1     
MODIFIED CAR EMISSIONS REQUIREMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: John D. Johnson

5     
House Sponsor: Ryan D. Wilcox

6     

7     LONG TITLE
8     General Description:
9          This bill defines a restored-modified motor vehicle and provides procedures for an
10     emissions test as a prerequisite to registration of the restored-modified motor vehicle, if
11     required.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines the term, "restored modified vehicle";
15          ▸     at the request of the owner, allows the Motor Vehicle Division to notate the
16     registration certificate of a restored-modified vehicle indicating that the vehicle is a
17     restored-modified vehicle;
18          ▸     requires an emissions inspection as a prerequisite to registration of a
19     restored-modified vehicle;
20          ▸     prohibits a county emissions program from refusing to perform an emissions test
21     based solely on the status of a vehicle as a restored-modified vehicle; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          41-1a-102, as last amended by Laws of Utah 2022, Chapters 92, 180
30          41-1a-201, as last amended by Laws of Utah 2022, Chapter 259
31          41-1a-202, as last amended by Laws of Utah 2019, Chapters 251, 459
32          41-1a-226, as last amended by Laws of Utah 2022, Chapter 259
33          41-6a-102, as last amended by Laws of Utah 2022, Chapters 86, 92 and 104
34          41-6a-1642, as last amended by Laws of Utah 2022, Chapters 160, 259
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 41-1a-102 is amended to read:
38          41-1a-102. Definitions.
39          As used in this chapter:
40          (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
41          (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
42     vehicles as operated and certified to by a weighmaster.
43          (3) "All-terrain type I vehicle" means the same as that term is defined in Section
44     41-22-2.
45          (4) "All-terrain type II vehicle" means the same as that term is defined in Section
46     41-22-2.
47          (5) "All-terrain type III vehicle" means the same as that term is defined in Section
48     41-22-2.
49          (6) "Alternative fuel vehicle" means:
50          (a) an electric motor vehicle;
51          (b) a hybrid electric motor vehicle;
52          (c) a plug-in hybrid electric motor vehicle; or
53          (d) a motor vehicle powered exclusively by a fuel other than:
54          (i) motor fuel;
55          (ii) diesel fuel;
56          (iii) natural gas; or
57          (iv) propane.
58          (7) "Amateur radio operator" means a person licensed by the Federal Communications

59     Commission to engage in private and experimental two-way radio operation on the amateur
60     band radio frequencies.
61          (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
62          (9) "Automated driving system" means the same as that term is defined in Section
63     41-26-102.1.
64          (10) "Branded title" means a title certificate that is labeled:
65          (a) rebuilt and restored to operation;
66          (b) flooded and restored to operation; or
67          (c) not restored to operation.
68          (11) "Camper" means a structure designed, used, and maintained primarily to be
69     mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
70     mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
71     camping.
72          (12) "Certificate of title" means a document issued by a jurisdiction to establish a
73     record of ownership between an identified owner and the described vehicle, vessel, or outboard
74     motor.
75          (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
76     weighmaster.
77          (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
78     maintained for the transportation of persons or property that operates:
79          (a) as a carrier for hire, compensation, or profit; or
80          (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
81     owner's commercial enterprise.
82          (15) "Commission" means the State Tax Commission.
83          (16) "Consumer price index" means the same as that term is defined in Section
84     59-13-102.
85          (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
86     selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
87     conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
88     place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
89          (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.

90          (19) "Division" means the Motor Vehicle Division of the commission, created in
91     Section 41-1a-106.
92          (20) "Dynamic driving task" means the same as that term is defined in Section
93     41-26-102.1.
94          (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
95     electric motor drawing current from a rechargeable energy storage system.
96          (22) "Essential parts" means the integral and body parts of a vehicle of a type required
97     to be registered in this state, the removal, alteration, or substitution of which would tend to
98     conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
99     or mode of operation.
100          (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
101     implement for drawing plows, mowing machines, and other implements of husbandry.
102          (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
103     the owner's or operator's own use in the transportation of:
104          (i) farm products, including livestock and its products, poultry and its products,
105     floricultural and horticultural products;
106          (ii) farm supplies, including tile, fence, and any other thing or commodity used in
107     agricultural, floricultural, horticultural, livestock, and poultry production; and
108          (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
109     other purposes connected with the operation of a farm.
110          (b) "Farm truck" does not include the operation of trucks by commercial processors of
111     agricultural products.
112          (25) "Fleet" means one or more commercial vehicles.
113          (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
114     this state from another state, territory, or country other than in the ordinary course of business
115     by or through a manufacturer or dealer, and not registered in this state.
116          (27) "Gross laden weight" means the actual weight of a vehicle or combination of
117     vehicles, equipped for operation, to which shall be added the maximum load to be carried.
118          (28) "Highway" or "street" means the entire width between property lines of every way
119     or place of whatever nature when any part of it is open to the public, as a matter of right, for
120     purposes of vehicular traffic.

121          (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
122     energy from onboard sources of stored energy that are both:
123          (a) an internal combustion engine or heat engine using consumable fuel; and
124          (b) a rechargeable energy storage system where energy for the storage system comes
125     solely from sources onboard the vehicle.
126          (30) (a) "Identification number" means the identifying number assigned by the
127     manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
128     motor.
129          (b) "Identification number" includes a vehicle identification number, state assigned
130     identification number, hull identification number, and motor serial number.
131          (31) "Implement of husbandry" means a vehicle designed or adapted and used
132     exclusively for an agricultural operation and only incidentally operated or moved upon the
133     highways.
134          (32) (a) "In-state miles" means the total number of miles operated in this state during
135     the preceding year by fleet power units.
136          (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
137     total number of miles that those vehicles were towed on Utah highways during the preceding
138     year.
139          (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
140     province, territory, or possession of the United States or foreign country.
141          (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
142     possession of the United States or any foreign country.
143          (35) "Lienholder" means a person with a security interest in particular property.
144          (36) "Manufactured home" means a transportable factory built housing unit constructed
145     on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
146     Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
147     feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
148     square feet, and which is built on a permanent chassis and designed to be used as a dwelling
149     with or without a permanent foundation when connected to the required utilities, and includes
150     the plumbing, heating, air-conditioning, and electrical systems.
151          (37) "Manufacturer" means a person engaged in the business of constructing,

152     manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
153     outboard motors for the purpose of sale or trade.
154          (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
155     for use by armed forces and that is maintained in a condition that represents the vehicle's
156     military design and markings regardless of current ownership or use.
157          (39) "Mobile home" means a transportable factory built housing unit built prior to June
158     15, 1976, in accordance with a state mobile home code which existed prior to the Federal
159     Manufactured Housing and Safety Standards Act (HUD Code).
160          (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
161          (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
162     operation on the highways.
163          (b) "Motor vehicle" does not include:
164          (i) an off-highway vehicle; or
165          (ii) a motor assisted scooter as defined in Section 41-6a-102.
166          (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
167          (43) "Motorcycle" means:
168          (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
169     more than three wheels in contact with the ground; or
170          (b) an autocycle.
171          (44) "Natural gas" means a fuel of which the primary constituent is methane.
172          (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
173     Section 41-1a-202, and who does not engage in intrastate business within this state and does
174     not operate in that business any motor vehicle, trailer, or semitrailer within this state.
175          (b) A person who engages in intrastate business within this state and operates in that
176     business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
177     interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
178     considered a resident of this state, insofar as that vehicle is concerned in administering this
179     chapter.
180          (46) "Odometer" means a device for measuring and recording the actual distance a
181     vehicle travels while in operation, but does not include any auxiliary odometer designed to be
182     periodically reset.

