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7 LONG TITLE
8 General Description:
9 This bill removes the requirement to display a registration decal on certain vehicles and
10 creates a month-to-month vehicle registration option.
11 Highlighted Provisions:
12 This bill:
13 ▸ removes the requirement for certain motor vehicles to display a month or year
14 registration decal on the vehicle's license plate;
15 ▸ creates a month-to-month vehicle registration option;
16 ▸ describes which vehicles may enroll in the month-to-month vehicle registration
17 program;
18 ▸ provides framework and instructions for the month-to-month vehicle registration
19 program within the Motor Vehicle Division;
20 ▸ clarifies when and how the Motor Vehicle Division must notify each vehicle owner
21 of vehicle registration expiration; and
22 ▸ makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill provides a special effective date.
27 Utah Code Sections Affected:
28 AMENDS:
29 41-1a-102, as last amended by Laws of Utah 2023, Chapters 33, 532
30 41-1a-203, as last amended by Laws of Utah 2021, Chapter 59
31 41-1a-206, as last amended by Laws of Utah 2006, Chapter 164
32 41-1a-209, as last amended by Laws of Utah 2021, Chapter 135
33 41-1a-215, as last amended by Laws of Utah 2012, Chapter 397
34 41-1a-216, as last amended by Laws of Utah 2021, Chapter 135
35 41-1a-222, as last amended by Laws of Utah 2023, Chapter 33
36 41-1a-402, as repealed and reenacted by Laws of Utah 2023, Chapter 33
37 41-1a-1201, as last amended by Laws of Utah 2023, Chapters 33, 212, 219, 335, and
38 372
39 41-6a-1642, as last amended by Laws of Utah 2023, Chapters 22, 33 and 532
40 41-22-2, as last amended by Laws of Utah 2022, Chapters 68, 88
41 59-2-405.1, as last amended by Laws of Utah 2012, Chapter 397
42 ENACTS:
43 41-1a-215.4, Utah Code Annotated 1953
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 41-1a-102 is amended to read:
47 41-1a-102. Definitions.
48 As used in this chapter:
49 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
50 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
51 vehicles as operated and certified to by a weighmaster.
52 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
53 41-22-2.
54 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
55 41-22-2.
56 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
57 41-22-2.
58 (6) "Alternative fuel vehicle" means:
59 (a) an electric motor vehicle;
60 (b) a hybrid electric motor vehicle;
61 (c) a plug-in hybrid electric motor vehicle; or
62 (d) a motor vehicle powered exclusively by a fuel other than:
63 (i) motor fuel;
64 (ii) diesel fuel;
65 (iii) natural gas; or
66 (iv) propane.
67 (7) "Amateur radio operator" means a person licensed by the Federal Communications
68 Commission to engage in private and experimental two-way radio operation on the amateur
69 band radio frequencies.
70 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
71 (9) "Automated driving system" means the same as that term is defined in Section
72 41-26-102.1.
73 (10) "Branded title" means a title certificate that is labeled:
74 (a) rebuilt and restored to operation;
75 (b) flooded and restored to operation; or
76 (c) not restored to operation.
77 (11) "Camper" means a structure designed, used, and maintained primarily to be
78 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
79 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
80 camping.
81 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
82 record of ownership between an identified owner and the described vehicle, vessel, or outboard
83 motor.
84 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
85 weighmaster.
86 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
87 maintained for the transportation of persons or property that operates:
88 (a) as a carrier for hire, compensation, or profit; or
89 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
90 owner's commercial enterprise.
91 (15) "Commission" means the State Tax Commission.
92 (16) "Consumer price index" means the same as that term is defined in Section
93 59-13-102.
94 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
95 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
96 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
97 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
98 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
99 (19) "Division" means the Motor Vehicle Division of the commission, created in
100 Section 41-1a-106.
101 (20) "Dynamic driving task" means the same as that term is defined in Section
102 41-26-102.1.
103 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
104 electric motor drawing current from a rechargeable energy storage system.
105 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
106 to be registered in this state, the removal, alteration, or substitution of which would tend to
107 conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
108 or mode of operation.
109 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
110 implement for drawing plows, mowing machines, and other implements of husbandry.
111 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
112 the owner's or operator's own use in the transportation of:
113 (i) farm products, including livestock and its products, poultry and its products,
114 floricultural and horticultural products;
115 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
116 agricultural, floricultural, horticultural, livestock, and poultry production; and
117 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
118 other purposes connected with the operation of a farm.
119 (b) "Farm truck" does not include the operation of trucks by commercial processors of
120 agricultural products.
121 (25) "Fleet" means one or more commercial vehicles.
122 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
123 this state from another state, territory, or country other than in the ordinary course of business
124 by or through a manufacturer or dealer, and not registered in this state.
125 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
126 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
127 (28) "Highway" or "street" means the entire width between property lines of every way
128 or place of whatever nature when any part of it is open to the public, as a matter of right, for
129 purposes of vehicular traffic.
130 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
131 energy from onboard sources of stored energy that are both:
132 (a) an internal combustion engine or heat engine using consumable fuel; and
133 (b) a rechargeable energy storage system where energy for the storage system comes
134 solely from sources onboard the vehicle.
135 (30) (a) "Identification number" means the identifying number assigned by the
136 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
137 motor.
138 (b) "Identification number" includes a vehicle identification number, state assigned
139 identification number, hull identification number, and motor serial number.
140 (31) "Implement of husbandry" means a vehicle designed or adapted and used
141 exclusively for an agricultural operation and only incidentally operated or moved upon the
142 highways.
143 (32) (a) "In-state miles" means the total number of miles operated in this state during
144 the preceding year by fleet power units.
145 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
146 total number of miles that those vehicles were towed on Utah highways during the preceding
147 year.
148 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
149 province, territory, or possession of the United States or foreign country.
150 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
151 possession of the United States or any foreign country.
152 (35) "Lienholder" means a person with a security interest in particular property.
153 (36) "Manufactured home" means a transportable factory built housing unit constructed
154 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
155 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
156 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
157 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
158 with or without a permanent foundation when connected to the required utilities, and includes
159 the plumbing, heating, air-conditioning, and electrical systems.
160 (37) "Manufacturer" means a person engaged in the business of constructing,
161 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
162 outboard motors for the purpose of sale or trade.
163 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
164 for use by armed forces and that is maintained in a condition that represents the vehicle's
165 military design and markings regardless of current ownership or use.
166 (39) "Mobile home" means a transportable factory built housing unit built prior to June
167 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
168 Manufactured Housing and Safety Standards Act (HUD Code).
169 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
170 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
171 operation on the highways.
172 (b) "Motor vehicle" does not include:
173 (i) an off-highway vehicle; or
174 (ii) a motor assisted scooter as defined in Section 41-6a-102.
175 (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
176 (43) "Motorcycle" means:
177 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
178 more than three wheels in contact with the ground; or
179 (b) an autocycle.
180 (44) "Natural gas" means a fuel of which the primary constituent is methane.
