1     
SAFETY INSPECTION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel McCay

5     
Senate Sponsor: Deidre M. Henderson

6     Cosponsors:
7     Walt Brooks
8     Kay J. Christofferson
9     Kim F. Coleman
10     Steve Eliason
Justin L. Fawson
Timothy D. Hawkes
Michael S. Kennedy
John Knotwell
Jefferson Moss
Val L. Peterson
Paul Ray
Mike Schultz
11     

12     LONG TITLE
13     General Description:
14          This bill modifies provisions relating to motor vehicle safety equipment and inspection
15     programs and increases motor vehicle registration fees.
16     Highlighted Provisions:
17          This bill:
18          ▸     repeals the requirement that certain vehicles obtain a safety inspection certificate in
19     order to be registered and to operate on a highway;
20          ▸     repeals a provision making a seat belt violation a secondary offense;
21          ▸     increases registration fees for certain vehicles;
22          ▸     creates the Motor Vehicle Safety Impact Restricted Account and allows expenditure
23     of the funds by the Utah Highway Patrol to:
24               •     hire new Highway Patrol troopers;
25               •     pay overtime for Highway Patrol troopers; and
26               •     acquire equipment to improve motor vehicle safety impacts and enforcement;
27     and
28          ▸     makes technical changes.
29     Money Appropriated in this Bill:
30          This bill appropriates for the fiscal year beginning July 1, 2017, and ending June 30,
31     2018:
32          ▸     to the Department of Public Safety -- Programs and Operations as a one-time
33     appropriation:
34               •     from the General Fund;
35               •     from the Department of Public Safety Restricted Account;
36          ▸     to the Department of Public Safety -- Programs and Operations as an ongoing
37     appropriation:
38               •     from the General Fund;
39               •     from the Department of Public Safety Restricted Account.
40     Other Special Clauses:
41          This bill provides a special effective date.
42     Utah Code Sections Affected:
43     AMENDS:
44          13-51-107, as enacted by Laws of Utah 2015, Chapter 461
45          41-1a-203, as last amended by Laws of Utah 2010, Chapter 295
46          41-1a-205, as last amended by Laws of Utah 2015, Chapter 412
47          41-1a-217, as last amended by Laws of Utah 2005, Chapter 2
48          41-1a-226, as last amended by Laws of Utah 2015, Chapter 400
49          41-1a-1201, as last amended by Laws of Utah 2012, Chapters 207, 356, 397 and last
50     amended by Coordination Clause, Laws of Utah 2012, Chapter 397
51          41-1a-1206, as last amended by Laws of Utah 2016, Chapter 303
52          41-3-303, as last amended by Laws of Utah 2013, Chapter 207
53          41-6a-1508, as last amended by Laws of Utah 2015, Chapter 412
54          41-6a-1509, as last amended by Laws of Utah 2015, Chapters 412 and 454
55          41-6a-1642, as last amended by Laws of Utah 2015, Chapter 258
56          41-6a-1803, as last amended by Laws of Utah 2015, Chapter 59
57          41-6a-1805, as last amended by Laws of Utah 2015, Chapter 59
58          53-8-205, as last amended by Laws of Utah 2015, Chapter 412
59          53-8-206, as last amended by Laws of Utah 2015, Chapter 429
60     ENACTS:
61          53-8-214, Utah Code Annotated 1953
62     

63     Be it enacted by the Legislature of the state of Utah:
64          Section 1. Section 13-51-107 is amended to read:
65          13-51-107. Driver requirements.
66          (1) Before a transportation network company allows an individual to use the
67     transportation network company's software application as a transportation network driver, the
68     transportation network company shall:
69          (a) require the individual to submit to the transportation network company:
70          (i) the individual's name, address, and age;
71          (ii) a copy of the individual's driver license, including the driver license number; and
72          (iii) proof that the vehicle that the individual will use to provide transportation network
73     services is registered with the Division of Motor Vehicles;
74          (b) require the individual to consent to a criminal background check of the individual
75     by the transportation network company or the transportation network company's designee; and
76          (c) obtain and review a report that lists the individual's driving history.
77          (2) A transportation company may not allow an individual to provide transportation
78     network services as a transportation network driver if the individual:
79          (a) has committed more than three moving violations in the three years before the day
80     on which the individual applies to become a transportation network driver;
81          (b) has been convicted, in the seven years before the day on which the individual
82     applies to become a transportation network driver, of:
83          (i) driving under the influence of alcohol or drugs;
84          (ii) fraud;
85          (iii) a sexual offense;
86          (iv) a felony involving a motor vehicle;
87          (v) a crime involving property damage;
88          (vi) a crime involving theft;
89          (vii) a crime of violence; or
90          (viii) an act of terror;
91          (c) is required to register as a sex offender in accordance with Title 77, Chapter 41, Sex
92     and Kidnap Offender Registry;
93          (d) does not have a valid Utah driver license; or
94          (e) is not at least 19 years of age.
95          (3) A transportation network company shall prohibit a transportation network driver
96     from accepting a request for a prearranged ride if the motor vehicle that the transportation
97     network driver uses to provide transportation network services fails to comply with:
98          [(a) safety and inspection requirements described in Section 53-8-205;]
99          [(b)] (a) equipment standards described in Section 41-6a-1601; and
100          [(c)] (b) emission requirements adopted by a county under Section 41-6a-1642.
101          (4) A transportation network driver, while providing transportation network services,
102     shall carry proof, in physical or electronic form, that the transportation network driver is
103     covered by insurance that satisfies the requirements of Section 13-51-108.
104          Section 2. Section 41-1a-203 is amended to read:
105          41-1a-203. Prerequisites for registration, transfer of ownership, or registration
106     renewal.
