First Substitute H.B. 143

Representative Kenneth W. Sumsion proposes the following substitute bill:

1 VEHICLE TITLE, INSPECTION AND EMISSION
2 TESTING EXEMPTIONS AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kenneth W. Sumsion
6 Senate Sponsor: John L. Valentine
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending vehicle title, inspection and
11 emission testing provisions for certain vehicles.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . provides requirements for the certificate of title of a replica vehicle;
16 . includes street rod in the definition of a vintage vehicle;
17 . provides that a custom vehicle is exempt from the requirement of having a
18 certificate of emissions inspection as a condition of registration or renewal of
19 registration; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill takes effect on January 1, 2010.
25 Utah Code Sections Affected:

26 AMENDS:
27 41-1a-102, as last amended by Laws of Utah 2003, Chapter 1
28 41-1a-514, as last amended by Laws of Utah 1992, Chapter 218 and renumbered and
29 amended by Laws of Utah 1992, Chapter 1
30 41-6a-1507, as renumbered and amended by Laws of Utah 2005, Chapter 2
31 41-6a-1633, as renumbered and amended by Laws of Utah 2005, Chapter 2
32 41-6a-1642, as last amended by Laws of Utah 2008, Chapter 210
33 41-21-1, as last amended by Laws of Utah 1992, Chapter 218
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 41-1a-102 is amended to read:
37 41-1a-102. Definitions.
38 As used in this chapter:
39 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
40 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
41 vehicles as operated and certified to by a weighmaster.
42 (3) "Affidavit of Mobile Home Affixture" means the affidavit of affixture described in
43 Title 59, Chapter 2, Part 6, Mobile Homes.
44 (4) "All-terrain type I vehicle" has the same meaning provided in Section 41-22-2 .
45 (5) "All-terrain type II vehicle" has the same meaning provided in Section 41-22-2 .
46 (6) "Amateur radio operator" means any person licensed by the Federal
47 Communications Commission to engage in private and experimental two-way radio operation
48 on the amateur band radio frequencies.
49 (7) "Branded title" means a title certificate that is labeled:
50 (a) rebuilt and restored to operation;
51 (b) flooded and restored to operation; or
52 (c) not restored to operation.
53 (8) "Camper" means any structure designed, used, and maintained primarily to be
54 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
55 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
56 camping.

57 (9) "Certificate of title" means a document issued by a jurisdiction to establish a record
58 of ownership between an identified owner and the described vehicle, vessel, or outboard motor.
59 (10) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
60 weighmaster.
61 (11) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
62 maintained for the transportation of persons or property that operates:
63 (a) as a carrier for hire, compensation, or profit; or
64 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
65 owner's commercial enterprise.
66 (12) "Commission" means the State Tax Commission.
67 (13) "Dealer" means a person engaged or licensed to engage in the business of buying,
68 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
69 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
70 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
71 (14) "Division" means the Motor Vehicle Division of the commission, created in
72 Section 41-1a-106 .
73 (15) "Essential parts" means all integral and body parts of a vehicle of a type required
74 to be registered in this state, the removal, alteration, or substitution of which would tend to
75 conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of
76 operation.
77 (16) "Farm tractor" means every motor vehicle designed and used primarily as a farm
78 implement for drawing plows, mowing machines, and other implements of husbandry.
79 (17) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
80 his own use in the transportation of:
81 (i) farm products, including livestock and its products, poultry and its products,
82 floricultural and horticultural products;
83 (ii) farm supplies, including tile, fence, and every other thing or commodity used in
84 agricultural, floricultural, horticultural, livestock, and poultry production; and
85 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
86 other purposes connected with the operation of a farm.
87 (b) "Farm truck" does not include the operation of trucks by commercial processors of

