S.B. 113

1

LICENSE PLATES AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Luz Robles
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicle Act by amending provisions relating to license
10 plates.
11 Highlighted Provisions:
12 This bill:
13 . provides that a license plate is not required to be attached to the front of the vehicle
14 if the vehicle was not originally designed and manufactured to hold a front license
15 plate;
16 . repeals the provision that provides that enforcement of the requirement to display a
17 license plate on the front of a vehicle shall only be as a secondary action when the
18 vehicle has been detained for a suspected violation of another offense by any person
19 in the vehicle;
20 . provides that the requirement to attach a license plate to the front of a vehicle shall
21 only be enforced if the vehicle is in motion;
22 . provides that a violation of the requirement to attach a license plate to the front of a
23 vehicle is an infraction rather than a class C misdemeanor;
24 . provides that a court shall waive the fine for a violation of the requirement to attach
25 a license plate to the front of a vehicle in certain circumstances;
26 . requires a vehicle to have a tail light or a separate light that illuminates with a white
27 light the rear license plate;

28 . requires that the light illuminating the rear license plate be wired to be lighted
29 whenever the headlights or auxiliary driving lights are lighted;
30 . provides a penalty for violating the rear license plate illumination requirement;
31 . provides that a court shall waive the fine for a violation of the rear license plate
32 illumination requirement in certain circumstances; and
33 . makes technical changes.
34 Money Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 41-1a-404, as last amended by Laws of Utah 2008, Chapter 106
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 41-1a-404 is amended to read:
44 41-1a-404. Location and position of plates.
45 (1) [License] (a) Except as provided in Subsection (1)(b), license plates issued for a
46 vehicle other than a motorcycle, trailer, or semitrailer shall be attached to the vehicle, one in
47 the front and the other in the rear.
48 (b) A license plate is not required to be attached to the front of the vehicle under this
49 Subsection (1) if the vehicle was not originally designed and manufactured to hold a front
50 license plate.
51 (2) The license plate issued for a motorcycle, trailer, or semitrailer shall be attached to
52 the rear of the motorcycle, trailer, or semitrailer.
53 (3) Every license plate shall at all times be:
54 (a) securely fastened:
55 (i) in a horizontal position to the vehicle for which it is issued to prevent the plate from
56 swinging;
57 (ii) at a height of not less than 12 inches from the ground, measuring from the bottom
58 of the plate; and

59 (iii) in a place and position to be clearly visible; and
60 (b) maintained:
61 (i) free from foreign materials; and
62 (ii) in a condition to be clearly legible.
63 [(4) Enforcement by a state or local law enforcement officer of the requirement under
64 Subsection (1) to attach a license plate to the front of a vehicle shall be only as a secondary
65 action when the vehicle has been detained for a suspected violation by any person in the
66 vehicle of Title 41, Motor Vehicles, other than the requirement under Subsection (1) to attach a
67 license plate to the front of the vehicle, or for another offense.]
68 (4) The requirement under Subsection (1) to attach a license plate to the front of a
69 vehicle shall only be enforced if the vehicle is in motion.
70 (5) (a) Either a tail light or a separate light shall be constructed and placed to illuminate
71 with a white light the rear license plate and render it legible from a distance of 50 feet to the
72 rear.
73 (b) A light described in Subsection (5)(a) illuminating a rear license plate shall be
74 wired to be lighted whenever the headlights or auxiliary driving lights are lighted.
75 (6) (a) Except as provided in Subsections (6)(b) and (c), a violation of this section is a
76 class C misdemeanor.
77 (b) (i) A violation of the requirement under Subsection (1) to attach a license plate to
78 the front of a vehicle is an infraction.
79 (ii) A court shall waive the fine for a violation of the requirement under Subsection (1)
80 to attach the license plate to the front of a vehicle if:
81 (A) the person demonstrates that the person has attached a license plate to the front of
82 the vehicle subsequent to the violation but before sentencing; and
83 (B) the person has not previously been cited for a violation of the requirement under
84 Subsection (1) to attach the license plate to the front of a vehicle.
85 (c) (i) A violation of the requirement under Subsection (5) to illuminate the rear license
86 plate on a vehicle is an infraction.
87 (ii) A court shall waive the fine for a violation of the requirement under Subsection (5)
88 to illuminate the rear license plate on a vehicle if:
89 (A) the person demonstrates that the person has complied with the requirements of

90 Subsection (5) subsequent to the violation but before sentencing; and
91 (B) the person has not previously been cited for a violation of the requirement under
92 Subsection (5) to illuminate the rear license plate on a vehicle.




Legislative Review Note
as of 1-10-12 4:04 PM

Office of Legislative Research and General Counsel