1     
SPECIALIZED LICENSE PLATE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Ken Ivory

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to license plates on apportioned vehicles.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows the division to issue a second license plate to an owner or operator of an
13     apportioned vehicle; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          41-1a-222, as last amended by Laws of Utah 2005, Chapters 217 and 244
22          41-1a-301, as last amended by Laws of Utah 2015, Chapter 412
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 41-1a-222 is amended to read:
26          41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
27          (1) The owner of any intrastate fleet of commercial vehicles which is based in the state
28     may apply to the commission for registration in accordance with this section.
29          (a) The application shall be made on a form prescribed by the commission.
30          (b) Upon payment of required fees and meeting other requirements prescribed by the
31     commission, the division shall issue, to each vehicle for which application has been made, a
32     multiyear license plate and registration card.
33          (i) The license plate decal and the registration card shall bear an expiration date fixed
34     by the division and are valid until ownership of the vehicle to which they are issued is
35     transferred by the applicant or until the expiration date, whichever comes first.
36          (ii) An annual renewal application must be made by the owner if registration
37     identification has been issued on an annual installment fee basis and the required fees must be
38     paid on an annual basis.
39          (iii) License plates and registration cards issued pursuant to this section are valid for an
40     eight-year period, commencing with the year of initial application in this state.
41          (c) When application for registration or renewal is made on an installment payment
42     basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
43     surety, approved by the commission and in an amount equal to the total annual fees required
44     for all vehicles registered to the applicant in accordance with this section.
45          (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
46     the name of the fleet.
47          (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
48     lieu fees otherwise due pursuant to:
49          (a) Section 41-1a-206;
50          (b) Section 41-1a-207;
51          (c) Subsection 41-1a-301[(11)](12);
52          (d) Section 59-2-405.1;
53          (e) Section 59-2-405.2; or
54          (f) Section 59-2-405.3.
55          (4) An owner who fails to comply with the provisions of this section is subject to the
56     penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of
57     the privileges granted in this section.
58          Section 2. Section 41-1a-301 is amended to read:
59          41-1a-301. Apportioned registration and licensing of interstate vehicles.
60          (1) For purposes of this section, "registrant" means an owner or operator of one or
61     more commercial vehicles operating in two or more jurisdictions applying for apportioned
62     registration and licensing of a commercial vehicle.
63          [(1)] (2) (a) An owner or operator of a fleet of commercial vehicles based in this state
64     and operating in two or more jurisdictions may register commercial vehicles for operation
65     under the International Registration Plan or the Uniform Vehicle Registration Proration and
66     Reciprocity Agreement by filing an application with the division.
67          (b) The application shall include information that identifies the vehicle owner, the
68     vehicle, the miles traveled in each jurisdiction, and other information pertinent to the
69     registration of apportioned vehicles.
70          (c) [Vehicles] The division may not grant apportioned registration for vehicles
71     operated exclusively in this state [may not be apportioned].
72          [(2)] (3) (a) If no operations were conducted during the preceding year, in computing
73     fees due:
74          (i) the application shall contain a statement of the proposed operations; and [an
75     estimate of annual mileage for each jurisdiction. (b) The division may adjust the estimate if the
76     division is not satisfied with its correctness.]
77          (ii) the division shall determine fees based on average per vehicle distance
78     requirements under the International Registration Plan.
79          [(c)] (b) At renewal, the registrant shall use the actual mileage from the preceding year
80     in computing fees due each jurisdiction.
81          [(3)] (4) The division shall determine the registration fee for apportioned vehicles
82     [shall be determined] as follows:
83          (a) divide the in-jurisdiction miles by the total miles generated during the preceding
84     year;
85          (b) total the fees for each vehicle based on the fees prescribed in Section 41-1a-1206;
86     and
87          (c) multiply the sum obtained under Subsection [(3)] (4)(b) by the quotient obtained
88     under Subsection [(3)] (4)(a).
89          [(4) Trailers] (5) The registrant may list trailers or semitrailers of apportioned fleets
90     [may be listed] separately as "trailer fleets" on the application, with the fees paid according to
91     the total distance those trailers were towed in all jurisdictions during the preceding year
92     mileage reporting period.
