H.B. 215 Enrolled

VEHICLE REGISTRATION AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Gerry A. Adair
AN ACT RELATING TO MOTOR VEHICLES; ALLOWING SIGNED STATEMENTS
INSTEAD OF AFFIDAVITS IN CERTAIN CIRCUMSTANCES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-1a-225, as renumbered and amended by Chapter 1, Laws of Utah 1992
41-1a-226, as renumbered and amended by Chapter 1 and last amended by Chapter 218,
Laws of Utah 1992
41-1a-1009, as renumbered and amended by Chapter 1, Laws of Utah 1992
41-6-163.6, as last amended by Chapter 238, Laws of Utah 1998
41-22-5.5, as last amended by Chapter 21, Laws of Utah 1989
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-1a-225 is amended to read:
41-1a-225. Foreign vehicle compliance with federal law -- English translation --
Temporary permit.
(1) Before a vehicle with a gross vehicle weight of less than 6,000 pounds that was not
originally manufactured for sale in the United States may be registered in this state, the applicant
shall provide at the time of registration, a [sworn affidavit] signed statement certifying that the
vehicle complies with all federal laws and regulations applicable to the vehicle.
(2) If the certificate of title, manufacturer's certificate of origin, or other document
purported to evidence ownership is not printed in the English language, the applicant shall obtain
a certified translation of that document in the English language and provide it to the division at the
time of registration.
(3) The division may issue the applicant a temporary permit, not to exceed 120 days, as
provided in Section 41-1a-211 , pending compliance with federal emission and safety standards.
Section 2. Section 41-1a-226 is amended to read:

41-1a-226. Vintage vehicle -- Signed statement -- Registration certificate.
(1) The owner of a vintage vehicle applying for registration under this part shall [execute an
affidavit] provide a signed statement certifying that the vintage vehicle is owned and operated for
the purposes enumerated in Section 41-21-1 and that the vintage vehicle has been inspected and
found safe to operate on the highways of this state.
(2) The registration certificate issued under this part need not specify the weight of the
vintage vehicle.
Section 3. Section 41-1a-1009 is amended to read:
41-1a-1009. Abandoned and inoperable vehicles, vessels, and outboard motors --
Determination by commission -- Disposal of vehicles.
(1) A vehicle, vessel, or outboard motor is abandoned and inoperable when:
(a) the vehicle, vessel, or outboard motor has been inspected by an authorized investigator
or agent appointed by the commission; and
(b) the authorized investigator or agent has made a written determination that the vehicle,
vessel, or outboard motor cannot be rebuilt or reconstructed in a manner that allows its use as
designed by the manufacturer.
(2) (a) Before issuing a written determination under Subsection (1), [an affidavit] a signed
statement is required from the purchaser of the vehicle, vessel, or outboard motor for salvage,
identifying the vehicle, vessel, or outboard motor by identification number and certifying that the
inoperable vehicle, vessel, or outboard motor will not be rebuilt, reconstructed, or in any manner
allowed to operate as designed by the manufacturer.
(b) The operator of the junk or salvage yard disposing of an inoperable vehicle, vessel, or
outboard motor is required to keep copies of the [affidavits] signed statements and other written
records required by the commission.
(3) Upon a determination that a vehicle, vessel, or outboard motor is inoperable and cannot
be rebuilt or reconstructed, the vehicle, vessel, or outboard motor may be converted to scrap or
otherwise disposed of without necessity of compliance with the requirements of Sections 41-1a-1010
and 41-1a-1011 .

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Section 4. Section 41-6-163.6 is amended to read:
41-6-163.6. Emissions inspection -- County program.
(1) The legislative body of each county required under federal law to utilize a motor vehicle
emissions inspection and maintenance program or in which an emissions inspection and maintenance
program is necessary to attain or maintain any national ambient air quality standard shall require:
(a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
exempt from emissions inspection and maintenance program requirements be presented:
(i) as a condition of registration or renewal of registration; and
(ii) at other times as the county legislative body may require to enforce inspection
requirements for individual motor vehicles, except that the county legislative body may not routinely
require a certificate of emission inspection, or waiver of such certificate, more often than annually;
and
(b) all motor vehicles owned by or being used by all departments, instrumentalities, agencies,
and employees of the federal government, the state and any of its agencies, and all political
subdivisions of the state including school districts and registered or principally operated in that
county comply with this section.
(2) The legislative body of a county identified in Subsection (1) shall make rules regarding
emissions standards, test procedures, inspections stations, repair requirements and dollar limits for
correction of deficiencies, and certificates of emissions inspections which are determined necessary
by the county legislative body in consultation with the Air Quality Board created in Section 19-1-106
to attain or maintain ambient air quality standards in the county, consistent with the state
implementation plan and federal requirements. The county legislative body and the board shall give
preference to an inspection and maintenance program that is:
(a) decentralized, to the extent the decentralized program will attain and maintain ambient
air quality standards and meet federal requirements;
(b) the most cost effective means to achieve and maintain the maximum benefit with regard
to ambient air quality standards and to meet federal air quality requirements as related to vehicle
emissions; and

