1     
SAFETY INSPECTION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel McCay

5     
Senate Sponsor: Deidre M. Henderson

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 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          [(a) safety and inspection requirements described in Section 53-8-205;]
69          [(b)] (a) equipment standards described in Section 41-6a-1601; and
70          [(c)] (b) emission requirements adopted by a county under Section 41-6a-1642.
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, [prior to] before registration of a vehicle, an owner
78     shall:
79          (a) obtain an identification number inspection under Section 41-1a-204;
80          [(b) obtain a safety inspection certificate, if required in the current year, as provided
81     under Sections 41-1a-205 and 53-8-205;]
82          [(c)] (b) obtain a certificate of emissions inspection, if required in the current year, as
83     provided under Section 41-6a-1642;
84          [(d)] (c) pay property taxes, the in lieu fee, or receive a property tax clearance under
85     Section 41-1a-206 or 41-1a-207;
86          [(e)] (d) pay the automobile driver education tax required by Section 41-1a-208;
87          [(f)] (e) pay the applicable registration fee under Part 12, Fee and Tax Requirements;
88          [(g)] (f) pay the uninsured motorist identification fee under Section 41-1a-1218, if
89     applicable;
90          [(h)] (g) pay the motor carrier fee under Section 41-1a-1219, if applicable;
91          [(i)] (h) pay any applicable local emissions compliance fee under Section 41-1a-1223;
92     and
93          [(j)] (i) pay the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act.
94          (2) In addition to the requirements in Subsection (1), an owner [whose] of a vehicle
95     that has not been previously registered or that is currently registered under a previous owner's
96     name shall [also] apply for a valid certificate of title in the owner's name [prior to] before
97     registration.
98          (3) [A] The division may not issue a new registration, transfer of ownership, or
99     registration renewal under Section 73-18-7 [may not be issued] for a vessel or outboard motor
100     that is subject to [the title provisions of] this chapter unless a certificate of title has been or is in
101     the process of being issued in the same owner's name.
102          (4) [A] The division may not issue a new registration, transfer of ownership, or
103     registration renewal under Section 41-22-3 [may not be issued] for an off-highway vehicle that
104     is subject to [the titling provisions of] this chapter unless a certificate of title has been or is in
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          [(1) If required in the current year, a safety inspection certificate, as required by Section
110     53-8-205, or proof of exemption from safety inspection shall be presented at the time of, and as
111     a condition of, registration or renewal of registration of a motor vehicle.]
112          [(2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
113     required under this section may be made no more than two months prior to the renewal of
114     registration.]
115          [(b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
116     certificate issued for the motor vehicle during the previous 11 months may be used to satisfy
117     the requirement under Subsection (1).]
118          [(ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
119     inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
120     dealer's name during the previous 11 months may be used to satisfy the requirement under
121     Subsection (1).]
122          [(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
123     safety inspection certificate issued during the previous 11 months may be used to satisfy the
124     requirement under Subsection (1).]
125          [(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
126     required under this section may be made no more than 11 months prior to the renewal of
127     registration.]
128          [(e) If the application for renewal of registration is for a six-month registration period
129     under Section 41-1a-215.5, a safety inspection certificate issued during the previous eight
130     months may be used to satisfy the requirement under Subsection (1).]
131          [(3) (a) The following motor vehicles are exempt from this section:]
132          [(i) except as provided in Subsection (3)(b), a new motor vehicle when registered the
133     first time, if:]
134          [(A) a new car predelivery inspection has been made by a dealer;]
135          [(B) the dealer provides a written disclosure statement listing any known deficiency,
136     existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
137     to fail a safety inspection given in accordance with Section 53-8-205; and]
138          [(C) the buyer signs the disclosure statement to acknowledge that the buyer has read
139     and understands the listed deficiencies;]
140          [(ii) a motor vehicle required to be registered under this chapter that bears a dealer
141     plate or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates,
142     except that if the motor vehicle is propelled by its own power and is not being moved for repair
143     or dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding safe
144     mechanical condition; and]
145          [(iii) a vintage vehicle as defined in Section 41-21-1.]
146          (1) A salvage vehicle as defined in Section 41-1a-1001 must pass a safety inspection
147     when the owner makes the initial application to register the vehicle as a salvage vehicle.
148          [(b)] (2) A street-legal all-terrain vehicle registered in accordance with Section
149     41-6a-1509 is subject to a safety inspection[: (i)] the first time that a person registers an
150     off-highway vehicle as a street-legal all-terrain vehicle[; and].
151          [(ii) subsequently, on the same frequency as described in Subsection 53-8-205(2) based
152     on the age of the vehicle as determined by the model year identified by the manufacturer.]
