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H.B. 215

             1     

VEHICLE REGISTRATION AMENDMENTS

             2     
1999 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Gerry A. Adair

             5      AN ACT RELATING TO MOTOR VEHICLES; ALLOWING SIGNED STATEMENTS
             6      INSTEAD OF AFFIDAVITS IN CERTAIN CIRCUMSTANCES.
             7      This act affects sections of Utah Code Annotated 1953 as follows:
             8      AMENDS:
             9          41-1a-225, as renumbered and amended by Chapter 1, Laws of Utah 1992
             10          41-1a-226, as renumbered and amended by Chapter 1 and last amended by Chapter 218,
             11      Laws of Utah 1992
             12          41-1a-1009, as renumbered and amended by Chapter 1, Laws of Utah 1992
             13          41-6-163.6, as last amended by Chapter 238, Laws of Utah 1998
             14          41-22-5.5, as last amended by Chapter 21, Laws of Utah 1989
             15      Be it enacted by the Legislature of the state of Utah:
             16          Section 1. Section 41-1a-225 is amended to read:
             17           41-1a-225. Foreign vehicle compliance with federal law -- English translation --
             18      Temporary permit.
             19          (1) Before a vehicle with a gross vehicle weight of less than 6,000 pounds that was not
             20      originally manufactured for sale in the United States may be registered in this state, the applicant
             21      shall provide at the time of registration, a [sworn affidavit] signed statement certifying that the
             22      vehicle complies with all federal laws and regulations applicable to the vehicle.
             23          (2) If the certificate of title, manufacturer's certificate of origin, or other document
             24      purported to evidence ownership is not printed in the English language, the applicant shall obtain
             25      a certified translation of that document in the English language and provide it to the division at the
             26      time of registration.
             27          (3) The division may issue the applicant a temporary permit, not to exceed 120 days, as


             28      provided in Section 41-1a-211 , pending compliance with federal emission and safety standards.
             29          Section 2. Section 41-1a-226 is amended to read:
             30           41-1a-226. Vintage vehicle -- Signed statement -- Registration certificate.
             31          (1) The owner of a vintage vehicle applying for registration under this part shall [execute
             32      an affidavit] provide a signed statement certifying that the vintage vehicle is owned and operated
             33      for the purposes enumerated in Section 41-21-1 and that the vintage vehicle has been inspected and
             34      found safe to operate on the highways of this state.
             35          (2) The registration certificate issued under this part need not specify the weight of the
             36      vintage vehicle.
             37          Section 3. Section 41-1a-1009 is amended to read:
             38           41-1a-1009. Abandoned and inoperable vehicles, vessels, and outboard motors --
             39      Determination by commission -- Disposal of vehicles.
             40          (1) A vehicle, vessel, or outboard motor is abandoned and inoperable when:
             41          (a) the vehicle, vessel, or outboard motor has been inspected by an authorized investigator
             42      or agent appointed by the commission; and
             43          (b) the authorized investigator or agent has made a written determination that the vehicle,
             44      vessel, or outboard motor cannot be rebuilt or reconstructed in a manner that allows its use as
             45      designed by the manufacturer.
             46          (2) (a) Before issuing a written determination under Subsection (1), [an affidavit] a signed
             47      statement is required from the purchaser of the vehicle, vessel, or outboard motor for salvage,
             48      identifying the vehicle, vessel, or outboard motor by identification number and certifying that the
             49      inoperable vehicle, vessel, or outboard motor will not be rebuilt, reconstructed, or in any manner
             50      allowed to operate as designed by the manufacturer.
             51          (b) The operator of the junk or salvage yard disposing of an inoperable vehicle, vessel, or
             52      outboard motor is required to keep copies of the [affidavits] signed statements and other written
             53      records required by the commission.
             54          (3) Upon a determination that a vehicle, vessel, or outboard motor is inoperable and cannot
             55      be rebuilt or reconstructed, the vehicle, vessel, or outboard motor may be converted to scrap or
             56      otherwise disposed of without necessity of compliance with the requirements of Sections
             57      41-1a-1010 and 41-1a-1011 .
             58          Section 4. Section 41-6-163.6 is amended to read:


             59           41-6-163.6. Emissions inspection -- County program.
             60          (1) The legislative body of each county required under federal law to utilize a motor
             61      vehicle emissions inspection and maintenance program or in which an emissions inspection and
             62      maintenance program is necessary to attain or maintain any national ambient air quality standard
             63      shall require:
             64          (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
             65      exempt from emissions inspection and maintenance program requirements be presented:
             66          (i) as a condition of registration or renewal of registration; and
             67          (ii) at other times as the county legislative body may require to enforce inspection
             68      requirements for individual motor vehicles, except that the county legislative body may not
             69      routinely require a certificate of emission inspection, or waiver of such certificate, more often than
             70      annually; and
             71          (b) all motor vehicles owned by or being used by all departments, instrumentalities,
             72      agencies, and employees of the federal government, the state and any of its agencies, and all
             73      political subdivisions of the state including school districts and registered or principally operated
             74      in that county comply with this section.
             75          (2) The legislative body of a county identified in Subsection (1) shall make rules regarding
             76      emissions standards, test procedures, inspections stations, repair requirements and dollar limits for
             77      correction of deficiencies, and certificates of emissions inspections which are determined necessary
             78      by the county legislative body in consultation with the Air Quality Board created in Section
             79      19-1-106 to attain or maintain ambient air quality standards in the county, consistent with the state
             80      implementation plan and federal requirements. The county legislative body and the board shall
             81      give preference to an inspection and maintenance program that is:
             82          (a) decentralized, to the extent the decentralized program will attain and maintain ambient
             83      air quality standards and meet federal requirements;
             84          (b) the most cost effective means to achieve and maintain the maximum benefit with
             85      regard to ambient air quality standards and to meet federal air quality requirements as related to
             86      vehicle emissions; and
             87          (c) providing a reasonable phase-out period for replacement of air pollution emission
             88      testing equipment made obsolete by the program, but only to the extent the phase-out may be
             89      accomplished in accordance with applicable federal requirements and the phase-out does not


