fees by gross laden weight.
179 (1) Except as provided in Subsection (2), at the time application is made for
180 registration or renewal of registration of a vehicle or combination of vehicles under this
181 chapter, a registration fee shall be paid to the division as follows:
182 (a) [$42.50] $44 for each motorcycle;

183 (b) [$41] $42.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
184 excluding motorcycles;
185 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
186 or is registered under Section 41-1a-301 :
187 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
188 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
189 gross unladen weight;
190 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
191 gross laden weight; plus
192 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
193 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
194 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
195 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
196 (f) $45 for each vintage vehicle that is less than 40 years old.
197 (2) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
198 $40.
199 (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
200 registration fees under Subsection (1).
201 (c) A vehicle with a Purple Heart special group license plate issued in accordance with
202 Section 41-1a-421 is exempt from the registration fees under Subsection (1).
203 (3) If a motor vehicle is operated in combination with a semitrailer or trailer, each
204 motor vehicle shall register for the total gross laden weight of all units of the combination if the
205 total gross laden weight of the combination exceeds 12,000 pounds.
206 (4) (a) Registration fee categories under this section are based on the gross laden
207 weight declared in the licensee's application for registration.
208 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
209 of 2,000 pounds is a full unit.
210 (5) The owner of a commercial trailer or commercial semitrailer may, as an alternative
211 to registering under Subsection (1)(c), apply for and obtain a special registration and license
212 plate for a fee of $130.
213 (6) Except as provided in Section 41-6a-1642 , a truck may not be registered as a farm

214 truck unless:
215 (a) the truck meets the definition of a farm truck under Section 41-1a-102 ; and
216 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
217 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
218 submits to the division a certificate of emissions inspection or a waiver in compliance with
219 Section 41-6a-1642 .
220 (7) A violation of Subsection (6) is a class B misdemeanor that shall be punished by a
221 fine of not less than $200.
222 (8) Trucks used exclusively to pump cement, bore wells, or perform crane services
223 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
224 required for those vehicles under this section.
225 Section 6. Section 41-3-303 is amended to read:
226 41-3-303. Temporary permits -- Inspections required before issuance.
227 (1) A dealer licensed in accordance with this chapter may not issue a temporary permit
228 under Section 41-3-302 unless[: (a) (i) the motor vehicle for which the temporary permit is
229 issued has received and passed the safety inspection required by Section 53-8-205 within the
230 previous six months; (ii) the safety inspection certificate was issued in the name of a licensed
231 and bonded dealer; and (iii) a copy of the safety inspection certificate is given to the customer;
232 and (b)] the motor vehicle passed the emission inspection test if required by Section
233 41-6a-1642 .
234 [(2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without
235 a safety inspection certificate if the motor vehicle complies with the safety inspection as
236 provided in Section 41-1a-205 .]
237 [(3)] (2) Notwithstanding Subsection (1)[(b)], a dealer may issue a temporary permit
238 without proof of an emission inspection if:
239 (a) the motor vehicle is exempt from emission inspection as provided in Section
240 41-6a-1642 ;
241 (b) the purchaser is a resident of a county that does not require emission inspections; or
242 (c) the motor vehicle is otherwise exempt from emission inspections.
243 [(4)] (3) Notwithstanding Subsection (1), a dealer may sell a motor vehicle as is
244 without having it [safety or] emission inspected provided that no temporary permit is issued.