153          [(4) (a)] (3) A safety inspection certificate shall be displayed on:
154          [(i)] (a) all registered commercial [motor] vehicles [with a gross vehicle weight rating
155     of 26,000 pounds or more] as defined in Section 72-9-102;
156          [(ii)] (b) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer
157     with multiple axles;
158          [(iii)] (c) a combination unit; [and]
159          [(iv)] (d) a bus or van for hire[.];
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          [(b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
164     Subsection (1).]
165          [(5) A motor vehicle may be sold and the title assigned to the new owner without a
166     valid safety inspection, but the motor vehicle may not be registered in the new owner's name
167     until the motor vehicle complies with this section.]
168          [(6)] (4) A violation of this section is an infraction.
169          Section 4. Section 41-1a-217 is amended to read:
170          41-1a-217. Application for renewal of registration.
171          (1) [Renewal of] An applicant may renew a vehicle registration [shall be made by the
172     owner upon] by:
173          (a) filing an application for registration renewal; and [by payment of]
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 [shall be] is accompanied by a[: (a) safety inspection
177     certificate as required under Section 41-1a-205; and (b)] certificate of emissions inspection [as]
178     if required under Section 41-6a-1642.
179          (3) The division shall issue a new registration card [issued shall show] that contains:
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[: (a) a safety
190     inspection, from which a vintage vehicle is exempt under Subsection 41-1a-205(3); and (b)] an
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) [A] Except as provided in Subsections (2) and (3), a dealer licensed in accordance
195     with this chapter may not issue a temporary permit for a motor vehicle under Section 41-3-302
196     unless[: (a) (i) the motor vehicle for which the temporary permit is issued has received and
197     passed the safety inspection if required in the current year under Section 53-8-205 within the
198     previous 11 months; (ii) the safety inspection certificate was issued in the name of a licensed
199     and bonded dealer; and (iii) a copy of the safety inspection certificate is given to the customer;
200     and (b)] the motor vehicle passed [the emission] an emissions inspection test if required by
201     Section 41-6a-1642.
202          [(2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without
203     a safety inspection certificate if the motor vehicle complies with the safety inspection as
204     provided in Section 41-1a-205.]
205          [(3) Notwithstanding Subsection (1)(b), a]
206          (2) A dealer may issue a temporary permit without proof of an [emission] emissions
207     inspection if:
208          (a) the motor vehicle is exempt from [emission] an emissions inspection [as provided
209     in] under Section 41-6a-1642;
210          (b) the purchaser is a resident of a county that does not require [emission] emissions
211     inspections; or
212          (c) the motor vehicle is otherwise exempt from [emission] emissions inspections.
213          [(4) Notwithstanding Subsection (1), a]
214          (3) A dealer may sell a motor vehicle as is without [having it safety or emission
215     inspected provided that no] an emissions inspection if the dealer does not issue a temporary
216     permit [is issued].
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          [(g) motor vehicle safety inspection requirements under Section 53-8-205; and]
232          [(h)] (g) safety belt requirements under [Title 41, Chapter 6a,] Part 18, Motor Vehicle
233     Safety Belt Usage Act.
234          (2) (a) [A] The owner of a low-speed vehicle shall [comply] ensure that the low-speed
235     vehicle:
236          (i) complies with federal safety standards established in 49 C.F.R. 571.500; and [shall
237     be]
238          (ii) is equipped with:
239          [(i)] (A) headlamps;
240          [(ii)] (B) front and rear turn signals, tail lamps, and stop lamps;
241          [(iii)] (C) turn signal lamps;
242          [(iv)] (D) reflex reflectors one on the rear of the vehicle and one on the left and right
243     side and as far to the rear of the vehicle as practical;
244          [(v)] (E) a parking brake;
245          [(vi)] (F) a windshield that meets the standards under Section 41-6a-1635, including a
246     device for cleaning rain, snow, or other moisture from the windshield; and
247          [(vii)] (G) an exterior rearview mirror on the driver's side and either an interior
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          [(iii) safety inspection requirements under Title 53, Chapter 8, Part 2, Motor Vehicle
292     Safety Inspection Act, except that a street-legal ATV shall be subject to a safety inspection: (A)
293     when registered for the first time; and]
294          [(B) subsequently, on the same frequency as described in Subsection 53-8-205(2)
295     based on the age of the vehicle as determined by the model year identified by the manufacturer;
296     and]
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) [An] The owner of an all-terrain type I vehicle [and] or a utility type vehicle
301     being operated as a street-legal ATV shall [be] ensure that the vehicle is equipped with:
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) [A] The owner of a full-sized all-terrain vehicle being operated as a street-legal
327     all-terrain vehicle shall [be] ensure that the vehicle is equipped with:
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) [A] The owner of a street-legal all-terrain vehicle is not required to [be equipped]
352     equip the vehicle with wheel covers, mudguards, flaps, or splash aprons.
