This document includes House Floor Amendments incorporated into the bill on Thu, Feb 16, 2017 at 11:53 AM by jeyring.
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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 certain vehicles obtain a safety inspection certificate in
13 order to be registered and to operate on a highway; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill provides a special effective date.
19 Utah Code Sections Affected:
20 AMENDS:
21 13-51-107, as enacted by Laws of Utah 2015, Chapter 461
22 41-1a-203, as last amended by Laws of Utah 2010, Chapter 295
23 41-1a-205, as last amended by Laws of Utah 2015, Chapter 412
24 41-1a-217, as last amended by Laws of Utah 2005, Chapter 2
25 41-1a-226, as last amended by Laws of Utah 2015, Chapter 400
26 41-3-303, as last amended by Laws of Utah 2013, Chapter 207
27 41-6a-1508, as last amended by Laws of Utah 2015, Chapter 412
28 41-6a-1509, as last amended by Laws of Utah 2015, Chapters 412 and 454
29 41-6a-1642, as last amended by Laws of Utah 2015, Chapter 258
30 53-8-205, as last amended by Laws of Utah 2015, Chapter 412
31 53-8-206, as last amended by Laws of Utah 2015, Chapter 429
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 13-51-107 is amended to read:
35 13-51-107. Driver requirements.
36 (1) Before a transportation network company allows an individual to use the
37 transportation network company's software application as a transportation network driver, the
38 transportation network company shall:
39 (a) require the individual to submit to the transportation network company:
40 (i) the individual's name, address, and age;
41 (ii) a copy of the individual's driver license, including the driver license number; and
42 (iii) proof that the vehicle that the individual will use to provide transportation network
43 services is registered with the Division of Motor Vehicles;
44 (b) require the individual to consent to a criminal background check of the individual
45 by the transportation network company or the transportation network company's designee; and
46 (c) obtain and review a report that lists the individual's driving history.
47 (2) A transportation company may not allow an individual to provide transportation
48 network services as a transportation network driver if the individual:
49 (a) has committed more than three moving violations in the three years before the day
50 on which the individual applies to become a transportation network driver;
51 (b) has been convicted, in the seven years before the day on which the individual
52 applies to become a transportation network driver, of:
53 (i) driving under the influence of alcohol or drugs;
54 (ii) fraud;
55 (iii) a sexual offense;
56 (iv) a felony involving a motor vehicle;
57 (v) a crime involving property damage;
58 (vi) a crime involving theft;
59 (vii) a crime of violence; or
60 (viii) an act of terror;
61 (c) is required to register as a sex offender in accordance with Title 77, Chapter 41, Sex
62 and Kidnap Offender Registry;
63 (d) does not have a valid Utah driver license; or
64 (e) is not at least 19 years of age.
65 (3) A transportation network company shall prohibit a transportation network driver
66 from accepting a request for a prearranged ride if the motor vehicle that the transportation
67 network driver uses to provide transportation network services fails to comply with:
68 [
69 [
70 [
71 (4) A transportation network driver, while providing transportation network services,
72 shall carry proof, in physical or electronic form, that the transportation network driver is
73 covered by insurance that satisfies the requirements of Section 13-51-108.
74 Section 2. Section 41-1a-203 is amended to read:
75 41-1a-203. Prerequisites for registration, transfer of ownership, or registration
76 renewal.
77 (1) Except as otherwise provided, [
78 shall:
79 (a) obtain an identification number inspection under Section 41-1a-204;
80 [
81
82 [
83 provided under Section 41-6a-1642;
84 [
85 Section 41-1a-206 or 41-1a-207;
86 [
87 [
88 [
89 applicable;
90 [
91 [
92 and
93 [
94 (2) In addition to the requirements in Subsection (1), an owner [
95 that has not been previously registered or that is currently registered under a previous owner's
96 name shall [
97 registration.
98 (3) [
99 registration renewal under Section 73-18-7 [
100 that is subject to [
101 the process of being issued in the same owner's name.
102 (4) [
103 registration renewal under Section 41-22-3 [
104 is subject to [
105 the process of being issued in the same owner's name.
106 Section 3. Section 41-1a-205 is amended to read:
107 41-1a-205. Safety inspection certificate required for commercial motor vehicles
108 and initial registration of street-legal ATVs.
109 [
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146 Ĥ→ [
147 when the owner makes the initial application to register the vehicle as a salvage vehicle.
