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Third Substitute H.B. 298
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the motor vehicle safety inspections.
10 Highlighted Provisions:
11 This bill:
12 . provides that if a title of a used motor vehicle is being transferred, a safety
13 inspection issued for the motor vehicle during the previous 11 months may be used
14 to satisfy the safety inspection requirement;
15 . reduces the frequency of the requirement that an owner of certain vehicles is
16 required to obtain a safety inspection certificate prior to registering the vehicle;
17 . increases the registration fee for motor vehicles and motorcycles to offset the
18 reduced revenues from the repeal of the safety inspection certificate fee;
19 . provides that a portion of the revenues from the increased motor vehicle and
20 motorcycle registration fees shall be:
21 . deposited in the Public Safety Restricted Account; and
22 . used to pay a portion of the costs to employ highway patrol officers to police or
23 patrol the highways within this state; and
24 . makes conforming changes.
25 Money Appropriated in this Bill:
26 This bill appropriates:
27 . $882,000 from the General Fund to the Utah Highway Patrol for six new highway
28 patrol officers;
29 . $315,000 from the Transportation Fund Restricted - Department of Public Safety
30 Account for seven additional highway patrol officers beginning January 1, 2013;
32 . $630,000 from the Highway Patrol - Safety Inspections program to the Highway
33 Patrol Field Operations program putting seven more officers in the field.
34 Other Special Clauses:
35 This bill provides an effective date.
36 Utah Code Sections Affected:
38 41-1a-205, as last amended by Laws of Utah 2008, Chapters 36 and 210
39 41-1a-1201, as last amended by Laws of Utah 2011, Chapters 189 and 268
40 41-1a-1206, as last amended by Laws of Utah 2011, Chapter 268
41 41-3-303, as last amended by Laws of Utah 2005, Chapter 2
42 53-3-106, as last amended by Laws of Utah 2011, Chapter 428
43 53-8-204, as last amended by Laws of Utah 2009, Chapter 183
44 53-8-205, as last amended by Laws of Utah 2009, Chapters 155 and 311
45 53-8-206, as last amended by Laws of Utah 2009, Chapter 311
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 41-1a-205 is amended to read:
49 41-1a-205. Safety inspection certificate required for renewal or registration of
50 motor vehicle -- Exemptions.
51 (1) If required in the current year, a safety inspection certificate, as required by Section
52 53-8-205 , or proof of exemption from safety inspection shall be presented at the time of, and as
53 a condition of, registration or renewal of registration of a motor vehicle.
54 (2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
55 required under this section may be made no more than two months prior to the renewal of
57 (b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
58 certificate issued for the motor vehicle during the previous [
59 satisfy the requirement under Subsection (1).
60 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
61 inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
62 dealer's name during the previous [
63 Subsection (1).
64 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
65 safety inspection certificate issued during the previous [
66 the requirement under Subsection (1).
67 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
68 required under this section may be made no more than 11 months prior to the renewal of
70 (3) (a) The following motor vehicles are exempt from this section:
71 (i) except as provided in Subsection (3)(b), a new motor vehicle when registered the
72 first time, if:
73 (A) a new car predelivery inspection has been made by a dealer;
74 (B) the dealer provides a written disclosure statement listing any known deficiency,
75 existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
76 to fail a safety inspection given in accordance with Section 53-8-205 ; and
77 (C) the buyer signs the disclosure statement to acknowledge that the buyer has read and
78 understands the listed deficiencies;
79 (ii) a motor vehicle required to be registered under this chapter that bears a dealer plate
80 or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except
81 that if the motor vehicle is propelled by its own power and is not being moved for repair or
82 dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding safe
83 mechanical condition; and
84 (iii) a vintage vehicle as defined in Section 41-21-1 .
85 (b) A street-legal all-terrain vehicle registered in accordance with Section 41-6a-1509
86 is subject to a safety inspection the first time that a person registers an off-highway vehicle as a
87 street-legal all-terrain vehicle.
88 (4) (a) A safety inspection certificate shall be displayed on:
89 (i) all registered commercial motor vehicles with a gross vehicle weight rating of
90 26,000 pounds or more;
91 (ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
92 multiple axles;
93 (iii) a combination unit; and
94 (iv) a bus or van for hire.
