<?xml version="1.0" encoding="ISO-8859-1"?><section number="53-8-209"><effdate>5/12/2020</effdate><histories><history>Amended by Chapter <modchap sess="2020GS">345</modchap>, 2020 General Session</history><modyear>2020</modyear><history>Amended by Chapter <modchap sess="2020GS">351</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Inspection by officers -- Certificate of inspection.</catchline><subsection number="53-8-209(1)">
A peace officer may stop, inspect, and test a vehicle at any time upon reasonable cause to believe that:
<subsection number="53-8-209(1)(a)">
a vehicle is unsafe or not equipped as required by law;</subsection><subsection number="53-8-209(1)(b)">
the vehicle's equipment is not in proper adjustment or repair; or</subsection><subsection number="53-8-209(1)(c)">
the vehicle has been in an accident and a post accident investigation is necessary.</subsection></subsection><subsection number="53-8-209(2)"><subsection number="53-8-209(2)(a)"><subsection number="53-8-209(2)(a)(i)">
If a vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer may give a written notice to the driver and shall send a copy to the division.</subsection><subsection number="53-8-209(2)(a)(ii)">
The notice shall:
<subsection number="53-8-209(2)(a)(ii)(A)">
require that the vehicle be placed in safe condition and the vehicle's equipment in proper repair and adjustment;</subsection><subsection number="53-8-209(2)(a)(ii)(B)">
specify the repairs and adjustments needed; and</subsection><subsection number="53-8-209(2)(a)(ii)(C)">
require that a safety inspection certificate be obtained within 14 days.</subsection></subsection></subsection><subsection number="53-8-209(2)(b)">
If a vehicle is, in the reasonable judgment of the peace officer, hazardous to operate, the peace officer may require that the vehicle:<subsection number="53-8-209(2)(b)(i)">
not be operated under its own power; or</subsection><subsection number="53-8-209(2)(b)(ii)">
be driven to the nearest garage or other place of safety.</subsection></subsection><subsection number="53-8-209(2)(c)"><subsection number="53-8-209(2)(c)(i)">
If the owner or driver does not comply with the notice requirements and secure a safety inspection certificate within 14 days, the vehicle may not be operated on the highways of this state.</subsection><subsection number="53-8-209(2)(c)(ii)">
A violation of Subsection <xref depth="4" refnumber="53-8-209(2)(c)(i)" start="0">(2)(c)(i)</xref> is an infraction.</subsection></subsection></subsection><subsection number="53-8-209(3)">
An owner or driver of a vehicle is not guilty of an infraction and is not required to pay a fee or fine if the citation was issued for:
<subsection number="53-8-209(3)(a)">
expired registration in violation of Section <xref depth="3" refnumber="41-1a-201" start="0">41-1a-201</xref> or <xref depth="3" refnumber="41-1a-1303" start="0">41-1a-1303</xref>, and:<subsection number="53-8-209(3)(a)(i)">
the citation was issued within two months after the expiration of the vehicle's registration; and</subsection><subsection number="53-8-209(3)(a)(ii)">
the owner or driver registers the vehicle within 14 days after the citation was issued; or</subsection></subsection><subsection number="53-8-209(3)(b)">
a violation of Section <xref depth="3" refnumber="41-1a-205" start="0">41-1a-205</xref>, <xref depth="3" refnumber="41-6a-1601" start="0">41-6a-1601</xref>, or <xref depth="3" refnumber="53-8-205" start="0">53-8-205</xref> or any other equipment related infraction under <xref depth="2" refnumber="41-6a-16" start="0">Title 41, Chapter 6a, Part 16, Vehicle Equipment</xref>, and the owner or driver obtains a safety inspection, emissions inspection, or proof of repair, as applicable, within 14 days after the citation was issued.</subsection></subsection></section>