148 [
148a with Section
149 41-6a-1509 is subject to a safety inspection[
150 off-highway vehicle as a street-legal all-terrain vehicle[
151 [
152
153 [
154 [
155
156 [
157 with multiple axles;
158 [
159 [
160 (e) a taxicab; and
161 (f) a motor vehicle operated by a ground transportation service provider as defined in
162 Section 72-10-601.
163 [
164
165 [
166
167
168 [
169 Section 4. Section 41-1a-217 is amended to read:
170 41-1a-217. Application for renewal of registration.
171 (1) [
172
173 (a) filing an application for registration renewal; and [
174 (b) paying the fees or taxes required under Subsection 41-1a-203(1).
175 (2) The applicant shall ensure that the application for registration renewal and the
176 payment for applicable fees or taxes [
177
178 if required under Section 41-6a-1642.
179 (3) The division shall issue a new registration card [
180 (a) the identical information with respect to the owner and the vehicle description
181 required by Section 41-1a-213; and
182 (b) the new expiration date.
183 Section 5. Section 41-1a-226 is amended to read:
184 41-1a-226. Vintage vehicle -- Signed statement -- Registration.
185 (1) The owner of a vintage vehicle who applies for registration under this part shall
186 provide a signed statement that the vintage vehicle:
187 (a) is owned and operated for the purposes described in Section 41-21-1; and
188 (b) is safe to operate on the highways of this state as described in Section 41-21-4.
189 (2) The signed statement described in Subsection (1) is in lieu of[
190
191 emissions inspection, from which a vintage vehicle is exempt under Subsection 41-6a-1642(3).
192 Section 6. Section 41-3-303 is amended to read:
193 41-3-303. Temporary permits -- Inspections required before issuance.
194 (1) [
195 with this chapter may not issue a temporary permit for a motor vehicle under Section 41-3-302
196 unless[
197
198
199
200
201 Section 41-6a-1642.
202 [
203
204
205 [
206 (2) A dealer may issue a temporary permit without proof of an [
207 inspection if:
208 (a) the motor vehicle is exempt from [
209
210 (b) the purchaser is a resident of a county that does not require [
211 inspections; or
212 (c) the motor vehicle is otherwise exempt from [
213 [
214 (3) A dealer may sell a motor vehicle as is without [
215
216 permit [
217 Section 7. Section 41-6a-1508 is amended to read:
218 41-6a-1508. Low-speed vehicle.
219 (1) Except as otherwise provided in this section, a low-speed vehicle is considered a
220 motor vehicle for purposes of the Utah Code including requirements for:
221 (a) traffic rules under Title 41, Chapter 6a, Traffic Code;
222 (b) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
223 (c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
224 Motor Vehicle Owners and Operators Act;
225 (d) vehicle registration, titling, vehicle identification numbers, license plates, and
226 registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
227 (e) vehicle taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act, and
228 fee in lieu of property taxes or in lieu fees under Section 59-2-405;
229 (f) motor vehicle dealer licensing under Title 41, Chapter 3, Motor Vehicle Business
230 Regulation Act; and
231 [
232 [
233 Safety Belt Usage Act.
234 (2) (a) [
235 vehicle:
236 (i) complies with federal safety standards established in 49 C.F.R. 571.500; and [
237
238 (ii) is equipped with:
239 [
240 [
241 [
242 [
243 side and as far to the rear of the vehicle as practical;
244 [
245 [
246 device for cleaning rain, snow, or other moisture from the windshield; and
247 [
248 rearview mirror or an exterior rearview mirror on the passenger side.
249 (b) A low-speed vehicle that complies with this Subsection (2) and Subsection (3) and
250 that is not altered from the manufacturer is considered to comply with equipment requirements
251 under Part 16, Vehicle Equipment.
252 (3) A person may not operate a low-speed vehicle that has been structurally altered
253 from the original manufacturer's design.
254 (4) A low-speed vehicle is exempt from a motor vehicle emissions inspection and
255 maintenance program requirements under Section 41-6a-1642.
256 (5) (a) Except to cross a highway at an intersection, a low-speed vehicle may not be
257 operated on a highway with a posted speed limit of more than 35 miles per hour.
258 (b) In addition to the restrictions under Subsection (5)(a), a highway authority, may
259 prohibit or restrict the operation of a low-speed vehicle on any highway under its jurisdiction, if
260 the highway authority determines the prohibition or restriction is necessary for public safety.