88 agricultural products.
89 (18) "Fleet" means one or more commercial vehicles.
90 (19) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
91 this state from another state, territory, or country other than in the ordinary course of business
92 by or through a manufacturer or dealer, and not registered in this state.
93 (20) "Gross laden weight" means the actual weight of a vehicle or combination of
94 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
95 (21) "Highway" or "street" means the entire width between property lines of every way
96 or place of whatever nature when any part of it is open to the public, as a matter of right, for
97 purposes of vehicular traffic.
98 (22) (a) "Identification number" means the identifying number assigned by the
99 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
100 motor.
101 (b) "Identification number" includes a vehicle identification number, state assigned
102 identification number, hull identification number, and motor serial number.
103 (23) "Implement of husbandry" means every vehicle designed or adapted and used
104 exclusively for an agricultural operation and only incidentally operated or moved upon the
105 highways.
106 (24) (a) "In-state miles" means the total number of miles operated in this state during
107 the preceding year by fleet power units.
108 (b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
109 total number of miles that those vehicles were towed on Utah highways during the preceding
110 year.
111 (25) "Interstate vehicle" means any commercial vehicle operated in more than one
112 state, province, territory, or possession of the United States or foreign country.
113 (26) "Jurisdiction" means a state, district, province, political subdivision, territory, or
114 possession of the United States or any foreign country.
115 (27) "Lienholder" means a person with a security interest in particular property.
116 (28) "Manufactured home" means a transportable factory built housing unit constructed
117 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
118 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body

119 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
120 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
121 with or without a permanent foundation when connected to the required utilities, and includes
122 the plumbing, heating, air-conditioning, and electrical systems.
123 (29) "Manufacturer" means a person engaged in the business of constructing,
124 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
125 outboard motors for the purpose of sale or trade.
126 (30) "Mobile home" means a transportable factory built housing unit built prior to June
127 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
128 Manufactured Housing and Safety Standards Act (HUD Code).
129 (31) "Motorboat" has the same meaning as provided in Section 73-18-2 .
130 (32) "Motorcycle" means a motor vehicle having a saddle for the use of the rider and
131 designed to travel on not more than three wheels in contact with the ground.
132 (33) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
133 operation on the highways.
134 (b) "Motor vehicle" does not include an off-highway vehicle.
135 (34) (a) "Nonresident" means a person who is not a resident of this state as defined by
136 Section 41-1a-202 , and who does not engage in intrastate business within this state and does
137 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
138 (b) A person who engages in intrastate business within this state and operates in that
139 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
140 interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
141 considered a resident of this state, insofar as that vehicle is concerned in administering this
142 chapter.
143 (35) "Odometer" means a device for measuring and recording the actual distance a
144 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
145 periodically reset.
146 (36) "Off-highway implement of husbandry" has the same meaning as provided in
147 Section 41-22-2 .
148 (37) "Off-highway vehicle" has the same meaning as provided in Section 41-22-2 .
149 (38) "Operate" means to drive or be in actual physical control of a vehicle or to

150 navigate a vessel.
151 (39) "Outboard motor" means a detachable self-contained propulsion unit, excluding
152 fuel supply, used to propel a vessel.
153 (40) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
154 vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
155 security interest.
156 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
157 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
158 stated in the agreement and with an immediate right of possession vested in the conditional
159 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
160 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
161 chapter.
162 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
163 owner until the lessee exercises his option to purchase the vehicle.
164 (41) "Personalized license plate" means a license plate that has displayed on it a
165 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
166 to the vehicle by the division.
167 (42) (a) "Pickup truck" means a two-axle motor vehicle with motive power
168 manufactured, remanufactured, or materially altered to provide an open cargo area.
169 (b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
170 camper, camper shell, tarp, removable top, or similar structure.
171 (43) "Pneumatic tire" means every tire in which compressed air is designed to support
172 the load.
173 (44) "Preceding year" means a period of 12 consecutive months fixed by the division
174 that is within 16 months immediately preceding the commencement of the registration or
175 license year in which proportional registration is sought. The division in fixing the period shall
176 conform it to the terms, conditions, and requirements of any applicable agreement or
177 arrangement for the proportional registration of vehicles.
178 (45) "Public garage" means every building or other place where vehicles or vessels are
179 kept and stored and where a charge is made for the storage and keeping of vehicles and vessels.
180 (46) "Reconstructed vehicle" means every vehicle of a type required to be registered in