95 (b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
96 Subsection (1).
97 (5) A motor vehicle may be sold and the title assigned to the new owner without a
98 valid safety inspection, but the motor vehicle may not be registered in the new owner's name
99 until the motor vehicle complies with this section.
100 Section 2. Section 41-1a-1201 is amended to read:
101 41-1a-1201. Disposition of fees.
102 (1) All fees received and collected under this part shall be transmitted daily to the state
104 (2) Except as provided in Subsections (3), (6), [
105 41-1a-422 , 41-1a-1220 , 41-1a-1221 , and 41-1a-1223 all fees collected under this part shall be
106 deposited in the Transportation Fund.
107 (3) Funds generated under Subsections 41-1a-1211 (1)(b)(ii), (6)(b)(ii), and (7) and
108 Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
109 license plates under Part 4, License Plates and Registration Indicia.
110 (4) In accordance with Section 63J-1-602.2 , all funds available to the commission for
111 the purchase and distribution of license plates and decals are nonlapsing.
112 (5) Except as provided in Subsection (3) and Section 41-1a-1205 , the expenses of the
113 commission in enforcing and administering this part shall be provided for by legislative
114 appropriation from the revenues of the Transportation Fund.
115 (6) (a) Except as provided in Subsection (6)(b), the following portions of the
116 registration fees imposed under Section 41-1a-1206 for each vehicle shall be deposited in the
117 Centennial Highway Fund Restricted Account created under Section 72-2-118 :
118 (i) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b),
119 (1)(f), (2), and (5);
120 (ii) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i),
121 (1)(c)(ii), and (1)(d)(ii);
122 (iii) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
123 (iv) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
124 (v) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
125 (b) When the highway general obligation bonds have been paid off and the highway
126 projects completed that are intended to be paid from revenues deposited in the Centennial
127 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
128 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under
129 Subsection (6)(a) for each vehicle shall be deposited in the Transportation Investment Fund of
130 2005 created by Section 72-2-124 .
131 (7) The following portions of the registration fees imposed under Section 41-1a-1206
132 for each vehicle shall be deposited in the Transportation Investment Fund of 2005 created by
133 Section 72-2-124 :
134 (a) $20 of each registration fee collected under Subsections 41-1a-1206 (1)(a), (1)(b),
135 (1)(c), (1)(d)(i), (1)(e)(i), (1)(f), (2)(a), and (5); and
136 (b) 50 cents of each registration fee collected under Subsection 41-1a-1206 (1)(e)(ii).
137 (8) Ninety-four cents of each registration fee imposed under Subsections
138 41-1a-1206 (1)(a) and (b) for each vehicle shall be deposited in the Public Safety Restricted
139 Account created in Section 53-3-106 .
140 Section 3. Section 41-1a-1206 is amended to read:
141 41-1a-1206. Registration fees -- Fees by gross laden weight.
142 (1) Except as provided in Subsection (2), at the time application is made for
143 registration or renewal of registration of a vehicle or combination of vehicles under this
144 chapter, a registration fee shall be paid to the division as follows:
145 (a) [
146 (b) [
147 excluding motorcycles;
148 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
149 or is registered under Section 41-1a-301 :
150 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
151 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
152 gross unladen weight;
153 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
154 gross laden weight; plus
155 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
156 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
157 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
158 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
159 (f) $45 for each vintage vehicle that is less than 40 years old.
160 (2) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
162 (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
163 registration fees under Subsection (1).
164 (c) A vehicle with a Purple Heart special group license plate issued in accordance with
165 Section 41-1a-421 is exempt from the registration fees under Subsection (1).
166 (3) If a motor vehicle is operated in combination with a semitrailer or trailer, each
167 motor vehicle shall register for the total gross laden weight of all units of the combination if the
168 total gross laden weight of the combination exceeds 12,000 pounds.
169 (4) (a) Registration fee categories under this section are based on the gross laden
170 weight declared in the licensee's application for registration.
171 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
172 of 2,000 pounds is a full unit.
173 (5) The owner of a commercial trailer or commercial semitrailer may, as an alternative
174 to registering under Subsection (1)(c), apply for and obtain a special registration and license
175 plate for a fee of $130.
176 (6) Except as provided in Section 41-6a-1642 , a truck may not be registered as a farm
177 truck unless:
178 (a) the truck meets the definition of a farm truck under Section 41-1a-102 ; and
179 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
180 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
181 submits to the division a certificate of emissions inspection or a waiver in compliance with
182 Section 41-6a-1642 .
183 (7) A violation of Subsection (6) is a class B misdemeanor that shall be punished by a
184 fine of not less than $200.