183          (47) "Off-highway implement of husbandry" means the same as that term is defined in
184     Section 41-22-2.
185          (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
186          (49) (a) "Operate" means:
187          (i) to navigate a vessel; or
188          (ii) collectively, the activities performed in order to perform the entire dynamic driving
189     task for a given motor vehicle by:
190          (A) a human driver as defined in Section 41-26-102.1; or
191          (B) an engaged automated driving system.
192          (b) "Operate" includes testing of an automated driving system.
193          (50) "Outboard motor" means a detachable self-contained propulsion unit, excluding
194     fuel supply, used to propel a vessel.
195          (51) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
196     vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
197     security interest.
198          (b) If a vehicle is the subject of an agreement for the conditional sale or installment
199     sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
200     stated in the agreement and with an immediate right of possession vested in the conditional
201     vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
202     conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
203     chapter.
204          (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
205     owner until the lessee exercises the lessee's option to purchase the vehicle.
206          (52) "Park model recreational vehicle" means a unit that:
207          (a) is designed and marketed as temporary living quarters for recreational, camping,
208     travel, or seasonal use;
209          (b) is not permanently affixed to real property for use as a permanent dwelling;
210          (c) requires a special highway movement permit for transit; and
211          (d) is built on a single chassis mounted on wheels with a gross trailer area not
212     exceeding 400 square feet in the setup mode.
213          (53) "Personalized license plate" means a license plate that has displayed on it a

214     combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
215     to the vehicle by the division.
216          (54) (a) "Pickup truck" means a two-axle motor vehicle with motive power
217     manufactured, remanufactured, or materially altered to provide an open cargo area.
218          (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
219     camper, camper shell, tarp, removable top, or similar structure.
220          (55) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that
221     has the capability to charge the battery or batteries used for vehicle propulsion from an
222     off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle
223     while the vehicle is in motion.
224          (56) "Pneumatic tire" means a tire in which compressed air is designed to support the
225     load.
226          (57) "Preceding year" means a period of 12 consecutive months fixed by the division
227     that is within 16 months immediately preceding the commencement of the registration or
228     license year in which proportional registration is sought. The division in fixing the period shall
229     conform it to the terms, conditions, and requirements of any applicable agreement or
230     arrangement for the proportional registration of vehicles.
231          (58) "Public garage" means a building or other place where vehicles or vessels are kept
232     and stored and where a charge is made for the storage and keeping of vehicles and vessels.
233          (59) "Receipt of surrender of ownership documents" means the receipt of surrender of
234     ownership documents described in Section 41-1a-503.
235          (60) "Reconstructed vehicle" means a vehicle of a type required to be registered in this
236     state that is materially altered from its original construction by the removal, addition, or
237     substitution of essential parts, new or used.
238          (61) "Recreational vehicle" means the same as that term is defined in Section
239     13-14-102.
240          (62) "Registration" means a document issued by a jurisdiction that allows operation of
241     a vehicle or vessel on the highways or waters of this state for the time period for which the
242     registration is valid and that is evidence of compliance with the registration requirements of the
243     jurisdiction.
244          (63) (a) "Registration year" means a 12 consecutive month period commencing with

245     the completion of the applicable registration criteria.
246          (b) For administration of a multistate agreement for proportional registration the
247     division may prescribe a different 12-month period.
248          (64) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
249     motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
250     or outboard motor, or by correcting the inoperative part.
251          (65) "Replica vehicle" means:
252          (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
253          (b) a custom vehicle that meets the requirements under Subsection
254     41-6a-1507(1)(a)(i)(B).
255          (66) "Restored-modified vehicle" means a motor vehicle that has been restored and
256     modified with modern parts and technology, including emission control technology and an
257     on-board diagnostic system.
258          [(66)] (67) "Road tractor" means a motor vehicle designed and used for drawing other
259     vehicles and constructed so it does not carry any load either independently or any part of the
260     weight of a vehicle or load that is drawn.
261          [(67)] (68) "Sailboat" means the same as that term is defined in Section 73-18-2.
262          [(68)] (69) "Security interest" means an interest that is reserved or created by a security
263     agreement to secure the payment or performance of an obligation and that is valid against third
264     parties.
265          [(69)] (70) "Semitrailer" means a vehicle without motive power designed for carrying
266     persons or property and for being drawn by a motor vehicle and constructed so that some part
267     of its weight and its load rests or is carried by another vehicle.
268          [(70)] (71) "Special group license plate" means a type of license plate designed for a
269     particular group of people or a license plate authorized and issued by the division in accordance
270     with Section 41-1a-418.
271          [(71)] (72) (a) "Special interest vehicle" means a vehicle used for general
272     transportation purposes and that is:
273          (i) 20 years or older from the current year; or
274          (ii) a make or model of motor vehicle recognized by the division director as having
275     unique interest or historic value.

276          (b) In making a determination under Subsection [(71)(a),] (72)(a), the division director
277     shall give special consideration to:
278          (i) a make of motor vehicle that is no longer manufactured;
279          (ii) a make or model of motor vehicle produced in limited or token quantities;
280          (iii) a make or model of motor vehicle produced as an experimental vehicle or one
281     designed exclusively for educational purposes or museum display; or
282          (iv) a motor vehicle of any age or make that has not been substantially altered or
283     modified from original specifications of the manufacturer and because of its significance is
284     being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
285     leisure pursuit.
286          [(72)] (73) (a) "Special mobile equipment" means a vehicle:
287          (i) not designed or used primarily for the transportation of persons or property;
288          (ii) not designed to operate in traffic; and
289          (iii) only incidentally operated or moved over the highways.
290          (b) "Special mobile equipment" includes:
291          (i) farm tractors;
292          (ii) off-road motorized construction or maintenance equipment including backhoes,
293     bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
294          (iii) ditch-digging apparatus.
295          (c) "Special mobile equipment" does not include a commercial vehicle as defined
296     under Section 72-9-102.
297          [(73)] (74) "Specially constructed vehicle" means a vehicle of a type required to be
298     registered in this state, not originally constructed under a distinctive name, make, model, or
299     type by a generally recognized manufacturer of vehicles, and not materially altered from its
300     original construction.
301          [(74)] (75) "State impound yard" means a yard for the storage of a vehicle, vessel, or
302     outboard motor that meets the requirements of rules made by the commission pursuant to
303     Subsection 41-1a-1101(5).
304          [(75)] (76) "Title" means the right to or ownership of a vehicle, vessel, or outboard
305     motor.
306          [(76)] (77) (a) "Total fleet miles" means the total number of miles operated in all