261 (6) A person may not operate a low-speed vehicle on a highway without displaying on
262 the rear of the low-speed vehicle, a slow-moving vehicle identification emblem that complies
263 with the Society of Automotive Engineers standard SAE J943.
264 (7) A person who violates Subsection (2), (3), (5), or (6) is guilty of an infraction.
265 Section 8. Section 41-6a-1509 is amended to read:
266 41-6a-1509. Street-legal all-terrain vehicle -- Operation on highways --
267 Registration and licensing requirements -- Equipment requirements.
268 (1) (a) Except as provided in Subsection (1)(b), an all-terrain type I vehicle, utility type
269 vehicle, or full-sized all-terrain vehicle that meets the requirements of this section may be
270 operated as a street-legal ATV on a street or highway unless the highway is an interstate
271 freeway as defined in Section 41-6a-102.
272 (b) Unless a street or highway is designated as open for street-legal ATV use by the
273 controlling highway authority in accordance with Section 41-22-10.5, a person may not operate
274 a street-legal ATV on a street or highway in accordance with Subsection (1)(a) if the highway
275 is under the jurisdiction of:
276 (i) a county of the first class; or
277 (ii) a municipality that is within a county of the first class.
278 (2) A street-legal ATV shall comply with Subsection 41-1a-205(2), Subsection
279 53-8-205(1)(b), and the same requirements as:
280 (a) a motorcycle for:
281 (i) traffic rules under Title 41, Chapter 6a, Traffic Code;
282 (ii) registration, titling, odometer statement, vehicle identification, license plates, and
283 registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
284 (iii) fees in lieu of property taxes or in lieu of fees under Section 59-2-405.2; and
285 (iv) the county motor vehicle emissions inspection and maintenance programs under
286 Section 41-6a-1642;
287 (b) a motor vehicle for:
288 (i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; and
289 (ii) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
290 Motor Vehicle Owners and Operators Act; and
291 [
292
293
294 [
295
296
297 (c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under Title
298 41, Chapter 22, Off-Highway Vehicles, and Title 41, Chapter 3, Motor Vehicle Business
299 Regulation Act, unless otherwise specified in this section.
300 (3) (a) [
301 being operated as a street-legal ATV shall [
302 (i) one or more headlamps that meet the requirements of Section 41-6a-1603;
303 (ii) one or more tail lamps;
304 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
305 with a white light;
306 (iv) one or more red reflectors on the rear;
307 (v) one or more stop lamps on the rear;
308 (vi) amber or red electric turn signals, one on each side of the front and rear;
309 (vii) a braking system, other than a parking brake, that meets the requirements of
310 Section 41-6a-1623;
311 (viii) a horn or other warning device that meets the requirements of Section
312 41-6a-1625;
313 (ix) a muffler and emission control system that meets the requirements of Section
314 41-6a-1626;
315 (x) rearview mirrors on the right and left side of the driver in accordance with Section
316 41-6a-1627;
317 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
318 (xii) a speedometer, illuminated for nighttime operation;
319 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
320 seat designed for passengers, including a footrest and handhold for each passenger;
321 (xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
322 (xv) tires that:
323 (A) are not larger than the tires that the all-terrain vehicle manufacturer made available
324 for the all-terrain vehicle model; and
325 (B) have at least 2/32 inches or greater tire tread.
326 (b) [
327 all-terrain vehicle shall [
328 (i) two headlamps that meet the requirements of Section 41-6a-1603;
329 (ii) two tail lamps;
330 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
331 with a white light;
332 (iv) one or more red reflectors on the rear;
333 (v) two stop lamps on the rear;
334 (vi) amber or red electric turn signals, one on each side of the front and rear;
335 (vii) a braking system, other than a parking brake, that meets the requirements of
336 Section 41-6a-1623;
337 (viii) a horn or other warning device that meets the requirements of Section
338 41-6a-1625;
339 (ix) a muffler and emission control system that meets the requirements of Section
340 41-6a-1626;
341 (x) rearview mirrors on the right and left side of the driver in accordance with Section
342 41-6a-1627;
343 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
344 (xii) a speedometer, illuminated for nighttime operation;
345 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
346 seat designed for passengers, including a footrest and handhold for each passenger;
347 (xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
348 (xv) tires that:
349 (A) do not exceed 44 inches in height; and
350 (B) have at least 2/32 inches or greater tire tread.