181 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
182 Section 41-1a-202, and who does not engage in intrastate business within this state and does
183 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
184 (b) A person who engages in intrastate business within this state and operates in that
185 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
186 interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
187 considered a resident of this state, insofar as that vehicle is concerned in administering this
188 chapter.
189 (46) "Odometer" means a device for measuring and recording the actual distance a
190 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
191 periodically reset.
192 (47) "Off-highway implement of husbandry" means the same as that term is defined in
193 Section 41-22-2.
194 (48) "Off-highway motorcycle" means the same as that term is defined in Section
195 41-22-2.
196 [
197 41-22-2.
198 [
199 (i) to navigate a vessel; or
200 (ii) collectively, the activities performed in order to perform the entire dynamic driving
201 task for a given motor vehicle by:
202 (A) a human driver as defined in Section 41-26-102.1; or
203 (B) an engaged automated driving system.
204 (b) "Operate" includes testing of an automated driving system.
205 [
206 type issued by the state in the same year as the model year of a vehicle that is a model year
207 1973 or older.
208 [
209 excluding fuel supply, used to propel a vessel.
210 [
211 vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
212 subject to a security interest.
213 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
214 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
215 stated in the agreement and with an immediate right of possession vested in the conditional
216 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
217 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
218 chapter.
219 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
220 owner until the lessee exercises the lessee's option to purchase the vehicle.
221 [
222 (a) is designed and marketed as temporary living quarters for recreational, camping,
223 travel, or seasonal use;
224 (b) is not permanently affixed to real property for use as a permanent dwelling;
225 (c) requires a special highway movement permit for transit; and
226 (d) is built on a single chassis mounted on wheels with a gross trailer area not
227 exceeding 400 square feet in the setup mode.
228 [
229 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
230 to the vehicle by the division.
231 [
232 manufactured, remanufactured, or materially altered to provide an open cargo area.
233 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
234 camper, camper shell, tarp, removable top, or similar structure.
235 [
236 vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
237 from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
238 vehicle while the vehicle is in motion.
239 [
240 support the load.
241 [
242 division that is within 16 months immediately preceding the commencement of the registration
243 or license year in which proportional registration is sought. The division in fixing the period
244 shall conform it to the terms, conditions, and requirements of any applicable agreement or
245 arrangement for the proportional registration of vehicles.
246 [
247 are kept and stored and where a charge is made for the storage and keeping of vehicles and
248 vessels.
249 [
250 surrender of ownership documents described in Section 41-1a-503.
251 [
252 in this state that is materially altered from its original construction by the removal, addition, or
253 substitution of essential parts, new or used.
254 [
255 13-14-102.
256 [
257 operation of a vehicle or vessel on the highways or waters of this state for the time period for
258 which the registration is valid and that is evidence of compliance with the registration
259 requirements of the jurisdiction.
260 [
261 of compliance with the division's registration requirements.
262 [
263 with the completion of the applicable registration criteria.
264 (b) For administration of a multistate agreement for proportional registration the
265 division may prescribe a different 12-month period.
266 [
267 outboard motors to a sound working condition by substituting any inoperative part of the
268 vehicle, vessel, or outboard motor, or by correcting the inoperative part.
269 [
270 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
271 (b) a custom vehicle that meets the requirements under Subsection
272 41-6a-1507(1)(a)(i)(B).
273 [
274 and modified with modern parts and technology, including emission control technology and an
275 on-board diagnostic system.
276 [
277 vehicles and constructed so it does not carry any load either independently or any part of the
278 weight of a vehicle or load that is drawn.
279 [
280 [
281 agreement to secure the payment or performance of an obligation and that is valid against third
282 parties.
283 [
284 persons or property and for being drawn by a motor vehicle and constructed so that some part
285 of its weight and its load rests or is carried by another vehicle.
286 [
287 particular group of people or a license plate authorized and issued by the division in accordance
288 with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates.
289 [
290 transportation purposes and that is:
291 (i) 20 years or older from the current year; or
292 (ii) a make or model of motor vehicle recognized by the division director as having
293 unique interest or historic value.
294 (b) In making a determination under Subsection [
295 shall give special consideration to:
296 (i) a make of motor vehicle that is no longer manufactured;
297 (ii) a make or model of motor vehicle produced in limited or token quantities;
298 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
299 designed exclusively for educational purposes or museum display; or
300 (iv) a motor vehicle of any age or make that has not been substantially altered or
301 modified from original specifications of the manufacturer and because of its significance is
302 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
303 leisure pursuit.
304 [
305 (i) not designed or used primarily for the transportation of persons or property;
306 (ii) not designed to operate in traffic; and
307 (iii) only incidentally operated or moved over the highways.
308 (b) "Special mobile equipment" includes:
309 (i) farm tractors;
310 (ii) off-road motorized construction or maintenance equipment including backhoes,
311 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
312 (iii) ditch-digging apparatus.
313 (c) "Special mobile equipment" does not include a commercial vehicle as defined
314 under Section 72-9-102.
315 [
316 registered in this state, not originally constructed under a distinctive name, make, model, or
317 type by a generally recognized manufacturer of vehicles, and not materially altered from its
318 original construction.
319 [
320 described in Subsection 41-1a-402(1).
321 (b) "Standard license plate" includes a license plate for general issue that the division
322 issues before January 1, 2024.
323 [
324 outboard motor that meets the requirements of rules made by the commission pursuant to
325 Subsection 41-1a-1101(5).
326 [
327 group and displayed on a special group license plate.
328 [
329 motor.
330 [
331 jurisdictions during the preceding year by power units.
332 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
333 the number of miles that those vehicles were towed on the highways of all jurisdictions during
334 the preceding year.
335 [
336 72-9-102.
337 [
338 72-9-102.
339 [
340 persons or property and for being drawn by a motor vehicle and constructed so that no part of
341 its weight rests upon the towing vehicle.
342 [
343 conveyed by sale, gift, or any other means except by the creation of a security interest.
344 [
345 property by sale, gift, or any other means except by creation of a security interest.
346 [
347 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
348 vacation use that does not require a special highway movement permit when drawn by a
349 self-propelled motor vehicle.
350 [
351 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
352 vehicle and load that is drawn.
353 [
354 camper, park model recreational vehicle, manufactured home, and mobile home.
355 [
356 [
357 41-21-1.
358 [
359 73-18-2.
360 [
361 permitted to weigh vehicles under this chapter.
362 Section 2. Section 41-1a-203 is amended to read:
363 41-1a-203. Prerequisites for registration, transfer of ownership, or registration
364 renewal.
365 (1) (a) (i) Except as provided in Subsection (1)(b), the division shall mail a notification
366 to the owner of a vehicle at least 30 days before the date the vehicle's registration is due to
367 expire.
368 (ii) The division shall ensure that mailing of notifications described in Section (1)(a)(i)
369 begins as soon as practicable.
370 (b) (i) The division shall provide a process for a vehicle owner to choose to receive
371 electronic notification of the pending expiration of a vehicle's registration.