307     jurisdictions during the preceding year by power units.
308          (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
309     the number of miles that those vehicles were towed on the highways of all jurisdictions during
310     the preceding year.
311          [(77)] (78) "Tow truck motor carrier" means the same as that term is defined in Section
312     72-9-102.
313          [(78)] (79) "Tow truck operator" means the same as that term is defined in Section
314     72-9-102.
315          [(79)] (80) "Trailer" means a vehicle without motive power designed for carrying
316     persons or property and for being drawn by a motor vehicle and constructed so that no part of
317     its weight rests upon the towing vehicle.
318          [(80)] (81) "Transferee" means a person to whom the ownership of property is
319     conveyed by sale, gift, or any other means except by the creation of a security interest.
320          [(81)] (82) "Transferor" means a person who transfers the person's ownership in
321     property by sale, gift, or any other means except by creation of a security interest.
322          [(82)] (83) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
323     vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
324     vacation use that does not require a special highway movement permit when drawn by a
325     self-propelled motor vehicle.
326          [(83)] (84) "Truck tractor" means a motor vehicle designed and used primarily for
327     drawing other vehicles and not constructed to carry a load other than a part of the weight of the
328     vehicle and load that is drawn.
329          [(84)] (85) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
330     camper, park model recreational vehicle, manufactured home, and mobile home.
331          [(85)] (86) "Vessel" means the same as that term is defined in Section 73-18-2.
332          [(86)] (87) "Vintage vehicle" means the same as that term is defined in Section
333     41-21-1.
334          [(87)] (88) "Waters of this state" means the same as that term is defined in Section
335     73-18-2.
336          [(88)] (89) "Weighmaster" means a person, association of persons, or corporation
337     permitted to weigh vehicles under this chapter.

338          Section 2. Section 41-1a-201 is amended to read:
339          41-1a-201. Function of registration -- Registration required -- Penalty.
340          (1) Unless exempted, a person or automated driving system may not operate and an
341     owner may not engage an automated driving system, give another person permission to engage
342     an automated driving system, or give another person permission to operate a motor vehicle,
343     combination of vehicles, trailer, semitrailer, vintage vehicle, restored-modified vehicle,
344     off-highway vehicle, vessel, or park model recreational vehicle in this state unless it has been
345     registered in accordance with this chapter, Title 41, Chapter 22, Off-highway Vehicles, or Title
346     73, Chapter 18, State Boating Act.
347          (2) Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
348          (3) (a) In the event that materials are temporarily unavailable for registration items
349     required under Section 41-1a-402, the commission may delay initial vehicle registration or
350     renewal of vehicle registrations.
351          (b) In a circumstance described in Subsection (3)(a), a person does not violate
352     Subsection (1) for failure to register a vehicle during a delay period described in Subsection
353     (3)(a).
354          Section 3. Section 41-1a-202 is amended to read:
355          41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of
356     vehicles after establishing residency.
357          (1) In this section:
358          (a) "Domicile" means the place:
359          (i) where an individual has a fixed permanent home and principal establishment;
360          (ii) to which the individual if absent, intends to return; and
361          (iii) in which the individual and his family voluntarily reside, not for a special or
362     temporary purpose, but with the intention of making a permanent home.
363          (b) (i) "Resident" means any of the following:
364          (A) an individual who:
365          (I) has established a domicile in this state;
366          (II) regardless of domicile, remains in this state for an aggregate period of six months
367     or more during any calendar year;
368          (III) engages in a trade, profession, or occupation in this state or who accepts

369     employment in other than seasonal work in this state and who does not commute into the state;
370          (IV) declares himself to be a resident of this state for the purpose of obtaining a driver
371     license or motor vehicle registration; or
372          (V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
373     nonresidents, including going to school, or placing children in school without paying
374     nonresident tuition or fees; or
375          (B) any individual, partnership, limited liability company, firm, corporation,
376     association, or other entity that:
377          (I) maintains a main office, branch office, or warehouse facility in this state and that
378     bases and operates a motor vehicle in this state; or
379          (II) operates a motor vehicle in intrastate transportation for other than seasonal work.
380          (ii) "Resident" does not include any of the following:
381          (A) a member of the military temporarily stationed in Utah;
382          (B) an out-of-state student, as classified by the institution of higher education, enrolled
383     with the equivalent of seven or more quarter hours, regardless of whether the student engages
384     in a trade, profession, or occupation in this state or accepts employment in this state; and
385          (C) an individual domiciled in another state or a foreign country that:
386          (I) is engaged in public, charitable, educational, or religious services for a government
387     agency or an organization that qualifies for tax-exempt status under Internal Revenue Code
388     Section 501(c)(3);
389          (II) is not compensated for services rendered other than expense reimbursements; and
390          (III) is temporarily in Utah for a period not to exceed 24 months.
391          (iii) Notwithstanding Subsections (1)(b)(i) and (ii), "resident" includes the owner of a
392     vehicle equipped with an automated driving system as defined in Section 41-26-102.1 if the
393     vehicle is physically present in the state for more than 30 consecutive days in a calendar year.
394          (2) (a) Registration under this chapter is not required for any:
395          (i) vehicle registered in another state and owned by a nonresident of the state or
396     operating under a temporary registration permit issued by the division or a dealer authorized by
397     this chapter, driven or moved upon a highway in conformance with the provisions of this
398     chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
399          (ii) vehicle driven or moved upon a highway only for the purpose of crossing the