185 (8) Trucks used exclusively to pump cement, bore wells, or perform crane services
186 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
187 required for those vehicles under this section.
188 Section 4. Section 41-3-303 is amended to read:
189 41-3-303. Temporary permits -- Inspections required before issuance.
190 (1) A dealer licensed in accordance with this chapter may not issue a temporary permit
191 under Section 41-3-302 unless:
192 (a) (i) the motor vehicle for which the temporary permit is issued has received and
193 passed the safety inspection if required [
194 the previous six months;
195 (ii) the safety inspection certificate was issued in the name of a licensed and bonded
196 dealer; and
197 (iii) a copy of the safety inspection certificate is given to the customer; and
198 (b) the motor vehicle passed the emission inspection test required by Section
199 41-6a-1642 .
200 (2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without a
201 safety inspection certificate if the motor vehicle complies with the safety inspection as
202 provided in Section 41-1a-205 .
203 (3) Notwithstanding Subsection (1)(b), a dealer may issue a temporary permit without
204 proof of an emission inspection if:
205 (a) the motor vehicle is exempt from emission inspection as provided in Section
206 41-6a-1642 ;
207 (b) the purchaser is a resident of a county that does not require emission inspections; or
208 (c) the motor vehicle is otherwise exempt from emission inspections.
209 (4) Notwithstanding Subsection (1), a dealer may sell a motor vehicle as is without
210 having it safety or emission inspected provided that no temporary permit is issued.
211 Section 5. Section 53-3-106 is amended to read:
212 53-3-106. Disposition of revenues under this chapter -- Restricted account created
213 -- Uses as provided by appropriation -- Nonlapsing.
214 (1) There is created within the Transportation Fund a restricted account known as the
215 "Department of Public Safety Restricted Account."
216 (2) The account consists of money generated from the following revenue sources:
217 (a) all money received under this chapter;
218 (b) administrative fees received according to the fee schedule authorized under this
219 chapter and Section 63J-1-504 ; [
220 (c) moneys received in accordance with Section 41-1a-1201 ; and
222 (3) (a) The account shall earn interest.
223 (b) All interest earned on account money shall be deposited in the account.
224 (4) The expenses of the department in carrying out this chapter shall be provided for by
225 legislative appropriation from this account.
226 (5) The amount in excess of $45 of the fees collected under Subsection 53-3-105 (24)
227 shall be appropriated by the Legislature from this account to the department to implement the
228 provisions of Section 53-1-117 , except that of the amount in excess of $45, $40 shall be
229 deposited in the State Laboratory Drug Testing Account created in Section 26-1-34 .
230 (6) All money received under Subsection 41-6a-1406 (6)(b)(ii) shall be appropriated by
231 the Legislature from this account to the department to implement the provisions of Section
232 53-1-117 .
233 (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
234 annually from the account to the state medical examiner appointed under Section 26-4-4 for
235 use in carrying out duties related to highway crash deaths under Subsection 26-4-7 (1).
236 (8) The division shall remit the fees collected under Subsection 53-3-105 (28) to the
237 Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
238 Identification provides under Section 53-3-205.5 .
239 (9) Appropriations to the department from the account are nonlapsing.
240 Section 6. Section 53-8-204 is amended to read:
241 53-8-204. Division duties -- Official inspection stations -- Permits -- Fees --
242 Suspension or revocation -- Utah-based interstate commercial motor carriers.
243 (1) The division shall:
244 (a) conduct examinations of every safety inspection station permit applicant and safety
245 inspector certificate applicant to determine whether the applicant is properly equipped and
246 qualified to make safety inspections;
247 (b) issue safety inspection station permits and safety inspector certificates to qualified
249 (c) establish application, renewal, and reapplication fees in accordance with Section
250 63J-1-504 for safety inspection station permits and safety inspector certificates;
251 (d) provide instructions and all necessary forms, including safety inspection
252 certificates, to safety inspection stations for the inspection of motor vehicles and the issuance
253 of the safety inspection certificates;
258 and standards and distribute them to all safety inspection stations and provide updates to the
259 compiled laws, rules, instructions, and standards as needed;
261 compiling and publishing the safety inspection laws, rules, instructions, and standards and any
262 updates; and
264 (2) (a) [
266 Highway Patrol incurred under Subsection (1)[
268 deposited in the Transportation Fund.
