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7 LONG TITLE
8 General Description:
9 This bill addresses motor vehicle safety inspection requirements.
10 Highlighted Provisions:
11 This bill:
12 ▸ enacts requirements that certain vehicles obtain a safety inspection certificate in
13 order to be registered and to operate on a highway; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 13-51-107, as last amended by Laws of Utah 2020, Chapters 276 and 377
22 41-1a-203, as last amended by Laws of Utah 2019, Chapter 479
23 41-1a-205, as last amended by Laws of Utah 2017, Chapters 149 and 406
24 41-1a-217, as last amended by Laws of Utah 2017, Chapter 406
25 41-1a-226, as last amended by Laws of Utah 2017, Chapter 406
26 41-3-303, as last amended by Laws of Utah 2017, Chapter 406
27 41-6a-1508, as last amended by Laws of Utah 2017, Chapter 406
28 41-6a-1509, as last amended by Laws of Utah 2019, Chapter 421
29 53-8-205, as last amended by Laws of Utah 2017, Chapters 149 and 406
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 13-51-107 is amended to read:
33 13-51-107. Driver requirements.
34 (1) Before a transportation network company allows an individual to use the
35 transportation network company's software application as a transportation network driver, the
36 transportation network company shall:
37 (a) require the individual to submit to the transportation network company:
38 (i) the individual's name, address, and age;
39 (ii) a copy of the individual's driver license, including the driver license number; and
40 (iii) proof that the vehicle that the individual will use to provide transportation network
41 services is registered with the Division of Motor Vehicles;
42 (b) require the individual to consent to a criminal background check of the individual
43 by the transportation network company or the transportation network company's designee; and
44 (c) obtain and review a report that lists the individual's driving history.
45 (2) A transportation company may not allow an individual to provide transportation
46 network services as a transportation network driver if the individual:
47 (a) has committed more than three moving violations in the three years before the day
48 on which the individual applies to become a transportation network driver;
49 (b) has been convicted, in the seven years before the day on which the individual
50 applies to become a transportation network driver, of:
51 (i) driving under the influence of alcohol or drugs;
52 (ii) fraud;
53 (iii) a sexual offense;
54 (iv) a felony involving a motor vehicle;
55 (v) a crime involving property damage;
56 (vi) a crime involving theft;
57 (vii) a crime of violence; or
58 (viii) an act of terror;
59 (c) is required to register as a sex offender in accordance with Title 77, Chapter 41, Sex
60 and Kidnap Offender Registry;
61 (d) does not have a valid Utah driver license; or
62 (e) is not at least 18 years [
63 (3) (a) A transportation network company shall prohibit a transportation network driver
64 from accepting a request for a prearranged ride if the motor vehicle that the transportation
65 network driver uses to provide transportation network services fails to comply with:
66 (i) equipment standards described in Section 41-6a-1601; [
67 (ii) emission requirements adopted by a county under Section 41-6a-1642[
68 (iii) safety inspection requirements described in Section 53-8-205.
69 (b) (i) If upon visual inspection, a defect relating to the equipment standards described
70 in Section 41-6a-1601 can be reasonably identified, an airport operator may perform a safety
71 inspection of a transportation network driver's vehicle operating within the airport to ensure
72 compliance with equipment standards described in Section 41-6a-1601.
73 (ii) An airport operator shall conduct all inspections under this Subsection (3) in such a
74 manner to minimize impact to the transportation network driver's and transportation network
75 company vehicle's availability to provide prearranged rides.
76 (4) A transportation network driver, while providing transportation network services,
77 shall carry proof, in physical or electronic form, that the transportation network driver is
78 covered by insurance that satisfies the requirements of Section 13-51-108.
79 Section 2. Section 41-1a-203 is amended to read:
80 41-1a-203. Prerequisites for registration, transfer of ownership, or registration
81 renewal.