372 (ii) If a vehicle owner chooses electronic notification, the division shall electronically
373 notify [
374 registration is due to expire.
375 (iii) If a motor vehicle is registered on a month-to-month basis as described in Section
376 41-1a-215.4, in lieu of notification by mail, the division shall notify the motor vehicle owner
377 each month via electronic notification of:
378 (A) the pending expiration and automatic renewal of the vehicle's registration; and
379 (B) whether the fee payment and renewal of the motor vehicle's registration were
380 successfully completed.
381 (2) Except as otherwise provided, before registration of a vehicle, an owner shall:
382 (a) obtain an identification number inspection under Section 41-1a-204;
383 (b) obtain a certificate of emissions inspection, if required in the current year, as
384 provided under Section 41-6a-1642;
385 (c) pay property taxes, the in lieu fee, or receive a property tax clearance under Section
386 41-1a-206 or 41-1a-207;
387 (d) pay the automobile driver education tax required by Section 41-1a-208;
388 (e) pay the applicable registration fee under Part 12, Fee and Tax Requirements;
389 (f) pay the uninsured motorist identification fee under Section 41-1a-1218, if
390 applicable;
391 (g) pay the motor carrier fee under Section 41-1a-1219, if applicable;
392 (h) pay any applicable local emissions compliance fee under Section 41-1a-1223; and
393 (i) pay the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act.
394 (3) In addition to the requirements in Subsection (1), an owner of a vehicle that has not
395 been previously registered or that is currently registered under a previous owner's name shall
396 apply for a valid certificate of title in the owner's name before registration.
397 (4) The division may not issue a new registration, transfer of ownership, or registration
398 renewal under Section 73-18-7 for a vessel or outboard motor that is subject to this chapter
399 unless a certificate of title has been or is in the process of being issued in the same owner's
400 name.
401 (5) The division may not issue a new registration, transfer of ownership, or registration
402 renewal under Section 41-22-3 for an off-highway vehicle that is subject to this chapter unless
403 a certificate of title has been or is in the process of being issued in the same owner's name.
404 (6) The division may not issue a registration renewal for a motor vehicle if the division
405 has received a hold request for the motor vehicle for which a registration renewal has been
406 requested as described in:
407 (a) Section 72-1-213.1; or
408 (b) Section 72-6-118.
409 Section 3. Section 41-1a-206 is amended to read:
410 41-1a-206. Payment of property taxes or in lieu fees before registration.
411 (1) Except as provided in Subsection (2), the division before issuing any registration
412 shall require from every applicant for the registration [
413
414 (a) the property tax or in lieu fee on the vehicle for the current registration period has
415 been paid;
416 (b) in the assessor's opinion the tax or in lieu fee is a lien on real property sufficient to
417 secure the payment of the tax; or
418 (c) the vehicle is exempt by law from payment of property tax or the in lieu fee for the
419 current registration period.
420 (2) The requirements of Subsection (1) do not apply to the registration of ambulances,
421 peace officer patrol vehicles, fire engines, passenger cars and trucks owned and used by the
422 United States government or by the state of Utah or by any of its political subdivisions, and
423 motor vehicles assessed by the commission under Section 59-2-201.
424 Section 4. Section 41-1a-209 is amended to read:
425 41-1a-209. Application for registration -- Contents.
426 (1) An owner of a vehicle subject to registration under this part shall apply to the
427 division for registration on forms furnished by the division.
428 (2) The application for registration shall include:
429 (a) the signature of an owner of the vehicle to be registered;
430 (b) the name, bona fide residence and mailing address of the owner, or business
431 address of the owner if the owner is a firm, association, or corporation;
432 (c) a description of the vehicle including the make, model, type of body, the model year
433 as specified by the manufacturer, the number of cylinders, and the identification number of the
434 vehicle;
435 (d) other information required by the division to enable it to determine whether the
436 owner is lawfully entitled to register the vehicle; [
437 (e) an indication if the applicant is applying for automatic registration renewal as
438 described in Section 41-1a-216[
439 (f) an indication specifying the type of vehicle registration for which the applicant is
440 applying.
441 Section 5. Section 41-1a-215 is amended to read:
442 41-1a-215. Staggered registration dates -- Exceptions.
443 (1) (a) Except as provided under Subsections (2) and (3), every vehicle registration,
444 every registration card, and every registration plate issued under this chapter for the first
445 registration of the vehicle in this state, continues in effect for a period of 12 months beginning
446 with the first day of the calendar month of registration and does not expire until the last day of
447 the same month in the following year.
448 (b) If the last day of the registration period falls on a day in which the appropriate state
449 or county offices are not open for business, the registration of the vehicle is extended to
450 midnight of the next business day.
451 (2) The provisions of Subsection (1) do not apply to the following:
452 (a) registration issued to government vehicles under Section 41-1a-221;
453 (b) registration issued to apportioned vehicles under Section 41-1a-301;
454 (c) multiyear registration issued under Section 41-1a-222;
455 (d) lifetime trailer registration issued under Section 41-1a-1206;
456 (e) a month-to-month registration issued under Section 41-1a-215.4;
457 [
458 [
459 [
460 transporter under [
461 Dealer License Plates.
462 (3) (a) Upon application of the owner or lessee of a fleet of commercial vehicles not
463 apportioned under Section 41-1a-301 and required to be registered in this state, the State Tax
464 Commission may permit the vehicles to be registered for a registration period commencing on
465 the first day of March, June, September, or December of any year and expiring on the last day
466 of March, June, September, or December in the following year.
467 (b) Upon application of the owner or lessee of a fleet of commercial vehicles
468 apportioned under Section 41-1a-301 and required to be registered in this state, the State Tax
469 Commission may permit the vehicles to be registered for a registration period commencing on
470 the first day of January, April, July, or October of any year and expiring on the last day of
471 March, June, September, or December in the following year.
472 (4) When the expiration of a registration plate is extended by affixing a registration
473 decal to it, the expiration of the decal governs the expiration date of the plate.
474 Section 6. Section 41-1a-215.4 is enacted to read:
475 41-1a-215.4. Month-to-month motor vehicle registration.
476 (1) A person may register a motor vehicle on a month-to-month basis if the person
477 enrolls in:
478 (a) automatic registration renewal described in Subsection 41-1a-216(2)(d); and
479 (b) electronic notification of registration renewal as described in Subsection
480 41-1a-203(1)(b)(iii).
481 (2) A month-to-month registration period begins on the first day of the calendar month
482 and expires on the last day of the same calendar month.
