1     
VEHICLE INSPECTION AND REGISTRATION

2     
AMENDMENTS

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jacob L. Anderegg

6     
House Sponsor: A. Cory Maloy

7     

8     LONG TITLE
9     General Description:
10          This bill provides exemptions for certain infractions related to vehicle registration,
11     safety inspection, and emissions inspection requirements.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides exemptions from infractions related to vehicle registration, safety
15     inspection, and emissions inspection requirements; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          41-1a-201, as last amended by Laws of Utah 2015, Chapter 412
24          41-1a-205, as last amended by Laws of Utah 2015, Chapter 412
25          41-6a-1601, as last amended by Laws of Utah 2015, Chapter 412
26          53-8-205, as last amended by Laws of Utah 2015, Chapter 412
27          53-8-209, as last amended by Laws of Utah 2016, Chapter 303
28     


29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 41-1a-201 is amended to read:
31          41-1a-201. Function of registration -- Registration required -- Penalty.
32          (1) Unless exempted, a person may not operate and an owner may not give another
33     person permission to operate a motor vehicle, combination of vehicles, trailer, semitrailer,
34     vintage vehicle, off-highway vehicle, vessel, or park model recreational vehicle in this state
35     unless it has been registered in accordance with this chapter, Title 41, Chapter 22,
36     Off-Highway Vehicles, or Title 73, Chapter 18, State Boating Act.
37          (2) [A] Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
38          Section 2. Section 41-1a-205 is amended to read:
39          41-1a-205. Safety inspection certificate required for renewal or registration of
40     motor vehicle -- Exemptions.
41          (1) If required in the current year, a safety inspection certificate, as required by Section
42     53-8-205, or proof of exemption from safety inspection shall be presented at the time of, and as
43     a condition of, registration or renewal of registration of a motor vehicle.
44          (2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
45     required under this section may be made no more than two months prior to the renewal of
46     registration.
47          (b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
48     certificate issued for the motor vehicle during the previous 11 months may be used to satisfy
49     the requirement under Subsection (1).
50          (ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
51     inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
52     dealer's name during the previous 11 months may be used to satisfy the requirement under
53     Subsection (1).
54          (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
55     safety inspection certificate issued during the previous 11 months may be used to satisfy the

56     requirement under Subsection (1).
57          (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
58     required under this section may be made no more than 11 months prior to the renewal of
59     registration.
60          (e) If the application for renewal of registration is for a six-month registration period
61     under Section 41-1a-215.5, a safety inspection certificate issued during the previous eight
62     months may be used to satisfy the requirement under Subsection (1).
63          (3) (a) The following motor vehicles are exempt from this section:
64          (i) except as provided in Subsection (3)(b), a new motor vehicle when registered the
65     first time, if:
66          (A) a new car predelivery inspection has been made by a dealer;
67          (B) the dealer provides a written disclosure statement listing any known deficiency,
68     existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
69     to fail a safety inspection given in accordance with Section 53-8-205; and
70          (C) the buyer signs the disclosure statement to acknowledge that the buyer has read and
71     understands the listed deficiencies;
72          (ii) a motor vehicle required to be registered under this chapter that bears a dealer plate
73     or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except
74     that if the motor vehicle is propelled by its own power and is not being moved for repair or
75     dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding safe
76     mechanical condition; and
77          (iii) a vintage vehicle as defined in Section 41-21-1.
78          (b) A street-legal all-terrain vehicle registered in accordance with Section 41-6a-1509
79     is subject to a safety inspection:
80          (i) the first time that a person registers an off-highway vehicle as a street-legal
81     all-terrain vehicle; and
82          (ii) subsequently, on the same frequency as described in Subsection 53-8-205(2) based

83     on the age of the vehicle as determined by the model year identified by the manufacturer.
84          (4) (a) A safety inspection certificate shall be displayed on:
85          (i) all registered commercial motor vehicles with a gross vehicle weight rating of
86     26,000 pounds or more;
87          (ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
88     multiple axles;
89          (iii) a combination unit; and
90          (iv) a bus or van for hire.
91          (b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
92     Subsection (1).
93          (5) A motor vehicle may be sold and the title assigned to the new owner without a
94     valid safety inspection, but the motor vehicle may not be registered in the new owner's name
95     until the motor vehicle complies with this section.
96          (6) [A] Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
97          Section 3. Section 41-6a-1601 is amended to read:
98          41-6a-1601. Operation of unsafe or improperly equipped vehicles on public
99     highways -- Exceptions.
100          (1) (a) A person may not operate or move and an owner may not cause or knowingly
101     permit to be operated or moved on a highway a vehicle or combination of vehicles which:
102          (i) is in an unsafe condition that may endanger any person;
103          (ii) does not contain those parts or is not at all times equipped with lamps and other
104     equipment in proper condition and adjustment as required in this chapter;
105          (iii) is equipped in any manner in violation of this chapter; or
106          (iv) emits pollutants in excess of the limits allowed under the rules of the Air Quality
107     Board created under Title 19, Chapter 2, Air Conservation Act, or under rules made by local
108     health departments.
109          (b) A person may not do any act forbidden or fail to perform any act required under this