82 (1) Except as otherwise provided, before registration of a vehicle, an owner shall:
83 (a) obtain an identification number inspection under Section 41-1a-204;
84 (b) obtain a certificate of emissions inspection, if required in the current year, as
85 provided under Section 41-6a-1642;
86 (c) obtain a safety inspection certificate, if required in the current year, as provided
87 under Sections 41-1a-205 and 53-8-205;
88 [
89 Section 41-1a-206 or 41-1a-207;
90 [
91 [
92 [
93 applicable;
94 [
95 [
96 and
97 [
98 (2) In addition to the requirements in Subsection (1), an owner of a vehicle that has not
99 been previously registered or that is currently registered under a previous owner's name shall
100 apply for a valid certificate of title in the owner's name before registration.
101 (3) The division may not issue a new registration, transfer of ownership, or registration
102 renewal under Section 73-18-7 for a vessel or outboard motor that is subject to this chapter
103 unless a certificate of title has been or is in the process of being issued in the same owner's
104 name.
105 (4) The division may not issue a new registration, transfer of ownership, or registration
106 renewal under Section 41-22-3 for an off-highway vehicle that is subject to this chapter unless
107 a certificate of title has been or is in the process of being issued in the same owner's name.
108 (5) The division may not issue a registration renewal for a motor vehicle if the division
109 has received a hold request for the motor vehicle for which a registration renewal has been
110 requested as described in:
111 (a) Section 72-1-213.1; or
112 (b) Section 72-6-118.
113 Section 3. Section 41-1a-205 is amended to read:
114 41-1a-205. Safety inspection certificate required for motor vehicles and
115 street-legal ATVs and salvage vehicles.
116 [
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119 [
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121 (1) A safety inspection certificate, as required by Section 53-8-205, or proof of
122 exemption from safety inspection shall be presented at the time of, and as a condition of,
123 registration or renewal of registration of a motor vehicle if a safety inspection is required in the
124 current year for the motor vehicle.
125 (2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
126 required under this section may be made no more than two months before the renewal of
127 registration.
128 (b) (i) Except as provided in Subsection (2)(b)(ii), if the title of a used motor vehicle is
129 being transferred, a safety inspection certificate issued for the motor vehicle during the
130 previous two months may be used to satisfy the requirement under Subsection (1).
131 (ii) If the transferor under Subsection (2)(b)(i) is a licensed and bonded used motor
132 vehicle dealer, a safety inspection certificate issued for the motor vehicle in a licensed and
133 bonded motor vehicle dealer's name during the previous six months may be used to satisfy the
134 requirement under Subsection (1).
135 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
136 safety inspection certificate issued during the previous six months may be used to satisfy the
137 requirement under Subsection (1).
138 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
139 required under this section may be made no more than 11 months before the renewal of
140 registration.
141 (3) A street-legal all-terrain vehicle registered in accordance with Section 41-6a-1509
142 is subject to a safety inspection:
143 (a) the first time that a person registers an off-highway vehicle as a street-legal
144 all-terrain vehicle; and
145 (b) with the same frequency as described in Subsection 53-8-205(2) based on the age
146 of the vehicle as determined by the model year identified by the manufacturer.
147 [
148 (a) all registered commercial vehicles as defined in Section 72-9-102;
149 (b) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
150 multiple axles;
151 (c) a combination unit;
152 (d) a bus or van for hire;
153 (e) a taxicab; and
154 (f) a motor vehicle operated by a ground transportation service provider as defined in
155 Section 72-10-601.
156 (5) (a) A motor vehicle may be sold and the title assigned to the new owner without a
157 valid safety inspection.
158 (b) A motor vehicle may not be registered in the new owner's name until the motor
159 vehicle complies with this section.