353          (4) (a) Subject to the [requirement in] requirements of Subsection (4)(b), an operator of
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 [shall restrict the operation of] restricts the owner of an
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 [prior to] before October 1.
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          [(7) The emissions inspection shall be required within the same time limit applicable to
494     a safety inspection under Section 41-1a-205.]
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          [(1) (a) Except as provided in Subsection (1)(b), a person may not operate on a
532     highway a motor vehicle required to be registered in this state unless the motor vehicle has
533     passed a safety inspection if required in the current year.]
534          [(b) Subsection (1)(a) does not apply to:]
535          [(i) a vehicle that is exempt from registration under Section 41-1a-205;]
536          [(ii) an off-highway vehicle, unless the off-highway vehicle is being registered as a
537     street-legal all-terrain vehicle in accordance with Section 41-6a-1509;]
538          [(iii) a vintage vehicle as defined in Section 41-21-1;]
539          [(iv) a commercial vehicle with a gross vehicle weight rating over 26,000 pounds that:]
540          [(A) is operating with an apportioned registration under Section 41-1a-301; and]
541          [(B) has a valid annual federal inspection that complies with the requirements of 49
542     C.F.R. Sec. 396.17; and]
543          [(v) a trailer, semitrailer, or trailering equipment attached to a commercial motor
544     vehicle described in Subsection (1)(b)(iv) that has a valid annual federal inspection that
545     complies with the requirements of 49 C.F.R. Sec. 396.17.]
546          [(2) Except as provided in Subsection (3), the frequency of the safety inspection shall
547     be determined based on the age of the vehicle determined by model year and shall:]
548          [(a) be required each year for a vehicle that is 10 or more years old on January 1; or]
549          [(b) for each vehicle that is less than 10 years old on January 1, be required in the
550     fourth year and the eighth year;]
551          [(c) be made by a safety inspector certified by the division at a safety inspection station
552     authorized by the division;]
553          [(d) cover an inspection of the motor vehicle mechanism, brakes, and equipment to
554     ensure proper adjustment and condition as required by department rules; and]
555          [(e) include an inspection for the display of license plates in accordance with Section
556     41-1a-404.]
557          [(3) (a) (i)] (1) (a) A salvage vehicle as defined in Section 41-1a-1001 [is required to]
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          [(ii) After initial registration as a salvage vehicle, the frequency of the safety inspection
561     shall correspond with the model year, as provided in Subsection (2).]
562          (b) An off-highway vehicle being registered for the first time as a 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          [(b)] (c) [Beginning on the date that the Motor Vehicle Division has implemented the
566     Motor Vehicle Division's GenTax system,] The owner of a commercial vehicle, as defined in
567     Section [41-1a-102, with a gross vehicle weight rating of 10,001 pounds or more is required to
568     pass] 72-9-102, must:
569          (i) ensure that the commercial vehicle passes a safety inspection annually [or comply
570     with Subsection (1)(b)(iv)(B)]; or
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          (d) The owner of a vehicle operated by a ground transportation service provider as
574     defined in Section 72-10-601 shall ensure that the vehicle passes a safety inspection annually.
575          (e) An owner of one or more of the following types of vehicles shall ensure 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          [(4) (a)] (2) A safety inspection station shall issue two safety inspection certificates to
583     the owner of:
584          [(i)] (a) each motor vehicle that passes a safety inspection under this section; and
585          [(ii)] (b) a street-legal all-terrain vehicle that meets all the equipment requirements in
586     Section 41-6a-1509.
587          [(b) A safety inspection station shall use one safety inspection certificate issued under
588     this Subsection (4) for processing the vehicle registration.]
589          [(c) A person operating a motor vehicle shall have in the person's immediate
590     possession a safety inspection certificate or other evidence of compliance with the requirement
591     to obtain a safety inspection under this section.]
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          [(5)] (4) The division may[: (a)] authorize the acceptance [in this state] of a safety
596     inspection certificate issued in another state having a safety inspection law similar to [this state;
597     and] Utah's law.
598          [(b) extend the time within which a safety inspection certificate must be obtained by
599     the resident owner of a vehicle that was not in this state during the time a safety inspection was
600     required.]
601          [(6)] (5) A violation of this section is an infraction.
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 [Section 53-8-205] this part may only be
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[, and every].
613          (b) The holder of a safety inspection station permit shall [be posted] post the permit in
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     [shall be made] of every safety inspection and every safety inspection certificate issued.
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 [and].
625          (b) The division shall [be reimbursed by the division] reimburse the station for the cost
626     of [the] the returned safety inspection certificates.
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 October 1, 2017.




Legislative Review Note
Office of Legislative Research and General Counsel