245 Section 7. Section 41-6a-1508 is amended to read:
246 41-6a-1508. Low-speed vehicle.
247 (1) Except as otherwise provided in this section, a low-speed vehicle is considered a
248 motor vehicle for purposes of the Utah Code including requirements for:
249 (a) traffic rules under Title 41, Chapter 6a, Traffic Code;
250 (b) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
251 (c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
252 Motor Vehicle Owners and Operators Act;
253 (d) vehicle registration, titling, vehicle identification numbers, license plates, and
254 registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
255 (e) vehicle taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act, and
256 fee in lieu of property taxes or in lieu fees under Section 59-2-405 ;
257 (f) motor vehicle dealer licensing under Title 41, Chapter 3, Motor Vehicle Business
258 Regulation Act;
259 (g) motor vehicle safety inspection requirements under [Section 53-8-205 ] Title 53,
260 Chapter 8, Part 2, Motor Vehicle Safety Inspection Act; and
261 (h) safety belt requirements under Title 41, Chapter 6a, Part 18, Motor Vehicle Safety
262 Belt Usage Act.
263 (2) (a) A low-speed vehicle shall comply with federal safety standards established in 49
264 C.F.R. 571.500 and shall be equipped with:
265 (i) headlamps;
266 (ii) front and rear turn signals, tail lamps, and stop lamps;
267 (iii) turn signal lamps;
268 (iv) reflex reflectors one on the rear of the vehicle and one on the left and right side and
269 as far to the rear of the vehicle as practical;
270 (v) a parking brake;
271 (vi) a windshield that meets the standards under Section 41-6a-1635 , including a
272 device for cleaning rain, snow, or other moisture from the windshield; and
273 (vii) an exterior rearview mirror on the driver's side and either an interior rearview
274 mirror or an exterior rearview mirror on the passenger side.
275 (b) A low-speed vehicle that complies with this Subsection (2) and Subsection (3) and

276 that is not altered from the manufacturer is considered to comply with equipment requirements
277 under Part 16, Vehicle Equipment.
278 (3) A person may not operate a low-speed vehicle that has been structurally altered
279 from the original manufacturer's design.
280 (4) A low-speed vehicle is exempt from a motor vehicle emissions inspection and
281 maintenance program requirements under Section 41-6a-1642 .
282 (5) (a) Except to cross a highway at an intersection, a low-speed vehicle may not be
283 operated on a highway with a posted speed limit of more than 35 miles per hour.
284 (b) In addition to the restrictions under Subsection (5)(a), a highway authority, may
285 prohibit or restrict the operation of a low-speed vehicle on any highway under its jurisdiction, if
286 the highway authority determines the prohibition or restriction is necessary for public safety.
287 (6) A person may not operate a low-speed vehicle on a highway without displaying on
288 the rear of the low-speed vehicle, a slow-moving vehicle identification emblem that complies
289 with the Society of Automotive Engineers standard SAE J943.
290 (7) A person who violates Subsection (2), (3), (5), or (6) is guilty of a class C
291 misdemeanor.
292 Section 8. Section 53-3-106 is amended to read:
293 53-3-106. Disposition of revenues under this chapter -- Restricted account created
294 -- Uses as provided by appropriation -- Nonlapsing.
295 (1) There is created within the Transportation Fund a restricted account known as the
296 "Department of Public Safety Restricted Account."
297 (2) The account consists of money generated from the following revenue sources:
298 (a) all money received under this chapter;
299 (b) administrative fees received according to the fee schedule authorized under this
300 chapter and Section 63J-1-504 ; and
301 (c) any appropriations made to the account by the Legislature.
302 (3) (a) The account shall earn interest.
303 (b) All interest earned on account money shall be deposited in the account.
304 (4) The expenses of the department in carrying out this chapter shall be provided for by
305 legislative appropriation from this account.
306 (5) The amount in excess of $45 of the fees collected under Subsection 53-3-105 (24)

