First Substitute H.B. 271

Representative Lee B. Perry proposes the following substitute bill:

1 MOTOR VEHICLE EMISSIONS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lee B. Perry
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill amends the Traffic Code.
10 Highlighted Provisions:
11 This bill:
12 . amends the penalty for violation of motor vehicle visible emissions limits; and
13 . makes technical changes.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 41-6a-1626 , as renumbered and amended by Laws of Utah 2005, Chapter 2
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 41-6a-1626 is amended to read:
24 41-6a-1626. Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
25 control devices.

26 (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
27 unusual noise.
28 (b) A motor vehicle shall be equipped with a muffler or other effective noise
29 suppressing system in good working order and in constant operation.
30 (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
31 (2) (a) Except while the engine is being warmed to the recommended operating
32 temperature, the engine and power mechanism of a[: (i)] gasoline-powered motor vehicle may
33 not emit visible contaminants during operation[;].
34 [(ii) diesel engine manufactured on or after January 1, 1973, may not emit visible
35 contaminants of a shade or density darker than 20% opacity; and]
36 [(iii) diesel engine manufactured before January 1, 1973, may not emit visible
37 contaminants of a shade or density darker than 40% opacity.]
38 [(b) A person who violates the provisions of Subsection (2)(a) is guilty of a class C
39 misdemeanor.]
40 (b) (i) A diesel engine manufactured on or after January 1, 2008, may not emit visible
41 contaminants during operation:
42 (A) except while the engine is being warmed to the recommended operating
43 temperature; or
44 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
45 rating in excess of 26,000 pounds.
46 (ii) A diesel engine manufactured before January 1, 2008, may not emit visible
47 contaminants of a shade or density that obscures a contrasting background by more than 20%,
48 for more than five consecutive seconds:
49 (A) except while the engine is being warmed to the recommended operating
50 temperature; or
51 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
52 rating in excess of 26,000 pounds.
53 (c) A violation of Subsection (2)(a) or (b) is a:
54 (i) class C misdemeanor on the first offense; and
55 (ii) class B misdemeanor on the second or subsequent offense.
56 (3) (a) [A] If a motor vehicle is equipped by a manufacturer with air pollution control

57 devices [shall maintain], the devices shall be maintained in good working order and in constant
58 operation.
59 (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
60 may be substituted for the manufacturer's original device if the substituted device is at least as
61 effective in the reduction of emissions from the vehicle motor as the air pollution control
62 device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
63 class.
64 (c) A person who renders inoperable an air pollution control device on a motor vehicle
65 is guilty of a class B misdemeanor.
66 (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
67 fuel, as defined under Section 59-13-102 , when the emissions from the modified or altered
68 motor vehicle are at levels that comply with existing state or federal standards for the emission
69 of pollutants from a motor vehicle of the same class.