93          [(5)] (6) (a) (i) When the registrant has paid the proper fees [have been paid] and
94     cleared the property tax or in lieu fee [has been cleared] under Section 41-1a-206 or 41-1a-207,
95     the division shall issue a registration card, annual decal, and where necessary, license plate,
96     [will be issued] for each unit listed on the application.
97          (ii) [An] The owner or operator shall carry an original registration [must be carried] in
98     each vehicle at all times.
99          (b) [Original] The owner or operator may carry original registration cards for trailers or
100     semitrailers [may be carried] in the power unit.
101          (c) (i) In lieu of a permanent registration card or license plate, the division may issue
102     one temporary permit authorizing operation of new or unlicensed vehicles until the permanent
103     registration is completed.
104          (ii) Once a temporary permit is issued[, the]:
105          (A) neither the registrant nor the division may cancel the registration process [may not
106     be cancelled. Registration must be completed]; and
107          (B) the division shall complete registration and the registrant shall pay the fees and any
108     property tax or in lieu fee due [must be paid] for the vehicle for which the permit was issued.
109          (iii) [Temporary] The division may not issue temporary permits [may not be issued] for
110     renewals.
111          (d) (i) The division shall issue one distinctive license plate [that displays the letters
112     APP] for apportioned vehicles.
113          (ii) The owner or operator shall display the plate [shall be displayed] on the front of an
114     apportioned truck tractor or power unit or on the rear of any other apportioned vehicle.
115          (iii) [Distinctive] The division shall issue distinctive decals displaying the word
116     "apportioned" and the month and year of expiration [shall be issued] for each apportioned
117     vehicle.
118          (iv) At the request of a registrant of an apportioned vehicle, the division may issue a
119     second license plate, for a total of two, to display on both the front and rear of the apportioned
120     vehicle.
121          (e) [A] The division shall charge a nonrefundable administrative fee, determined by the
122     commission pursuant to Section 63J-1-504, [shall be charged] for each temporary permit,
123     registration, or both.
124          [(6)] (7) Vehicles that are apportionally registered are fully registered for intrastate and
125     interstate movements, providing the registrant has secured proper interstate and intrastate
126     authority [has been secured].
127          [(7) (a) Vehicles] (8) (a) The division shall register vehicles added to an apportioned
128     fleet after the beginning of the registration year [shall be registered] by applying the quotient
129     under Subsection [(3)] (4)(a) for the original application to the fees due for the remainder of the
130     registration year.
131          (b) (i) The owner shall maintain and submit complete annual mileage for each vehicle
132     in each jurisdiction, showing all miles operated by the lessor and lessee.
133          (ii) The fiscal mileage reporting period begins July 1, and continues through June 30 of
134     the year immediately preceding the calendar year in which the registration year begins.
135          (c) (i) An owner-operator, who is a lessor, may [be the registrant and] register the
136     vehicle [may be registered] in the name of the owner-operator.
137          (ii) The identification plates and registration card shall be the property of the lessor and
138     may reflect both the owner-operator's name and that of the carrier as lessee.
139          (iii) The [allocation of fees shall be] division shall allocate the fees according to the
140     operational records of the owner-operator.
141          (d) (i) [The] At the option of the lessor, the lessee may [be the registrant of] register a
142     leased vehicle [at the option of the lessor].
143          (ii) If a lessee is the registrant of a leased vehicle, both the lessor's and lessee's name
144     shall appear on the registration.
145          (iii) The [allocation of fees shall be] division shall allocate the fees according to the
146     records of the carrier.
147          [(8) (a) Any registrant whose]
148          (9) (a) When the division has accepted an application for apportioned registration [has
149     been accepted], the registrant shall preserve the records on which the application is based for a
150     period of three years after the close of the registration year.
151          (b) [The records shall be made available to the division upon] Upon request for audit
152     as to accuracy of computations, payments, and assessments for deficiencies, or allowances for
153     credits, the registrant shall provide the records to the division.
154          (c) [An] The division may not make an assessment for deficiency or claim for credit
155     [may not be made] for any period for which records are no longer required.