160 [
161 (7) The following motor vehicles are exempt from this section:
162 (a) a new motor vehicle registered the first time if:
163 (i) a new motor vehicle predelivery inspection has been made by a dealer;
164 (ii) the dealer provides a written disclosure statement listing any known deficiency of
165 the motor vehicle existing at the time of delivery that would cause the motor vehicle to fail a
166 safety inspection given in accordance with Section 53-8-205; and
167 (iii) the buyer signs the disclosure statement to acknowledge that the buyer has read
168 and understands the listed deficiency;
169 (b) a motor vehicle required to be registered under this chapter that bears a dealer plate
170 or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except
171 that, if the motor vehicle is propelled by the motor vehicle's own power and is not being moved
172 for repair or dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding
173 the safe condition of a motor vehicle; and
174 (c) a vintage vehicle as defined in Section 41-21-1.
175 Section 4. Section 41-1a-217 is amended to read:
176 41-1a-217. Application for renewal of registration.
177 (1) An applicant may renew a vehicle registration by:
178 (a) filing an application for registration renewal; and
179 (b) paying the fees or taxes required under Subsection 41-1a-203(1).
180 (2) The applicant shall ensure that the application for registration renewal and the
181 payment for applicable fees or taxes is accompanied by:
182 (a) a certificate of emissions inspection if required under Section 41-6a-1642[
183 (b) a safety inspection certificate if required under Section 41-1a-205.
184 (3) The division shall issue a new registration card that contains:
185 (a) the identical information with respect to the owner and the vehicle description
186 required by Section 41-1a-213; and
187 (b) the new expiration date.
188 Section 5. Section 41-1a-226 is amended to read:
189 41-1a-226. Vintage vehicle -- Signed statement -- Registration.
190 (1) The owner of a vintage vehicle who applies for registration under this part shall
191 provide a signed statement that the vintage vehicle:
192 (a) is owned and operated for the purposes described in Section 41-21-1; and
193 (b) is safe to operate on the highways of this state as described in Section 41-21-4.
194 (2) The signed statement described in Subsection (1) is in lieu of:
195 (a) an emissions inspection, from which a vintage vehicle is exempt under Subsection
196 41-6a-1642(4)[
197 (b) a safety inspection, from which a vintage vehicle is exempt under Subsection
198 41-1a-205(7).
199 Section 6. Section 41-3-303 is amended to read:
200 41-3-303. Temporary permits -- Inspections required before issuance.
201 (1) Except as provided in Subsections (2) [
202 accordance with this chapter may not issue a temporary permit for a motor vehicle under
203 Section 41-3-302 unless:
204 (a) the motor vehicle passed an emissions inspection test if required by Section
205 41-6a-1642[
206 (b) (i) the motor vehicle for which the temporary permit is issued has received and
207 passed the safety inspection, if required in the current year under Section 53-8-205, within the
208 previous 11 months;
209 (ii) the safety inspection certificate was issued in the name of a licensed and bonded
210 dealer; and
211 (iii) a copy of the safety inspection certificate is given to the customer.
212 (2) A dealer may issue a temporary permit without a safety inspection certificate if the
213 motor vehicle complies with the safety inspection as provided in Section 41-1a-205.
214 [
215 inspection if:
216 (a) the motor vehicle is exempt from an emissions inspection under Section
217 41-6a-1642;
218 (b) the purchaser is a resident of a county that does not require emissions inspections;
219 or
220 (c) the motor vehicle is otherwise exempt from emissions inspections.
221 [
222 inspection if the dealer does not issue a temporary permit.
223 Section 7. Section 41-6a-1508 is amended to read:
224 41-6a-1508. Low-speed vehicle.