107          (1) Except as otherwise provided, [prior to] before registration of a vehicle, an owner
108     shall:
109          (a) obtain an identification number inspection under Section 41-1a-204;
110          [(b) obtain a safety inspection certificate, if required in the current year, as provided
111     under Sections 41-1a-205 and 53-8-205;]
112          [(c)] (b) obtain a certificate of emissions inspection, if required in the current year, as
113     provided under Section 41-6a-1642;
114          [(d)] (c) pay property taxes, the in lieu fee, or receive a property tax clearance under
115     Section 41-1a-206 or 41-1a-207;
116          [(e)] (d) pay the automobile driver education tax required by Section 41-1a-208;
117          [(f)] (e) pay the applicable registration fee under Part 12, Fee and Tax Requirements;
118          [(g)] (f) pay the uninsured motorist identification fee under Section 41-1a-1218, if
119     applicable;
120          [(h)] (g) pay the motor carrier fee under Section 41-1a-1219, if applicable;
121          [(i)] (h) pay any applicable local emissions compliance fee under Section 41-1a-1223;
122     and
123          [(j)] (i) pay the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act.
124          (2) In addition to the requirements in Subsection (1), an owner [whose] of a vehicle
125     that has not been previously registered or that is currently registered under a previous owner's
126     name shall [also] apply for a valid certificate of title in the owner's name [prior to] before
127     registration.
128          (3) [A] The division may not issue a new registration, transfer of ownership, or
129     registration renewal under Section 73-18-7 [may not be issued] for a vessel or outboard motor
130     that is subject to [the title provisions of] this chapter unless a certificate of title has been or is in
131     the process of being issued in the same owner's name.
132          (4) [A] The division may not issue a new registration, transfer of ownership, or
133     registration renewal under Section 41-22-3 [may not be issued] for an off-highway vehicle that
134     is subject to [the titling provisions of] this chapter unless a certificate of title has been or is in
135     the process of being issued in the same owner's name.
136          Section 3. Section 41-1a-205 is amended to read:
137          41-1a-205. Safety inspection certificate required for commercial motor vehicles
138     and initial registration of street-legal ATVs and salvage vehicles.
139          [(1) If required in the current year, a safety inspection certificate, as required by Section
140     53-8-205, or proof of exemption from safety inspection shall be presented at the time of, and as
141     a condition of, registration or renewal of registration of a motor vehicle.]
142          [(2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
143     required under this section may be made no more than two months prior to the renewal of
144     registration.]
145          [(b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
146     certificate issued for the motor vehicle during the previous 11 months may be used to satisfy
147     the requirement under Subsection (1).]
148          [(ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
149     inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
150     dealer's name during the previous 11 months may be used to satisfy the requirement under
151     Subsection (1).]
152          [(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
153     safety inspection certificate issued during the previous 11 months may be used to satisfy the
154     requirement under Subsection (1).]
155          [(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
156     required under this section may be made no more than 11 months prior to the renewal of
157     registration.]
158          [(e) If the application for renewal of registration is for a six-month registration period
159     under Section 41-1a-215.5, a safety inspection certificate issued during the previous eight
160     months may be used to satisfy the requirement under Subsection (1).]
161          [(3) (a) The following motor vehicles are exempt from this section:]
162          [(i) except as provided in Subsection (3)(b), a new motor vehicle when registered the
163     first time, if:]
164          [(A) a new car predelivery inspection has been made by a dealer;]
165          [(B) the dealer provides a written disclosure statement listing any known deficiency,
166     existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
167     to fail a safety inspection given in accordance with Section 53-8-205; and]
168          [(C) the buyer signs the disclosure statement to acknowledge that the buyer has read
169     and understands the listed deficiencies;]
170          [(ii) a motor vehicle required to be registered under this chapter that bears a dealer
171     plate or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates,
172     except that if the motor vehicle is propelled by its own power and is not being moved for repair
173     or dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding safe
174     mechanical condition; and]
175          [(iii) a vintage vehicle as defined in Section 41-21-1.]
176          [(b)] (1) A street-legal all-terrain vehicle registered in accordance with Section
177     41-6a-1509 is subject to a safety inspection[: (i)] the first time that a person registers an
178     off-highway vehicle as a street-legal all-terrain vehicle[; and].
179          [(ii) subsequently, on the same frequency as described in Subsection 53-8-205(2) based
180     on the age of the vehicle as determined by the model year identified by the manufacturer.]
181          (2) A salvage vehicle as defined in Section 41-1a-1001 is subject to a safety inspection
182     when the owner makes the initial application to register the vehicle as a salvage vehicle.
183          [(4) (a)] (3) A safety inspection certificate shall be displayed on:
184          [(i)] (a) all registered commercial [motor] vehicles [with a gross vehicle weight rating
185     of 26,000 pounds or more] as defined in Section 72-9-102;
186          [(ii)] (b) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer
187     with multiple axles;
188          [(iii)] (c) a combination unit; [and]
189          [(iv)] (d) a bus or van for hire[.];
190          (e) a taxicab; and
191          (f) a motor vehicle operated by a ground transportation service provider as defined in
192     Section 72-10-601.
193          [(b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
194     Subsection (1).]
195          [(5) A motor vehicle may be sold and the title assigned to the new owner without a
196     valid safety inspection, but the motor vehicle may not be registered in the new owner's name
197     until the motor vehicle complies with this section.]
198          [(6)] (4) A violation of this section is an infraction.
199          Section 4. Section 41-1a-217 is amended to read:
200          41-1a-217. Application for renewal of registration.
201          (1) [Renewal of] An applicant may renew a vehicle registration [shall be made by the
202     owner upon] by:
203          (a) filing an application for registration renewal; and [by payment of]
204          (b) paying the fees or taxes required under Subsection 41-1a-203(1).
205          (2) The applicant shall ensure that the application for registration renewal and the
206     payment for applicable fees or taxes [shall be] is accompanied by a[: (a) safety inspection
207     certificate as required under Section 41-1a-205; and (b)] certificate of emissions inspection [as]
208     if required under Section 41-6a-1642.
209          (3) The division shall issue a new registration card [issued shall show] that contains:
210          (a) the identical information with respect to the owner and the vehicle description
211     required by Section 41-1a-213; and
212          (b) the new expiration date.
213          Section 5. Section 41-1a-226 is amended to read:
214          41-1a-226. Vintage vehicle -- Signed statement -- Registration.