483 (3) (a) A motor vehicle owner seeking month-to-month registration satisfies the
484 requirements described in Section 41-1a-203 by:
485 (i) at the time of registration:
486 (A) obtaining an identification number inspection under Section 41-1a-204, if required;
487 and
488 (B) paying the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act, if
489 applicable;
490 (ii) if required, obtaining a certificate of emissions inspection as provided under
491 Section 41-6a-1642; and
492 (iii) paying the following fees and taxes each month if applicable for the type of
493 vehicle being registered:
494 (A) property taxes or the in lieu fee described in Section 41-1a-206, 41-1a-207, or
495 59-2-405.1;
496 (B) the automobile driver education fee described in Section 41-1a-1204;
497 (C) the relevant registration fees described in Section 41-1a-1206;
498 (D) the uninsured motorist identification fee described in Section 41-1a-1218;
499 (E) the motor carrier fee described in Section 41-1a-1219;
500 (F) the local option highway construction and transportation corridor preservation fee
501 described in Section 41-1a-1222; and
502 (G) the local emissions compliance fee described in Section 41-1a-1223.
503 (b) In addition to any electronic payment fee charged as described in Section
504 41-1a-1221, the cost of the monthly charge described in Subsection (3)(a)(iii) is equal to
505 one-twelfth of the annual cost of the applicable fee or tax for the same motor vehicle registered
506 for a 12-month period rounded up to the nearest one cent.
507 (c) The first time a motor vehicle is registered on a month-to-month basis, the person
508 registering the vehicle:
509 (i) shall register directly with the division; and
510 (ii) may not register through a dealer.
511 (4) (a) If a person registers a motor vehicle on a month-to-month basis, the registration
512 and payment of fees and taxes as provided in this section shall continue each month through an
513 automated transaction, and the person may not cancel or stop payment unless the person
514 electronically notifies the division that:
515 (i) the person has sold the motor vehicle or returned a leased motor vehicle;
516 (ii) the motor vehicle is destroyed;
517 (iii) the person has registered the motor vehicle in another state; or
518 (iv) the person has registered the motor vehicle under a different type of motor vehicle
519 registration.
520 (b) The division may not issue a refund of an automatic payment required for a
521 month-to-month registration as described in this section if a person fails to notify the division
522 of change in registration status as described and required in Subsection (4)(a).
523 (5) For a motor vehicle registered on a month-to-month basis, the registration is
524 revoked if:
525 (a) the person that registers the vehicle fails to make the monthly payment as required
526 in this section; or
527 (b) the payment method is canceled or declined.
528 (6) If a motor vehicle registration is revoked under Subsection (5), and the division
529 reasonably determines that the owner of the vehicle has not acted in good faith to ensure timely
530 payment, the division may prohibit the motor vehicle from being registered on a
531 month-to-month basis by the same owner for one year.
532 Section 7. Section 41-1a-216 is amended to read:
533 41-1a-216. Renewal of registration.
534 (1) The division may receive applications for registration renewal and issue new
535 registration cards at any time prior to the expiration of the registration, subject to the
536 availability of renewal materials.
537 (2) (a) Except as provided in Subsections (2)(c), (2)(d), and (3), the new registration
538 shall retain the same expiration month as recorded on the original registration even if the
539 registration has expired.
540 (b) Except as provided in Subsection (2)(c) and (d), the year of registration expiration
541 shall be changed to reflect the renewed registration period.
542 (c) If the application for renewal of registration is for a six-month registration period
543 under Section 41-1a-215.5, the new registration shall be for a six-month registration period that
544 begins with the first day of the calendar month following the last day of the expiration month
545 of the previous registration period as recorded on the original registration even if the
546 registration has expired.
547 (d) If a motor vehicle is registered on a month-to-month basis as described in Section
548 41-1a-215.4, the registration shall:
549 (i) automatically renew each month if:
550 (A) the owner of the motor vehicle has complied with the requirements under this part;
551 (B) the motor vehicle is in compliance with the emissions inspection requirement
552 described in Section 41-6a-1642; and
553 (C) payment under Section 41-1a-1206 is made electronically each month; and
554 (ii) be for a one-month registration period that begins with the first day of each
555 calendar month and ends on the last day of each respective calendar month.
556 (3) Subsection (2) does not apply if the owner can verify to the satisfaction of the
557 division that the vehicle registration was not renewed prior to its expiration due to the fact that
558 the vehicle was in storage, inoperable, or otherwise out of service.
559 (4) If the registration renewal application is an application generated by the division
560 through its automated system, the owner need not surrender the last registration card or
561 duplicate.
562 (5) A vehicle with an "EX" or "UHP" license plate, owned by an entity described in
563 Section 41-1a-407, is exempt from registration renewal requirements.
564 (6) The division shall establish a process by which an individual may request automatic
565 renewal of registration.
566 (7) An individual may request automatic renewal of registration as provided by the
567 division.
568 (8) If the vehicle is subject to an emissions inspection as described in Section
569 41-6a-1642 for the year for which a vehicle automatic registration is requested, the automatic
570 renewal is not effective until the vehicle has passed an emissions inspection as required in
571 Section 41-6a-1642.
572 (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
573 commission may make rules establishing procedures for an individual to apply for and the
574 division to administer automatic renewal of registration and automatic payment of fees as
575 required in this chapter and relevant taxes.
576 Section 8. Section 41-1a-222 is amended to read:
577 41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
578 (1) The owner of any intrastate fleet of commercial vehicles which is based in the state
579 may apply to the commission for registration in accordance with this section.
580 (a) The application shall be made on a form prescribed by the commission.
581 (b) Upon payment of required fees and meeting other requirements prescribed by the
582 commission, the division shall issue, to each vehicle for which application has been made, a
583 multiyear license plate and registration card.
584 (i) The [
585 by the division and [
586 registration card is issued is transferred by the applicant or until the expiration date, whichever
587 comes first.
588 (ii) An annual renewal application must be made by the owner if registration
589 identification has been issued on an annual installment fee basis and the required fees must be
590 paid on an annual basis.
591 (iii) License plates and registration cards issued pursuant to this section are valid for an
592 eight-year period, commencing with the year of initial application in this state.
593 (c) When application for registration or renewal is made on an installment payment
594 basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
595 surety, approved by the commission and in an amount equal to the total annual fees required
596 for all vehicles registered to the applicant in accordance with this section.
597 (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
598 the name of the fleet.
599 (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
600 lieu fees otherwise due pursuant to:
601 (a) Section 41-1a-206;
602 (b) Section 41-1a-207;
603 (c) Subsection 41-1a-301(12);
604 (d) Section 59-2-405.1;
605 (e) Section 59-2-405.2; or
606 (f) Section 59-2-405.3.
607 (4) An owner who fails to comply with the provisions of this section is subject to the
608 penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of
609 the privileges granted in this section.
610 Section 9. Section 41-1a-402 is amended to read:
611 41-1a-402. Standard license plates -- Required colors, numerals, and letters --
612 Expiration.
613 (1) (a) Upon registering a vehicle, the division shall issue to the owner a standard
614 license plate described in Subsection (1)(b) unless the division issues to the owner:
615 (i) a special group license plate in accordance with Section 41-1a-418; or
616 (ii) an apportioned vehicle license plate in accordance with Section 41-1a-301.