156          (d) [Interest] The division may assess interest in the amount prescribed by Section
157     59-1-402 [shall be assessed or paid] from the date due until paid on deficiencies found due
158     after audit.
159          (e) Registrants with deficiencies are subject to the penalties under Section 59-1-401.
160          (f) The division may enter into agreements with other International Registration Plan
161     jurisdictions for joint audits.
162          [(9)] (10) (a) Except as provided in Subsection [(9)] (10)(b), the division shall deposit
163     all state fees collected under this section [shall be deposited] in the Transportation Fund.
164          (b) The commission may use the following fees [may be used by the commission] as a
165     dedicated credit to cover the costs of electronic credentialing as provided in Section 41-1a-303:
166          (i) $5 of each temporary registration permit fee paid under Subsection [(12)] (13)(a)(i)
167     for a single unit; and
168          (ii) $10 of each temporary registration permit fee paid under Subsection [(12)]
169     (13)(a)(ii) for multiple units.
170          [(10)] (11) If registration is for less than a full year, the division shall assess fees for
171     apportioned registration [shall be assessed] according to Section 41-1a-1207.
172          (a) (i) If the registrant is replacing a vehicle for one withdrawn from the fleet and the
173     new vehicle is of the same weight category as the replaced vehicle, the registrant [must] shall
174     file a supplemental application.
175          [(ii) A registration card that transfers the license plate to the new vehicle shall be
176     issued.]
177          [(iii) When a replacement vehicle is of greater weight than the replaced vehicle,
178     additional registration fees are due.]
179          (ii) If the registrant is replacing a vehicle for one withdrawn from the fleet and the new
180     vehicle is heavier than the replaced vehicle, the division shall assess additional registration
181     fees.
182          (iii) If the registrant is replacing a vehicle for one withdrawn from the fleet, the
183     division shall issue a new registration card.
184          (b) If a vehicle is withdrawn from an apportioned fleet during the period for which it is
185     registered, the registrant shall notify the division and surrender the registration card and license
186     plate of the withdrawn vehicle.
187          [(11)] (12) (a) An out-of-state carrier with an apportionally registered vehicle who has
188     not presented a certificate of property tax or in lieu fee as required by Section 41-1a-206 or
189     41-1a-207, shall pay, at the time of registration, a proportional part of an equalized highway
190     use tax computed as follows:
191          (i) Multiply the number of vehicles or combination vehicles registered in each weight
192     class by the equivalent tax figure from the following tables:
193      Vehicle or Combination
Registered Weight
Age of Vehicle
Equivalent Tax
194      12,000 pounds or less12 or more years$10
195      12,000 pounds or less9 or more years but less than 12 years$50
196      12,000 pounds or less6 or more years but less than 9 years$80
197      12,000 pounds or less3 or more years but less than 6 years$110
198      12,000 pounds or lessLess than 3 years$150
199      Vehicle or Combination
Registered Weight		Equivalent
Tax
200      12,001 - 18,000 pounds$150
201      18,001 - 34,000 pounds 200
202      34,001 - 48,000 pounds 300
203      48,001 - 64,000 pounds 450
204      64,001 pounds and over 600
205          (ii) Multiply the equivalent tax value for the total fleet determined under Subsection
206     [(11)] (12)(a)(i) by the fraction computed under Subsection [(3)] (4) for the apportioned fleet
207     for the registration year.
208          (b) [Fees shall be assessed] For registration described in Subsection (12)(a), the
209     division shall assess fees as provided in Section 41-1a-1207.
210          [(12)] (13) (a) Commercial vehicles meeting the registration requirements of another
211     jurisdiction may, as an alternative to full or apportioned registration, secure a temporary
212     registration permit for a period not to exceed 96 hours or until they leave the state, whichever is
213     less, for a fee of:
214          (i) $25 for a single unit; and
215          (ii) $50 for multiple units.
216          (b) A state temporary permit or registration fee is not required from nonresident owners
217     or operators of vehicles or combination of vehicles having a gross laden weight of 26,000
218     pounds or less for each single unit or combination.
219          [(13) A] (14) The division may not register a park model recreational vehicle [may not
220     be registered] under this section.
221          [(14)] (15) A violation of this section is an infraction.
222