215          (1) The owner of a vintage vehicle who applies for registration under this part shall
216     provide a signed statement that the vintage vehicle:
217          (a) is owned and operated for the purposes described in Section 41-21-1; and
218          (b) is safe to operate on the highways of this state as described in Section 41-21-4.
219          (2) The signed statement described in Subsection (1) is in lieu of[: (a) a safety
220     inspection, from which a vintage vehicle is exempt under Subsection 41-1a-205(3); and (b)] an
221     emissions inspection, from which a vintage vehicle is exempt under Subsection 41-6a-1642(3).
222          Section 6. Section 41-1a-1201 is amended to read:
223          41-1a-1201. Disposition of fees.
224          (1) All fees received and collected under this part shall be transmitted daily to the state
225     treasurer.
226          (2) Except as provided in Subsections (3), (6), [and] (7), and (8) and Sections
227     41-1a-422, 41-1a-1220, 41-1a-1221, and 41-1a-1223 all fees collected under this part shall be
228     deposited in the Transportation Fund.
229          (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), and (7) and
230     Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
231     license plates under Part 4, License Plates and Registration Indicia.
232          (4) In accordance with Section 63J-1-602.2, all funds available to the commission for
233     the purchase and distribution of license plates and decals are nonlapsing.
234          (5) (a) Except as provided in Subsections (3) and (5)(b) and Section 41-1a-1205, the
235     expenses of the commission in enforcing and administering this part shall be provided for by
236     legislative appropriation from the revenues of the Transportation Fund.
237          (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
238     and (b) for each vehicle registered for a six-month registration period under Section
239     41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
240     administering this part.
241          (6) (a) The following portions of the registration fees imposed under Section
242     41-1a-1206 for each vehicle shall be deposited in the Transportation Investment Fund of 2005
243     created under Section 72-2-124:
244          (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
245     (1)(f), (3), and (6);
246          (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
247     (1)(c)(ii);
248          (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
249          (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
250          (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
251          (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
252          (b) The following portions of the registration fees collected for each vehicle registered
253     for a six-month registration period under Section 41-1a-215.5 shall be deposited in the
254     Transportation Investment Fund of 2005 created by Section 72-2-124:
255          (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a); and
256          (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(b).
257          (7) (a) Ninety-four cents of each registration fee imposed under Subsections
258     41-1a-1206(1)(a) and (b) for each vehicle shall be deposited in the Public Safety Restricted
259     Account created in Section 53-3-106.
260          (b) Seventy-one cents of each registration fee imposed under Subsections
261     41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
262     Section 41-1a-215.5 shall be deposited in the Public Safety Restricted Account created in
263     Section 53-3-106.
264          (8) (a) One dollar of each registration fee imposed under Subsections 41-1a-1206(1)(a)
265     and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
266     Account created in Section 53-3-214.
267          (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
268     and (b) for each vehicle registered for a six-month registration period under Section
269     41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
270     created in Section 53-3-214.
271          Section 7. Section 41-1a-1206 is amended to read:
272          41-1a-1206. Registration fees -- Fees by gross laden weight.
273          (1) Except as provided in Subsections (2) and (3), at the time application is made for
274     registration or renewal of registration of a vehicle or combination of vehicles under this
275     chapter, a registration fee shall be paid to the division as follows:
276          (a) [$44.50] $45.50 for each motorcycle;
277          (b) [$43] $44 for each motor vehicle of 12,000 pounds or less gross laden weight,
278     excluding motorcycles;
279          (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
280     or is registered under Section 41-1a-301:
281          (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
282          (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
283     gross unladen weight;
284          (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
285     gross laden weight; plus
286          (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
287          (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
288     trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
289          (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
290          (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
291     exceeding 14,000 pounds gross laden weight; plus
292          (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
293          (g) $45 for each vintage vehicle that is less than 40 years old.
294          (2) At the time application is made for registration or renewal of registration of a
295     vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
296     registration fee shall be paid to the division as follows:
297          (a) [$33.50] $34.50 for each motorcycle; and
298          (b) [$32.50] $33.50 for each motor vehicle of 12,000 pounds or less gross laden
299     weight, excluding motorcycles.
300          (3) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
301     $40.
302          (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
303     registration fees under Subsection (1).
304          (c) A vehicle with a Purple Heart special group license plate issued in accordance with
305     Section 41-1a-421 is exempt from the registration fees under Subsection (1).
306          (d) A camper is exempt from the registration fees under Subsection (1).
307          (4) If a motor vehicle is operated in combination with a semitrailer or trailer, each
308     motor vehicle shall register for the total gross laden weight of all units of the combination if the
309     total gross laden weight of the combination exceeds 12,000 pounds.
310          (5) (a) Registration fee categories under this section are based on the gross laden
311     weight declared in the licensee's application for registration.
312          (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
313     of 2,000 pounds is a full unit.
314          (6) The owner of a commercial trailer or commercial semitrailer may, as an alternative
315     to registering under Subsection (1)(c), apply for and obtain a special registration and license
316     plate for a fee of $130.
317          (7) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
318     truck unless:
319          (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
320          (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
321          (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
322     submits to the division a certificate of emissions inspection or a waiver in compliance with
323     Section 41-6a-1642.
324          (8) A violation of Subsection (7) is an infraction that shall be punished by a fine of not
325     less than $200.
326          (9) Trucks used exclusively to pump cement, bore wells, or perform crane services
327     with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
328     required for those vehicles under this section.
329          Section 8. Section 41-3-303 is amended to read:
330          41-3-303. Temporary permits -- Inspections required before issuance.
331          (1) [A] Except as provided in Subsections (2) and (3), a dealer licensed in accordance
332     with this chapter may not issue a temporary permit for a motor vehicle under Section 41-3-302
333     unless[: (a) (i) the motor vehicle for which the temporary permit is issued has received and
334     passed the safety inspection if required in the current year under Section 53-8-205 within the
335     previous 11 months; (ii) the safety inspection certificate was issued in the name of a licensed
336     and bonded dealer; and (iii) a copy of the safety inspection certificate is given to the customer;
337     and (b)] the motor vehicle passed [the emission] an emissions inspection test if required by
338     Section 41-6a-1642.
339          [(2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without
340     a safety inspection certificate if the motor vehicle complies with the safety inspection as
341     provided in Section 41-1a-205.]