400     highway from one property to another;
401          (iii) implement of husbandry, whether of a type otherwise subject to registration or not,
402     that is only incidentally operated or moved upon a highway;
403          (iv) special mobile equipment;
404          (v) vehicle owned or leased by the federal government;
405          (vi) motor vehicle not designed, used, or maintained for the transportation of
406     passengers for hire or for the transportation of property if the motor vehicle is registered in
407     another state and is owned and operated by a nonresident of this state;
408          (vii) vehicle or combination of vehicles designed, used, or maintained for the
409     transportation of persons for hire or for the transportation of property if the vehicle or
410     combination of vehicles is registered in another state and is owned and operated by a
411     nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight
412     of 26,000 pounds or less;
413          (viii) trailer of 750 pounds or less unladen weight and not designed, used, and
414     maintained for hire for the transportation of property or person;
415          (ix) manufactured home or mobile home;
416          (x) off-highway vehicle currently registered under Section 41-22-3 if the off-highway
417     vehicle is:
418          (A) being towed;
419          (B) operated on a street or highway designated as open to off-highway vehicle use; or
420          (C) operated in the manner prescribed in Subsections 41-22-10.3(1) through (3);
421          (xi) off-highway implement of husbandry operated in the manner prescribed in
422     Subsections 41-22-5.5(3) through (5);
423          (xii) modular and prebuilt homes conforming to the uniform building code and
424     presently regulated by the United States Department of Housing and Urban Development that
425     are not constructed on a permanent chassis;
426          (xiii) electric assisted bicycle defined under Section 41-6a-102;
427          (xiv) motor assisted scooter defined under Section 41-6a-102; or
428          (xv) electric personal assistive mobility device defined under Section 41-6a-102.
429          (b) For purposes of an implement of husbandry as described in Subsection (2)(a)(iii),
430     incidental operation on a highway includes operation that is:

431          (i) transportation of raw agricultural materials or other agricultural related operations;
432     and
433          (ii) limited to 100 miles round trip on a highway.
434          (3) Unless otherwise exempted under Subsection (2), registration under this chapter is
435     required for any motor vehicle, combination of vehicles, trailer, semitrailer, [or] vintage
436     vehicle, or restored-modified vehicle within 60 days of the owner establishing residency in this
437     state.
438          (4) A motor vehicle that is registered under Section 41-3-306 is exempt from the
439     registration requirements of this part for the time period that the registration under Section
440     41-3-306 is valid.
441          (5) A vehicle that has been issued a nonrepairable certificate may not be registered
442     under this chapter.
443          Section 4. Section 41-1a-226 is amended to read:
444          41-1a-226. Vintage vehicle -- Signed statement -- Restored-modified vehicle --
445     Registration.
446          (1) The owner of a vintage vehicle who applies for registration under this part shall
447     provide a signed statement that the vintage vehicle:
448          (a) is owned and operated for the purposes described in Section 41-21-1; and
449          (b) is safe to operate on the highways of this state as described in Section 41-21-4.
450          (2) For a vintage vehicle with a model year of 1980 or older, the signed statement
451     described in Subsection (1) is in lieu of an emissions inspection, from which a vintage vehicle
452     is exempt under Subsection 41-6a-1642(4).
453          (3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an
454     owner shall:
455          (a) obtain a certificate of emissions inspection as provided in Section 41-6a-1642; or
456          (b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type
457     specific to a vehicle collector.
458          (4) (a) If an owner of a restored-modified vehicle who applies for registration that
459     wishes to have the notation on the registration certificate as described in Subsection (4)(b), the
460     owner may provide a signed statement that the vehicle:
461          (i) meets the definition of a restored-modified vehicle, and has modern technology,

462     including emission control technology and an on-board diagnostic system; and
463          (ii) is safe to operate on the highways of this state.
464          (b) If a vehicle qualifies as a restored-modified vehicle, the division shall notate the
465     registration certificate indicating that the vehicle is a restored-modified vehicle.
466          (c) An owner of a restored-modified vehicle may elect to remove the restored-modified
467     notation on the registration certificate at the time of a subsequent registration.
468          Section 5. Section 41-6a-102 is amended to read:
469          41-6a-102. Definitions.
470          As used in this chapter:
471          (1) "Alley" means a street or highway intended to provide access to the rear or side of
472     lots or buildings in urban districts and not intended for through vehicular traffic.
473          (2) "All-terrain type I vehicle" means the same as that term is defined in Section
474     41-22-2.
475          (3) "Authorized emergency vehicle" includes:
476          (a) fire department vehicles;
477          (b) police vehicles;
478          (c) ambulances; and
479          (d) other publicly or privately owned vehicles as designated by the commissioner of the
480     Department of Public Safety.
481          (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
482          (5) (a) "Bicycle" means a wheeled vehicle:
483          (i) propelled by human power by feet or hands acting upon pedals or cranks;
484          (ii) with a seat or saddle designed for the use of the operator;
485          (iii) designed to be operated on the ground; and
486          (iv) whose wheels are not less than 14 inches in diameter.
487          (b) "Bicycle" includes an electric assisted bicycle.
488          (c) "Bicycle" does not include scooters and similar devices.
489          (6) (a) "Bus" means a motor vehicle:
490          (i) designed for carrying more than 15 passengers and used for the transportation of
491     persons; or
492          (ii) designed and used for the transportation of persons for compensation.

493          (b) "Bus" does not include a taxicab.
494          (7) (a) "Circular intersection" means an intersection that has an island, generally
495     circular in design, located in the center of the intersection where traffic passes to the right of
496     the island.
497          (b) "Circular intersection" includes:
498          (i) roundabouts;
499          (ii) rotaries; and
500          (iii) traffic circles.
501          (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
502     Subsection (17)(d)(i).
503          (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
504     Subsection (17)(d)(ii).
505          (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
506     Subsection (17)(d)(iii).
507          (11) "Commissioner" means the commissioner of the Department of Public Safety.
508          (12) "Controlled-access highway" means a highway, street, or roadway:
509          (a) designed primarily for through traffic; and
510          (b) to or from which owners or occupants of abutting lands and other persons have no
511     legal right of access, except at points as determined by the highway authority having
512     jurisdiction over the highway, street, or roadway.
513          (13) "Crosswalk" means:
514          (a) that part of a roadway at an intersection included within the connections of the
515     lateral lines of the sidewalks on opposite sides of the highway measured from:
516          (i) (A) the curbs; or
517          (B) in the absence of curbs, from the edges of the traversable roadway; and
518          (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
519     included within the extension of the lateral lines of the existing sidewalk at right angles to the
520     centerline; or
521          (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
522     pedestrian crossing by lines or other markings on the surface.
523          (14) "Department" means the Department of Public Safety.

