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H.B. 49 Enrolled
Thomas V. Hatch
Bradley T. Johnson
Greg J. Curtis
Michael R. Styler
Jack A. Seitz
Gordon E. Snow
Brad King
Bradley A. Winn
Mike Thompson
Craig W. Buttars
Brent D. Parker
John E. Swallow
Bryan D. Holladay
Carl W. Duckworth
Glenn A. Donnelson
Neal B. Hendrickson
David L. Hogue
Gary F. Cox
James R. Gowans
Matt Throckmorton
Brent H. Goodfellow
James A. Ferrin
Roger E. Barrus
David Clark
Paul Ray
Stephen H. Urquhart
Darin G. Peterson
Richard M. Siddoway
Max W. Young
This act modifies the Motor Vehicle Code by amending motor vehicle frame height
requirements and related provisions.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-6-148.29, as enacted by Chapter 128, Laws of Utah 1987
41-6-148.31, as last amended by Chapter 1, Laws of Utah 1992
41-6-148.32, as last amended by Chapter 10, Laws of Utah 1989
41-6-148.33, as enacted by Chapter 128, Laws of Utah 1987
41-6-150.10, as last amended by Chapter 73, Laws of Utah 2000
53-1-108, as enacted by Chapter 234, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-148.29 is amended to read:
41-6-148.29. Vehicles subject to Sections 41-6-148.29 through 41-6-148.33 --
Definitions.
(1) Sections 41-6-148.29 through 41-6-148.33 apply to all motor vehicles with an original
manufacturer's gross vehicle weight rating of [
highway within the state.
(2) As used in Sections 41-6-148.29 through 41-6-148.33 :
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Frame" means the main longitudinal structural members of the chassis of the vehicle or, for
vehicles with unitized body construction, the lowest longitudinal structural member of the body of the
vehicle.
(c) "Frame height" means the vertical distance between the ground and the lowest point on the
frame. The distance is measured [
(d) "Gross vehicle weight rating (GVWR)" means the original manufacturer's gross vehicle weight
rating, whether or not the vehicle is modified by use of parts not originally installed by the original
manufacturer.
(e) "Manufacturer" means any person engaged in manufacturing or assembling new motor vehicles
utilizing new parts or components, or a person defined as a manufacturer in current applicable Federal
Motor Vehicle Safety Standards (FMVSS).
(f) "Mechanical alteration" or "mechanical lift" means modification or alteration of the axles, chassis,
suspension, or body by any means, including tires and wheels, and excluding any load, which affects the
frame height of the motor vehicle.
(g) "O.E.M." means original equipment manufacturer.
(h) "Original equipment" means an item of motor vehicle equipment, including tires, which were
installed in or on a motor vehicle or available as an option for the particular vehicle from the original
manufacturer at the time of its delivery to the first purchaser.
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axle. On vehicles having dissimilar axle widths, the axle with the widest distance is used for all calculations.
(3) The provisions of Sections 41-6-148.29 through 41-6-148.33 do not apply to the following
vehicles:
(a) implements of husbandry;
(b) farm tractors;
(c) road machinery;
(d) road rollers; and
(e) historical vehicles or horseless carriages that have been restored as near to original condition
as is reasonably possible.
Section 2. Section 41-6-148.31 is amended to read:
41-6-148.31. Standards applicable to vehicles.
(1) The following standards apply to vehicles under Sections 41-6-148.29 through 41-6-148.33 :
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capable of performing the function for which they are intended and shall be equal to or greater in strength
and durability than the original parts provided by the original manufacturer.
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any vehicle is prohibited.
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(d) The stacking of two or more axle blocks of any vehicle is prohibited.
(2) (a) In doubtful or unusual cases, or to meet specific industrial requirements, personnel of the
Utah Highway Patrol shall inspect the vehicle to determine the road worthiness and safe condition of the
vehicle and whether it complies with Sections 41-6-148.29 through 41-6-148.33 .
(b) If the vehicle complies, the Utah Highway Patrol shall issue a permit of approval that shall be
carried in the vehicle.
(3) (a) Upon notice to the party to whom the motor vehicle is registered, the Department of Public
Safety shall suspend the registration of any motor vehicle equipped, altered, or modified in violation of
Sections 41-6-148.29 through 41-6-148.33 .
(b) The Motor Vehicle Division shall, under Subsection 41-1a-109 (1)(e) or (2), refuse to register
any motor vehicle it has reason to believe is equipped, altered, or modified in violation of Sections
41-6-148.29 through 41-6-148.33 .
Section 3. Section 41-6-148.32 is amended to read:
41-6-148.32. Prohibitions.
