S.B. 21

1

MOTOR VEHICLE REGISTRATION
2 AMENDMENTS
3 2002 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David H. Steele
6 This act modifies the Motor Vehicle Code to allow a court to require proof of proper vehicle
7 registration as part of any sentence imposed for a violation of certain vehicle registration
8 requirements.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 41-1a-1303, as last amended by Chapter 269, Laws of Utah 1997
12 41-1a-1307, as renumbered and amended by Chapter 1, Laws of Utah 1992
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 41-1a-1303 is amended to read:
15 41-1a-1303. Driving without registration or certificate of title -- Class B or C
16 misdemeanor.
17 (1) (a) Except as provided in Subsection [(3)] (2) or Section 41-1a-211 , [it is a class C
18 misdemeanor for] a person [to] may not drive or move, or [for] an owner may not knowingly [to]
19 permit to be driven or moved upon any highway any vehicle of a type required to be registered in
20 this state:
21 [(a)] (i) that is not properly registered or for which a certificate of title has not been issued
22 or applied for; or
23 [(b)] (ii) for which the required fee has not been paid.
24 (b) A violation of this Subsection (1) is a class C misdemeanor.
25 [(2) (a) Until September 30, 1997, and except as provided in Subsection (2)(b), a violation
26 of Subsection 41-1a-202 (3), related to registration of vehicles after establishing residency, has a
27 minimum fine of $200.]

28 [(b) A court may not dismiss an action brought for a violation of Subsection 41-1a-202 (3)
29 merely because the defendant has obtained the appropriate registration subsequent to violating the
30 section. Until September 30, 1997, the court may, however, reduce the fine to $50 if the violator
31 presents evidence of current registration at the time of his hearing.]
32 [(3)] (2) (a) [Beginning October 1, 1997, a] A violation of Subsection 41-1a-202 (3),
33 related to registration of vehicles after establishing residency, is a class B misdemeanor and except
34 as provided in Subsection [(3)] (2)(b), has a minimum fine of $1000.
35 (b) A court may not dismiss an action brought for a violation of Subsection 41-1a-202 (3)
36 merely because the defendant has obtained the appropriate registration subsequent to violating the
37 section. [Beginning October 1, 1997, the] The court may, however, reduce the fine to $200 if the
38 violator presents evidence at the time of his hearing that:
39 (i) the vehicle is currently registered properly; and
40 (ii) the violation has not existed for more than one year.
41 (3) A court may require proof of proper motor vehicle registration as part of any sentence
42 imposed under this section.
43 Section 2. Section 41-1a-1307 is amended to read:
44 41-1a-1307. Operation of motor vehicles, trailers, or semitrailers without payment
45 of fees -- Class C misdemeanor.
46 (1) It is a class C misdemeanor for a person to operate a motor vehicle, trailer, or
47 semitrailer upon the highways without having paid the title and registration or transfer fees and
48 taxes required by law.
49 (2) In addition to any other penalty, the owner of a motor vehicle, trailer, or semitrailer
50 operated in violation of this section shall pay a penalty equal to title and registration fees in
51 addition to any other fee required under this chapter.
52 (3) A court may require proof of proper vehicle registration as part of any sentence
53 imposed under this section.

Legislative Review Note
as of 11-14-01 5:39 PM

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

Office of Legislative Research and General Counsel

Committee Note

The Transportation Interim Committee recommended this bill.