342          [(3) Notwithstanding Subsection (1)(b), a]
343          (2) A dealer may issue a temporary permit without proof of an [emission] emissions
344     inspection if:
345          (a) the motor vehicle is exempt from [emission] an emissions inspection [as provided
346     in] under Section 41-6a-1642;
347          (b) the purchaser is a resident of a county that does not require [emission] emissions
348     inspections; or
349          (c) the motor vehicle is otherwise exempt from [emission] emissions inspections.
350          [(4) Notwithstanding Subsection (1), a]
351          (3) A dealer may sell a motor vehicle as is without [having it safety or emission
352     inspected provided that no] an emissions inspection if the dealer does not issue a temporary
353     permit [is issued].
354          Section 9. Section 41-6a-1508 is amended to read:
355          41-6a-1508. Low-speed vehicle.
356          (1) Except as otherwise provided in this section, a low-speed vehicle is considered a
357     motor vehicle for purposes of the Utah Code including requirements for:
358          (a) traffic rules under Title 41, Chapter 6a, Traffic Code;
359          (b) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
360          (c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
361     Motor Vehicle Owners and Operators Act;
362          (d) vehicle registration, titling, vehicle identification numbers, license plates, and
363     registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
364          (e) vehicle taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act, and
365     fee in lieu of property taxes or in lieu fees under Section 59-2-405;
366          (f) motor vehicle dealer licensing under Title 41, Chapter 3, Motor Vehicle Business
367     Regulation Act; and
368          [(g) motor vehicle safety inspection requirements under Section 53-8-205; and]
369          [(h)] (g) safety belt requirements under [Title 41, Chapter 6a,] Part 18, Motor Vehicle
370     Safety Belt Usage Act.
371          (2) (a) [A] The owner of a low-speed vehicle shall [comply] ensure that the low-speed
372     vehicle:
373          (i) complies with federal safety standards established in 49 C.F.R. 571.500; and [shall
374     be]
375          (ii) is equipped with:
376          [(i)] (A) headlamps;
377          [(ii)] (B) front and rear turn signals, tail lamps, and stop lamps;
378          [(iii)] (C) turn signal lamps;
379          [(iv)] (D) reflex reflectors one on the rear of the vehicle and one on the left and right
380     side and as far to the rear of the vehicle as practical;
381          [(v)] (E) a parking brake;
382          [(vi)] (F) a windshield that meets the standards under Section 41-6a-1635, including a
383     device for cleaning rain, snow, or other moisture from the windshield; and
384          [(vii)] (G) an exterior rearview mirror on the driver's side and either an interior
385     rearview mirror or an exterior rearview mirror on the passenger side.
386          (b) A low-speed vehicle that complies with this Subsection (2) and Subsection (3) and
387     that is not altered from the manufacturer is considered to comply with equipment requirements
388     under Part 16, Vehicle Equipment.
389          (3) A person may not operate a low-speed vehicle that has been structurally altered
390     from the original manufacturer's design.
391          (4) A low-speed vehicle is exempt from a motor vehicle emissions inspection and
392     maintenance program requirements under Section 41-6a-1642.
393          (5) (a) Except to cross a highway at an intersection, a low-speed vehicle may not be
394     operated on a highway with a posted speed limit of more than 35 miles per hour.
395          (b) In addition to the restrictions under Subsection (5)(a), a highway authority, may
396     prohibit or restrict the operation of a low-speed vehicle on any highway under its jurisdiction, if
397     the highway authority determines the prohibition or restriction is necessary for public safety.
398          (6) A person may not operate a low-speed vehicle on a highway without displaying on
399     the rear of the low-speed vehicle, a slow-moving vehicle identification emblem that complies
400     with the Society of Automotive Engineers standard SAE J943.
401          (7) A person who violates Subsection (2), (3), (5), or (6) is guilty of an infraction.
402          Section 10. Section 41-6a-1509 is amended to read:
403          41-6a-1509. Street-legal all-terrain vehicle -- Operation on highways --
404     Registration and licensing requirements -- Equipment requirements.
405          (1) (a) Except as provided in Subsection (1)(b), an all-terrain type I vehicle, utility type
406     vehicle, or full-sized all-terrain vehicle that meets the requirements of this section may be
407     operated as a street-legal ATV on a street or highway unless the highway is an interstate
408     freeway as defined in Section 41-6a-102.
409          (b) Unless a street or highway is designated as open for street-legal ATV use by the
410     controlling highway authority in accordance with Section 41-22-10.5, a person may not operate
411     a street-legal ATV on a street or highway in accordance with Subsection (1)(a) if the highway
412     is under the jurisdiction of:
413          (i) a county of the first class; or
414          (ii) a municipality that is within a county of the first class.
415          (2) A street-legal ATV shall comply with Subsection 41-1a-205(1), Subsection
416     53-8-205(1)(b), and the same requirements as:
417          (a) a motorcycle for:
418          (i) traffic rules under Title 41, Chapter 6a, Traffic Code;
419          (ii) registration, titling, odometer statement, vehicle identification, license plates, and
420     registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
421          (iii) fees in lieu of property taxes or in lieu of fees under Section 59-2-405.2; and
422          (iv) the county motor vehicle emissions inspection and maintenance programs under
423     Section 41-6a-1642;
424          (b) a motor vehicle for:
425          (i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; and
426          (ii) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
427     Motor Vehicle Owners and Operators Act; and
428          [(iii) safety inspection requirements under Title 53, Chapter 8, Part 2, Motor Vehicle
429     Safety Inspection Act, except that a street-legal ATV shall be subject to a safety inspection: (A)
430     when registered for the first time; and]
431          [(B) subsequently, on the same frequency as described in Subsection 53-8-205(2)
432     based on the age of the vehicle as determined by the model year identified by the manufacturer;
433     and]
434          (c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under Title
435     41, Chapter 22, Off-Highway Vehicles, and Title 41, Chapter 3, Motor Vehicle Business
