7 Walt Brooks
8 Kay J. Christofferson
9 Kim F. Coleman
10 Steve Eliason
Justin L. Fawson
Timothy D. Hawkes
Michael S. Kennedy
Val L. Peterson
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;
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,
32 ▸ to the Department of Public Safety -- Programs and Operations as a one-time
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
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:
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
61 53-8-214, Utah Code Annotated 1953
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:
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
107 (1) Except as otherwise provided, [
109 (a) obtain an identification number inspection under Section 41-1a-204;
113 provided under Section 41-6a-1642;
115 Section 41-1a-206 or 41-1a-207;
124 (2) In addition to the requirements in Subsection (1), an owner [
125 that has not been previously registered or that is currently registered under a previous owner's
126 name shall [
128 (3) [
129 registration renewal under Section 73-18-7 [
130 that is subject to [
131 the process of being issued in the same owner's name.
132 (4) [
133 registration renewal under Section 41-22-3 [
134 is subject to [
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.
177 41-6a-1509 is subject to a safety inspection[
178 off-highway vehicle as a street-legal all-terrain vehicle[
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.
187 with multiple axles;
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.
199 Section 4. Section 41-1a-217 is amended to read:
200 41-1a-217. Application for renewal of registration.
201 (1) [
203 (a) filing an application for registration renewal; and [
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 [
208 if required under Section 41-6a-1642.
209 (3) The division shall issue a new registration card [
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[
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
226 (2) Except as provided in Subsections (3), (6), [
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
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) and
268 (b) for each vehicle registered for a six-month registration period under Section 41-1a-215.5
269 shall be deposited into the Motor Vehicle Safety Impact Restricted Account created in Section
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) [
277 (b) [
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) [
298 (b) [
299 weight, excluding motorcycles.
300 (3) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
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) [
332 with this chapter may not issue a temporary permit for a motor vehicle under Section 41-3-302
338 Section 41-6a-1642.
343 (2) A dealer may issue a temporary permit without proof of an [
344 inspection if:
345 (a) the motor vehicle is exempt from [
347 (b) the purchaser is a resident of a county that does not require [
348 inspections; or
349 (c) the motor vehicle is otherwise exempt from [
351 (3) A dealer may sell a motor vehicle as is without [
353 permit [
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
370 Safety Belt Usage Act.
371 (2) (a) [
373 (i) complies with federal safety standards established in 49 C.F.R. 571.500; and [
375 (ii) is equipped with:
380 side and as far to the rear of the vehicle as practical;
383 device for cleaning rain, snow, or other moisture from the windshield; and
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
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) [
438 being operated as a street-legal ATV shall [
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
450 (ix) a muffler and emission control system that meets the requirements of Section
452 (x) rearview mirrors on the right and left side of the driver in accordance with Section
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) [
464 all-terrain vehicle shall [
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
476 (ix) a muffler and emission control system that meets the requirements of Section
478 (x) rearview mirrors on the right and left side of the driver in accordance with Section
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) [
489 equip the vehicle with wheel covers, mudguards, flaps, or splash aprons.
490 (4) (a) Subject to the [
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 [
510 off-highway vehicle from operating the off-highway vehicle in accordance with Section
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 [
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.
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
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
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
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.
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 [
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.
737 pass a safety inspection when an application is made for initial registration as a salvage vehicle.
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.
745 Section [
747 (i) ensure that the commercial vehicle passes a safety inspection annually [
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.
761 the owner of:
764 Section 41-6a-1509.
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.
774 inspection certificate issued in another state having a safety inspection law similar to [
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
784 (1) The safety inspection required under [
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[
791 (b) The holder of a safety inspection station permit shall [
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
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 [
803 (b) The division shall [
804 of [
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
837 From General Fund, One-time
838 From Department of Public Safety Restricted Account
839 From Department of Public Safety Restricted Account, One-time
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
845 From General Fund, One-time
846 From Department of Public Safety Restricted Account
847 From Department of Public Safety Restricted Account, One-time
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.