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7 LONG TITLE
8 General Description:
9 This bill amends Title 41, Motor Vehicles, in relation to novel vehicles.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ establishes a registration process for a novel vehicle;
14 ▸ provides a process for an individual to appeal to the State Tax Commission to
15 review a novel vehicle registration determination;
16 ▸ addresses requirements for a street-legal novel vehicle; and
17 ▸ requires the State Tax Commission to provide an annual report to the Transportation
18 Interim Committee regarding the registration of novel vehicles.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides a special effective date.
23 Utah Code Sections Affected:
24 AMENDS:
25 41-1a-201, as last amended by Laws of Utah 2023, Chapter 532
26 41-6a-102, as last amended by Laws of Utah 2023, Chapters 219, 532
27 41-6a-1509, as last amended by Laws of Utah 2022, Chapter 68
28 41-6a-1601, as last amended by Laws of Utah 2019, Chapter 428
29 41-6a-1629, as last amended by Laws of Utah 2014, Chapter 229
30 41-22-10.3, as last amended by Laws of Utah 2015, Chapter 412
31 63I-1-241, as last amended by Laws of Utah 2023, Chapters 33, 212, 219, and 335
32 ENACTS:
33 41-27-101, Utah Code Annotated 1953
34 41-27-201, Utah Code Annotated 1953
35 41-27-202, Utah Code Annotated 1953
36 41-27-301, Utah Code Annotated 1953
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38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 41-1a-201 is amended to read:
40 41-1a-201. Function of registration -- Registration required -- Penalty.
41 (1) Unless exempted, a person or automated driving system may not operate and an
42 owner may not engage an automated driving system, give another person permission to engage
43 an automated driving system, or give another person permission to operate a motor vehicle,
44 combination of vehicles, trailer, semitrailer, vintage vehicle, restored-modified vehicle,
45 off-highway vehicle, vessel, or park model recreational vehicle in this state unless it has been
46 registered in accordance with this chapter, [
47 Chapter 22, Off-highway Vehicles, Chapter 27, Novel Vehicle Registration, or Title 73,
48 Chapter 18, State Boating Act.
49 (2) Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
50 (3) (a) In the event that materials are temporarily unavailable for registration items
51 required under Section 41-1a-402, the commission may delay initial vehicle registration or
52 renewal of vehicle registrations.
53 (b) In a circumstance described in Subsection (3)(a), a person does not violate
54 Subsection (1) for failure to register a vehicle during a delay period described in Subsection
55 (3)(a).
56 Section 2. Section 41-6a-102 is amended to read:
57 41-6a-102. Definitions.
58 As used in this chapter:
59 (1) "Alley" means a street or highway intended to provide access to the rear or side of
60 lots or buildings in urban districts and not intended for through vehicular traffic.
61 (2) "All-terrain type I vehicle" means the same as that term is defined in Section
62 41-22-2.
63 (3) "Authorized emergency vehicle" includes:
64 (a) fire department vehicles;
65 (b) police vehicles;
66 (c) ambulances; and
67 (d) other publicly or privately owned vehicles as designated by the commissioner of the
68 Department of Public Safety.
69 (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
70 (5) (a) "Bicycle" means a wheeled vehicle:
71 (i) propelled by human power by feet or hands acting upon pedals or cranks;
72 (ii) with a seat or saddle designed for the use of the operator;
73 (iii) designed to be operated on the ground; and
74 (iv) whose wheels are not less than 14 inches in diameter.
75 (b) "Bicycle" includes an electric assisted bicycle.
76 (c) "Bicycle" does not include scooters and similar devices.
77 (6) (a) "Bus" means a motor vehicle:
78 (i) designed for carrying more than 15 passengers and used for the transportation of
79 persons; or
80 (ii) designed and used for the transportation of persons for compensation.
81 (b) "Bus" does not include a taxicab.
82 (7) (a) "Circular intersection" means an intersection that has an island, generally
83 circular in design, located in the center of the intersection where traffic passes to the right of
84 the island.
85 (b) "Circular intersection" includes:
86 (i) roundabouts;
87 (ii) rotaries; and
88 (iii) traffic circles.
89 (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
90 Subsection (18)(d)(i).
91 (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
92 Subsection (18)(d)(ii).
93 (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
94 Subsection (18)(d)(iii).
95 (11) "Commissioner" means the commissioner of the Department of Public Safety.
96 (12) "Controlled-access highway" means a highway, street, or roadway:
97 (a) designed primarily for through traffic; and
98 (b) to or from which owners or occupants of abutting lands and other persons have no
99 legal right of access, except at points as determined by the highway authority having
100 jurisdiction over the highway, street, or roadway.