436     Regulation Act, unless otherwise specified in this section.
437          (3) (a) [An] The owner of an all-terrain type I vehicle [and] or a utility type vehicle
438     being operated as a street-legal ATV shall [be] ensure that the vehicle is equipped with:
439          (i) one or more headlamps that meet the requirements of Section 41-6a-1603;
440          (ii) one or more tail lamps;
441          (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
442     with a white light;
443          (iv) one or more red reflectors on the rear;
444          (v) one or more stop lamps on the rear;
445          (vi) amber or red electric turn signals, one on each side of the front and rear;
446          (vii) a braking system, other than a parking brake, that meets the requirements of
447     Section 41-6a-1623;
448          (viii) a horn or other warning device that meets the requirements of Section
449     41-6a-1625;
450          (ix) a muffler and emission control system that meets the requirements of Section
451     41-6a-1626;
452          (x) rearview mirrors on the right and left side of the driver in accordance with Section
453     41-6a-1627;
454          (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
455          (xii) a speedometer, illuminated for nighttime operation;
456          (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
457     seat designed for passengers, including a footrest and handhold for each passenger;
458          (xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
459          (xv) tires that:
460          (A) are not larger than the tires that the all-terrain vehicle manufacturer made available
461     for the all-terrain vehicle model; and
462          (B) have at least 2/32 inches or greater tire tread.
463          (b) [A] The owner of a full-sized all-terrain vehicle being operated as a street-legal
464     all-terrain vehicle shall [be] ensure that the vehicle is equipped with:
465          (i) two headlamps that meet the requirements of Section 41-6a-1603;
466          (ii) two tail lamps;
467          (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
468     with a white light;
469          (iv) one or more red reflectors on the rear;
470          (v) two stop lamps on the rear;
471          (vi) amber or red electric turn signals, one on each side of the front and rear;
472          (vii) a braking system, other than a parking brake, that meets the requirements of
473     Section 41-6a-1623;
474          (viii) a horn or other warning device that meets the requirements of Section
475     41-6a-1625;
476          (ix) a muffler and emission control system that meets the requirements of Section
477     41-6a-1626;
478          (x) rearview mirrors on the right and left side of the driver in accordance with Section
479     41-6a-1627;
480          (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
481          (xii) a speedometer, illuminated for nighttime operation;
482          (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
483     seat designed for passengers, including a footrest and handhold for each passenger;
484          (xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
485          (xv) tires that:
486          (A) do not exceed 44 inches in height; and
487          (B) have at least 2/32 inches or greater tire tread.
488          (c) [A] The owner of a street-legal all-terrain vehicle is not required to [be equipped]
489     equip the vehicle with wheel covers, mudguards, flaps, or splash aprons.
490          (4) (a) Subject to the [requirement in] requirements of Subsection (4)(b), an operator of
491     a street-legal all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway,
492     may not exceed the lesser of:
493          (i) the posted speed limit; or
494          (ii) 50 miles per hour.
495          (b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
496     all-terrain vehicle on a highway with a posted speed limit higher than 50 miles per hour, shall:
497          (i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
498     roadway; and
499          (ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the front
500     and back of both sides of the vehicle.
501          (5) (a) A nonresident operator of an off-highway vehicle that is authorized to be
502     operated on the highways of another state has the same rights and privileges as a street-legal
503     ATV that is granted operating privileges on the highways of this state, subject to the
504     restrictions under this section and rules made by the Board of Parks and Recreation, if the other
505     state offers reciprocal operating privileges to Utah residents.
506          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
507     Board of Parks and Recreation shall establish eligibility requirements for reciprocal operating
508     privileges for nonresident users granted under Subsection (5)(a).
509          (6) Nothing in this chapter [shall restrict the operation of] restricts the owner of an
510     off-highway vehicle from operating the off-highway vehicle in accordance with Section
511     41-22-10.5.
512          (7) A violation of this section is an infraction.
513          Section 11. Section 41-6a-1642 is amended to read:
514          41-6a-1642. Emissions inspection -- County program.
515          (1) The legislative body of each county required under federal law to utilize a motor
516     vehicle emissions inspection and maintenance program or in which an emissions inspection
517     and maintenance program is necessary to attain or maintain any national ambient air quality
518     standard shall require:
519          (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
520     is exempt from emissions inspection and maintenance program requirements be presented:
521          (i) as a condition of registration or renewal of registration; and
522          (ii) at other times as the county legislative body may require to enforce inspection
523     requirements for individual motor vehicles, except that the county legislative body may not
524     routinely require a certificate of emission inspection, or waiver of the certificate, more often
525     than required under Subsection (6); and
526          (b) compliance with this section for a motor vehicle registered or principally operated
527     in the county and owned by or being used by a department, division, instrumentality, agency, or
528     employee of:
529          (i) the federal government;
530          (ii) the state and any of its agencies; or
531          (iii) a political subdivision of the state, including school districts.
532          (2) (a) The legislative body of a county identified in Subsection (1), in consultation
533     with the Air Quality Board created under Section 19-1-106, shall make regulations or
534     ordinances regarding:
535          (i) emissions standards;
536          (ii) test procedures;
537          (iii) inspections stations;
538          (iv) repair requirements and dollar limits for correction of deficiencies; and
539          (v) certificates of emissions inspections.
540          (b) The regulations or ordinances shall:
541          (i) be made to attain or maintain ambient air quality standards in the county, consistent
542     with the state implementation plan and federal requirements;
543          (ii) may allow for a phase-in of the program by geographical area; and
544          (iii) be compliant with the analyzer design and certification requirements contained in
545     the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
546          (c) The county legislative body and the Air Quality Board shall give preference to an
547     inspection and maintenance program that is:
548          (i) decentralized, to the extent the decentralized program will attain and maintain
549     ambient air quality standards and meet federal requirements;
550          (ii) the most cost effective means to achieve and maintain the maximum benefit with
551     regard to ambient air quality standards and to meet federal air quality requirements as related to
552     vehicle emissions; and
553          (iii) providing a reasonable phase-out period for replacement of air pollution emission
554     testing equipment made obsolete by the program.