524          (15) "Direct supervision" means oversight at a distance within which:
525          (a) visual contact is maintained; and
526          (b) advice and assistance can be given and received.
527          (16) "Divided highway" means a highway divided into two or more roadways by:
528          (a) an unpaved intervening space;
529          (b) a physical barrier; or
530          (c) a clearly indicated dividing section constructed to impede vehicular traffic.
531          (17) "Electric assisted bicycle" means a bicycle with an electric motor that:
532          (a) has a power output of not more than 750 watts;
533          (b) has fully operable pedals on permanently affixed cranks;
534          (c) is fully operable as a bicycle without the use of the electric motor; and
535          (d) is one of the following:
536          (i) an electric assisted bicycle equipped with a motor or electronics that:
537          (A) provides assistance only when the rider is pedaling; and
538          (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
539     hour;
540          (ii) an electric assisted bicycle equipped with a motor or electronics that:
541          (A) may be used exclusively to propel the bicycle; and
542          (B) is not capable of providing assistance when the bicycle reaches the speed of 20
543     miles per hour; or
544          (iii) an electric assisted bicycle equipped with a motor or electronics that:
545          (A) provides assistance only when the rider is pedaling;
546          (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
547     hour; and
548          (C) is equipped with a speedometer.
549          (18) (a) "Electric personal assistive mobility device" means a self-balancing device
550     with:
551          (i) two nontandem wheels in contact with the ground;
552          (ii) a system capable of steering and stopping the unit under typical operating
553     conditions;
554          (iii) an electric propulsion system with average power of one horsepower or 750 watts;

555          (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
556          (v) a deck design for a person to stand while operating the device.
557          (b) "Electric personal assistive mobility device" does not include a wheelchair.
558          (19) "Explosives" means a chemical compound or mechanical mixture commonly used
559     or intended for the purpose of producing an explosion and that contains any oxidizing and
560     combustive units or other ingredients in proportions, quantities, or packing so that an ignition
561     by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
562     may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
563     capable of producing destructive effects on contiguous objects or of causing death or serious
564     bodily injury.
565          (20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
566     implement, for drawing plows, mowing machines, and other implements of husbandry.
567          (21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
568     as determined by a Tagliabue or equivalent closed-cup test device.
569          (22) "Freeway" means a controlled-access highway that is part of the interstate system
570     as defined in Section 72-1-102.
571          (23) (a) "Golf cart" means a device that:
572          (i) is designed for transportation by players on a golf course;
573          (ii) has not less than three wheels in contact with the ground;
574          (iii) has an unladen weight of less than 1,800 pounds;
575          (iv) is designed to operate at low speeds; and
576          (v) is designed to carry not more than six persons including the driver.
577          (b) "Golf cart" does not include:
578          (i) a low-speed vehicle or an off-highway vehicle;
579          (ii) a motorized wheelchair;
580          (iii) an electric personal assistive mobility device;
581          (iv) an electric assisted bicycle;
582          (v) a motor assisted scooter;
583          (vi) a personal delivery device, as defined in Section 41-6a-1119; or
584          (vii) a mobile carrier, as defined in Section 41-6a-1120.
585          (24) "Gore area" means the area delineated by two solid white lines that is between a

586     continuing lane of a through roadway and a lane used to enter or exit the continuing lane
587     including similar areas between merging or splitting highways.
588          (25) "Gross weight" means the weight of a vehicle without a load plus the weight of
589     any load on the vehicle.
590          (26) "Hi-rail vehicle" means a roadway maintenance vehicle that is:
591          (a) manufactured to meet Federal Motor Vehicle Safety Standards; and
592          (b) equipped with retractable flanged wheels that allow the vehicle to travel on a
593     highway or railroad tracks.
594          (27) "Highway" means the entire width between property lines of every way or place of
595     any nature when any part of it is open to the use of the public as a matter of right for vehicular
596     travel.
597          (28) "Highway authority" means the same as that term is defined in Section 72-1-102.
598          (29) (a) "Intersection" means the area embraced within the prolongation or connection
599     of the lateral [curblines] curb lines, or, if none, then the lateral boundary lines of the roadways
600     of two or more highways that join one another.
601          (b) Where a highway includes two roadways 30 feet or more apart:
602          (i) every crossing of each roadway of the divided highway by an intersecting highway
603     is a separate intersection; and
604          (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
605     every crossing of two roadways of the highways is a separate intersection.
606          (c) "Intersection" does not include the junction of an alley with a street or highway.
607          (30) "Island" means an area between traffic lanes or at an intersection for control of
608     vehicle movements or for pedestrian refuge designated by:
609          (a) pavement markings, which may include an area designated by two solid yellow
610     lines surrounding the perimeter of the area;
611          (b) channelizing devices;
612          (c) curbs;
613          (d) pavement edges; or
614          (e) other devices.
615          (31) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
616     act of overtaking and passing another vehicle that is stopped in the same direction of travel in

617     the same lane.
618          (32) "Law enforcement agency" means the same as that term is as defined in Section
619     53-1-102.
620          (33) "Limited access highway" means a highway:
621          (a) that is designated specifically for through traffic; and
622          (b) over, from, or to which neither owners nor occupants of abutting lands nor other
623     persons have any right or easement, or have only a limited right or easement of access, light,
624     air, or view.
625          (34) "Local highway authority" means the legislative, executive, or governing body of
626     a county, municipal, or other local board or body having authority to enact laws relating to
627     traffic under the constitution and laws of the state.
628          (35) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
629          (i) is designed to be operated at speeds of not more than 25 miles per hour; and
630          (ii) has a capacity of not more than six passengers, including a conventional driver or
631     fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
632          (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
633          (36) "Metal tire" means a tire, the surface of which in contact with the highway is
634     wholly or partly of metal or other hard nonresilient material.
635          (37) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
636     saddle that is less than 24 inches from the ground as measured on a level surface with properly
637     inflated tires.
638          (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
639          (c) "Mini-motorcycle" does not include a motorcycle that is:
640          (i) designed for off-highway use; and
641          (ii) registered as an off-highway vehicle under Section 41-22-3.
642          (38) "Mobile home" means:
643          (a) a trailer or semitrailer that is:
644          (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
645     place either permanently or temporarily; and
646          (ii) equipped for use as a conveyance on streets and highways; or
647          (b) a trailer or a semitrailer whose chassis and exterior shell is designed and

648     constructed for use as a mobile home, as defined in Subsection (38)(a), but that is instead used
649     permanently or temporarily for:
650          (i) the advertising, sale, display, or promotion of merchandise or services; or
651          (ii) any other commercial purpose except the transportation of property for hire or the
652     transportation of property for distribution by a private carrier.
653          (39) "Mobility disability" means the inability of a person to use one or more of the
654     person's extremities or difficulty with motor skills, that may include limitations with walking,
655     grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition.
656          (40) (a) "Moped" means a motor-driven cycle having:
657          (i) pedals to permit propulsion by human power; and
658          (ii) a motor that:
659          (A) produces not more than two brake horsepower; and
660          (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
661     level ground.
662          (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
663     centimeters and the moped shall have a power drive system that functions directly or
664     automatically without clutching or shifting by the operator after the drive system is engaged.
665          (c) "Moped" does not include:
666          (i) an electric assisted bicycle; or
667          (ii) a motor assisted scooter.
668          (41) (a) "Motor assisted scooter" means a self-propelled device with:
669          (i) at least two wheels in contact with the ground;
670          (ii) a braking system capable of stopping the unit under typical operating conditions;
671          (iii) an electric motor not exceeding 2,000 watts;
672          (iv) either:
673          (A) handlebars and a deck design for a person to stand while operating the device; or
674          (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
675     the device;
676          (v) a design for the ability to be propelled by human power alone; and
677          (vi) a maximum speed of 20 miles per hour on a paved level surface.
678          (b) "Motor assisted scooter" does not include:

679          (i) an electric assisted bicycle; or
680          (ii) a motor-driven cycle.
681          (42) (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
682     propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
683          (b) "Motor vehicle" does not include:
684          (i) vehicles moved solely by human power;
685          (ii) motorized wheelchairs;
686          (iii) an electric personal assistive mobility device;
687          (iv) an electric assisted bicycle;
688          (v) a motor assisted scooter;
689          (vi) a personal delivery device, as defined in Section 41-6a-1119; or
690          (vii) a mobile carrier, as defined in Section 41-6a-1120.
691          (43) "Motorcycle" means:
692          (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
693     and designed to travel with not more than three wheels in contact with the ground; or
694          (b) an autocycle.
695          (44) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
696     having:
697          (i) an engine with less than 150 cubic centimeters displacement; or
698          (ii) a motor that produces not more than five horsepower.
699          (b) "Motor-driven cycle" does not include:
700          (i) an electric personal assistive mobility device;
701          (ii) a motor assisted scooter; or
702          (iii) an electric assisted bicycle.
703          (45) "Off-highway implement of husbandry" means the same as that term is defined
704     under Section 41-22-2.
705          (46) "Off-highway vehicle" means the same as that term is defined under Section
706     41-22-2.
707          (47) "Operate" means the same as that term is defined in Section 41-1a-102.
708          (48) "Operator" means:
709          (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or

710          (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
711     vehicle.
712          (49) "Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
713     other device operated, alone or coupled with another device, on stationary rails.
714          (50) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
715     occupied or not.
716          (b) "Park" or "parking" does not include:
717          (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
718     in loading or unloading property or passengers; or
719          (ii) a motor vehicle with an engaged automated driving system that has achieved a
720     minimal risk condition, as those terms are defined in Section 41-26-102.1.
721          (51) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace
722     Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
723     laws.
724          (52) "Pedestrian" means a person traveling:
725          (a) on foot; or
726          (b) in a wheelchair.
727          (53) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
728     pedestrians.
729          (54) "Person" means a natural person, firm, copartnership, association, corporation,
730     business trust, estate, trust, partnership, limited liability company, association, joint venture,
731     governmental agency, public corporation, or any other legal or commercial entity.
732          (55) "Pole trailer" means a vehicle without motive power:
733          (a) designed to be drawn by another vehicle and attached to the towing vehicle by
734     means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
735          (b) that is ordinarily used for transporting long or irregular shaped loads including
736     poles, pipes, or structural members generally capable of sustaining themselves as beams
737     between the supporting connections.
738          (56) "Private road or driveway" means every way or place in private ownership and
739     used for vehicular travel by the owner and those having express or implied permission from the
740     owner, but not by other persons.

741          (57) "Railroad" means a carrier of persons or property upon cars operated on stationary
742     rails.
743          (58) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
744     public body or official or by a railroad and intended to give notice of the presence of railroad
745     tracks or the approach of a railroad train.
746          (59) "Railroad train" means a locomotive propelled by any form of energy, coupled
747     with or operated without cars, and operated upon rails.
748          (60) "Restored-modified vehicle" means the same as that term is defined in Section
749     41-1a-102.
750          [(60)] (61) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
751     lawful manner in preference to another vehicle or pedestrian approaching under circumstances
752     of direction, speed, and proximity that give rise to danger of collision unless one grants
753     precedence to the other.
754          [(61)] (62) (a) "Roadway" means that portion of highway improved, designed, or
755     ordinarily used for vehicular travel.
756          (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
757     them are used by persons riding bicycles or other human-powered vehicles.
758          (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
759     a highway includes two or more separate roadways.
760          [(62)] (63) "Safety zone" means the area or space officially set apart within a roadway
761     for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
762     signs as to be plainly visible at all times while set apart as a safety zone.
763          [(63)] (64) (a) "School bus" means a motor vehicle that:
764          (i) complies with the color and identification requirements of the most recent edition of
765     "Minimum Standards for School Buses"; and
766          (ii) is used to transport school children to or from school or school activities.
767          (b) "School bus" does not include a vehicle operated by a common carrier in
768     transportation of school children to or from school or school activities.
769          [(64)] (65) (a) "Semitrailer" means a vehicle with or without motive power:
770          (i) designed for carrying persons or property and for being drawn by a motor vehicle;
771     and

772          (ii) constructed so that some part of its weight and that of its load rests on or is carried
773     by another vehicle.
774          (b) "Semitrailer" does not include a pole trailer.
775          [(65)] (66) "Shoulder area" means:
776          (a) that area of the hard-surfaced highway separated from the roadway by a pavement
777     edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
778     or
779          (b) that portion of the road contiguous to the roadway for accommodation of stopped
780     vehicles, for emergency use, and for lateral support.
781          [(66)] (67) "Sidewalk" means that portion of a street between the curb lines, or the
782     lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
783          [(67)] (68) (a) "Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt
784     that is designated for the use of a bicycle.
785          (b) "Soft-surface trail" does not mean a trail:
786          (i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
787     federal law, regulation, or rule; or
788          (ii) located in whole or in part on land granted to the state or a political subdivision
789     subject to a conservation easement that prohibits the use of a motorized vehicle.
790          [(68)] (69) "Solid rubber tire" means a tire of rubber or other resilient material that
791     does not depend on compressed air for the support of the load.
792          [(69)] (70) "Stand" or "standing" means the temporary halting of a vehicle, whether
793     occupied or not, for the purpose of and while actually engaged in receiving or discharging
794     passengers.
795          [(70)] (71) "Stop" when required means complete cessation from movement.
796          [(71)] (72) "Stop" or "stopping" when prohibited means any halting even momentarily
797     of a vehicle, whether occupied or not, except when:
798          (a) necessary to avoid conflict with other traffic; or
799          (b) in compliance with the directions of a peace officer or traffic-control device.
800          [(72)] (73) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain
801     type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
802     the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with

803     Section 41-6a-1509.
804          [(73)] (74) "Tow truck operator" means the same as that term is defined in Section
805     72-9-102.
806          [(74)] (75) "Tow truck motor carrier" means the same as that term is defined in Section
807     72-9-102.
808          [(75)] (76) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
809     conveyances either singly or together while using any highway for the purpose of travel.
810          [(76)] (77) "Traffic signal preemption device" means an instrument or mechanism
811     designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
812          [(77)] (78) "Traffic-control device" means a sign, signal, marking, or device not
813     inconsistent with this chapter placed or erected by a highway authority for the purpose of
814     regulating, warning, or guiding traffic.
815          [(78)] (79) "Traffic-control signal" means a device, whether manually, electrically, or
816     mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
817          [(79)] (80) (a) "Trailer" means a vehicle with or without motive power designed for
818     carrying persons or property and for being drawn by a motor vehicle and constructed so that no
819     part of its weight rests upon the towing vehicle.
820          (b) "Trailer" does not include a pole trailer.
821          [(80)] (81) "Truck" means a motor vehicle designed, used, or maintained primarily for
822     the transportation of property.
823          [(81)] (82) "Truck tractor" means a motor vehicle:
824          (a) designed and used primarily for drawing other vehicles; and
825          (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
826     tractor.
827          [(82)] (83) "Two-way left turn lane" means a lane:
828          (a) provided for vehicle operators making left turns in either direction;
829          (b) that is not used for passing, overtaking, or through travel; and
830          (c) that has been indicated by a lane traffic-control device that may include lane
831     markings.
832          [(83)] (84) "Urban district" means the territory contiguous to and including any street,
833     in which structures devoted to business, industry, or dwelling houses are situated at intervals of