110     chapter.
111          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
112     and in coordination with the rules made under Section 53-8-204, the department shall make
113     rules setting minimum standards covering the design, construction, condition, and operation of
114     vehicle equipment for safely operating a motor vehicle on the highway as required under this
115     part.
116          (b) The rules under Subsection (2)(a):
117          (i) shall conform as nearly as practical to Federal Motor Vehicle Safety Standards and
118     Regulations;
119          (ii) may incorporate by reference, in whole or in part, the federal standards under
120     Subsection (2)(b)(i) and nationally recognized and readily available standards and codes on
121     motor vehicle safety;
122          (iii) shall include provisions for the issuance of a permit under Section 41-6a-1602;
123          (iv) shall include standards for the emergency lights of authorized emergency vehicles;
124          (v) may provide standards and specifications applicable to lighting equipment on
125     school buses consistent with:
126          (A) this part;
127          (B) federal motor vehicle safety standards; and
128          (C) current specifications of the Society of Automotive Engineers;
129          (vi) shall provide procedures for the submission, review, approval, disapproval,
130     issuance of an approval certificate, and expiration or renewal of approval of any part as
131     required under Section 41-6a-1620;
132          (vii) shall establish specifications for the display or etching of a vehicle identification
133     number on a vehicle;
134          (viii) shall establish specifications in compliance with this part for a flare, fusee,
135     electric lantern, warning flag, or portable reflector used in compliance with this part;
136          (ix) shall establish approved safety and law enforcement purposes when video display

137     is visible to the motor vehicle operator; and
138          (x) shall include standards and specifications for both original equipment and parts
139     included when a vehicle is manufactured and aftermarket equipment and parts included after
140     the original manufacture of a vehicle.
141          (c) The following standards and specifications for vehicle equipment are adopted:
142          (i) 49 C.F.R. 571.209 related to safety belts;
143          (ii) 49 C.F.R. 571.213 related to child restraint devices;
144          (iii) 49 C.F.R. 393, 396, and 396 Appendix G related to commercial motor vehicles
145     and trailers operated in interstate commerce;
146          (iv) 49 C.F.R. 571 Standard 108 related to lights and illuminating devices; and
147          (v) 40 C.F.R. 82.30 through 82.42 and Part 82, Subpart B, Appendix A and B related
148     to air conditioning equipment.
149          (3) Nothing in this chapter or the rules made by the department prohibit:
150          (a) equipment required by the United States Department of Transportation; or
151          (b) the use of additional parts and accessories on a vehicle not inconsistent with the
152     provisions of this chapter or the rules made by the department.
153          (4) Except as specifically made applicable, the provisions of this chapter and rules of
154     the department with respect to equipment required on vehicles do not apply to:
155          (a) implements of husbandry;
156          (b) road machinery;
157          (c) road rollers;
158          (d) farm tractors;
159          (e) motorcycles;
160          (f) motor-driven cycles;
161          (g) vehicles moved solely by human power;
162          (h) off-highway vehicles registered under Section 41-22-3 either:
163          (i) on a highway designated as open for off-highway vehicle use; or

164          (ii) in the manner prescribed by Subsections 41-22-10.3(1) through (3); or
165          (i) off-highway implements of husbandry when operated in the manner prescribed by
166     Subsections 41-22-5.5(3) through (5).
167          (5) The vehicles referred to in Subsections (4)(h) and (i) are subject to the equipment
168     requirements of Title 41, Chapter 22, Off-Highway Vehicles, and the rules made under that
169     chapter.
170          (6) (a) (i) Except as provided in Subsection (6)(a)(ii), a federal motor vehicle safety
171     standard supersedes any conflicting provision of this chapter.
172          (ii) Federal motor vehicle safety standards do not supersede the provisions of Section
173     41-6a-1509 governing the requirements for and use of street-legal all-terrain vehicles on
174     highways.
175          (b) The department:
176          (i) shall report any conflict found under Subsection (6)(a) to the appropriate
177     committees or officials of the Legislature; and
178          (ii) may adopt a rule to replace the superseded provision.
179          (7) [A] Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
180          Section 4. Section 53-8-205 is amended to read:
181          53-8-205. Safety inspection required -- Frequency of safety inspection -- Safety
182     inspection certificate required -- Out-of-state permits.
183          (1) (a) Except as provided in Subsection (1)(b), a person may not operate on a highway
184     a motor vehicle required to be registered in this state unless the motor vehicle has passed a
185     safety inspection if required in the current year.
186          (b) Subsection (1)(a) does not apply to:
187          (i) a vehicle that is exempt from registration under Section 41-1a-205;
188          (ii) an off-highway vehicle, unless the off-highway vehicle is being registered as a
189     street-legal all-terrain vehicle in accordance with Section 41-6a-1509;
190          (iii) a vintage vehicle as defined in Section 41-21-1;