555          (d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
556          (i) may be accomplished in accordance with applicable federal requirements; and
557          (ii) does not otherwise interfere with the attainment and maintenance of ambient air
558     quality standards.
559          (3) The following vehicles are exempt from the provisions of this section:
560          (a) an implement of husbandry;
561          (b) a motor vehicle that:
562          (i) meets the definition of a farm truck under Section 41-1a-102; and
563          (ii) has a gross vehicle weight rating of 12,001 pounds or more;
564          (c) a vintage vehicle as defined in Section 41-21-1;
565          (d) a custom vehicle as defined in Section 41-6a-1507; and
566          (e) to the extent allowed under the current federally approved state implementation
567     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
568     vehicle that is less than two years old on January 1 based on the age of the vehicle as
569     determined by the model year identified by the manufacturer.
570          (4) (a) The legislative body of a county identified in Subsection (1) shall exempt a
571     pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight of 12,000 pounds or
572     less from the emission inspection requirements of this section, if the registered owner of the
573     pickup truck provides a signed statement to the legislative body stating the truck is used:
574          (i) by the owner or operator of a farm located on property that qualifies as land in
575     agricultural use under Sections 59-2-502 and 59-2-503; and
576          (ii) exclusively for the following purposes in operating the farm:
577          (A) for the transportation of farm products, including livestock and its products,
578     poultry and its products, floricultural and horticultural products; and
579          (B) in the transportation of farm supplies, including tile, fence, and every other thing or
580     commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
581     and maintenance.
582          (b) The county shall provide to the registered owner who signs and submits a signed
583     statement under this section a certificate of exemption from emission inspection requirements
584     for purposes of registering the exempt vehicle.
585          (5) (a) Subject to Subsection (5)(c), the legislative body of each county required under
586     federal law to utilize a motor vehicle emissions inspection and maintenance program or in
587     which an emissions inspection and maintenance program is necessary to attain or maintain any
588     national ambient air quality standard may require each college or university located in a county
589     subject to this section to require its students and employees who park a motor vehicle not
590     registered in a county subject to this section to provide proof of compliance with an emissions
591     inspection accepted by the county legislative body if the motor vehicle is parked on the college
592     or university campus or property.
593          (b) College or university parking areas that are metered or for which payment is
594     required per use are not subject to the requirements of this Subsection (5).
595          (c) The legislative body of a county shall make the reasons for implementing the
596     provisions of this Subsection (5) part of the record at the time that the county legislative body
597     takes its official action to implement the provisions of this Subsection (5).
598          (6) (a) An emissions inspection station shall issue a certificate of emissions inspection
599     for each motor vehicle that meets the inspection and maintenance program requirements
600     established in rules made under Subsection (2).
601          (b) The frequency of the emissions inspection shall be determined based on the age of
602     the vehicle as determined by model year and shall be required annually subject to the
603     provisions of Subsection (6)(c).
604          (c) (i) To the extent allowed under the current federally approved state implementation
605     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
606     body of a county identified in Subsection (1) shall only require the emissions inspection every
607     two years for each vehicle.
608          (ii) The provisions of Subsection (6)(c)(i) apply only to a vehicle that is less than six
609     years old on January 1.
610          (iii) For a county required to implement a new vehicle emissions inspection and
611     maintenance program on or after December 1, 2012, under Subsection (1), but for which no
612     current federally approved state implementation plan exists, a vehicle shall be tested at a
613     frequency determined by the county legislative body, in consultation with the Air Quality
614     Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
615     maintain any national ambient air quality standard.
616          (iv) If a county legislative body establishes or changes the frequency of a vehicle
617     emissions inspection and maintenance program under Subsection (6)(c)(iii), the establishment
618     or change shall take effect on January 1 if the Tax Commission receives notice meeting the
619     requirements of Subsection (6)(c)(v) from the county [prior to] before October 1.
620          (v) The notice described in Subsection (6)(c)(iv) shall:
621          (A) state that the county will establish or change the frequency of the vehicle emissions
622     inspection and maintenance program under this section;
623          (B) include a copy of the ordinance establishing or changing the frequency; and
624          (C) if the county establishes or changes the frequency under this section, state how
625     frequently the emissions testing will be required.
626          (d) If an emissions inspection is only required every two years for a vehicle under
627     Subsection (6)(c), the inspection shall be required for the vehicle in:
628          (i) odd-numbered years for vehicles with odd-numbered model years; or
629          (ii) in even-numbered years for vehicles with even-numbered model years.
630          [(7) The emissions inspection shall be required within the same time limit applicable to
631     a safety inspection under Section 41-1a-205.]
632          (7) (a) Except as provided in Subsections (7)(b), (c), and (d), the emissions inspection
633     required under this section may be made no more than two months before the renewal of
634     registration.
635          (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
636     emissions inspection certificate issued for the motor vehicle during the previous 11 months to
637     satisfy the requirement under this section.
638          (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
639     use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
640     motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
641     this section.
642          (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
643     lessee may use an emissions inspection certificate issued during the previous 11 months to
644     satisfy the requirement under this section.
645          (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
646     use an emissions inspection made more than 11 months before the renewal of registration to
647     satisfy the requirement under this section.
648          (e) If the application for renewal of registration is for a six-month registration period
649     under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
650     the previous eight months to satisfy the requirement under this section.
651          (8) (a) A county identified in Subsection (1) shall collect information about and
652     monitor the program.
653          (b) A county identified in Subsection (1) shall supply this information to an appropriate
654     legislative committee, as designated by the Legislative Management Committee, at times
655     determined by the designated committee to identify program needs, including funding needs.
656          (9) If approved by the county legislative body, a county that had an established
657     emissions inspection fee as of January 1, 2002, may increase the established fee that an
658     emissions inspection station may charge by $2.50 for each year that is exempted from
659     emissions inspections under Subsection (6)(c) up to a $7.50 increase.