834     less than 100 feet, for a distance of a quarter of a mile or more.
835          [(84)] (85) "Vehicle" means a device in, on, or by which a person or property is or may
836     be transported or drawn on a highway, except a mobile carrier, as defined in Section
837     41-6a-1120, or a device used exclusively on stationary rails or tracks.
838          Section 6. Section 41-6a-1642 is amended to read:
839          41-6a-1642. Emissions inspection -- County program.
840          (1) The legislative body of each county required under federal law to utilize a motor
841     vehicle emissions inspection and maintenance program or in which an emissions inspection
842     and maintenance program is necessary to attain or maintain any national ambient air quality
843     standard shall require:
844          (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
845     is exempt from emissions inspection and maintenance program requirements be presented:
846          (i) as a condition of registration or renewal of registration; and
847          (ii) at other times as the county legislative body may require to enforce inspection
848     requirements for individual motor vehicles, except that the county legislative body may not
849     routinely require a certificate of emissions inspection, or waiver of the certificate, more often
850     than required under Subsection (9); and
851          (b) compliance with this section for a motor vehicle registered or principally operated
852     in the county and owned by or being used by a department, division, instrumentality, agency, or
853     employee of:
854          (i) the federal government;
855          (ii) the state and any of its agencies; or
856          (iii) a political subdivision of the state, including school districts.
857          (2) (a) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle
858     emissions inspection and maintenance program certificate of emissions inspection as described
859     in Subsection (1), but the program may not deny vehicle registration based solely on the
860     presence of a defeat device covered in the Volkswagen partial consent decrees or a United
861     States Environmental Protection Agency-approved vehicle modification in the following
862     vehicles:
863          [(a)] (i) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
864     emissions are mitigated in the state pursuant to a partial consent decree, including:

865          [(i)] (A) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and
866     2015;
867          [(ii)] (B) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013,
868     and 2014;
869          [(iii)] (C) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
870          [(iv)] (D) Volkswagen Golf Sportwagen, model year 2015;
871          [(v)] (E) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
872          [(vi)] (F) Volkswagen Beetle, model years 2013, 2014, and 2015;
873          [(vii)] (G) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
874          [(viii)] (H) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
875          [(b)] (ii) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
876     emissions are mitigated in the state to a settlement, including:
877          [(i)] (A) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015,
878     and 2016;
879          [(ii)] (B) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
880          [(iii)] (C) Audi A6 Quattro, model years 2014, 2015, and 2016;
881          [(iv)] (D) Audi A7 Quattro, model years 2014, 2015, and 2016;
882          [(v)] (E) Audi A8, model years 2014, 2015, and 2016;
883          [(vi)] (F) Audi A8L, model years 2014, 2015, and 2016;
884          [(vii)] (G) Audi Q5, model years 2014, 2015, and 2016; and
885          [(viii)] (H) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
886          (b) (i) An owner of a restored-modified vehicle subject to Subsection (1) shall obtain a
887     motor vehicle emissions inspection and maintenance program certificate of emissions
888     inspection as described in Subsection (1).
889          (ii) A county emissions program may not refuse to perform an emissions inspection or
890     indicate a failed emissions test of the vehicle based solely on a modification to the engine or
891     component of the motor vehicle if:
892          (A) the modification is not likely to result in the motor vehicle having increased
893     emissions relative to the emissions of the motor vehicle before the modification; and
894          (B) the motor vehicle modification is a change to an engine that is newer than the
895     engine with which the motor vehicle was originally equipped, or the engine includes

896     technology that increases the facility of the administration of an emissions test, such as an
897     on-board diagnostics system.
898          (iii) The first time an owner seeks to obtain an emissions inspection as a prerequisite to
899     registration of a restored-modified vehicle:
900          (A) the owner shall present the signed statement described in Subsection 41-1a-226(4);
901     and
902          (B) the county emissions program shall perform the emissions test.
903          (iv) If a motor vehicle is registered as a restored-modified vehicle and the registration
904     certificate is notated as described in Subsection 41-1a-226(4), a county emissions program may
905     not refuse to perform an emissions test based solely on the restored-modified status of the
906     motor vehicle.
907          (3) (a) The legislative body of a county identified in Subsection (1), in consultation
908     with the Air Quality Board created under Section 19-1-106, shall make regulations or
909     ordinances regarding:
910          (i) emissions standards;
911          (ii) test procedures;
912          (iii) inspections stations;
913          (iv) repair requirements and dollar limits for correction of deficiencies; and
914          (v) certificates of emissions inspections.
915          (b) In accordance with Subsection (3)(a), a county legislative body:
916          (i) shall make regulations or ordinances to attain or maintain ambient air quality
917     standards in the county, consistent with the state implementation plan and federal
918     requirements;
919          (ii) may allow for a phase-in of the program by geographical area; and
920          (iii) shall comply with the analyzer design and certification requirements contained in
921     the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
922          (c) The county legislative body and the Air Quality Board shall give preference to an
923     inspection and maintenance program that:
924          (i) is decentralized, to the extent the decentralized program will attain and maintain
925     ambient air quality standards and meet federal requirements;
926          (ii) is the most cost effective means to achieve and maintain the maximum benefit with

927     regard to ambient air quality standards and to meet federal air quality requirements as related to
928     vehicle emissions; and
929          (iii) provides a reasonable phase-out period for replacement of air pollution emission
930     testing equipment made obsolete by the program.
931          (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
932          (i) may be accomplished in accordance with applicable federal requirements; and
933          (ii) does not otherwise interfere with the attainment and maintenance of ambient air
934     quality standards.
935          (4) The following vehicles are exempt from an emissions inspection program and the
936     provisions of this section:
937          (a) an implement of husbandry as defined in Section 41-1a-102;
938          (b) a motor vehicle that:
939          (i) meets the definition of a farm truck under Section 41-1a-102; and
940          (ii) has a gross vehicle weight rating of 12,001 pounds or more;
941          (c) a vintage vehicle as defined in Section 41-21-1:
942          (i) if the vintage vehicle has a model year of 1980 or older; or
943          (ii) for a vintage vehicle that has a model year of 1981 or newer, if the owner provides
944     proof of vehicle insurance that is a type specific to a vehicle collector;
945          (d) a custom vehicle as defined in Section 41-6a-1507;
946          (e) to the extent allowed under the current federally approved state implementation
947     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
948     vehicle that is less than two years old on January 1 based on the age of the vehicle as
949     determined by the model year identified by the manufacturer;
950          (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
951     of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
952     statement to the legislative body stating the truck is used:
953          (i) by the owner or operator of a farm located on property that qualifies as land in
954     agricultural use under Sections 59-2-502 and 59-2-503; and
955          (ii) exclusively for the following purposes in operating the farm:
956          (A) for the transportation of farm products, including livestock and its products,
957     poultry and its products, floricultural and horticultural products; and