225 (1) Except as otherwise provided in this section, a low-speed vehicle is considered a
226 motor vehicle for purposes of the Utah Code including requirements for:
227 (a) traffic rules under Title 41, Chapter 6a, Traffic Code;
228 (b) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
229 (c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
230 Motor Vehicle Owners and Operators Act;
231 (d) vehicle registration, titling, vehicle identification numbers, license plates, and
232 registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
233 (e) vehicle taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act, and
234 fee in lieu of property taxes or in lieu fees under Section 59-2-405;
235 (f) motor vehicle dealer licensing under Title 41, Chapter 3, Motor Vehicle Business
236 Regulation Act; [
237 (g) motor vehicle safety inspection requirements under Section 53-8-205; and
238 [
239 (2) (a) The owner of a low-speed vehicle shall ensure that the low-speed vehicle:
240 (i) complies with federal safety standards established in 49 C.F.R. 571.500; and
241 (ii) is equipped with:
242 (A) headlamps;
243 (B) front and rear turn signals, tail lamps, and stop lamps;
244 (C) turn signal lamps;
245 (D) reflex reflectors one on the rear of the vehicle and one on the left and right side and
246 as far to the rear of the vehicle as practical;
247 (E) a parking brake;
248 (F) a windshield that meets the standards under Section 41-6a-1635, including a device
249 for cleaning rain, snow, or other moisture from the windshield; and
250 (G) an exterior rearview mirror on the driver's side and either an interior rearview
251 mirror or an exterior rearview mirror on the passenger side.
252 (b) A low-speed vehicle that complies with this Subsection (2) and Subsection (3) and
253 that is not altered from the manufacturer is considered to comply with equipment requirements
254 under Part 16, Vehicle Equipment.
255 (3) A person may not operate a low-speed vehicle that has been structurally altered
256 from the original manufacturer's design.
257 (4) A low-speed vehicle is exempt from a motor vehicle emissions inspection and
258 maintenance program requirements under Section 41-6a-1642.
259 (5) (a) Except to cross a highway at an intersection, a low-speed vehicle may not be
260 operated on a highway with a posted speed limit of more than 35 miles per hour.
261 (b) In addition to the restrictions under Subsection (5)(a), a highway authority, may
262 prohibit or restrict the operation of a low-speed vehicle on any highway under its jurisdiction, if
263 the highway authority determines the prohibition or restriction is necessary for public safety.
264 (6) A person may not operate a low-speed vehicle on a highway without displaying on
265 the rear of the low-speed vehicle, a slow-moving vehicle identification emblem that complies
266 with the Society of Automotive Engineers standard SAE J943.
267 (7) A person who violates Subsection (2), (3), (5), or (6) is guilty of an infraction.
268 Section 8. Section 41-6a-1509 is amended to read:
269 41-6a-1509. Street-legal all-terrain vehicle -- Operation on highways --
270 Registration and licensing requirements -- Equipment requirements.
271 (1) (a) Except as provided in Subsection (1)(b), an individual may operate an all-terrain
272 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that meets the
273 requirements of this section as a street-legal ATV on a street or highway.
274 (b) An individual may not operate an all-terrain type I vehicle, all-terrain type II
275 vehicle, or all-terrain type III vehicle as a street-legal ATV on a highway if:
276 (i) the highway is an interstate system as defined in Section 72-1-102; or
277 (ii) the highway is in a county of the first class and both of the following criterion is
278 met:
279 (A) the highway is near a grade separated portion of the highway; and
280 (B) the highway has a posted speed limit higher than 50 miles per hour.
281 (c) Nothing in this section authorizes the operation of a street-legal ATV in an area that
282 is not open to motor vehicle use.
283 (2) A street-legal ATV shall comply with Section 59-2-405.2, Subsection
284 41-1a-205[
285 (a) a motorcycle for:
286 (i) traffic rules under Title 41, Chapter 6a, Traffic Code;
287 (ii) titling, odometer statement, vehicle identification, license plates, and registration,
288 excluding registration fees, under Title 41, Chapter 1a, Motor Vehicle Act; and
289 (iii) the county motor vehicle emissions inspection and maintenance programs under
290 Section 41-6a-1642;
291 (b) a motor vehicle for:
292 (i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; [
293 (ii) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
294 Motor Vehicle Owners and Operators Act; and
295 (iii) safety inspection requirements as described in Title 53, Chapter 8, Part 2, Motor
296 Vehicle Safety Inspection Act, except that a street-legal ATV shall be subject to a safety
297 inspection in accordance with Subsection 41-1a-205(3); and
298 (c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under Title
299 41, Chapter 22, Off-Highway Vehicles, and Title 41, Chapter 3, Motor Vehicle Business
