H.B. 172 Enrolled

VEHICLE SAFETY INSPECTION
AMENDMENTS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Wayne A. Harper
This act modifies the Motor Vehicle and Public Safety Code by amending the frequency
required for safety inspections and emissions testing for motor vehicles. The act amends the
maximum fee an inspection station may charge for motor vehicle safety inspections. The act
increases the decal fee the state charges for safety inspections. The act provides for the
establishment of a safety inspection apprenticeship program. The act provides an effective
date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-6-163.6, as last amended by Chapter 217, Laws of Utah 1999
53-8-204, as last amended by Chapter 238, Laws of Utah 1998
53-8-205, as last amended by Chapters 128 and 238, Laws of Utah 1998
53-8-206, as last amended by Chapter 238, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. 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] required under Subsection (6) ; 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
(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

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the emission inspection requirements of this section if the registered owner of the pickup truck
provides a signed statement to the legislative body 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 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.
(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 (5).
(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 frequency of the emissions inspection shall be determined based on the age of the
vehicle as determined by model year and 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.]
annually subject to the provisions of Subsection (6)(c).
(c) (i) To the extent allowed under the current federally approved state implementation plan,
in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative body of

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a county identified in Subsection (1) shall only require the emissions inspection every two years for
each vehicle.
(ii) The provisions of Subsection (6)(c)(i) apply only to a vehicle that is less than six years
old on January 1.
[(c)] (d) If [the county chooses to require biennial inspections] an emissions inspection is
only required every two years for a vehicle under Subsection (6)[(b)] (c), 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.
(9) If approved by the county legislative body, a county that had an established emissions
inspection fee as of January 1, 2002, may increase the established fee that an emissions inspection
station may charge by $2.50 for each year that is exempted from emissions inspections under
Subsection (6)(c) up to a $7.50 increase.
Section 2. Section 53-8-204 is amended to read:
53-8-204. Division duties -- Official inspection stations -- Permits -- Fees -- Suspension
or revocation -- Utah-based interstate commercial motor carriers.
(1) The division shall:
(a) conduct examinations of every safety inspection station permit applicant and safety
inspector certificate applicant to determine whether the applicant is properly equipped and qualified
to make safety inspections;

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(b) issue safety inspection station permits and safety inspector certificates to qualified
applicants;
(c) establish application, renewal, and reapplication fees in accordance with Section
63-38-3.2 for safety inspection station permits and safety inspector certificates;
(d) provide instructions and all necessary forms, including safety inspection certificates, to
safety inspection stations for the inspection of motor vehicles and the issuance of the safety
inspection certificates;
(e) charge a [$1.50] $2 fee for each safety inspection certificate;
(f) investigate complaints regarding safety inspection stations and safety inspectors;
(g) compile and publish all applicable safety inspection laws, rules, instructions, and
standards and distribute them to all safety inspection stations and provide updates to the compiled
laws, rules, instructions, and standards as needed;
(h) establish a fee in accordance with Section 63-38-3.2 to cover the cost of compiling and
publishing the safety inspection laws, rules, instructions, and standards and any updates; and
(i) assist the council in conducting its meetings and hearings.
(2) (a) (i) Receipts from the fees established in accordance with Subsection (1)(h) are fixed
collections to be used by the division for the expenses of the Utah Highway Patrol incurred under
Subsection (1)(h).
(ii) Funds received in excess of the expenses under Subsection (1)(h) shall be deposited in
the Transportation Fund.
(b) (i) The first [$.50] $.75 of the fee under Subsection (1)(e) is a dedicated credit to be used
solely by the Utah Highway Patrol for the expenses of administering this section.
(ii) [Funds in excess of the first $.50] The remaining funds collected under Subsection (1)(e)
shall be deposited in the Transportation Fund.
(iii) The dedicated credits described under Subsection (2)(b)(i) are in addition to any other
appropriations provided to administer the safety inspection program duties under this section.
(3) The division may:
(a) before issuing a safety inspection permit, require an applicant, other than a fleet station

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or government station, to file a bond that will provide a guarantee that the applicant safety inspection
station will make compensation for any damage to a motor vehicle during an inspection or
adjustment due to negligence on the part of an applicant or his employees;
(b) establish procedures governing the issuance of safety inspection certificates to
Utah-based interstate commercial motor carriers; and
(c) suspend, revoke, or refuse renewal of any safety inspection station permit issued when
the division finds that the safety inspection station is not:
(i) properly equipped; or
(ii) complying with rules made by the division; and
(d) suspend, revoke, or refuse renewal of any safety inspection station permit or safety
inspector certificate issued when the station or inspector has violated any safety inspection law or
rule.
(4) The division shall maintain a record of safety inspection station permits and safety
inspector certificates issued, suspended, revoked, or refused renewal under Subsection (3)(c).
(5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
division shall make rules:
(a) setting minimum standards covering the design, construction, condition, and operation
of motor vehicle equipment for safely operating a motor vehicle on the highway;
(b) establishing motor vehicle safety inspection procedures to ensure a motor vehicle can be
operated safely;
(c) establishing safety inspection station building, equipment, and personnel requirements
necessary to qualify to perform safety inspections;
(d) establishing age, training, examination, and renewal requirements to qualify for a safety
inspector certificate;
(e) establishing program guidelines for a school district that elects to implement a safety
inspection apprenticeship program for high school students;
[(e)] (f) establishing requirements:
(i) designed to protect consumers from unwanted or unneeded repairs or adjustments;

