7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to motor vehicle emissions.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends the visible contaminant emission standards for certain diesel engines;
13 ▸ amends the penalty for violating the motor vehicle visible emissions limits; and
14 ▸ makes technical corrections.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 41-6a-1626, as renumbered and amended by Laws of Utah 2005, Chapter 2
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 41-6a-1626 is amended to read:
25 41-6a-1626. Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
26 control devices.
27 (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
28 unusual noise.
29 (b) A motor vehicle shall be equipped with a muffler or other effective noise
30 suppressing system in good working order and in constant operation.
31 (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
32 (2) (a) Except while the engine is being warmed to the recommended operating
33 temperature, the engine and power mechanism of a[
34 not emit visible contaminants during operation[
39 (b) (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the
40 vehicle's maximum tow weight.
41 (ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible
42 contaminants during operation:
43 (A) except while the engine is being warmed to the recommended operating
44 temperature or under a heavy tow; or
45 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
46 rating in excess of 26,000 pounds.
47 (iii) A diesel engine manufactured before January 1, 2008, may not emit visible
48 contaminants of a shade or density that obscures a contrasting background by more than 20%,
49 for more than five consecutive seconds:
50 (A) except while the engine is being warmed to the recommended operating
51 temperature or under a heavy tow; or
52 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
53 rating in excess of 26,000 pounds.
55 misdemeanor and shall be fined:
56 (i) not less than $50 for a violation; or
57 (ii) not less than $100 for a second or subsequent violation within three years of a
58 previous violation of this section.
59 (3) (a) [
60 devices [
62 (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
63 may be substituted for the manufacturer's original device if the substituted device is at least as
64 effective in the reduction of emissions from the vehicle motor as the air pollution control
65 device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
67 (c) A person who renders inoperable an air pollution control device on a motor vehicle
68 is guilty of a class B misdemeanor.
69 (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
70 fuel, as defined under Section 59-13-102, when the emissions from the modified or altered
71 motor vehicle are at levels that comply with existing state or federal standards for the emission
72 of pollutants from a motor vehicle of the same class.