660          (10) (a) A county identified in Subsection (1) may impose a local emissions
661     compliance fee on each motor vehicle registration within the county in accordance with the
662     procedures and requirements of Section 41-1a-1223.
663          (b) A county that imposes a local emissions compliance fee shall use revenues
664     generated from the fee for the establishment and enforcement of an emissions inspection and
665     maintenance program in accordance with the requirements of this section.
666          Section 12. Section 41-6a-1803 is amended to read:
667          41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.
668          (1) (a) The operator of a motor vehicle operated on a highway shall:
669          (i) wear a properly adjusted and fastened safety belt;
670          (ii) provide for the protection of each person younger than eight years of age by using a
671     child restraint device to restrain each person in the manner prescribed by the manufacturer of
672     the device; and
673          (iii) provide for the protection of each person eight years of age up to 16 years of age
674     by securing, or causing to be secured, a properly adjusted and fastened safety belt on each
675     person.
676          (b) Notwithstanding the requirement under Subsection (1)(a)(ii), a child under eight
677     years of age who is 57 inches tall or taller:
678          (i) is exempt from the requirement in Subsection (1)(a)(ii) to be in a child restraint
679     device; and
680          (ii) shall use a properly adjusted and fastened safety belt as required in Subsection
681     (1)(a)(iii).
682          (2) A person 16 years of age or older who is a passenger in a motor vehicle operated on
683     a highway shall wear a properly adjusted and fastened safety belt.
684          (3) If more than one person is not using a child restraint device or wearing a safety belt
685     in violation of Subsection (1), it is considered only one offense, and the driver may receive
686     only one citation for that offense.
687          [(4) Beginning on July 1, 2018, and for a person 19 years of age or older who violates
688     Subsection (1)(a)(i) or (2), enforcement by a state or local law enforcement officer shall be only
689     as a secondary action when the person has been detained for a suspected violation of Title 41,
690     Motor Vehicles, other than Subsection (1)(a)(i) or (2), or for another offense.]
691          Section 13. Section 41-6a-1805 is amended to read:
692          41-6a-1805. Penalty for violation.
693          (1) (a) A person who violates Section 41-6a-1803 is guilty of an infraction and shall be
694     fined a maximum of $45.
695          (b) Until July 1, 2018, a peace officer may not issue a citation to an individual for a
696     violation of Section 41-6a-1803 if the person has not previously been warned for a violation of
697     Section 41-6a-1803 but shall issue the individual a warning informing the individual that
698     operating or being a passenger in a vehicle without wearing a properly adjusted and fastened
699     safety belt is prohibited.
700          (c) The court shall waive all of the fine for a violation of [Section 41-6a-1803 if a
701     person: (i) shows evidence of completion of a 30 minute course approved by the commissioner
702     of the Department of Public Safety that includes education on the benefits of using a safety belt
703     or child restraint device; and (ii) if the violation is for an offense under] Subsection
704     41-6a-1803(1)(b)[,] if the person submits proof of acquisition, rental, or purchase of a child
705     restraint device.
706          (2) Points for a motor vehicle reportable violation, as defined under Section 53-3-102,
707     may not be assessed against a person for a violation of Section 41-6a-1803.
708          Section 14. Section 53-8-205 is amended to read:
709          53-8-205. Safety inspection required for certain vehicles -- Out-of-state permits.
710          [(1) (a) Except as provided in Subsection (1)(b), a person may not operate on a
711     highway a motor vehicle required to be registered in this state unless the motor vehicle has
712     passed a safety inspection if required in the current year.]
713          [(b) Subsection (1)(a) does not apply to:]
714          [(i) a vehicle that is exempt from registration under Section 41-1a-205;]
715          [(ii) an off-highway vehicle, unless the off-highway vehicle is being registered as a
716     street-legal all-terrain vehicle in accordance with Section 41-6a-1509;]
717          [(iii) a vintage vehicle as defined in Section 41-21-1;]
718          [(iv) a commercial vehicle with a gross vehicle weight rating over 26,000 pounds that:]
719          [(A) is operating with an apportioned registration under Section 41-1a-301; and]
720          [(B) has a valid annual federal inspection that complies with the requirements of 49
721     C.F.R. Sec. 396.17; and]
722          [(v) a trailer, semitrailer, or trailering equipment attached to a commercial motor
723     vehicle described in Subsection (1)(b)(iv) that has a valid annual federal inspection that
724     complies with the requirements of 49 C.F.R. Sec. 396.17.]
725          [(2) Except as provided in Subsection (3), the frequency of the safety inspection shall
726     be determined based on the age of the vehicle determined by model year and shall:]
727          [(a) be required each year for a vehicle that is 10 or more years old on January 1; or]
728          [(b) for each vehicle that is less than 10 years old on January 1, be required in the
729     fourth year and the eighth year;]
730          [(c) be made by a safety inspector certified by the division at a safety inspection station
731     authorized by the division;]
732          [(d) cover an inspection of the motor vehicle mechanism, brakes, and equipment to
733     ensure proper adjustment and condition as required by department rules; and]
734          [(e) include an inspection for the display of license plates in accordance with Section
735     41-1a-404.]
736          [(3) (a) (i)] (1) (a) A salvage vehicle as defined in Section 41-1a-1001 is required to
737     pass a safety inspection when an application is made for initial registration as a salvage vehicle.
738          [(ii) After initial registration as a salvage vehicle, the frequency of the safety inspection
739     shall correspond with the model year, as provided in Subsection (2).]
740          (b) An off-highway vehicle being registered for the first time as a street-legal all-terrain
741     vehicle as described in Section 41-6a-1509 is required to pass a safety inspection when the
742     owner makes the initial application to register the vehicle as a street-legal all-terrain vehicle.
