H.B. 16

1

REPEAL OF VEHICLE EQUIPMENT SAFETY
2 COMMISSION
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Neal B. Hendrickson
6
7 LONG TITLE
8 General Description:
9 This bill repeals the Vehicle Equipment Safety Commission.
10 Highlighted Provisions:
11 This bill:
12 . repeals the Vehicle Equipment Safety Commission; and
13 . makes technical changes.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 41-6-142, as enacted by Chapter 242, Laws of Utah 1979
21 REPEALS:
22 41-15-1, as enacted by Chapter 71, Laws of Utah 1963
23 41-15-2, as enacted by Chapter 71, Laws of Utah 1963
24 41-15-3, as last amended by Chapter 9, Laws of Utah 1975, First Special Session
25 41-15-4, as last amended by Chapter 120, Laws of Utah 1994
26 41-15-5, as enacted by Chapter 71, Laws of Utah 1963
27 41-15-6, as enacted by Chapter 71, Laws of Utah 1963

28 41-15-7, as enacted by Chapter 71, Laws of Utah 1963
29 41-15-8, as enacted by Chapter 71, Laws of Utah 1963
30 41-15-9, as last amended by Chapter 120, Laws of Utah 1994
31 41-15-10, as last amended by Chapter 120, Laws of Utah 1994
32 41-15-11, as last amended by Chapter 120, Laws of Utah 1994
33 41-15-12, as enacted by Chapter 71, Laws of Utah 1963
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 41-6-142 is amended to read:
37 41-6-142. Department to adopt standards for lights and other equipment --
38 Compliance with federal standards -- Trademark or brand name.
39 [(a)] (1) The department shall adopt standards for lamps, reflectors, hydraulic brake
40 fluids, seat belts, safety glass, emergency disablement warning devices, studded tires,
41 motorcyclist helmets, eye protection devices and red rear bicycle reflectors.
42 [(b)] (2) The department may adopt standards for safety equipment that must comply
43 with standards of the United States Department of Transportation.
44 [(c)] (3) All standards adopted under Subsections [(a)] (1) and [(b)] (2) shall conform,
45 insofar as possible, with standards issued by the United States Department of Transportation
46 and other federal agencies. If no federal standard is applicable, standards adopted by the
47 department may conform with standards issued or endorsed by any recognized organization or
48 agency such as, but not limited to, the [Vehicle Equipment Safety Commission,] American
49 National Standards Institute and Society of Automotive Engineers; provided, however, that
50 where any such standards adopted by the department either prohibit or require the sale or use of
51 any equipment, device, or system, not prohibited or required under any federal standard, such
52 standards shall only be adopted to abate a proven safety hazard caused by the use or lack of
53 such equipment, device, or system, on vehicles operated within the state [of Utah], and shall,
54 insofar as possible, be consistent with requirements adopted by other states.
55 [(d)] (4) The department may adopt standards by reference provided the department
56 makes copies of the standards available to any person requesting them.
57 [(e)] (5) Any equipment described in Section 41-6-141.5 or any package containing the
58 equipment shall bear the manufacturer's trademark or brand name unless it complies with

59 identification requirements of the United States Department of Transportation or other federal
60 agencies.
61 Section 2. Repealer.
62 This bill repeals:
63 Section 41-15-1, Ratification.
64 Section 41-15-2, Text of compact.
65 Section 41-15-3, Department of Transportation to promote public safety.
66 Section 41-15-4, Existing laws on equipment requirements -- When superseded.
67 Section 41-15-5, Legislative approval of rules of Vehicle Equipment Safety
68 Commission required.
69 Section 41-15-6, Appointment of commissioner on Vehicle Equipment Safety
70 Commission -- Designation and authority of alternate.
71 Section 41-15-7, Coverage of employees of Vehicle Equipment Safety Commission
72 under Public Employees Retirement System.
73 Section 41-15-8, Cooperation of departments, agencies and officers of state.
74 Section 41-15-9, Filing of documents with Department of Transportation.
75 Section 41-15-10, Submission of budgets to Department of Transportation.
76 Section 41-15-11, Inspection of accounts of Vehicle Equipment Safety Commission.
77 Section 41-15-12,"Executive head" defined.




Legislative Review Note
as of 12-7-04 8:43 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-07-04 2:10 PM

The Government Operations Interim Committee recommended this bill.