(1) A person may not operate on any highway within the state a motor vehicle that is mechanically
altered or changed [
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(a) in any way that may cause the vehicle body or chassis to come in contact with the roadway,
expose the fuel tank to damage from collision, or cause the wheels to come in contact with the body under
normal operation[
(b) [
(c) so that any part of the vehicle other than tires, rims, and mudguards are less than three inches
above the ground;
(d) to a frame height of more than 24 inches for a motor vehicle with a gross vehicle weight rating
of less than 4,500 pounds;
(e) to a frame height of more than 26 inches for a motor vehicle with a gross vehicle weight rating
of at least 4,500 pounds and less than 7,500 pounds;
(f) to a frame height of more than 28 inches for a motor vehicle with a gross vehicle weight rating
of at least 7,500 pounds;
(g) by stacking or attaching vehicle frames (one from on top of or beneath another frame); or
(h) so that the lowest portion of the body floor is raised more than three inches above the top of
the frame.
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covered by the original fenders, by rubber, or other flexible fender extenders under any loading condition.
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(3) A person who violates the provisions of this section is guilty of a class C misdemeanor.
Section 4. Section 41-6-148.33 is amended to read:
41-6-148.33. Bumpers.
(1) Every motor vehicle shall be equipped with a bumper on both front and rear of the vehicle,
except those that were not originally designed or manufactured with a bumper or bumpers.
(2) (a) On all motor vehicles under [
(i) at least 4.5 inches in vertical height[
(ii) centered on the vehicle's center line[
(iii) extend no less than the width of the respective wheel track distance.
(b) Bumpers shall be securely mounted, horizontal load bearing, and attached to the vehicle's frame
to effectively transfer impact when engaged.
(3) When any motor vehicle is originally or later equipped with bumpers, the bumpers shall be
maintained in operational condition and shall comply with this [
Section 5. Section 41-6-150.10 is amended to read:
41-6-150.10. Mudguards or flaps at rear wheels of trucks, trailers, truck tractors, or
altered motor vehicles -- Exemptions.
(1) The definitions in Section 41-6-148.29 apply to this section.
(2) (a) Except as provided in Subsections (3) and (4), when operated on a highway, [
behind the rearmost wheels to prevent, as far as practicable, the wheels from throwing dirt, water, or other
materials on other vehicles:
(i) a vehicle that has been altered:
(A) from the original manufacturer's frame height; or
(B) in any other manner so that the motor vehicle's wheels may throw dirt, water, or other materials
on other vehicles;
(ii) any truck with a gross vehicle weight rating of 10,500 pounds or more;
(iii) any truck tractor; and
(iv) any trailer or semitrailer with an unladen weight of 750 pounds or more [
(b) The wheel covers, mudguards, flaps, or splash aprons shall:
(i) be at least as wide as the tires they are protecting;
(ii) be directly in line with the tires; and
(iii) have a ground clearance of not more than 50% of the diameter of a rear-axle wheel, under any
conditions of loading of the motor vehicle.
(3) Wheel covers, mudguards, flaps, or splash aprons are not required if the motor vehicle, trailer,
or semitrailer is designed and constructed so that the requirements of Subsection (1) are accomplished by
means of fenders, body construction, or other means of enclosure.
(4) Wheel covers, mudguards, flaps, or splash aprons are not required on a vehicle operated or
driven during fair weather on well-maintained, hard-surfaced roads if the motor vehicle:
(a) was made in America prior to 1935;
(b) is registered as a vintage vehicle; or
(c) is a replica vehicle as defined under Section 41-6-155.5 .
(5) Except as provided in Subsection (4), rear wheels not covered at the top by fenders, bodies,
or other parts of the vehicle shall be covered at the top by protective means extending rearward at least
to the center line of the rearmost axle.
Section 6. Section 53-1-108 is amended to read:
53-1-108. Commissioner's powers and duties.
(1) In addition to the responsibilities contained in this title, the commissioner shall:
(a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility of Motor
Vehicle Owners and Operators Act;
(b) appoint deputies, inspectors, examiners, clerical workers, and other employees as required
to properly discharge the duties of the department;
(c) make rules:
(i) governing emergency use of signal lights on private vehicles; and
(ii) allowing privately owned vehicles to be designated for part-time emergency use, as provided
in Section 41-6-1.5 ; [
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(d) set standards for safety belt systems, as required by Section 41-6-182 ;
(e) serve as the chairman of the Disaster Emergency Advisory Council, as required by Section
63-5-4 ; and
(f) designate vehicles as "authorized emergency vehicles," as required by Section 41-6-1 .
(2) The commissioner may:
(a) subject to the approval of the governor, establish division headquarters at various places in the
state;
(b) issue to a special agent a certificate of authority to act as a peace officer and revoke that
authority for cause, as authorized in Section 56-1-21.5 ;
(c) create specialized units within the commissioner's office for conducting internal affairs and
aircraft operations as necessary to protect the public safety;
(d) cooperate with any recognized agency in the education of the public in safety and crime
prevention and participate in public or private partnerships, subject to Subsection (3);
(e) cooperate in applying for and distributing highway safety program funds; and
(f) receive and distribute federal funding to further the objectives of highway safety in compliance
with the Federal Assistance Management Program Act.
(3) (a) Money may not be expended under Subsection (2)(d) for public safety education unless
it is specifically appropriated by the Legislature for that purpose.
(b) Any recognized agency receiving state money for public safety shall file with the auditor of the
state an itemized statement of all its receipts and expenditures.
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