351 (c) [
352 equip the vehicle with wheel covers, mudguards, flaps, or splash aprons.
353 (4) (a) Subject to the [
354 a street-legal all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway,
355 may not exceed the lesser of:
356 (i) the posted speed limit; or
357 (ii) 50 miles per hour.
358 (b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
359 all-terrain vehicle on a highway with a posted speed limit higher than 50 miles per hour, shall:
360 (i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
361 roadway; and
362 (ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the front
363 and back of both sides of the vehicle.
364 (5) (a) A nonresident operator of an off-highway vehicle that is authorized to be
365 operated on the highways of another state has the same rights and privileges as a street-legal
366 ATV that is granted operating privileges on the highways of this state, subject to the
367 restrictions under this section and rules made by the Board of Parks and Recreation, if the other
368 state offers reciprocal operating privileges to Utah residents.
369 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
370 Board of Parks and Recreation shall establish eligibility requirements for reciprocal operating
371 privileges for nonresident users granted under Subsection (5)(a).
372 (6) Nothing in this chapter [
373 off-highway vehicle from operating the off-highway vehicle in accordance with Section
374 41-22-10.5.
375 (7) A violation of this section is an infraction.
376 Section 9. Section 41-6a-1642 is amended to read:
377 41-6a-1642. Emissions inspection -- County program.
378 (1) The legislative body of each county required under federal law to utilize a motor
379 vehicle emissions inspection and maintenance program or in which an emissions inspection
380 and maintenance program is necessary to attain or maintain any national ambient air quality
381 standard shall require:
382 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
383 is exempt from emissions inspection and maintenance program requirements be presented:
384 (i) as a condition of registration or renewal of registration; and
385 (ii) at other times as the county legislative body may require to enforce inspection
386 requirements for individual motor vehicles, except that the county legislative body may not
387 routinely require a certificate of emission inspection, or waiver of the certificate, more often
388 than required under Subsection (6); and
389 (b) compliance with this section for a motor vehicle registered or principally operated
390 in the county and owned by or being used by a department, division, instrumentality, agency, or
391 employee of:
392 (i) the federal government;
393 (ii) the state and any of its agencies; or
394 (iii) a political subdivision of the state, including school districts.
395 (2) (a) The legislative body of a county identified in Subsection (1), in consultation
396 with the Air Quality Board created under Section 19-1-106, shall make regulations or
397 ordinances regarding:
398 (i) emissions standards;
399 (ii) test procedures;
400 (iii) inspections stations;
401 (iv) repair requirements and dollar limits for correction of deficiencies; and
402 (v) certificates of emissions inspections.
403 (b) The regulations or ordinances shall:
404 (i) be made to attain or maintain ambient air quality standards in the county, consistent
405 with the state implementation plan and federal requirements;
406 (ii) may allow for a phase-in of the program by geographical area; and
407 (iii) be compliant with the analyzer design and certification requirements contained in
408 the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
409 (c) The county legislative body and the Air Quality Board shall give preference to an
410 inspection and maintenance program that is:
411 (i) decentralized, to the extent the decentralized program will attain and maintain
412 ambient air quality standards and meet federal requirements;
413 (ii) the most cost effective means to achieve and maintain the maximum benefit with
414 regard to ambient air quality standards and to meet federal air quality requirements as related to
415 vehicle emissions; and
416 (iii) providing a reasonable phase-out period for replacement of air pollution emission
417 testing equipment made obsolete by the program.
418 (d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
419 (i) may be accomplished in accordance with applicable federal requirements; and
420 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
421 quality standards.
422 (3) The following vehicles are exempt from the provisions of this section:
423 (a) an implement of husbandry;
424 (b) a motor vehicle that:
425 (i) meets the definition of a farm truck under Section 41-1a-102; and
426 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
427 (c) a vintage vehicle as defined in Section 41-21-1;
428 (d) a custom vehicle as defined in Section 41-6a-1507; and
429 (e) to the extent allowed under the current federally approved state implementation
430 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
431 vehicle that is less than two years old on January 1 based on the age of the vehicle as
432 determined by the model year identified by the manufacturer.