617 (b) The division may offer up to four standard license plate options at one time, each
618 with a different design as follows:
619 (i) two designs that incorporate one or more elements that represent the state's
620 economy or geography;
621 (ii) one design that represents the state's values or culture; and
622 (iii) one design that commemorates a current event relevant to the state or a significant
623 anniversary of a historic event relevant to the state.
624 (c) The division shall offer:
625 (i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and
626 (ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period.
627 (d) The division may not offer more than four standard license plate designs at any one
628 time.
629 (2) Before the division may offer a design described in Subsection (1)(b), the division
630 shall:
631 (a) consult with the Utah Department of Cultural and Community Engagement
632 regarding the proposed design;
633 (b) identify which current standard license plate design will be replaced by the
634 proposed design;
635 (c) submit the proposed design to the governor for approval; and
636 (d) if the governor approves the design pursuant to Subsection (2)(c), submit to the
637 Transportation Interim Committee a request for the Legislature to approve the proposed design
638 by concurrent resolution.
639 (3) The division may issue a new standard license plate design only if:
640 (a) the Legislature has by concurrent resolution approved the standard license plate
641 design; and
642 (b) sufficient funds are appropriated for the initial costs of production.
643 (4) (a) Except as provided in Subsection (4)(b), the division may not order or produce a
644 standard license plate that is discontinued under this section.
645 (b) The division may issue a discontinued standard license plate until the division
646 exhausts the discontinued standard license plate's remaining stock.
647 (5) (a) Each license plate shall have displayed on it:
648 [
649 issued; and
650 [
651 [
652
653 (b) In addition to Subsection (5)(a), an off-highway vehicle shall also display a
654 registration decal showing the date of expiration as described in Subsection (8).
655 (c) The division shall issue and the following vehicles shall display a registration decal
656 showing the date of expiration:
657 (i) a motorboat or sailboat required to be registered under Section 73-18-7; and
658 (ii) a park model recreational vehicle.
659 (6) If registration is extended by affixing a registration decal to the license plate, the
660 expiration date of the registration decal governs the expiration date of the license plate.
661 (7) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216,
662 license plates shall be renewed annually.
663 (b) For an off-highway vehicle as described in Subsection (5)(b), the division shall
664 issue:
665 (i) [
666 registration decal upon the vehicle's first registration with the division[
667 (ii) [
668 subsequent renewals of registration to validate registration renewal.
669 (8) Except as otherwise provided by rule:
670 (a) the month registration decal issued in accordance with Subsection (7) shall be
671 displayed on the license plate in the left position; and
672 (b) the year registration decal issued in accordance with Subsection (7) shall be
673 displayed on the license plate in the right position.
674 (9) The current year registration decal issued in accordance with Subsection (7) shall
675 be placed over or in place of the previous year registration decal.
676 (10) If a license plate, month registration decal, or year registration decal is lost or
677 destroyed, a replacement shall be issued upon application and payment of the fees required
678 under Section 41-1a-1211 or 41-1a-1212.
679 (11) (a) A violation of this section is an infraction.
680 (b) A court shall waive a fine for a violation under this section if:
681 (i) the registration for the vehicle was current at the time of the citation; and
682 (ii) the person to whom the citation was issued provides, within 21 business days,
683 evidence that the license plate and registration decals are properly displayed in compliance with
684 this section.
685 (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
686 the division may make rules regarding the placement and positioning of registration decals on
687 license plates issued by the division.
688 Section 10. Section 41-1a-1201 is amended to read:
689 41-1a-1201. Disposition of fees.
690 (1) All fees received and collected under this part shall be transmitted daily to the state
691 treasurer.
692 (2) Except as provided in Subsections (3), (5), (6), (7), (8), and (9) and Sections
693 41-1a-1205, 41-1a-1220, 41-1a-1221, 41-1a-1222, 41-1a-1223, and 41-1a-1603, all fees
694 collected under this part shall be deposited into the Transportation Fund.
695 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), (7), and (9), and
696 Section 41-1a-1212 shall be deposited into the License Plate Restricted Account created in
697 Section 41-1a-122.
698 (4) (a) Except as provided in Subsections (3) and (4)(b) and Section 41-1a-1205, the
699 expenses of the commission in enforcing and administering this part shall be provided for by
700 legislative appropriation from the revenues of the Transportation Fund.
701 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
702 and (b) for each vehicle registered for a six-month registration period under Section
703 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
704 administering this part.
705 (c) Sixty cents of the registration fees imposed under Subsection 41-1a-1206(1) for
706 each vehicle registered on a month-to-month basis under Section 41-1a-215.4 may be used by
707 the commission to cover the costs incurred in enforcing and administering this part.
708 [
709 for each vintage vehicle that has a model year of 1981 or newer may be used by the
710 commission to cover the costs incurred in enforcing and administering this part.
711 (5) (a) [
712 registration fees imposed under Section 41-1a-1206 for each vehicle shall be deposited into the
713 Transportation Investment Fund of 2005 created in Section 72-2-124:
714 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
715 (1)(f), (4), and (7);
716 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
717 (1)(c)(ii);
718 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
719 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
720 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
721 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
722 (b) The following portions of the registration fees collected for each vehicle registered
723 for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
724 Transportation Investment Fund of 2005 created in Section 72-2-124:
725 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
726 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
727 (c) The following portions of the registration fees imposed under Section 41-1a-1206
728 and collected for each vehicle registered on a month-to-month basis under Section 41-1a-215.4
729 shall be deposited into the Transportation Investment Fund of 2005 created in Section
730 72-2-124:
731 (i) $2.50 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
732 (1)(f), (4), and (7);
733 (ii) $1.75 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
734 (1)(c)(ii);
735 (iii) 21 cents of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
736 (iv) $1.92 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
737 (v) $1.79 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
738 (vi) nine cents of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
739 (6) (a) [
740 registration fee imposed under Subsections 41-1a-1206(1)(a) and (b) for each vehicle shall be
741 deposited into the Public Safety Restricted Account created in Section 53-3-106.
742 (b) Seventy-one cents of each registration fee imposed under Subsections
743 41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
744 Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
745 Section 53-3-106.
746 (c) Eight cents of each registration fee imposed under Subsections 41-1a-1206(1)(a)
747 and (b) for each vehicle registered on a month-to-month basis under Section 41-1a-215.4 shall
748 be deposited into the Public Safety Restricted Account created in Section 53-3-106.
749 (7) (a) [
750 fee imposed under Subsections 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited
751 into the Motor Vehicle Safety Impact Restricted Account created in Section 53-8-214.
752 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
753 and (b) for each vehicle registered for a six-month registration period under Section
754 41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
755 created in Section 53-8-214.
756 (c) Nine cents of each registration fee imposed under Subsections 41-1a-1206(2)(a)
757 and (b) for each vehicle registered on a month-to-month basis under Section 41-1a-215.4 shall
758 be deposited into the Motor Vehicle Safety Impact Restricted Account created in Section
759 53-8-214.