743          [(b)] (c) [Beginning on the date that the Motor Vehicle Division has implemented the
744     Motor Vehicle Division's GenTax system,] The owner of a commercial vehicle, as defined in
745     Section [41-1a-102, with a gross vehicle weight rating of 10,001 pounds or more is required to
746     pass] 72-9-102, shall:
747          (i) ensure that the commercial vehicle passes a safety inspection annually [or comply
748     with Subsection (1)(b)(iv)(B)]; or
749          (ii) provide evidence of a valid annual federal inspection that complies with the
750     requirements of 49 C.F.R. Sec. 396.17.
751          (d) The owner of a vehicle operated by a ground transportation service provider as
752     defined in Section 72-10-601 shall ensure that the vehicle passes a safety inspection annually.
753          (e) An owner of one or more of the following types of vehicles shall ensure that the
754     vehicle passes a safety inspection annually:
755          (i) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
756     multiple axles;
757          (ii) a combination unit;
758          (iii) a bus or van for hire; or
759          (iv) a taxicab.
760          [(4) (a)] (2) A safety inspection station shall issue two safety inspection certificates to
761     the owner of:
762          [(i)] (a) each motor vehicle that passes a safety inspection under this section; and
763          [(ii)] (b) a street-legal all-terrain vehicle that meets all the equipment requirements in
764     Section 41-6a-1509.
765          [(b) A safety inspection station shall use one safety inspection certificate issued under
766     this Subsection (4) for processing the vehicle registration.]
767          [(c) A person operating a motor vehicle shall have in the person's immediate
768     possession a safety inspection certificate or other evidence of compliance with the requirement
769     to obtain a safety inspection under this section.]
770          (3) A person operating a motor vehicle required to have an annual safety inspection
771     shall have in the person's immediate possession a safety inspection certificate or other evidence
772     of compliance.
773          [(5)] (4) The division may[: (a)] authorize the acceptance [in this state] of a safety
774     inspection certificate issued in another state having a safety inspection law similar to [this state;
775     and] Utah's law.
776          [(b) extend the time within which a safety inspection certificate must be obtained by
777     the resident owner of a vehicle that was not in this state during the time a safety inspection was
778     required.]
779          [(6)] (5) A violation of this section is an infraction.
780          Section 15. Section 53-8-206 is amended to read:
781          53-8-206. Safety inspection -- Station requirements -- Permits not transferable --
782     Certificate of inspection -- Fees -- Unused certificates -- Suspension or revocation of
783     permits.
784          (1) The safety inspection required under [Section 53-8-205] this part may only be
785     performed:
786          (a) by a person certified by the division as a safety inspector; and
787          (b) at a safety inspection station with a valid safety inspection station permit issued by
788     the division.
789          (2) (a) A safety inspection station permit may not be assigned, or transferred, or used at
790     any location other than a designated location[, and every].
791          (b) The holder of a safety inspection station permit shall [be posted] post the permit in
792     a conspicuous place at the location designated in the permit.
793          (3) If required by the division, the safety inspector shall keep a record and file a report
794     [shall be made] of every safety inspection and every safety inspection certificate issued.
795          (4) A safety inspection station holding a safety inspection station permit issued by the
796     division may charge a reasonable fee for labor in performing safety inspections, not to exceed:
797          (a) $7 or less for motorcycles and street-legal all-terrain vehicles;
798          (b) unless Subsection (4)(a) or (c) applies, $15 or less for motor vehicles; or
799          (c) $20 or less for 4-wheel drive, split axle, and any motor vehicles that necessitate
800     disassembly of front hub or removal of rear axle for inspection.
801          (5) (a) A safety inspection station may return to the division unused safety inspection
802     certificates in a quantity of 10 or more [and].
803          (b) The division shall [be reimbursed by the division] reimburse the station for the cost
804     of [the] the returned safety inspection certificates.
805          (6) (a) Upon receiving notice of the suspension or revocation of a safety inspection
806     station permit and after the conclusion of any adjudicative proceedings upholding the
807     suspension or revocation, the safety inspection station permit holder shall:
808          (i) immediately terminate all safety inspection activities; and
809          (ii) return all safety inspection certificates and the safety inspection station permit to
810     the division.
811          (b) The division shall issue a receipt for all unused safety inspection certificates.
812          Section 16. Section 53-8-214 is enacted to read:
813          53-8-214. Creation of the Motor Vehicle Safety Impact Restricted Account.
814          (1) There is created a restricted account within the General Fund known as the Motor
815     Vehicle Safety Impact Restricted Account.
816          (2) The account includes:
817          (a) deposits made to the restricted account from registration fees as described in
818     Subsection 41-1a-1201(8);
819          (b) donations or deposits made to the account; and
820          (c) any interest earned on the account.
821          (3) Upon appropriation, the division may use funds in the account to improve motor
822     vehicle safety, mitigate impacts, and enforce safety provisions, including the following:
823          (a) hiring new Highway Patrol troopers;
824          (b) payment of overtime for Highway Patrol troopers; and
825          (c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
826          (4) The division shall annually report to the Executive Offices and Criminal Justice
827     Appropriations Subcommittee to justify expenditures and use of funds in the account.
828          Section 17. Appropriation.
829          The following sums of money are appropriated for the fiscal year beginning July 1,
830     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
831     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
832     Act, the Legislature appropriates the following sums of money from the funds or accounts
833     indicated for the use and support of the government of the state of Utah.
834     ITEM 1
835          To Department of Public Safety -- Programs and Operations
836               From General Fund
($199,800)

837               From General Fund, One-time
$99,900

838               From Department of Public Safety Restricted Account
($684,100)

839               From Department of Public Safety Restricted Account, One-time
$342,100

840               Schedule of Programs:
841                    Highway Patrol -- Safety Inspections          ($441,900)
842     ITEM 2
843          To Department of Public Safety -- Programs and Operations
844               From General Fund
$199,800

845               From General Fund, One-time
($99,900)

846               From Department of Public Safety Restricted Account
$684,100

847               From Department of Public Safety Restricted Account, One-time
($342,100)

848               Schedule of Programs:
849                    Highway Patrol -- Field Operations          $441,900
850          Section 18. Effective date.
851          This bill takes effect on January 1, 2018.