181 this state that is materially altered from its original construction by the removal, addition, or
182 substitution of essential parts, new or used.
183 (47) "Recreational vehicle" has the same meaning as provided in Section 13-14-102 .
184 (48) "Registration" means a document issued by a jurisdiction that allows operation of
185 a vehicle or vessel on the highways or waters of this state for the time period for which the
186 registration is valid and that is evidence of compliance with the registration requirements of the
187 jurisdiction.
188 (49) (a) "Registration year" means a 12 consecutive month period commencing with
189 the completion of all applicable registration criteria.
190 (b) For administration of a multistate agreement for proportional registration the
191 division may prescribe a different 12-month period.
192 (50) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
193 motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
194 or outboard motor, or by correcting the inoperative part.
195 (51) "Replica vehicle" means:
196 (a) a street rod that meets the requirements under Subsection 41-21-1 (1)(a)(i)(B); or
197 (b) a custom vehicle that meets the requirements under Subsection
198 41-6a-1507 (1)(a)(i)(B).
199 [(51)] (52) "Road tractor" means every motor vehicle designed and used for drawing
200 other vehicles and constructed so it does not carry any load either independently or any part of
201 the weight of a vehicle or load that is drawn.
202 [(52)] (53) "Sailboat" has the same meaning as provided in Section 73-18-2 .
203 [(53)] (54) "Security interest" means an interest that is reserved or created by a security
204 agreement to secure the payment or performance of an obligation and that is valid against third
205 parties.
206 [(54)] (55) "Semitrailer" means every vehicle without motive power designed for
207 carrying persons or property and for being drawn by a motor vehicle and constructed so that
208 some part of its weight and its load rests or is carried by another vehicle.
209 [(55)] (56) "Special group license plate" means a type of license plate designed for a
210 particular group of people or a license plate authorized and issued by the division in accordance
211 with Section 41-1a-418 .

212 [(56)] (57) (a) "Special interest vehicle" means a vehicle used for general
213 transportation purposes and that is:
214 (i) 20 years or older from the current year; or
215 (ii) a make or model of motor vehicle recognized by the division director as having
216 unique interest or historic value.
217 (b) In making his determination under Subsection [(56)] (57)(a), the division director
218 shall give special consideration to:
219 (i) a make of motor vehicle that is no longer manufactured;
220 (ii) a make or model of motor vehicle produced in limited or token quantities;
221 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
222 designed exclusively for educational purposes or museum display; or
223 (iv) a motor vehicle of any age or make that has not been substantially altered or
224 modified from original specifications of the manufacturer and because of its significance is
225 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
226 leisure pursuit.
227 [(57)] (58) (a) "Special mobile equipment" means every vehicle:
228 (i) not designed or used primarily for the transportation of persons or property;
229 (ii) not designed to operate in traffic; and
230 (iii) only incidentally operated or moved over the highways.
231 (b) "Special mobile equipment" includes:
232 (i) farm tractors;
233 (ii) off-road motorized construction or maintenance equipment including backhoes,
234 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
235 (iii) ditch-digging apparatus.
236 (c) "Special mobile equipment" does not include a commercial vehicle as defined
237 under Section 72-9-102 .
238 [(58)] (59) "Specially constructed vehicle" means every vehicle of a type required to be
239 registered in this state, not originally constructed under a distinctive name, make, model, or
240 type by a generally recognized manufacturer of vehicles, and not materially altered from its
241 original construction.
242 [(59)] (60) "Title" means the right to or ownership of a vehicle, vessel, or outboard

243 motor.
244 [(60)] (61) (a) "Total fleet miles" means the total number of miles operated in all
245 jurisdictions during the preceding year by power units.
246 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
247 the number of miles that those vehicles were towed on the highways of all jurisdictions during
248 the preceding year.
249 [(61)] (62) "Trailer" means a vehicle without motive power designed for carrying
250 persons or property and for being drawn by a motor vehicle and constructed so that no part of
251 its weight rests upon the towing vehicle.
252 [(62)] (63) "Transferee" means a person to whom the ownership of property is
253 conveyed by sale, gift, or any other means except by the creation of a security interest.
254 [(63)] (64) "Transferor" means a person who transfers his ownership in property by
255 sale, gift, or any other means except by creation of a security interest.
256 [(64)] (65) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
257 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
258 vacation use that does not require a special highway movement permit when drawn by a
259 self-propelled motor vehicle.
260 [(65)] (66) "Truck tractor" means a motor vehicle designed and used primarily for
261 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
262 vehicle and load that is drawn.
263 [(66)] (67) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
264 manufactured home, and mobile home.
265 [(67)] (68) "Vessel" has the same meaning as provided in Section 73-18-2 .
266 [(68)] (69) "Vintage vehicle" has the same meaning as provided in Section 41-21-1 .
267 [(69)] (70) "Waters of this state" has the same meaning as provided in Section 73-18-2 .
268 [(70)] (71) "Weighmaster" means a person, association of persons, or corporation
269 permitted to weigh vehicles under this chapter.
270 Section 2. Section 41-1a-514 is amended to read:
271 41-1a-514. Certificate of title -- Contents.
272 (1) The division upon approving an application for a certificate of title shall issue a
273 certificate of title. The face of the certificate of title shall include:

274 (a) the date issued;
275 (b) the name and address of the owner;
276 (c) a description of the vehicle, vessel, or outboard motor titled, including the year,
277 make, and identification number;
278 (d) a statement of the owner's title and of one lien or encumbrance, if any, upon the
279 vehicle, vessel, or outboard motor;
280 (e) any brand on the title; and
281 (f) an odometer statement, if applicable.
282 (2) The certificate of title shall bear the seal of the division.
283 (3) The certificate of title shall contain adequate space for:
284 (a) the assignment and warranty of title or interest by the owner;
285 (b) the release of interest by a recorded lien holder; and
286 (c) the notation of one lien or encumbrance, if any, existing at the time of transfer.
287 (4) The model year that is listed on the certificate of title of a replica vehicle shall be
288 the model year that the body of the vehicle resembles.
289 (5) The certificate of title of a replica vehicle shall indicate that the vehicle is a replica
290 vehicle.
291 Section 3. Section 41-6a-1507 is amended to read:
292 41-6a-1507. Custom vehicles -- Defined -- Compliance with all laws and
293 standards -- Exceptions -- Revocation -- Signed statement required.
294 (1) (a) As used in this section, ["replica] "custom vehicle" means a motor vehicle that:
295 (i) (A) is at least 25 years old and of a model year after 1948; or
296 [(i) with a body that is or resembles the body of a motor vehicle with a model year
297 prior to 1975; and]
298 [(ii) that may have a significant drive train or equipment upgrade.]
299 [(b) A replica vehicle is for occasional pleasure rides and is not used for general daily
300 transportation.]
301 [(c) A replica vehicle does not include a vintage vehicle as defined in Section 41-21-1 ,
302 nor a special interest vehicle as defined in Section 41-1a-102 .]
303 (B) (I) was manufactured to resemble a vehicle that is at least 25 years old and of a
304 model year after 1948; and

305 (II) (Aa) has been altered from the manufacturers original design; or
306 (Bb) has a body constructed of non-original materials; and
307 (ii) is primarily a collector's item that is used for:
308 (A) club activities;
309 (B) exhibitions;
310 (C) tours;
311 (D) parades;
312 (E) occasional transportation; and
313 (F) other similar uses.
314 (b) A custom vehicle does not include:
315 (i) a motor vehicle that is used for general, daily transportation;
316 (ii) a vintage vehicle as defined in Section 41-21-1 ; or
317 (iii) a special interest vehicle as defined in Section 41-1a-102 .
318 (2) Except as specified under this section, a [replica] custom vehicle shall meet all
319 safety, [emissions,] registration, insurance, fees, and taxes required under this title.
320 (3) (a) Except as provided in Subsection (3)(b), all safety equipment of a [replica]
321 custom vehicle shall at least meet the safety standards applicable to the model year of the
322 vehicle being replicated. Any replacement equipment shall comply with the design standards
323 of the replacement equipment's manufacture.
324 (b) A [replica] custom vehicle shall comply with current vehicle brake and stopping
325 standards.
326 [(c) A replica vehicle shall comply with emissions standards applicable to the model
327 year of the engine of the replica vehicle.]
328 (4) A custom vehicle is exempt from motor vehicle emissions inspection and
329 maintenance program requirements under Section 41-6a-1642 .
330 [(4)] (5) The tax commission may revoke or deny the registration of a [replica] custom
331 vehicle for failure to comply with this section.
332 [(5)] (6) The owner of a [replica] custom vehicle shall provide a signed statement
333 certifying that the [replica] custom vehicle is owned and operated for the purposes enumerated
334 in this section to the safety inspection [and emissions inspection] station in order to qualify for
335 the exceptions provided under this section.