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(c) providing a reasonable phase-out period for replacement of air pollution emission testing
equipment made obsolete by the program, but only to the extent the phase-out may be accomplished
in accordance with applicable federal requirements and the phase-out does not otherwise interfere
with the attainment and maintenance of ambient air quality standards. The rules may allow for a
phase-in of the program by geographical area.
(3) Agricultural implements of husbandry and any motor vehicle that meets the definition
of a farm truck under Section 41-1a-102 and has a gross vehicle weight rating of 12,001 pounds or
more are exempt from this section.
(4) (a) The legislative body of a county identified in Subsection (1) shall exempt any pickup
truck, as defined in Section 41-1a-102 , having a gross vehicle weight of 12,000 pounds or less from
the emission inspection requirements of this section if the registered owner of the pickup truck [signs
and submits] provides a signed statement to the legislative body [an affidavit] stating the truck is
used:
(i) by the owner or operator of a farm located on property that qualifies as land in agricultural
use under Sections 59-2-502 and 59-2-503 ; and
(ii) exclusively for the following purposes in operating the farm:
(A) for the transportation of farm products, including livestock and its products, poultry and
its products, floricultural and horticultural products; and
(B) in the transportation of farm supplies, including tile, fence, and every other thing or
commodity used in agricultural, floricultural, horticultural, livestock, and poultry production and
maintenance.
(b) The county shall provide to the registered owner who signs and submits [an affidavit]
a signed statement under this section a certificate of exemption from emission inspection
requirements for purposes of registering the exempt vehicle.
(5) (a) Each college or university located in a county subject to this section shall require its
students and employees who park any motor vehicle on its campus or property that is not registered
in a county subject to this section to provide proof of compliance with an emissions inspection
accepted by the county legislative body.

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(b) College or university parking areas that are metered or for which payment is required per
use are not subject to the requirements of this subsection.
(6) (a) An emissions inspection station shall issue a certificate of emissions inspection for
each motor vehicle that meets the inspection and maintenance program requirements established in
rules made under Subsection (2).
(b) The emissions inspection shall be required at least annually, but the county may require
the inspection at least biennially for vehicles that are five or fewer years old on January 1.
(c) If the county chooses to require biennial inspections for a vehicle under Subsection
(6)(b), the inspection shall be required for the vehicle in:
(i) odd-numbered years for vehicles with odd-numbered model years; or
(ii) in even-numbered years for vehicles with even-numbered model years.
(d) A vehicle's age is determined by the model year of the vehicle.
(7) The emissions inspection shall be required within the same time limit applicable to a
safety inspection under Section 41-1a-205 .
(8) (a) Counties identified in Subsection (1) shall collect information about and monitor the
program.
(b) The counties shall supply this information to an appropriate legislative committee, as
designated by the Legislative Management Committee, at times determined by that designated
committee to identify program needs, including funding needs.
Section 5. Section 41-22-5.5 is amended to read:
41-22-5.5. Off-highway husbandry vehicles.
(1) (a) The owner of an all-terrain type I vehicle, motorcycle, or snowmobile used for
agricultural purposes may apply to the Motor Vehicle Division for an off-highway implement of
husbandry sticker. Each application shall be accompanied by evidence of ownership, a title, or a
manufacturer's certificate of origin, and [an affidavit] a signed statement certifying that the
off-highway vehicle is used for agricultural purposes. The owner shall receive an off-highway
implement of husbandry sticker upon production of the documents required above and payment of
an off-highway implement of husbandry sticker fee established by the board not to exceed $10.

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(b) If the vehicle is also used for recreational purposes on public lands, trails, streets, or
highways, it shall also be registered under Section 41-22-3 .
(c) The off-highway implement of husbandry sticker shall be displayed in a manner
prescribed by the board and shall identify the all-terrain type I vehicle, motorcycle, or snowmobile
as an off-highway implement of husbandry.
(2) The off-highway implement of husbandry sticker is valid only for the life of the
ownership of the all-terrain type I vehicle, motorcycle, or snowmobile and is not transferable.
(3) The off-highway implement of husbandry sticker is valid for an all-terrain type I vehicle,
motorcycle, or snowmobile which is being operated adjacent to a roadway:
(a) when the all-terrain type I vehicle, motorcycle, or snowmobile is only being used to travel
from one parcel of land owned or operated by the owner of the vehicle to another parcel of land
owned or operated by the owner; and
(b) when this operation is necessary for the furtherance of agricultural purposes.
(4) If the operation of an off-highway implement of husbandry adjacent to a roadway is
impractical, it may be operated on the roadway if the operator exercises due care towards
conventional motor vehicle traffic.
(5) It is unlawful to operate an off-highway implement of husbandry along, across, or within
the boundaries of an interstate freeway.

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