307 shall be appropriated by the Legislature from this account to the department to implement the
308 provisions of Section 53-1-117 , except that of the amount in excess of $45, $40 shall be
309 deposited in the State Laboratory Drug Testing Account created in Section 26-1-34 .
310 (6) All money received under Subsection 41-6a-1406 (6)(b)(ii) shall be appropriated by
311 the Legislature from this account to the department to implement the provisions of Section
312 53-1-117 .
313 (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
314 annually from the account to the state medical examiner appointed under Section 26-4-4 for
315 use in carrying out duties related to highway crash deaths under Subsection 26-4-7 (1).
316 (8) The division shall remit the fees collected under Subsection 53-3-105 (28) to the
317 Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
318 Identification provides under Section 53-3-205.5 .
319 (9) All monies received under Subsection 41-1a-1201 (8) shall be appropriated by the
320 Legislature from this account to the department to pay a portion of the costs to employ highway
321 patrol officers to police or patrol the highways within this state.
322 [(9)] (10) Appropriations to the department from the account are nonlapsing.
323 Section 9. Section 53-8-204 is amended to read:
324 53-8-204. Division duties -- Official inspection stations -- Permits -- Fees --
325 Suspension or revocation -- Utah-based interstate commercial motor carriers.
326 (1) The division shall:
327 (a) conduct examinations of every safety inspection station permit applicant and safety
328 inspector certificate applicant to determine whether the applicant is properly equipped and
329 qualified to make safety inspections;
330 (b) issue safety inspection station permits and safety inspector certificates to qualified
331 applicants;
332 (c) establish application, renewal, and reapplication fees in accordance with Section
333 63J-1-504 for safety inspection station permits and safety inspector certificates;
334 (d) provide instructions and all necessary forms, including safety inspection
335 certificates, to safety inspection stations for the inspection of motor vehicles and the issuance
336 of the safety inspection certificates;
337 [(e) charge a $2 fee for each safety inspection certificate;]

338 [(f)] (e) investigate complaints regarding safety inspection stations and safety
339 inspectors;
340 [(g)] (f) compile and publish all applicable safety inspection laws, rules, instructions,
341 and standards and distribute them to all safety inspection stations and provide updates to the
342 compiled laws, rules, instructions, and standards as needed;
343 [(h)] (g) establish a fee in accordance with Section 63J-1-504 to cover the cost of
344 compiling and publishing the safety inspection laws, rules, instructions, and standards and any
345 updates; and
346 [(i)] (h) assist the council in conducting its meetings and hearings.
347 (2) (a) [(i)] Receipts from the fees established in accordance with Subsection
348 (1)[(h)](g) are fixed collections to be used by the division for the expenses of the Utah
349 Highway Patrol incurred under Subsection (1)[(h)](g).
350 [(ii)] (b) Funds received in excess of the expenses under Subsection (1)[(h)](g) shall be
351 deposited in the Transportation Fund.
352 [(b) (i) The first $.75 of the fee under Subsection (1)(e) is a dedicated credit to be used
353 solely by the Utah Highway Patrol for the expenses of administering this section.]
354 [(ii) The remaining funds collected under Subsection (1)(e) shall be deposited in the
355 Transportation Fund.]
356 [(iii) The dedicated credits described under Subsection (2)(b)(i) are in addition to any
357 other appropriations provided to administer the safety inspection program duties under this
358 section.]
359 (3) The division may:
360 (a) before issuing a safety inspection permit, require an applicant, other than a fleet
361 station or government station, to file a bond that will provide a guarantee that the applicant
362 safety inspection station will make compensation for any damage to a motor vehicle during an
363 inspection or adjustment due to negligence on the part of an applicant or the applicant's
364 employees;
365 (b) establish procedures governing the issuance of safety inspection certificates to
366 Utah-based interstate commercial motor carriers;
367 (c) suspend, revoke, or refuse renewal of any safety inspection station permit issued
368 when the division finds that the safety inspection station is not:

369 (i) properly equipped; or
370 (ii) complying with rules made by the division; and
371 (d) suspend, revoke, or refuse renewal of any safety inspection station permit or safety
372 inspector certificate issued when the station or inspector has violated any safety inspection law
373 or rule.
374 (4) The division shall maintain a record of safety inspection station permits and safety
375 inspector certificates issued, suspended, revoked, or refused renewal under Subsection (3)(c).
376 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
377 division shall make rules:
378 (a) setting minimum standards covering the design, construction, condition, and
379 operation of motor vehicle equipment for safely operating a motor vehicle on the highway;
380 (b) establishing motor vehicle safety inspection procedures to ensure a motor vehicle
381 can be operated safely;
382 (c) establishing safety inspection station building, equipment, and personnel
383 requirements necessary to qualify to perform safety inspections;
384 (d) establishing age, training, examination, and renewal requirements to qualify for a
385 safety inspector certificate;
386 (e) establishing program guidelines for a school district that elects to implement a
387 safety inspection apprenticeship program for high school students;
388 (f) establishing requirements:
389 (i) designed to protect consumers from unwanted or unneeded repairs or adjustments;
390 (ii) for maintaining safety inspection records;
391 (iii) for providing reports to the division; and
392 (iv) for maintaining and protecting safety inspection certificates;
393 (g) establishing procedures for a motor vehicle that fails a safety inspection;
394 (h) setting bonding amounts for safety inspection stations if bonds are required under
395 Subsection (3)(a); and
396 (i) establishing procedures for a safety inspection station to follow if the station is
397 going out of business.
398 (6) The rules of the division:
399 (a) shall conform as nearly as practical to federal motor vehicle safety standards

400 including 49 CFR 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety Standards
401 205; and
402 (b) may incorporate by reference, in whole or in part, the federal standards under
403 Subsection (6)(a) and nationally recognized and readily available standards and codes on motor
404 vehicle safety.
405 Section 10. Section 53-8-205 is amended to read:
406 53-8-205. Safety inspection required -- Frequency of safety inspection -- Safety
407 inspection certificate required -- Out-of-state permits.
408 [(1) (a) Except as provided in Subsection (1)(b), a person may not operate on a
409 highway a motor vehicle required to be registered in this state unless the motor vehicle has
410 passed a safety inspection.]
411 [(b) Subsection (1)(a) does not apply to:]
412 [(i) a vehicle that is exempt from registration under Section 41-1a-205 ;]
413 [(ii) an off-highway vehicle, unless the off-highway vehicle is being registered as a
414 street-legal all-terrain vehicle in accordance with Section 41-6a-1509 ;]
415 [(iii) a vintage vehicle as defined in Section 41-21-1 ;]
416 [(iv) a commercial vehicle with a gross vehicle weight rating over 26,000 pounds that:]
417 [(A) is operating with an apportioned registration under Section 41-1a-301; and]
418 [(B) has a valid annual federal inspection that complies with the requirements of 49
419 C.F.R. 396.17; and]
420 [(v) a trailer, semitrailer, or trailering equipment attached to a commercial motor
421 vehicle described in Subsection (1)(a)(iv) that has a valid annual federal inspection that
422 complies with the requirements of 49 C.F.R. 396.17.]
423 [(2) Except as provided in Subsection (3), the frequency of the safety inspection shall
424 be determined based on the age of the vehicle determined by model year and shall:]
425 [(a) be required each year for a vehicle that is eight or more years old on January 1; or]
426 [(b) every two years for each vehicle that is less than eight years old on January 1 as
427 follows:]
428 [(i) in odd-numbered years for a vehicle with an odd-numbered model year; and]
429 [(ii) in even-numbered years for a vehicle with an even-numbered model year;]
430 [(c) be made by a safety inspector certified by the division at a safety inspection station

