H.B. 259

1

SALE OF VEHICLE
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Brian R. Allen
5 AN ACT RELATING TO MOTOR VEHICLES; REQUIRING CERTAIN DISCLOSURES FOR
6 CERTAIN NEW MOTOR VEHICLES; AMENDING CERTAIN SAFETY INSPECTION
7 PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 41-1a-205, as last amended by Chapter 234, Laws of Utah 1993
11 53-8-205, as renumbered and amended by Chapters 26 and 234, Laws of Utah 1993
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 41-1a-205 is amended to read:
14 41-1a-205. Safety inspection certificate required for renewal or registration of motor
15 vehicle -- Exemptions.
16 (1) A safety inspection certificate, as required by Section 53-8-205, or proof of exemption
17 from safety inspection shall be presented at the time of, and as a condition of, registration or
18 renewal of registration of a motor vehicle.
19 (2) (a) The safety inspection required under this section may be made no more than two
20 months prior to the renewal of registration, except as provided in Subsection (2)(b).
21 (b) (i) To renew the registration of a used car, the title of which has been transferred or is
22 to be transferred, a safety inspection certificate received by the previous owner during the past two
23 months may be presented to the division.
24 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety inspection
25 certificate issued in a licensed and bonded motor vehicle dealer's name during the previous six
26 months may be presented to the division.
27 (3) The following motor vehicles are exempt from this section:

1 (a) a new motor vehicle when registered the first time, [provided] if:
2 h [ (i) the new motor vehicle conforms to federal safety standards for manufacture and
3 delivery of a new motor vehicle;
4 (ii) ] (i) h a new car predelivery inspection has been made by a dealer; [and]
5 h [ (iii) ] (ii) h the dealer provides a written disclosure statement listing any h KNOWN h
5a 5a deficiency, existing with
6 the new motor vehicle at the time of delivery, that would cause the motor vehicle to fail a safety
7 inspection given in accordance with Section 53-8-205; and
8 (iv) the buyer signs the disclosure statement to acknowledge that the buyer has read and
9 understands the listed deficiencies; and
10 (b) a motor vehicle required to be registered under this chapter that bears a dealer plate or
11 other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except that if
12 the motor vehicle is propelled by its own power and is not being moved for repair or dismantling,
13 the motor vehicle shall comply with Section 41-6-155 regarding safe mechanical condition.
14 (4) (a) A safety inspection certificate shall be displayed on:
15 (i) all registered commercial motor vehicles with a gross vehicle weight rating of 26,000
16 pounds or more;
17 (ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
18 multiple axles;
19 (iii) a combination unit; and
20 (iv) a bus or van for hire.
21 (b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
22 Subsection (1).
23 (5) A motor vehicle may be sold and the title assigned to the new owner without a valid
24 safety inspection, but the motor vehicle may not be registered in the new owner's name until the
25 motor vehicle complies with this section.
26 Section 2. Section 53-8-205 is amended to read:
27 53-8-205. Safety inspection required -- Safety inspection certificate required -- Out
28 of state permits.
29 (1) (a) Except as provided in Subsection (1)(b), a person may not operate on a highway
30 a motor vehicle required to be registered in this state unless the motor vehicle has passed a safety
31 inspection.
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lilac-January 29, 1998

1 (b) Subsection (1)(a) does not apply to:
2 (i) vehicles exempt from registration under Section 41-1a-205; and
3 (ii) off-highway vehicles.
4 (2) The safety inspection shall:
5 (a) be made at least once each year;
6 (b) be made by a safety inspector certified by the division at a safety inspection station
7 authorized by the division; [and]
8 (c) cover an inspection of the motor vehicle mechanism, brakes, and equipment to ensure
9 proper adjustment and condition as required by department rules; and
10 (d) include an inspection for the display of license plates in accordance with Section
11 41-1a-404.
12 (3) A safety inspection station shall issue a safety inspection certificate to the owner of
13 each motor vehicle that passes a safety inspection under this section.
14 (4) The division may:
15 (a) authorize the acceptance in this state of a safety inspection certificate issued in another
16 state having a safety inspection law similar to this state; and
17 (b) extend the time within which a safety inspection certificate must be obtained by the
18 resident owner of a vehicle that was not in this state during the time a safety inspection was
19 required.
20 Section 3. Effective date.
21 This act takes effect on July 1, 1998.




Legislative Review Note
as of 1-7-98 11:17 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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