760 (8) (a) [
761 imposed under Subsection 41-1a-1206(1)(a) for each motorcycle shall be deposited into the
762 Neuro-Rehabilitation Fund created in Section 26B-1-319.
763 (b) Five cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
764 each motorcycle registered on a month-to-month basis under Section 41-1a-215.4 shall be
765 deposited into the Neuro-Rehabilitation Fund created in Section 26B-1-319.
766 (9) (a) (i) [
767 subject to Subsection (9)(b), $2 of each registration fee imposed under Section 41-1a-1206
768 shall be deposited into the Rural Transportation Infrastructure Fund created in Section
769 72-2-133.
770 (ii) For a motor vehicle registered on a month-to-month basis under Section
771 41-1a-215.4, subject to Subsection (9)(b), 17 cents of each registration fee imposed under
772 Section 41-1a-1206 shall be deposited into the Rural Transportation Infrastructure Fund created
773 in Section 72-2-133.
774 (b) Beginning on January 1, 2025, and each January 1 thereafter, the amount described
775 in Subsection (9)(a) shall be annually adjusted by taking the amount deposited the previous
776 year and adding an amount equal to the greater of:
777 (i) an amount calculated by multiplying the amount deposited by the previous year by
778 the actual percentage change during the previous fiscal year in the Consumer Price Index; and
779 (ii) 0.
780 (c) The amounts calculated as described in Subsection (9)(b) shall be rounded up to the
781 nearest 1 cent.
782 Section 11. Section 41-6a-1642 is amended to read:
783 41-6a-1642. Emissions inspection -- County program.
784 (1) The legislative body of each county required under federal law to utilize a motor
785 vehicle emissions inspection and maintenance program or in which an emissions inspection
786 and maintenance program is necessary to attain or maintain any national ambient air quality
787 standard shall require:
788 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
789 is exempt from emissions inspection and maintenance program requirements be presented:
790 (i) as a condition of registration or renewal of registration; and
791 (ii) at other times as the county legislative body may require to enforce inspection
792 requirements for individual motor vehicles, except that the county legislative body may not
793 routinely require a certificate of emissions inspection, or waiver of the certificate, more often
794 than required under Subsection (9); and
795 (b) compliance with this section for a motor vehicle registered or principally operated
796 in the county and owned by or being used by a department, division, instrumentality, agency, or
797 employee of:
798 (i) the federal government;
799 (ii) the state and any of its agencies; or
800 (iii) a political subdivision of the state, including school districts.
801 (2) (a) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle
802 emissions inspection and maintenance program certificate of emissions inspection as described
803 in Subsection (1), but the program may not deny vehicle registration based solely on the
804 presence of a defeat device covered in the Volkswagen partial consent decrees or a United
805 States Environmental Protection Agency-approved vehicle modification in the following
806 vehicles:
807 (i) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide emissions
808 are mitigated in the state pursuant to a partial consent decree, including:
809 (A) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
810 (B) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
811 2014;
812 (C) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
813 (D) Volkswagen Golf Sportwagen, model year 2015;
814 (E) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
815 (F) Volkswagen Beetle, model years 2013, 2014, and 2015;
816 (G) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
817 (H) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
818 (ii) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
819 emissions are mitigated in the state to a settlement, including:
820 (A) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
821 2016;
822 (B) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
823 (C) Audi A6 Quattro, model years 2014, 2015, and 2016;
824 (D) Audi A7 Quattro, model years 2014, 2015, and 2016;
825 (E) Audi A8, model years 2014, 2015, and 2016;
826 (F) Audi A8L, model years 2014, 2015, and 2016;
827 (G) Audi Q5, model years 2014, 2015, and 2016; and
828 (H) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
829 (b) (i) An owner of a restored-modified vehicle subject to Subsection (1) shall obtain a
830 motor vehicle emissions inspection and maintenance program certificate of emissions
831 inspection as described in Subsection (1).
832 (ii) A county emissions program may not refuse to perform an emissions inspection or
833 indicate a failed emissions test of the vehicle based solely on a modification to the engine or
834 component of the motor vehicle if:
835 (A) the modification is not likely to result in the motor vehicle having increased
836 emissions relative to the emissions of the motor vehicle before the modification; and
837 (B) the motor vehicle modification is a change to an engine that is newer than the
838 engine with which the motor vehicle was originally equipped, or the engine includes
839 technology that increases the facility of the administration of an emissions test, such as an
840 on-board diagnostics system.
841 (iii) The first time an owner seeks to obtain an emissions inspection as a prerequisite to
842 registration of a restored-modified vehicle:
843 (A) the owner shall present the signed statement described in Subsection 41-1a-226(4);
844 and
845 (B) the county emissions program shall perform the emissions test.
846 (iv) If a motor vehicle is registered as a restored-modified vehicle and the registration
847 certificate is notated as described in Subsection 41-1a-226(4), a county emissions program may
848 not refuse to perform an emissions test based solely on the restored-modified status of the
849 motor vehicle.
850 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
851 with the Air Quality Board created under Section 19-1-106, shall make regulations or
852 ordinances regarding:
853 (i) emissions standards;
854 (ii) test procedures;
855 (iii) inspections stations;
856 (iv) repair requirements and dollar limits for correction of deficiencies; and
857 (v) certificates of emissions inspections.
858 (b) In accordance with Subsection (3)(a), a county legislative body:
859 (i) shall make regulations or ordinances to attain or maintain ambient air quality
860 standards in the county, consistent with the state implementation plan and federal
861 requirements;
862 (ii) may allow for a phase-in of the program by geographical area; and
863 (iii) shall comply with the analyzer design and certification requirements contained in
864 the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
865 (c) The county legislative body and the Air Quality Board shall give preference to an
866 inspection and maintenance program that:
867 (i) is decentralized, to the extent the decentralized program will attain and maintain
868 ambient air quality standards and meet federal requirements;
869 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
870 regard to ambient air quality standards and to meet federal air quality requirements as related to
871 vehicle emissions; and
872 (iii) provides a reasonable phase-out period for replacement of air pollution emission
873 testing equipment made obsolete by the program.
874 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
875 (i) may be accomplished in accordance with applicable federal requirements; and
876 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
877 quality standards.
878 (4) The following vehicles are exempt from an emissions inspection program and the
879 provisions of this section:
880 (a) an implement of husbandry as defined in Section 41-1a-102;
881 (b) a motor vehicle that:
882 (i) meets the definition of a farm truck under Section 41-1a-102; and
883 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
884 (c) a vintage vehicle as defined in Section 41-21-1:
885 (i) if the vintage vehicle has a model year of 1982 or older; or
886 (ii) for a vintage vehicle that has a model year of 1983 or newer, if the owner provides
887 proof of vehicle insurance that is a type specific to a vehicle collector;
888 (d) a custom vehicle as defined in Section 41-6a-1507;
889 (e) to the extent allowed under the current federally approved state implementation
890 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
891 vehicle that is less than two years old on January 1 based on the age of the vehicle as
892 determined by the model year identified by the manufacturer;
893 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
894 of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
895 statement to the legislative body stating the truck is used:
896 (i) by the owner or operator of a farm located on property that qualifies as land in
897 agricultural use under Sections 59-2-502 and 59-2-503; and
898 (ii) exclusively for the following purposes in operating the farm:
899 (A) for the transportation of farm products, including livestock and its products,
900 poultry and its products, floricultural and horticultural products; and
901 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
902 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
903 and maintenance;
904 (g) a motorcycle as defined in Section 41-1a-102;
905 (h) an electric motor vehicle as defined in Section 41-1a-102; and
906 (i) a motor vehicle with a model year of 1967 or older.