433 (4) (a) The legislative body of a county identified in Subsection (1) shall exempt a
434 pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight of 12,000 pounds or
435 less from the emission inspection requirements of this section, if the registered owner of the
436 pickup truck provides a signed statement to the legislative body stating the truck is used:
437 (i) by the owner or operator of a farm located on property that qualifies as land in
438 agricultural use under Sections 59-2-502 and 59-2-503; and
439 (ii) exclusively for the following purposes in operating the farm:
440 (A) for the transportation of farm products, including livestock and its products,
441 poultry and its products, floricultural and horticultural products; and
442 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
443 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
444 and maintenance.
445 (b) The county shall provide to the registered owner who signs and submits a signed
446 statement under this section a certificate of exemption from emission inspection requirements
447 for purposes of registering the exempt vehicle.
448 (5) (a) Subject to Subsection (5)(c), the legislative body of each county required under
449 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
450 which an emissions inspection and maintenance program is necessary to attain or maintain any
451 national ambient air quality standard may require each college or university located in a county
452 subject to this section to require its students and employees who park a motor vehicle not
453 registered in a county subject to this section to provide proof of compliance with an emissions
454 inspection accepted by the county legislative body if the motor vehicle is parked on the college
455 or university campus or property.
456 (b) College or university parking areas that are metered or for which payment is
457 required per use are not subject to the requirements of this Subsection (5).
458 (c) The legislative body of a county shall make the reasons for implementing the
459 provisions of this Subsection (5) part of the record at the time that the county legislative body
460 takes its official action to implement the provisions of this Subsection (5).
461 (6) (a) An emissions inspection station shall issue a certificate of emissions inspection
462 for each motor vehicle that meets the inspection and maintenance program requirements
463 established in rules made under Subsection (2).
464 (b) The frequency of the emissions inspection shall be determined based on the age of
465 the vehicle as determined by model year and shall be required annually subject to the
466 provisions of Subsection (6)(c).
467 (c) (i) To the extent allowed under the current federally approved state implementation
468 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
469 body of a county identified in Subsection (1) shall only require the emissions inspection every
470 two years for each vehicle.
471 (ii) The provisions of Subsection (6)(c)(i) apply only to a vehicle that is less than six
472 years old on January 1.
473 (iii) For a county required to implement a new vehicle emissions inspection and
474 maintenance program on or after December 1, 2012, under Subsection (1), but for which no
475 current federally approved state implementation plan exists, a vehicle shall be tested at a
476 frequency determined by the county legislative body, in consultation with the Air Quality
477 Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
478 maintain any national ambient air quality standard.
479 (iv) If a county legislative body establishes or changes the frequency of a vehicle
480 emissions inspection and maintenance program under Subsection (6)(c)(iii), the establishment
481 or change shall take effect on January 1 if the Tax Commission receives notice meeting the
482 requirements of Subsection (6)(c)(v) from the county [
483 (v) The notice described in Subsection (6)(c)(iv) shall:
484 (A) state that the county will establish or change the frequency of the vehicle emissions
485 inspection and maintenance program under this section;
486 (B) include a copy of the ordinance establishing or changing the frequency; and
487 (C) if the county establishes or changes the frequency under this section, state how
488 frequently the emissions testing will be required.
489 (d) If an emissions inspection is only required every two years for a vehicle under
490 Subsection (6)(c), the inspection shall be required for the vehicle in:
491 (i) odd-numbered years for vehicles with odd-numbered model years; or
492 (ii) in even-numbered years for vehicles with even-numbered model years.
493 [
494
495 (7) (a) Except as provided in Subsections (7)(b), (c), and (d), the emissions inspection
496 required under this section may be made no more than two months before the renewal of
497 registration.
498 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
499 emissions inspection certificate issued for the motor vehicle during the previous 11 months to
500 satisfy the requirement under this section.
501 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
502 use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
503 motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
504 this section.
505 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
506 lessee may use an emissions inspection certificate issued during the previous 11 months to
507 satisfy the requirement under this section.
508 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
509 use an emissions inspection made more than 11 months before the renewal of registration to
510 satisfy the requirement under this section.
511 (e) If the application for renewal of registration is for a six-month registration period
512 under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
513 the previous eight months to satisfy the requirement under this section.
514 (8) (a) A county identified in Subsection (1) shall collect information about and
515 monitor the program.
516 (b) A county identified in Subsection (1) shall supply this information to an appropriate
517 legislative committee, as designated by the Legislative Management Committee, at times
518 determined by the designated committee to identify program needs, including funding needs.