300 Regulation Act, unless otherwise specified in this section.
301 (3) (a) The owner of an all-terrain type I vehicle being operated as a street-legal ATV
302 shall ensure that the vehicle is equipped with:
303 (i) one or more headlamps that meet the requirements of Section 41-6a-1603;
304 (ii) one or more tail lamps;
305 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
306 with a white light;
307 (iv) one or more red reflectors on the rear;
308 (v) one or more stop lamps on the rear;
309 (vi) amber or red electric turn signals, one on each side of the front and rear;
310 (vii) a braking system, other than a parking brake, that meets the requirements of
311 Section 41-6a-1623;
312 (viii) a horn or other warning device that meets the requirements of Section
313 41-6a-1625;
314 (ix) a muffler and emission control system that meets the requirements of Section
315 41-6a-1626;
316 (x) rearview mirrors on the right and left side of the driver in accordance with Section
317 41-6a-1627;
318 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
319 (xii) a speedometer, illuminated for nighttime operation;
320 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
321 seat designed for passengers; and
322 (xiv) tires that:
323 (A) are not larger than the tires that the all-terrain vehicle manufacturer made available
324 for the all-terrain vehicle model; and
325 (B) have at least 2/32 inches or greater tire tread.
326 (b) The owner of an all-terrain type II vehicle or all-terrain type III vehicle being
327 operated as a street-legal all-terrain vehicle shall ensure that the vehicle is equipped with:
328 (i) two headlamps that meet the requirements of Section 41-6a-1603;
329 (ii) two tail lamps;
330 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
331 with a white light;
332 (iv) one or more red reflectors on the rear;
333 (v) two stop lamps on the rear;
334 (vi) amber or red electric turn signals, one on each side of the front and rear;
335 (vii) a braking system, other than a parking brake, that meets the requirements of
336 Section 41-6a-1623;
337 (viii) a horn or other warning device that meets the requirements of Section
338 41-6a-1625;
339 (ix) a muffler and emission control system that meets the requirements of Section
340 41-6a-1626;
341 (x) rearview mirrors on the right and left side of the driver in accordance with Section
342 41-6a-1627;
343 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
344 (xii) a speedometer, illuminated for nighttime operation;
345 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
346 seat designed for passengers;
347 (xiv) for vehicles with side-by-side or tandem seating, seatbelts for each vehicle
348 occupant;
349 (xv) a seat with a height between 20 and 40 inches when measured at the forward edge
350 of the seat bottom; and
351 (xvi) tires that:
352 (A) do not exceed 44 inches in height; and
353 (B) have at least 2/32 inches or greater tire tread.
354 (c) The owner of a street-legal all-terrain vehicle is not required to equip the vehicle
355 with wheel covers, mudguards, flaps, or splash aprons.
356 (4) (a) Subject to the requirements of Subsection (4)(b), an operator of a street-legal
357 all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway, may not
358 exceed the lesser of:
359 (i) the posted speed limit; or
360 (ii) 50 miles per hour.
361 (b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
362 all-terrain vehicle on a highway with a posted speed limit higher than 50 miles per hour, shall:
363 (i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
364 roadway; and
365 (ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the front
366 and back of both sides of the vehicle.
367 (5) (a) A nonresident operator of an off-highway vehicle that is authorized to be
368 operated on the highways of another state has the same rights and privileges as a street-legal
369 ATV that is granted operating privileges on the highways of this state, subject to the
370 restrictions under this section and rules made by the Board of Parks and Recreation, if the other
371 state offers reciprocal operating privileges to Utah residents.