336 Section 4. Section 41-6a-1633 is amended to read:
337 41-6a-1633. Mudguards or flaps at rear wheels of trucks, trailers, truck tractors,
338 or altered motor vehicles -- Exemptions.
339 (1) (a) Except as provided in Subsection (2), when operated on a highway, the
340 following vehicles shall be equipped with wheel covers, mudguards, flaps, or splash aprons
341 behind the rearmost wheels to prevent, as far as practicable, the wheels from throwing dirt,
342 water, or other materials on other vehicles:
343 (i) a vehicle that has been altered:
344 (A) from the original manufacturer's frame height; or
345 (B) in any other manner so that the motor vehicle's wheels may throw dirt, water, or
346 other materials on other vehicles;
347 (ii) any truck with a gross vehicle weight rating of 10,500 pounds or more;
348 (iii) any truck tractor; and
349 (iv) any trailer or semitrailer with an unladen weight of 750 pounds or more.
350 (b) The wheel covers, mudguards, flaps, or splash aprons shall:
351 (i) be at least as wide as the tires they are protecting;
352 (ii) be directly in line with the tires; and
353 (iii) have a ground clearance of not more than 50% of the diameter of a rear-axle
354 wheel, under any conditions of loading of the motor vehicle.
355 (2) Wheel covers, mudguards, flaps, or splash aprons are not required:
356 (a) if the motor vehicle, trailer, or semitrailer is designed and constructed so that the
357 requirements of Subsection (1) are accomplished by means of fenders, body construction, or
358 other means of enclosure; or
359 (b) on a vehicle operated or driven during fair weather on well-maintained,
360 hard-surfaced roads if the motor vehicle:
361 (i) was made in America prior to 1935;
362 (ii) is registered as a vintage vehicle; or
363 (iii) is a [replica] custom vehicle as defined under Section 41-6a-1507 .
364 (3) Except as provided in Subsection (2)(b), rear wheels not covered at the top by
365 fenders, bodies, or other parts of the vehicle shall be covered at the top by protective means
366 extending rearward at least to the center line of the rearmost axle.

367 Section 5. Section 41-6a-1642 is amended to read:
368 41-6a-1642. Emissions inspection -- County program.
369 (1) The legislative body of each county required under federal law to utilize a motor
370 vehicle emissions inspection and maintenance program or in which an emissions inspection
371 and maintenance program is necessary to attain or maintain any national ambient air quality
372 standard shall require:
373 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
374 is exempt from emissions inspection and maintenance program requirements be presented:
375 (i) as a condition of registration or renewal of registration; and
376 (ii) at other times as the county legislative body may require to enforce inspection
377 requirements for individual motor vehicles, except that the county legislative body may not
378 routinely require a certificate of emission inspection, or waiver of the certificate, more often
379 than required under Subsection (6); and
380 (b) compliance with this section for a motor vehicle registered or principally operated
381 in the county and owned by or being used by a department, division, instrumentality, agency, or
382 employee of:
383 (i) the federal government;
384 (ii) the state and any of its agencies; or
385 (iii) a political subdivision of the state, including school districts.
386 (2) (a) The legislative body of a county identified in Subsection (1), in consultation
387 with the Air Quality Board created under Section 19-1-106 , shall make regulations or
388 ordinances regarding:
389 (i) emissions standards;
390 (ii) test procedures;
391 (iii) inspections stations;
392 (iv) repair requirements and dollar limits for correction of deficiencies; and
393 (v) certificates of emissions inspections.
394 (b) The regulations or ordinances shall:
395 (i) be made to attain or maintain ambient air quality standards in the county, consistent
396 with the state implementation plan and federal requirements; and
397 (ii) may allow for a phase-in of the program by geographical area.

398 (c) The county legislative body and the Air Quality Board shall give preference to an
399 inspection and maintenance program that is:
400 (i) decentralized, to the extent the decentralized program will attain and maintain
401 ambient air quality standards and meet federal requirements;
402 (ii) the most cost effective means to achieve and maintain the maximum benefit with
403 regard to ambient air quality standards and to meet federal air quality requirements as related to
404 vehicle emissions; and
405 (iii) providing a reasonable phase-out period for replacement of air pollution emission
406 testing equipment made obsolete by the program.
407 (d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
408 (i) may be accomplished in accordance with applicable federal requirements; and
409 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
410 quality standards.
411 (3) The following vehicles are exempt from the provisions of this section:
412 (a) an implement of husbandry;
413 (b) a motor vehicle that:
414 (i) meets the definition of a farm truck under Section 41-1a-102 ; and
415 (ii) has a gross vehicle weight rating of 12,001 pounds or more; [and]
416 (c) a vintage vehicle as defined in Section 41-21-1 [.]; and
417 (d) a custom vehicle as defined in Section 41-6a-1507 .
418 (4) (a) The legislative body of a county identified in Subsection (1) shall exempt a
419 pickup truck, as defined in Section 41-1a-102 , with a gross vehicle weight of 12,000 pounds or
420 less from the emission inspection requirements of this section, if the registered owner of the
421 pickup truck provides a signed statement to the legislative body stating the truck is used:
422 (i) by the owner or operator of a farm located on property that qualifies as land in
423 agricultural use under Sections 59-2-502 and 59-2-503 ; and
424 (ii) exclusively for the following purposes in operating the farm:
425 (A) for the transportation of farm products, including livestock and its products,
426 poultry and its products, floricultural and horticultural products; and
427 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
428 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production