907 (5) The county shall issue to the registered owner who signs and submits a signed
908 statement under Subsection (4)(f) a certificate of exemption from emissions inspection
909 requirements for purposes of registering the exempt vehicle.
910 (6) A legislative body of a county described in Subsection (1) may exempt from an
911 emissions inspection program a diesel-powered motor vehicle with a:
912 (a) gross vehicle weight rating of more than 14,000 pounds; or
913 (b) model year of 1997 or older.
914 (7) The legislative body of a county required under federal law to utilize a motor
915 vehicle emissions inspection program shall require:
916 (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
917 (i) a model year of 2007 or newer;
918 (ii) a gross vehicle weight rating of 14,000 pounds or less; and
919 (iii) a model year that is five years old or older; and
920 (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
921 (i) with a gross vehicle weight rating of 14,000 pounds or less;
922 (ii) that has a model year of 1998 or newer; and
923 (iii) that has a model year that is five years old or older.
924 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
925 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
926 which an emissions inspection and maintenance program is necessary to attain or maintain any
927 national ambient air quality standard may require each college or university located in a county
928 subject to this section to require its students and employees who park a motor vehicle not
929 registered in a county subject to this section to provide proof of compliance with an emissions
930 inspection accepted by the county legislative body if the motor vehicle is parked on the college
931 or university campus or property.
932 (b) College or university parking areas that are metered or for which payment is
933 required per use are not subject to the requirements of this Subsection (8).
934 (c) The legislative body of a county shall make the reasons for implementing the
935 provisions of this Subsection (8) part of the record at the time that the county legislative body
936 takes its official action to implement the provisions of this Subsection (8).
937 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
938 for each motor vehicle that meets the inspection and maintenance program requirements
939 established in regulations or ordinances made under Subsection (3).
940 (b) The frequency of the emissions inspection shall be determined based on the age of
941 the vehicle as determined by model year and shall be required annually subject to the
942 provisions of Subsection (9)(c).
943 (c) (i) To the extent allowed under the current federally approved state implementation
944 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
945 body of a county identified in Subsection (1) shall only require the emissions inspection every
946 two years for each vehicle.
947 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
948 years old on January 1.
949 (iii) For a county required to implement a new vehicle emissions inspection and
950 maintenance program on or after December 1, 2012, under Subsection (1), but for which no
951 current federally approved state implementation plan exists, a vehicle shall be tested at a
952 frequency determined by the county legislative body, in consultation with the Air Quality
953 Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
954 maintain any national ambient air quality standard.
955 (iv) If a county legislative body establishes or changes the frequency of a vehicle
956 emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
957 or change shall take effect on January 1 if the State Tax Commission receives notice meeting
958 the requirements of Subsection (9)(c)(v) from the county before October 1.
959 (v) The notice described in Subsection (9)(c)(iv) shall:
960 (A) state that the county will establish or change the frequency of the vehicle emissions
961 inspection and maintenance program under this section;
962 (B) include a copy of the ordinance establishing or changing the frequency; and
963 (C) if the county establishes or changes the frequency under this section, state how
964 frequently the emissions testing will be required.
965 (d) If an emissions inspection is only required every two years for a vehicle under
966 Subsection (9)(c), the inspection shall be required for the vehicle in:
967 (i) odd-numbered years for vehicles with odd-numbered model years; or
968 (ii) in even-numbered years for vehicles with even-numbered model years.
969 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
970 required under this section may be made no more than two months before the renewal of
971 registration.
972 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
973 emissions inspection certificate issued for the motor vehicle during the previous 11 months to
974 satisfy the requirement under this section.
975 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
976 use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
977 motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
978 this section.
979 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
980 lessee may use an emissions inspection certificate issued during the previous 11 months to
981 satisfy the requirement under this section.
982 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
983 use an emissions inspection made more than 11 months before the renewal of registration to
984 satisfy the requirement under this section.
985 (e) If the application for renewal of registration is for a six-month registration period
986 under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
987 the previous eight months to satisfy the requirement under this section.
988 (f) If the motor vehicle is registered on a month-to-month basis as described in Section
989 41-1a-215.4, the owner may use an emissions inspection certificate issued during the previous
990 12 months to satisfy the requirement under this section.
991 (11) (a) A county identified in Subsection (1) shall collect information about and
992 monitor the program.
993 (b) A county identified in Subsection (1) shall supply this information to an appropriate
994 legislative committee, as designated by the Legislative Management Committee, at times
995 determined by the designated committee to identify program needs, including funding needs.
996 (12) If approved by the county legislative body, a county that had an established
997 emissions inspection fee as of January 1, 2002, may increase the established fee that an
998 emissions inspection station may charge by $2.50 for each year that is exempted from
999 emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1000 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1001 Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
1002 within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1003 (b) A county that imposes a local emissions compliance fee may use revenues
1004 generated from the fee for the establishment and enforcement of an emissions inspection and
1005 maintenance program in accordance with the requirements of this section.
1006 (c) A county that imposes a local emissions compliance fee may use revenues
1007 generated from the fee to promote programs to maintain a local, state, or national ambient air
1008 quality standard.
1009 (14) (a) If a county has reason to believe that a vehicle owner has provided an address
1010 as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county
1011 other than the county of the bona fide residence of the owner in order to avoid an emissions
1012 inspection required under this section, the county may investigate and gather evidence to
1013 determine whether the vehicle owner has used a false address or an address other than the
1014 vehicle owner's bona fide residence or place of business.
1015 (b) If a county conducts an investigation as described in Subsection (14)(a) and
1016 determines that the vehicle owner has used a false or improper address in an effort to avoid an
1017 emissions inspection as required in this section, the county may impose a civil penalty of
1018 $1,000.
1019 (15) A county legislative body described in Subsection (1) may exempt a motor vehicle
1020 from an emissions inspection if:
1021 (a) the motor vehicle is 30 years old or older;
1022 (b) the county determines that the motor vehicle was driven less than 1,500 miles
1023 during the preceding 12-month period; and
1024 (c) the owner provides to the county legislative body a statement signed by the owner
1025 that states the motor vehicle:
1026 (i) is primarily a collector's item used for:
1027 (A) participation in club activities;
1028 (B) exhibitions;
1029 (C) tours; or
1030 (D) parades; or
1031 (ii) is only used for occasional transportation.