431 authorized by the division;]
432 [(d) cover an inspection of the motor vehicle mechanism, brakes, and equipment to
433 ensure proper adjustment and condition as required by department rules; and]
434 [(e) include an inspection for the display of license plates in accordance with Section
435 41-1a-404 .]
436 [(3) (a) (i)] (1) (a) A salvage vehicle as defined in Section 41-1a-1001 is required to
437 pass a safety inspection when an application is made for initial registration as a salvage vehicle.
438 [(ii) After initial registration as a salvage vehicle, the frequency of the safety inspection
439 shall correspond with the model year, as provided in Subsection (2).]
440 (b) A motor vehicle with a gross vehicle weight rating of 10,001 pounds or more is
441 required to pass a safety inspection annually.
442 (c) An off-highway vehicle being registered for the first time as a street-legal all-terrain
443 vehicle in accordance with Section 41-6a-1509 is required to pass a safety inspection when an
444 application is made for initial registration as a street-legal all-terrain vehicle.
445 [(4) (a)] (2) A safety inspection station shall issue [two] a safety inspection
446 [certificates] certificate to the owner of:
447 [(i)] (a) each motor vehicle that passes a safety inspection under this section; and
448 [(ii)] (b) a street-legal all-terrain vehicle that meets all the equipment requirements in
449 Section 41-6a-1509 .
450 [(b) A safety inspection station shall use one safety inspection certificate issued under
451 this Subsection (4) for processing the vehicle registration.]
452 [(c) A person operating a motor vehicle shall have in the person's immediate
453 possession a safety inspection certificate or other evidence of compliance with the requirement
454 to obtain a safety inspection under this section.]
455 (3) Subsection (1) does not apply to:
456 (a) a commercial vehicle with a gross vehicle weight rating over 26,000 pounds that:
457 (i) is operating with an apportioned registration under Section 41-1a-301 ; and
458 (ii) has a valid annual federal inspection that complies with the requirements of 49
459 C.F.R. 396.17; and
460 (b) a trailer, semitrailer, or trailering equipment attached to a commercial motor vehicle
461 described in Subsection (3)(a) that has a valid annual federal inspection that complies with the

462 requirements of 49 C.F.R. 396.17.
463 [(5)] (4) The division may[: (a)] authorize the acceptance in this state of a safety
464 inspection certificate issued in another state having a safety inspection law similar to this state[;
465 and].
466 [(b) extend the time within which a safety inspection certificate must be obtained by
467 the resident owner of a vehicle that was not in this state during the time a safety inspection was
468 required.]
469 Section 11. Section 53-8-206 is amended to read:
470 53-8-206. Safety inspection -- Station requirements -- Permits not transferable --
471 Certificate of inspection -- Fees -- Unused certificates -- Suspension or revocation of
472 permits.
473 (1) The safety inspection required under [Section 53-8-205 ] this part may only be
474 performed:
475 (a) by a person certified by the division as a safety inspector; and
476 (b) at a safety inspection station with a valid safety inspection station permit issued by
477 the division.
478 (2) A safety inspection station permit may not be assigned or transferred or used at any
479 location other than a designated location, and every safety inspection station permit shall be
480 posted in a conspicuous place at the location designated.
481 (3) If required by the division, a record and report shall be made of every safety
482 inspection and every safety inspection certificate issued.
483 (4) A safety inspection station holding a safety inspection station permit issued by the
484 division may charge[: (a) a fee as reimbursement for the safety inspection certificate fee as
485 specified in Subsection 53-8-204 (1)(e); and (b)] a reasonable fee for labor in performing safety
486 inspections, not to exceed:
487 [(i)] (a) $7 or less for motorcycles and street-legal all-terrain vehicles;
488 [(ii)] (b) unless Subsection (4)[(b)(i)](a) or [(iii)] (c) applies, $15 or less for motor
489 vehicles; or
490 [(iii)] (c) $20 or less for 4-wheel drive, split axle, and any motor vehicles that
491 necessitate disassembly of front hub or removal of rear axle for inspection.
492 (5) A safety inspection station may return unused safety inspection certificates in a

493 quantity of 10 or more and shall be reimbursed by the division for the cost of the safety
494 inspection certificates.
495 (6) (a) Upon receiving notice of the suspension or revocation of a safety inspection
496 station permit, the safety inspection station permit holder shall immediately terminate all safety
497 inspection activities and return all safety inspection certificates and the safety inspection station
498 permit to the division.
499 (b) The division shall issue a receipt for all unused safety inspection certificates.
500 Section 12. Effective date.
501 This bill takes effect on July 1, 2012.




Legislative Review Note
as of 1-24-12 4:38 PM

Office of Legislative Research and General Counsel