958          (B) in the transportation of farm supplies, including tile, fence, and every other thing or
959     commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
960     and maintenance;
961          (g) a motorcycle as defined in Section 41-1a-102;
962          (h) an electric motor vehicle as defined in Section 41-1a-102; and
963          (i) a motor vehicle with a model year of 1967 or older.
964          (5) The county shall issue to the registered owner who signs and submits a signed
965     statement under Subsection (4)(f) a certificate of exemption from emissions inspection
966     requirements for purposes of registering the exempt vehicle.
967          (6) A legislative body of a county described in Subsection (1) may exempt from an
968     emissions inspection program a diesel-powered motor vehicle with a:
969          (a) gross vehicle weight rating of more than 14,000 pounds; or
970          (b) model year of 1997 or older.
971          (7) The legislative body of a county required under federal law to utilize a motor
972     vehicle emissions inspection program shall require:
973          (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
974          (i) a model year of 2007 or newer;
975          (ii) a gross vehicle weight rating of 14,000 pounds or less; and
976          (iii) a model year that is five years old or older; and
977          (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
978          (i) with a gross vehicle weight rating of 14,000 pounds or less;
979          (ii) that has a model year of 1998 or newer; and
980          (iii) that has a model year that is five years old or older.
981          (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
982     federal law to utilize a motor vehicle emissions inspection and maintenance program or in
983     which an emissions inspection and maintenance program is necessary to attain or maintain any
984     national ambient air quality standard may require each college or university located in a county
985     subject to this section to require its students and employees who park a motor vehicle not
986     registered in a county subject to this section to provide proof of compliance with an emissions
987     inspection accepted by the county legislative body if the motor vehicle is parked on the college
988     or university campus or property.

989          (b) College or university parking areas that are metered or for which payment is
990     required per use are not subject to the requirements of this Subsection (8).
991          (c) The legislative body of a county shall make the reasons for implementing the
992     provisions of this Subsection (8) part of the record at the time that the county legislative body
993     takes its official action to implement the provisions of this Subsection (8).
994          (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
995     for each motor vehicle that meets the inspection and maintenance program requirements
996     established in regulations or ordinances made under Subsection (3).
997          (b) The frequency of the emissions inspection shall be determined based on the age of
998     the vehicle as determined by model year and shall be required annually subject to the
999     provisions of Subsection (9)(c).
1000          (c) (i) To the extent allowed under the current federally approved state implementation
1001     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
1002     body of a county identified in Subsection (1) shall only require the emissions inspection every
1003     two years for each vehicle.
1004          (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1005     years old on January 1.
1006          (iii) For a county required to implement a new vehicle emissions inspection and
1007     maintenance program on or after December 1, 2012, under Subsection (1), but for which no
1008     current federally approved state implementation plan exists, a vehicle shall be tested at a
1009     frequency determined by the county legislative body, in consultation with the Air Quality
1010     Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
1011     maintain any national ambient air quality standard.
1012          (iv) If a county legislative body establishes or changes the frequency of a vehicle
1013     emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
1014     or change shall take effect on January 1 if the State Tax Commission receives notice meeting
1015     the requirements of Subsection (9)(c)(v) from the county before October 1.
1016          (v) The notice described in Subsection (9)(c)(iv) shall:
1017          (A) state that the county will establish or change the frequency of the vehicle emissions
1018     inspection and maintenance program under this section;
1019          (B) include a copy of the ordinance establishing or changing the frequency; and

1020          (C) if the county establishes or changes the frequency under this section, state how
1021     frequently the emissions testing will be required.
1022          (d) If an emissions inspection is only required every two years for a vehicle under
1023     Subsection (9)(c), the inspection shall be required for the vehicle in:
1024          (i) odd-numbered years for vehicles with odd-numbered model years; or
1025          (ii) in even-numbered years for vehicles with even-numbered model years.
1026          (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1027     required under this section may be made no more than two months before the renewal of
1028     registration.
1029          (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
1030     emissions inspection certificate issued for the motor vehicle during the previous 11 months to
1031     satisfy the requirement under this section.
1032          (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
1033     use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
1034     motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
1035     this section.
1036          (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1037     lessee may use an emissions inspection certificate issued during the previous 11 months to
1038     satisfy the requirement under this section.
1039          (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
1040     use an emissions inspection made more than 11 months before the renewal of registration to
1041     satisfy the requirement under this section.
1042          (e) If the application for renewal of registration is for a six-month registration period
1043     under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
1044     the previous eight months to satisfy the requirement under this section.
1045          (11) (a) A county identified in Subsection (1) shall collect information about and
1046     monitor the program.
1047          (b) A county identified in Subsection (1) shall supply this information to an appropriate
1048     legislative committee, as designated by the Legislative Management Committee, at times
1049     determined by the designated committee to identify program needs, including funding needs.
1050          (12) If approved by the county legislative body, a county that had an established

1051     emissions inspection fee as of January 1, 2002, may increase the established fee that an
1052     emissions inspection station may charge by $2.50 for each year that is exempted from
1053     emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1054          (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1055     Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
1056     within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1057          (b) A county that imposes a local emissions compliance fee may use revenues
1058     generated from the fee for the establishment and enforcement of an emissions inspection and
1059     maintenance program in accordance with the requirements of this section.
1060          (c) A county that imposes a local emissions compliance fee may use revenues
1061     generated from the fee to promote programs to maintain a local, state, or national ambient air
1062     quality standard.
1063          (14) (a) If a county has reason to believe that a vehicle owner has provided an address
1064     as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county
1065     other than the county of the bona fide residence of the owner in order to avoid an emissions
1066     inspection required under this section, the county may investigate and gather evidence to
1067     determine whether the vehicle owner has used a false address or an address other than the
1068     vehicle owner's bona fide residence or place of business.
1069          (b) If a county conducts an investigation as described in Subsection (14)(a) and
1070     determines that the vehicle owner has used a false or improper address in an effort to avoid an
1071     emissions inspection as required in this section, the county may impose a civil penalty of
1072     $1,000.