372 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
373 Board of Parks and Recreation shall establish eligibility requirements for reciprocal operating
374 privileges for nonresident users granted under Subsection (5)(a).
375 (6) Nothing in this chapter restricts the owner of an off-highway vehicle from operating
376 the off-highway vehicle in accordance with Section 41-22-10.5.
377 (7) A violation of this section is an infraction.
378 Section 9. Section 53-8-205 is amended to read:
379 53-8-205. Safety inspection required for certain vehicles -- Out-of-state permits.
380 (1) (a) Except as provided in Subsection (1)(b), a person may not operate on a highway
381 a motor vehicle required to be registered in this state unless the motor vehicle has passed a
382 safety inspection.
383 (b) Subsection (1)(a) does not apply to:
384 (i) a vehicle that is exempt from registration under Subsection 41-1a-205(3);
385 (ii) an off-highway vehicle, unless the off-highway vehicle is being registered as a
386 street-legal all-terrain vehicle in accordance with Section 41-6a-1509;
387 (iii) a vintage vehicle as defined in Section 41-21-1;
388 (iv) a commercial vehicle with a gross vehicle weight rating over 26,000 pounds that:
389 (A) is operating with an apportioned registration under Section 41-1a-301; and
390 (B) has a valid annual federal inspection that complies with the requirements of 49
391 C.F.R. 396.17; and
392 (v) a trailer, semitrailer, or trailering equipment attached to a commercial motor vehicle
393 described in Subsection (1)(b)(iv) that has a valid annual federal inspection that complies with
394 the requirements of 49 C.F.R. 396.17.
395 (2) Except as provided in Subsection (3), the frequency of the safety inspection shall be
396 based on the age of the vehicle determined by model year and shall:
397 (a) be required each year for a vehicle that is eight or more years old on January 1; or
398 (b) every two years for each vehicle that is less than eight years old on January 1 as
399 follows:
400 (i) in odd-numbered years for a vehicle with an odd-numbered model year; and
401 (ii) in even-numbered years for a vehicle with an even-numbered model year;
402 (c) be conducted by a safety inspector certified by the division at a safety inspection
403 station authorized by the division;
404 (d) cover an inspection of the motor vehicle's tires, brakes, steering, suspension, and
405 windshield wipers to ensure proper adjustment and condition as required by department rules;
406 and
407 (e) include an inspection for the display of license plates in accordance with Section
408 41-1a-404.
409 [
410 safety inspection when an application is made for initial registration as a salvage vehicle.
411 (ii) After initial registration as a salvage vehicle, the frequency of a safety inspection
412 shall correspond with the model year in accordance with Subsection (2).
413 (b) An off-highway vehicle being registered for the first time as a street-legal all-terrain
414 vehicle as described in Section 41-6a-1509 is required to pass a safety inspection [
415
416 described in Subsection 41-1a-205(3).
417 (c) The owner of a commercial vehicle, as defined in Section 72-9-102, shall:
418 (i) ensure that the commercial vehicle passes a safety inspection annually; or
419 (ii) provide evidence of a valid annual federal inspection that complies with the
420 requirements of 49 C.F.R. Sec. 396.17.
421 (d) The owner of a vehicle operated by a ground transportation service provider as
422 defined in Section 72-10-601 shall ensure that the vehicle passes a safety inspection annually.
423 (e) An owner of one or more of the following types of vehicles shall ensure that the
424 vehicle passes a safety inspection annually:
425 (i) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
426 multiple axles;
427 (ii) a combination unit;
428 (iii) a bus or van for hire; or
429 (iv) a taxicab.
430 [
431 owner of:
432 (a) each motor vehicle that passes a safety inspection under this section; and
433 (b) a street-legal all-terrain vehicle that meets all the equipment requirements in
434 Section 41-6a-1509.
435 [
436 inspection shall have in the person's immediate possession a safety inspection certificate or
437 other evidence of compliance.
438 [
439 issued in another state having a safety inspection law similar to Utah's law.
440 [