519 (9) If approved by the county legislative body, a county that had an established
520 emissions inspection fee as of January 1, 2002, may increase the established fee that an
521 emissions inspection station may charge by $2.50 for each year that is exempted from
522 emissions inspections under Subsection (6)(c) up to a $7.50 increase.
523 (10) (a) A county identified in Subsection (1) may impose a local emissions
524 compliance fee on each motor vehicle registration within the county in accordance with the
525 procedures and requirements of Section 41-1a-1223.
526 (b) A county that imposes a local emissions compliance fee shall use revenues
527 generated from the fee for the establishment and enforcement of an emissions inspection and
528 maintenance program in accordance with the requirements of this section.
529 Section 10. Section 53-8-205 is amended to read:
530 53-8-205. Safety inspection required for certain vehicles -- Out-of-state permits.
531 [
532
533
534 [
535 [
536 [
537
538 [
539 [
540 [
541 [
542
543 [
544
545
546 [
547
548 [
549 [
550
551 [
552
553 [
554
555 [
556
557 Ĥ→ [
558 must pass a safety inspection when [an] the owner makes the initial application [is made for
559 initial registration] to register the vehicle as a salvage vehicle.
560 [
561
562 Ĥ→ [
562a street-legal all-terrain
563 vehicle as described in Section 41-6a-1509 is required to pass a safety inspection when the
564 owner makes the initial application to register the vehicle as a street-legal all-terrain vehicle.
565 Ĥ→ [
565a
566
567 Section [
568
569 (i) ensure that the commercial vehicle passes a safety inspection annually [
570
571 (ii) provide evidence of a valid annual federal inspection that complies with the
572 requirements of 49 C.F.R. Sec. 396.17.
573 Ĥ→ [
573a provider as
574 defined in Section 72-10-601 shall ensure that the vehicle passes a safety inspection annually.
575 Ĥ→ [
575a that the
576 vehicle passes a safety inspection annually:
577 (i) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
578 multiple axles;
579 (ii) a combination unit;
580 (iii) a bus or van for hire; or
581 (iv) a taxicab.
582 [
583 the owner of:
584 [
585 [
586 Section 41-6a-1509.
587 [
588
589 [
590
591
592 (3) A person operating a motor vehicle required to have an annual safety inspection
593 shall have in the person's immediate possession a safety inspection certificate or other evidence
594 of compliance.
595 [
596 inspection certificate issued in another state having a safety inspection law similar to [
597
598 [
599
600
601 [
602 Section 11. Section 53-8-206 is amended to read:
603 53-8-206. Safety inspection -- Station requirements -- Permits not transferable --
604 Certificate of inspection -- Fees -- Unused certificates -- Suspension or revocation of
605 permits.
606 (1) The safety inspection required under [
607 performed:
608 (a) by a person certified by the division as a safety inspector; and
609 (b) at a safety inspection station with a valid safety inspection station permit issued by
610 the division.
611 (2) (a) A safety inspection station permit may not be assigned, or transferred, or used at
612 any location other than a designated location[
613 (b) The holder of a safety inspection station permit shall [
614 a conspicuous place at the location designated in the permit.
615 (3) If required by the division, the safety inspector shall keep a record and file a report
616 [
617 (4) A safety inspection station holding a safety inspection station permit issued by the
618 division may charge a reasonable fee for labor in performing safety inspections, not to exceed:
619 (a) $7 or less for motorcycles and street-legal all-terrain vehicles;
620 (b) unless Subsection (4)(a) or (c) applies, $15 or less for motor vehicles; or
621 (c) $20 or less for 4-wheel drive, split axle, and any motor vehicles that necessitate
622 disassembly of front hub or removal of rear axle for inspection.
623 (5) (a) A safety inspection station may return to the division unused safety inspection
624 certificates in a quantity of 10 or more [
625 (b) The division shall [
626 of [
627 (6) (a) Upon receiving notice of the suspension or revocation of a safety inspection
628 station permit and after the conclusion of any adjudicative proceedings upholding the
629 suspension or revocation, the safety inspection station permit holder shall:
630 (i) immediately terminate all safety inspection activities; and
631 (ii) return all safety inspection certificates and the safety inspection station permit to
632 the division.
633 (b) The division shall issue a receipt for all unused safety inspection certificates.
634 Section 12. Effective date.
635 This bill takes effect on Ĥ→ [
Legislative Review Note
Office of Legislative Research and General Counsel