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H.B. 172 Enrolled






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
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      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
                      (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
                      (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
                      (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
                      (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
                      (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
                      (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
                      (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
                      (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
                      (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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