1032 Section 12. Section 41-22-2 is amended to read:
1033 41-22-2. Definitions.
1034 As used in this chapter:
1035 (1) "Advisory council" means an advisory council appointed by the Division of
1036 Outdoor Recreation that has within the advisory council's duties advising on policies related to
1037 the use of off-highway vehicles.
1038 (2) "All-terrain type I vehicle" means any motor vehicle 52 inches or less in width,
1039 having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure
1040 tires, having a seat designed to be straddled by the operator, and designed for or capable of
1041 travel over unimproved terrain.
1042 (3) (a) "All-terrain type II vehicle" means any motor vehicle 80 inches or less in width,
1043 traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a
1044 rollover protection system, and designed for or capable of travel over unimproved terrain, and
1045 is:
1046 (i) an electric-powered vehicle; or
1047 (ii) a vehicle powered by an internal combustion engine and has an unladen dry weight
1048 of 3,500 pounds or less.
1049 (b) "All-terrain type II vehicle" does not include golf carts, any vehicle designed to
1050 carry a person with a disability, any vehicle not specifically designed for recreational use, or
1051 farm tractors as defined under Section 41-1a-102.
1052 (4) (a) "All-terrain type III vehicle" means any other motor vehicle, not defined in
1053 Subsection (2), (3), (12), or [
1054 terrain.
1055 (b) "All-terrain type III vehicle" does not include golf carts, any vehicle designed to
1056 carry a person with a disability, any vehicle not specifically designed for recreational use, or
1057 farm tractors as defined under Section 41-1a-102.
1058 (5) "Commission" means the Outdoor Adventure Commission.
1059 (6) "Cross-country" means across natural terrain and off an existing highway, road,
1060 route, or trail.
1061 (7) "Dealer" means a person engaged in the business of selling off-highway vehicles at
1062 wholesale or retail.
1063 (8) "Division" means the Division of Outdoor Recreation.
1064 (9) "Low pressure tire" means any pneumatic tire six inches or more in width designed
1065 for use on wheels with rim diameter of 14 inches or less and utilizing an operating pressure of
1066 10 pounds per square inch or less as recommended by the vehicle manufacturer.
1067 (10) "Manufacturer" means a person engaged in the business of manufacturing
1068 off-highway vehicles.
1069 (11) (a) "Motor vehicle" means every vehicle which is self-propelled.
1070 (b) "Motor vehicle" includes an off-highway vehicle.
1071 (12) "Motorcycle" means every motor vehicle having a saddle for the use of the
1072 operator and designed to travel on not more than two tires.
1073 (13) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
1074 all-terrain type II vehicle, all-terrain type III vehicle, motorcycle, or snowmobile that is used by
1075 the owner or the owner's agent for agricultural operations.
1076 (14) "Off-highway motorcycle" means a motorcycle that is designed primarily to be
1077 operated off-highway and is registered only for off-highway use.
1078 [
1079 all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle.
1080 [
1081 off-highway vehicle.
1082 [
1083 off-highway vehicle.
1084 [
1085 incorporated as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised
1086 Nonprofit Corporation Act, for the purpose of promoting the interests of off-highway vehicle
1087 recreation.
1088 [
1089 having a property interest or title to an off-highway vehicle and entitled to the use and
1090 possession of that vehicle.
1091 [
1092 agency or any political subdivision of the state.
1093 [
1094 off-highway vehicle.
1095 [
1096 [
1097 and steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure
1098 tires.
1099 [
1100 way or place of whatever nature, when any part of it is open to the use of the public for
1101 vehicular travel.
1102 [
1103 meaning as defined in Section 41-6a-102.
1104 Section 13. Section 59-2-405.1 is amended to read:
1105 59-2-405.1. Uniform fee on certain vehicles weighing 12,000 pounds or less --
1106 Distribution of revenues -- Appeals.
1107 (1) The property described in Subsection (2) is exempt from ad valorem property taxes
1108 pursuant to Utah Constitution, Article XIII, Section 2, Subsection (6).
1109 (2) (a) Except as provided in Subsection (2)(b), there is levied as provided in this part a
1110 statewide uniform fee in lieu of the ad valorem tax on:
1111 (i) motor vehicles as defined in Section 41-1a-102 that:
1112 (A) are required to be registered with the state; and
1113 (B) weigh 12,000 pounds or less; and
1114 (ii) state-assessed commercial vehicles required to be registered with the state that
1115 weigh 12,000 pounds or less.
1116 (b) The following tangible personal property is exempt from the statewide uniform fee
1117 imposed by this section:
1118 (i) aircraft;
1119 (ii) tangible personal property subject to a uniform fee imposed by:
1120 (A) Section 59-2-405;
1121 (B) Section 59-2-405.2; or
1122 (C) Section 59-2-405.3; and
1123 (iii) tangible personal property that is exempt from state or county ad valorem property
1124 taxes under the laws of this state or of the federal government.
1125 (3) (a) Except as provided in Subsections (3)(b) [
1126 January 1, 1999, the uniform fee for purposes of this section is as follows:
| 1127 | Age of Vehicle | Uniform Fee |
| 1128 | 12 or more years | $10 |
| 1129 | 9 or more years but less than 12 years | $50 |
| 1130 | 6 or more years but less than 9 years | $80 |
| 1131 | 3 or more years but less than 6 years | $110 |
| 1132 | Less than 3 years | $150 |
1134 section is as follows:
| 1135 | Age of Vehicle | Uniform Fee |
| 1136 | 12 or more years | $7.75 |
| 1137 | 9 or more years but less than 12 years | $38.50 |
| 1138 | 6 or more years but less than 9 years | $61.50 |
| 1139 | 3 or more years but less than 6 years | $84.75 |
| 1140 | Less than 3 years | $115.50 |
1142 41-1a-215.4, the uniform fee for purposes of this section is one-twelfth the amount stated in
1143 Subsection (3)(a).
1144 [
1145 September 1, 2001, for a motor vehicle issued a temporary sports event registration certificate
1146 in accordance with Section 41-3-306, the uniform fee for purposes of this section is $5 for the
1147 event period specified on the temporary sports event registration certificate regardless of the
1148 age of the motor vehicle.
1149 (4) Notwithstanding Section 59-2-407, property subject to the uniform fee that is
1150 brought into the state and is required to be registered in Utah shall, as a condition of
1151 registration, be subject to the uniform fee unless all property taxes or uniform fees imposed by
1152 the state of origin have been paid for the current calendar year.
1153 (5) (a) The revenues collected in each county from the uniform fee shall be distributed
1154 by the county to each taxing entity in which the property described in Subsection (2) is located
1155 in the same proportion in which revenue collected from ad valorem real property tax is
1156 distributed.
1157 (b) Each taxing entity shall distribute the revenues received under Subsection (5)(a) in
1158 the same proportion in which revenue collected from ad valorem real property tax is
1159 distributed.
1160 Section 14. Effective date.
1161 This bill takes effect on January 1, 2025.