191          (iv) a commercial vehicle with a gross vehicle weight rating over 26,000 pounds that:
192          (A) is operating with an apportioned registration under Section 41-1a-301; and
193          (B) has a valid annual federal inspection that complies with the requirements of 49
194     C.F.R. Sec. 396.17; and
195          (v) a trailer, semitrailer, or trailering equipment attached to a commercial motor vehicle
196     described in Subsection (1)(b)(iv) that has a valid annual federal inspection that complies with
197     the requirements of 49 C.F.R. Sec. 396.17.
198          (2) Except as provided in Subsection (3), the frequency of the safety inspection shall be
199     determined based on the age of the vehicle determined by model year and shall:
200          (a) be required each year for a vehicle that is 10 or more years old on January 1; or
201          (b) for each vehicle that is less than 10 years old on January 1, be required in the fourth
202     year and the eighth year;
203          (c) be made by a safety inspector certified by the division at a safety inspection station
204     authorized by the division;
205          (d) cover an inspection of the motor vehicle mechanism, brakes, and equipment to
206     ensure proper adjustment and condition as required by department rules; and
207          (e) include an inspection for the display of license plates in accordance with Section
208     41-1a-404.
209          (3) (a) (i) A salvage vehicle as defined in Section 41-1a-1001 is required to pass a
210     safety inspection when an application is made for initial registration as a salvage vehicle.
211          (ii) After initial registration as a salvage vehicle, the frequency of the safety inspection
212     shall correspond with the model year, as provided in Subsection (2).
213          (b) Beginning on the date that the Motor Vehicle Division has implemented the Motor
214     Vehicle Division's GenTax system, a commercial vehicle as defined in Section 41-1a-102 with
215     a gross vehicle weight rating of 10,001 pounds or more is required to pass a safety inspection
216     annually or comply with Subsection (1)(b)(iv)(B).
217          (4) (a) A safety inspection station shall issue two safety inspection certificates to the

218     owner of:
219          (i) each motor vehicle that passes a safety inspection under this section; and
220          (ii) a street-legal all-terrain vehicle that meets all the equipment requirements in
221     Section 41-6a-1509.
222          (b) A safety inspection station shall use one safety inspection certificate issued under
223     this Subsection (4) for processing the vehicle registration.
224          (c) A person operating a motor vehicle shall have in the person's immediate possession
225     a safety inspection certificate or other evidence of compliance with the requirement to obtain a
226     safety inspection under this section.
227          (5) The division may:
228          (a) authorize the acceptance in this state of a safety inspection certificate issued in
229     another state having a safety inspection law similar to this state; and
230          (b) extend the time within which a safety inspection certificate must be obtained by the
231     resident owner of a vehicle that was not in this state during the time a safety inspection was
232     required.
233          (6) [A] Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
234          Section 5. Section 53-8-209 is amended to read:
235          53-8-209. Inspection by officers -- Certificate of inspection.
236          (1) A peace officer may stop, inspect, and test a vehicle at any time upon reasonable
237     cause to believe that:
238          (a) a vehicle is unsafe or not equipped as required by law; or
239          (b) [that its] the vehicle's equipment is not in proper adjustment or repair.
240          (2) (a) (i) If a vehicle is found to be in unsafe condition or any required part or
241     equipment is not present or is not in proper repair and adjustment, the officer [shall] may give a
242     written notice to the driver and shall send a copy to the division.
243          (ii) The notice shall:
244          (A) require that the vehicle be placed in safe condition and [its] the vehicle's equipment

245     in proper repair and adjustment;
246          (B) specify the repairs and adjustments needed; and
247          (C) require that a safety inspection certificate be obtained within five days.
248          (b) If a vehicle is, in the reasonable judgment of the peace officer, hazardous to
249     operate, the peace officer may require that the vehicle:
250          (i) not be operated under its own power; or
251          (ii) be driven to the nearest garage or other place of safety.
252          (c) (i) If the owner or driver does not comply with the notice requirements and secure a
253     safety inspection certificate within five days, the vehicle may not be operated on the highways
254     of this state.
255          (ii) A violation of Subsection (2)(c)(i) is an infraction.
256          (3) An owner or driver of a vehicle is not guilty of an infraction and is not required to
257     pay a fee or fine if the citation was issued for:
258          (a) expired registration in violation of Section 41-1a-201, and:
259          (i) the citation was issued within two months after the expiration of the vehicle's
260     registration; and
261          (ii) the owner or driver registers the vehicle within 14 days after the citation was
262     issued; or
263          (b) a violation of Section 41-1a-205, 41-6a-1601, or 53-8-205 or any other equipment
264     related infraction under Title 41, Chapter 6a, Part 16, Vehicle Equipment, and the owner or
265     driver obtains a safety inspection, emissions inspection, or proof of repair, as applicable, within
266     14 days after the citation was issued.