S.B. 108

1

LICENSURE OF MOTOR VEHICLES
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ed P. Mayne
5 This act modifies the Motor Vehicle Code by requiring applicants for new vehicle
6 registration or a temporary permit to show a valid driver license.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 41-1a-211, as last amended by Chapter 125, Laws of Utah 1998
10 41-3-303, as last amended by Chapter 234, Laws of Utah 1993
11 ENACTS:
12 41-1a-210.5, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 41-1a-210.5 is enacted to read:
15 41-1a-210.5. Driver license required on new registrations.
16 The division, before issuing any new registration, shall require the person making the
17 application to show proof of a valid driver license.
18 Section 2. Section 41-1a-211 is amended to read:
19 41-1a-211. Temporary permits -- Other laws applied.
20 (1) (a) The division may grant a temporary permit to operate a vehicle for which:
21 (i) application for registration has been made, or, in the case of a newly purchased vehicle,
22 will be made;
23 (ii) evidence of ownership is provided; [and]
24 (iii) the proper fees have been paid[.]; and
25 (iv) the person making the application has shown proof of a valid driver license.
26 (b) The temporary permit allows the vehicle to be operated pending complete registration
27 by displaying:

28 (i) the temporary permit; or
29 (ii) other evidence of the application under rules made by the commission.
30 (2) If a vehicle is operated on a temporary permit issued under this section or Section
31 41-3-302 , that vehicle is subject to all other statutes, rules, and regulations intended to control the
32 use and operation of vehicles on the highways.
33 Section 3. Section 41-3-303 is amended to read:
34 41-3-303. Temporary permits -- Inspections required before issuance.
35 (1) A dealer licensed in accordance with this chapter may not issue a temporary permit
36 under Section 41-3-302 unless:
37 (a) (i) the motor vehicle for which the temporary permit is issued has received and passed
38 the safety inspection required by Section 53-8-205 within the previous six months;
39 (ii) the safety inspection certificate was issued in the name of a licensed and bonded
40 dealer; and
41 (iii) a copy of the safety inspection certificate is given to the customer; [and]
42 (b) the motor vehicle passed the emission inspection test required by Section
43 41-6-163.6 [.]; and
44 (c) the person making the application for the temporary permit has shown evidence of a
45 valid driver license.
46 (2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without a
47 safety inspection certificate if the motor vehicle complies with the safety inspection as provided
48 in Section 41-1a-205 .
49 (3) Notwithstanding Subsection (1)(b), a dealer may issue a temporary permit without
50 proof of an emission inspection if:
51 (a) the motor vehicle is exempt from emission inspection as provided in Section
52 41-6-163.6 ;
53 (b) the purchaser is a resident of a county that does not require emission inspections; or
54 (c) the motor vehicle is otherwise exempt from emission inspections.
55 (4) Notwithstanding Subsection (1), a dealer may sell a motor vehicle as is without having
56 it safety or emission inspected provided that no temporary permit is issued.

Legislative Review Note
as of 1-9-01 2:58 PM

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

Office of Legislative Research and General Counsel