276 (3) The division may:
277 (a) before issuing a safety inspection permit, require an applicant, other than a fleet
278 station or government station, to file a bond that will provide a guarantee that the applicant
279 safety inspection station will make compensation for any damage to a motor vehicle during an
280 inspection or adjustment due to negligence on the part of an applicant or the applicant's
282 (b) establish procedures governing the issuance of safety inspection certificates to
283 Utah-based interstate commercial motor carriers;
284 (c) suspend, revoke, or refuse renewal of any safety inspection station permit issued
285 when the division finds that the safety inspection station is not:
286 (i) properly equipped; or
287 (ii) complying with rules made by the division; and
288 (d) suspend, revoke, or refuse renewal of any safety inspection station permit or safety
289 inspector certificate issued when the station or inspector has violated any safety inspection law
290 or rule.
291 (4) The division shall maintain a record of safety inspection station permits and safety
292 inspector certificates issued, suspended, revoked, or refused renewal under Subsection (3)(c).
293 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
294 division shall make rules:
295 (a) setting minimum standards covering the design, construction, condition, and
296 operation of motor vehicle equipment for safely operating a motor vehicle on the highway;
297 (b) establishing motor vehicle safety inspection procedures to ensure a motor vehicle
298 can be operated safely;
299 (c) establishing safety inspection station building, equipment, and personnel
300 requirements necessary to qualify to perform safety inspections;
301 (d) establishing age, training, examination, and renewal requirements to qualify for a
302 safety inspector certificate;
303 (e) establishing program guidelines for a school district that elects to implement a
304 safety inspection apprenticeship program for high school students;
305 (f) establishing requirements:
306 (i) designed to protect consumers from unwanted or unneeded repairs or adjustments;
307 (ii) for maintaining safety inspection records;
308 (iii) for providing reports to the division; and
309 (iv) for maintaining and protecting safety inspection certificates;
310 (g) establishing procedures for a motor vehicle that fails a safety inspection;
311 (h) setting bonding amounts for safety inspection stations if bonds are required under
312 Subsection (3)(a); and
313 (i) establishing procedures for a safety inspection station to follow if the station is
314 going out of business.
315 (6) The rules of the division:
316 (a) shall conform as nearly as practical to federal motor vehicle safety standards
317 including 49 CFR 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety Standards
318 205; and
319 (b) may incorporate by reference, in whole or in part, the federal standards under
320 Subsection (6)(a) and nationally recognized and readily available standards and codes on motor
321 vehicle safety.
322 Section 7. Section 53-8-205 is amended to read:
323 53-8-205. Safety inspection required -- Frequency of safety inspection -- Safety
324 inspection certificate required -- Out-of-state permits.
325 (1) (a) Except as provided in Subsection (1)(b), a person may not operate on a highway
326 a motor vehicle required to be registered in this state unless the motor vehicle has passed a
327 safety inspection if required in the current year.
328 (b) Subsection (1)(a) does not apply to:
329 (i) a vehicle that is exempt from registration under Section 41-1a-205 ;
330 (ii) an off-highway vehicle, unless the off-highway vehicle is being registered as a
331 street-legal all-terrain vehicle in accordance with Section 41-6a-1509 ;
332 (iii) a vintage vehicle as defined in Section 41-21-1 ;
333 (iv) a commercial vehicle with a gross vehicle weight rating over 26,000 pounds that:
334 (A) is operating with an apportioned registration under Section 41-1a-301; and
335 (B) has a valid annual federal inspection that complies with the requirements of 49
336 C.F.R. 396.17; and
337 (v) a trailer, semitrailer, or trailering equipment attached to a commercial motor vehicle
338 described in Subsection (1)(a)(iv) that has a valid annual federal inspection that complies with
339 the requirements of 49 C.F.R. 396.17.
340 (2) Except as provided in Subsection (3), the frequency of the safety inspection shall be
341 determined based on the age of the vehicle determined by model year and shall:
342 (a) be required each year for a vehicle that is [
348 (b) for each vehicle that is less than 12 years old on January 1, be required in the fourth
349 year, the eighth year, and the tenth year;
350 (c) be made by a safety inspector certified by the division at a safety inspection station
351 authorized by the division;
352 (d) cover an inspection of the motor vehicle mechanism, brakes, and equipment to
353 ensure proper adjustment and condition as required by department rules; and
354 (e) include an inspection for the display of license plates in accordance with Section
355 41-1a-404 .