             90      otherwise interfere with the attainment and maintenance of ambient air quality standards. The
             91      rules may allow for a phase-in of the program by geographical area.
             92          (3) Agricultural implements of husbandry and any motor vehicle that meets the definition
             93      of a farm truck under Section 41-1a-102 and has a gross vehicle weight rating of 12,001 pounds
             94      or more are exempt from this section.
             95          (4) (a) The legislative body of a county identified in Subsection (1) shall exempt any
             96      pickup truck, as defined in Section 41-1a-102 , having a gross vehicle weight of 12,000 pounds or
             97      less from the emission inspection requirements of this section if the registered owner of the pickup
             98      truck [signs and submits] provides a signed statement to the legislative body [an affidavit] stating
             99      the truck is used:
             100          (i) by the owner or operator of a farm located on property that qualifies as land in
             101      agricultural use under Sections 59-2-502 and 59-2-503 ; and
             102          (ii) exclusively for the following purposes in operating the farm:
             103          (A) for the transportation of farm products, including livestock and its products, poultry
             104      and its products, floricultural and horticultural products; and
             105          (B) in the transportation of farm supplies, including tile, fence, and every other thing or
             106      commodity used in agricultural, floricultural, horticultural, livestock, and poultry production and
             107      maintenance.
             108          (b) The county shall provide to the registered owner who signs and submits [an affidavit]
             109      a signed statement under this section a certificate of exemption from emission inspection
             110      requirements for purposes of registering the exempt vehicle.
             111          (5) (a) Each college or university located in a county subject to this section shall require
             112      its students and employees who park any motor vehicle on its campus or property that is not
             113      registered in a county subject to this section to provide proof of compliance with an emissions
             114      inspection accepted by the county legislative body.
             115          (b) College or university parking areas that are metered or for which payment is required
             116      per use are not subject to the requirements of this subsection.
             117          (6) (a) An emissions inspection station shall issue a certificate of emissions inspection for
             118      each motor vehicle that meets the inspection and maintenance program requirements established
             119      in rules made under Subsection (2).
             120          (b) The emissions inspection shall be required at least annually, but the county may require


             121      the inspection at least biennially for vehicles that are five or fewer years old on January 1.
             122          (c) If the county chooses to require biennial inspections for a vehicle under Subsection
             123      (6)(b), the inspection shall be required for the vehicle in:
             124          (i) odd-numbered years for vehicles with odd-numbered model years; or
             125          (ii) in even-numbered years for vehicles with even-numbered model years.
             126          (d) A vehicle's age is determined by the model year of the vehicle.
             127          (7) The emissions inspection shall be required within the same time limit applicable to a
             128      safety inspection under Section 41-1a-205 .
             129          (8) (a) Counties identified in Subsection (1) shall collect information about and monitor
             130      the program.
             131          (b) The counties shall supply this information to an appropriate legislative committee, as
             132      designated by the Legislative Management Committee, at times determined by that designated
             133      committee to identify program needs, including funding needs.
             134          Section 5. Section 41-22-5.5 is amended to read:
             135           41-22-5.5. Off-highway husbandry vehicles.
             136          (1) (a) The owner of an all-terrain type I vehicle, motorcycle, or snowmobile used for
             137      agricultural purposes may apply to the Motor Vehicle Division for an off-highway implement of
             138      husbandry sticker. Each application shall be accompanied by evidence of ownership, a title, or a
             139      manufacturer's certificate of origin, and [an affidavit] a signed statement certifying that the
             140      off-highway vehicle is used for agricultural purposes. The owner shall receive an off-highway
             141      implement of husbandry sticker upon production of the documents required above and payment
             142      of an off-highway implement of husbandry sticker fee established by the board not to exceed $10.
             143          (b) If the vehicle is also used for recreational purposes on public lands, trails, streets, or
             144      highways, it shall also be registered under Section 41-22-3 .
             145          (c) The off-highway implement of husbandry sticker shall be displayed in a manner
             146      prescribed by the board and shall identify the all-terrain type I vehicle, motorcycle, or snowmobile
             147      as an off-highway implement of husbandry.
             148          (2) The off-highway implement of husbandry sticker is valid only for the life of the
             149      ownership of the all-terrain type I vehicle, motorcycle, or snowmobile and is not transferable.
             150          (3) The off-highway implement of husbandry sticker is valid for an all-terrain type I
             151      vehicle, motorcycle, or snowmobile which is being operated adjacent to a roadway:


             152          (a) when the all-terrain type I vehicle, motorcycle, or snowmobile is only being used to
             153      travel from one parcel of land owned or operated by the owner of the vehicle to another parcel of
             154      land owned or operated by the owner; and
             155          (b) when this operation is necessary for the furtherance of agricultural purposes.
             156          (4) If the operation of an off-highway implement of husbandry adjacent to a roadway is
             157      impractical, it may be operated on the roadway if the operator exercises due care towards
             158      conventional motor vehicle traffic.
             159          (5) It is unlawful to operate an off-highway implement of husbandry along, across, or
             160      within the boundaries of an interstate freeway.




Legislative Review Note
    as of 12-8-98 1:21 PM


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

Office of Legislative Research and General Counsel


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