429 and maintenance.
430 (b) The county shall provide to the registered owner who signs and submits a signed
431 statement under this section a certificate of exemption from emission inspection requirements
432 for purposes of registering the exempt vehicle.
433 (5) (a) Subject to Subsection (5)(c), the legislative body of each county required under
434 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
435 which an emissions inspection and maintenance program is necessary to attain or maintain any
436 national ambient air quality standard may require each college or university located in a county
437 subject to this section to require its students and employees who park a motor vehicle not
438 registered in a county subject to this section to provide proof of compliance with an emissions
439 inspection accepted by the county legislative body if the motor vehicle is parked on the college
440 or university campus or property.
441 (b) College or university parking areas that are metered or for which payment is
442 required per use are not subject to the requirements of this Subsection (5).
443 (c) The legislative body of a county shall make the reasons for implementing the
444 provisions of this Subsection (5) part of the record at the time that the county legislative body
445 takes its official action to implement the provisions of this Subsection (5).
446 (6) (a) An emissions inspection station shall issue a certificate of emissions inspection
447 for each motor vehicle that meets the inspection and maintenance program requirements
448 established in rules made under Subsection (2).
449 (b) The frequency of the emissions inspection shall be determined based on the age of
450 the vehicle as determined by model year and shall be required annually subject to the
451 provisions of Subsection (6)(c).
452 (c) (i) To the extent allowed under the current federally approved state implementation
453 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
454 body of a county identified in Subsection (1) shall only require the emissions inspection every
455 two years for each vehicle.
456 (ii) The provisions of Subsection (6)(c)(i) apply only to a vehicle that is less than six
457 years old on January 1.
458 (d) If an emissions inspection is only required every two years for a vehicle under
459 Subsection (6)(c), the inspection shall be required for the vehicle in:

460 (i) odd-numbered years for vehicles with odd-numbered model years; or
461 (ii) in even-numbered years for vehicles with even-numbered model years.
462 (7) The emissions inspection shall be required within the same time limit applicable to
463 a safety inspection under Section 41-1a-205 .
464 (8) (a) A county identified in Subsection (1) shall collect information about and
465 monitor the program.
466 (b) A county identified in Subsection (1) shall supply this information to an appropriate
467 legislative committee, as designated by the Legislative Management Committee, at times
468 determined by the designated committee to identify program needs, including funding needs.
469 (9) If approved by the county legislative body, a county that had an established
470 emissions inspection fee as of January 1, 2002, may increase the established fee that an
471 emissions inspection station may charge by $2.50 for each year that is exempted from
472 emissions inspections under Subsection (6)(c) up to a $7.50 increase.
473 Section 6. Section 41-21-1 is amended to read:
474 41-21-1. Street rod and vintage vehicle defined.
475 (1) (a) "Street rod" means a motor vehicle that:
476 (i) (A) was manufactured in 1948 or before; or
477 (B) (I) was manufactured after 1948 to resemble a vehicle that was manufactured in
478 1948 or before; and
479 (II) (Aa) has been altered from the manufacturer's original design; or
480 (Bb) has a body constructed from non-original materials; and
481 (ii) is primarily a collector's item that is used for:
482 (A) club activities;
483 (B) exhibitions;
484 (C) tours;
485 (D) parades;
486 (E) occasional transportation; and
487 (F) other similar uses.
488 (b) A street rod does not include a motor vehicle that is used for general, daily
489 transportation.
490 (2) (a) "Vintage vehicle" means a motor vehicle that is 40 years old or older, from the

491 current year, primarily a collector's item, and used for participation in club activities,
492 exhibitions, tours, parades, occasional transportation, and similar uses, but that is not used for
493 general daily transportation.
494 (b) "Vintage vehicle" includes a street rod.
495 Section 7. Effective date.
496 This bill takes effect on January 1, 2010.