356 (3) (a) (i) A salvage vehicle as defined in Section 41-1a-1001 is required to pass a
357 safety inspection when an application is made for initial registration as a salvage vehicle.
358 (ii) After initial registration as a salvage vehicle, the frequency of the safety inspection
359 shall correspond with the model year, as provided in Subsection (2).
360 (b) A motor vehicle with a gross vehicle weight rating of 10,001 pounds or more is
361 required to pass a safety inspection annually.
362 (4) (a) A safety inspection station shall issue two safety inspection certificates to the
363 owner of:
364 (i) each motor vehicle that passes a safety inspection under this section; and
365 (ii) a street-legal all-terrain vehicle that meets all the equipment requirements in
366 Section 41-6a-1509 .
367 (b) A safety inspection station shall use one safety inspection certificate issued under
368 this Subsection (4) for processing the vehicle registration.
369 (c) A person operating a motor vehicle shall have in the person's immediate possession
370 a safety inspection certificate or other evidence of compliance with the requirement to obtain a
371 safety inspection under this section.
372 (5) The division may:
373 (a) authorize the acceptance in this state of a safety inspection certificate issued in
374 another state having a safety inspection law similar to this state; and
375 (b) extend the time within which a safety inspection certificate must be obtained by the
376 resident owner of a vehicle that was not in this state during the time a safety inspection was
378 Section 8. Section 53-8-206 is amended to read:
379 53-8-206. Safety inspection -- Station requirements -- Permits not transferable --
380 Certificate of inspection -- Fees -- Unused certificates -- Suspension or revocation of
382 (1) The safety inspection required under Section 53-8-205 may only be performed:
383 (a) by a person certified by the division as a safety inspector; and
384 (b) at a safety inspection station with a valid safety inspection station permit issued by
385 the division.
386 (2) A safety inspection station permit may not be assigned or transferred or used at any
387 location other than a designated location, and every safety inspection station permit shall be
388 posted in a conspicuous place at the location designated.
389 (3) If required by the division, a record and report shall be made of every safety
390 inspection and every safety inspection certificate issued.
391 (4) A safety inspection station holding a safety inspection station permit issued by the
392 division may charge[
394 inspections, not to exceed:
397 vehicles; or
399 necessitate disassembly of front hub or removal of rear axle for inspection.
400 (5) A safety inspection station may return unused safety inspection certificates in a
401 quantity of 10 or more and shall be reimbursed by the division for the cost of the safety
402 inspection certificates.
403 (6) (a) Upon receiving notice of the suspension or revocation of a safety inspection
404 station permit, the safety inspection station permit holder shall immediately terminate all safety
405 inspection activities and return all safety inspection certificates and the safety inspection station
406 permit to the division.
407 (b) The division shall issue a receipt for all unused safety inspection certificates.
408 Section 9. Appropriation.
409 Under the terms and conditions of Utah Code Title 63J Chapter 1, Budgetary
410 Procedures Act, the following sums of money are appropriated from resources not otherwise
411 appropriated, or reduced from amounts previously appropriated, out of the funds or fund
412 accounts indicated for the fiscal year beginning July 1, 2012 and ending June 30, 2013. These
413 are additions to amounts previously appropriated for fiscal year 2013.
414 To Department of Public Safety -- Programs and Operations
415 From General Fund
416 From General Fund, One-time
417 From Transportation Fund Restricted -- Department of Public
418 Safety Account
419 From Dedicated Credits
420 Schedule of Programs:
421 Highway Patrol -- Safety Inspections ($630,000)
422 Highway Patrol -- Field Operations $1,827,000
423 Section 10. Effective date.
424 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2012.
425 (2) The amendments to the following sections take effect on January 1, 2013:
426 (a) Section 41-1a-205 ;
427 (b) Section 41-1a-1201 ;
428 (c) Section 41-1a-1206 ;
429 (d) Section 41-3-303 ;
430 (e) Section 53-3-106 ;
431 (f) Section 53-8-204 ;
432 (g) Section 53-8-205 ; and
433 (h) Section 53-8-206 .
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