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(ii) for maintaining safety inspection records;
(iii) for providing reports to the division; and
(iv) for maintaining and protecting safety inspection certificates;
[(f)] (g) establishing procedures for a motor vehicle that fails a safety inspection;
[(g)] (h) setting bonding amounts for safety inspection stations if bonds are required under
Subsection (3)(a); and
[(h)] (i) establishing procedures for a safety inspection station to follow if the station is going
out of business.
(6) The rules of the division:
(a) shall conform as nearly as practical to federal motor vehicle safety standards including
49 CFR 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety Standards 205; and
(b) may incorporate by reference, in whole or in part, the federal standards under Subsection
(6)(a) and nationally recognized and readily available standards and codes on motor vehicle safety.
Section 3. Section 53-8-205 is amended to read:
53-8-205. Safety inspection required -- Frequency of safety inspection -- Safety
inspection certificate required -- Out-of-state permits.
(1) (a) Except as provided in Subsection (1)(b), a person may not operate on a highway a
motor vehicle required to be registered in this state unless the motor vehicle has passed a safety
inspection.
(b) Subsection (1)(a) does not apply to:
(i) vehicles exempt from registration under Section 41-1a-205 ; and
(ii) off-highway vehicles.
(2) The frequency of the safety inspection shall be determined based on the age of the
vehicle determined by model year and shall [be required]:
(a) be required each year for a vehicle that is [five] eight or more years old on January 1; or
(b) every two years for each vehicle that is less than [five] eight years old on January 1 as
follows:
(i) in odd-numbered years for a vehicle with an odd-numbered model year; and

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(ii) in even-numbered years for a vehicle with an even-numbered model year;
(c) be made by a safety inspector certified by the division at a safety inspection station
authorized by the division;
(d) cover an inspection of the motor vehicle mechanism, brakes, and equipment to ensure
proper adjustment and condition as required by department rules; and
(e) include an inspection for the display of license plates in accordance with Section
41-1a-404 .
(3) A safety inspection station shall issue a safety inspection certificate to the owner of each
motor vehicle that passes a safety inspection under this section.
(4) The division may:
(a) authorize the acceptance in this state of a safety inspection certificate issued in another
state having a safety inspection law similar to this state; and
(b) extend the time within which a safety inspection certificate must be obtained by the
resident owner of a vehicle that was not in this state during the time a safety inspection was required.
Section 4. Section 53-8-206 is amended to read:
53-8-206. Safety inspection -- Station requirements -- Permits not transferable --
Certificate of inspection -- Fees -- Unused certificates -- Suspension or revocation of permits.
(1) The safety inspection required under Section 53-8-205 may only be performed:
(a) by a person certified by the division as a safety inspector; and
(b) at a safety inspection station with a valid safety inspection station permit issued by the
division.
(2) A safety inspection station permit may not be assigned or transferred or used at any
location other than a designated location, and every safety inspection station permit shall be posted
in a conspicuous place at the location designated.
(3) If required by the division, a record and report shall be made of every safety inspection
and every safety inspection certificate issued.
(4) A safety inspection station holding a safety inspection station permit issued by the
division may charge:

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(a) a fee as reimbursement for the safety inspection certificate fee as specified in Subsection
53-8-204 (1)(e); and
(b) a reasonable fee for labor in performing safety inspections, not to exceed:
(i) [$5] $7 or less for motorcycles;
(ii) unless Subsection (4)(b)(i) or (iii) applies, [$9] $15 or less for motor vehicles; or
(iii) [$12] $20 or less for 4-wheel drive, split axle, and any motor vehicles that necessitate
disassembly of front hub or removal of rear axle for inspection.
(5) A safety inspection station may return unused safety inspection certificates in a quantity
of ten or more and shall be reimbursed by the division for the cost of the safety inspection
certificates.
(6) (a) Upon receiving notice of the suspension or revocation of a safety inspection station
permit, the safety inspection station permit holder shall immediately terminate all safety inspection
activities and return all safety inspection certificates and the safety inspection station permit to the
division.
(b) The division shall issue a receipt for all unused safety inspection certificates.
Section 5. Effective date.
This act takes effect on January 1, 2003, except for Section 41-6-163.6 which takes effect
on July 1, 2003.

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