101 (13) "Crosswalk" means:
102 (a) that part of a roadway at an intersection included within the connections of the
103 lateral lines of the sidewalks on opposite sides of the highway measured from:
104 (i) (A) the curbs; or
105 (B) in the absence of curbs, from the edges of the traversable roadway; and
106 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
107 included within the extension of the lateral lines of the existing sidewalk at right angles to the
108 centerline; or
109 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
110 pedestrian crossing by lines or other markings on the surface.
111 (14) "Department" means the Department of Public Safety.
112 (15) "Direct supervision" means oversight at a distance within which:
113 (a) visual contact is maintained; and
114 (b) advice and assistance can be given and received.
115 (16) "Divided highway" means a highway divided into two or more roadways by:
116 (a) an unpaved intervening space;
117 (b) a physical barrier; or
118 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
119 (17) "Echelon formation" means the operation of two or more snowplows arranged
120 side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to clear snow
121 from two or more lanes at once.
122 (18) "Electric assisted bicycle" means a bicycle with an electric motor that:
123 (a) has a power output of not more than 750 watts;
124 (b) has fully operable pedals on permanently affixed cranks;
125 (c) is fully operable as a bicycle without the use of the electric motor; and
126 (d) is one of the following:
127 (i) an electric assisted bicycle equipped with a motor or electronics that:
128 (A) provides assistance only when the rider is pedaling; and
129 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
130 hour;
131 (ii) an electric assisted bicycle equipped with a motor or electronics that:
132 (A) may be used exclusively to propel the bicycle; and
133 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
134 miles per hour; or
135 (iii) an electric assisted bicycle equipped with a motor or electronics that:
136 (A) provides assistance only when the rider is pedaling;
137 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
138 hour; and
139 (C) is equipped with a speedometer.
140 (19) (a) "Electric personal assistive mobility device" means a self-balancing device
141 with:
142 (i) two nontandem wheels in contact with the ground;
143 (ii) a system capable of steering and stopping the unit under typical operating
144 conditions;
145 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
146 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
147 (v) a deck design for a person to stand while operating the device.
148 (b) "Electric personal assistive mobility device" does not include a wheelchair.
149 (20) "Explosives" means a chemical compound or mechanical mixture commonly used
150 or intended for the purpose of producing an explosion and that contains any oxidizing and
151 combustive units or other ingredients in proportions, quantities, or packing so that an ignition
152 by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
153 may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
154 capable of producing destructive effects on contiguous objects or of causing death or serious
155 bodily injury.
156 (21) "Farm tractor" means a motor vehicle designed and used primarily as a farm
157 implement, for drawing plows, mowing machines, and other implements of husbandry.
158 (22) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
159 as determined by a Tagliabue or equivalent closed-cup test device.
160 (23) "Freeway" means a controlled-access highway that is part of the interstate system
161 as defined in Section 72-1-102.
162 (24) (a) "Golf cart" means a device that:
163 (i) is designed for transportation by players on a golf course;
164 (ii) has not less than three wheels in contact with the ground;
165 (iii) has an unladen weight of less than 1,800 pounds;
166 (iv) is designed to operate at low speeds; and
167 (v) is designed to carry not more than six persons including the driver.
168 (b) "Golf cart" does not include:
169 (i) a low-speed vehicle or an off-highway vehicle;
170 (ii) a motorized wheelchair;
171 (iii) an electric personal assistive mobility device;
172 (iv) an electric assisted bicycle;
173 (v) a motor assisted scooter;
174 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
175 (vii) a mobile carrier, as defined in Section 41-6a-1120.
176 (25) "Gore area" means the area delineated by two solid white lines that is between a
177 continuing lane of a through roadway and a lane used to enter or exit the continuing lane
178 including similar areas between merging or splitting highways.
179 (26) "Gross weight" means the weight of a vehicle without a load plus the weight of
180 any load on the vehicle.
181 (27) "Hi-rail vehicle" means a roadway maintenance vehicle that is:
182 (a) manufactured to meet Federal Motor Vehicle Safety Standards; and
183 (b) equipped with retractable flanged wheels that allow the vehicle to travel on a
184 highway or railroad tracks.
185 (28) "Highway" means the entire width between property lines of every way or place of
186 any nature when any part of it is open to the use of the public as a matter of right for vehicular
187 travel.
188 (29) "Highway authority" means the same as that term is defined in Section 72-1-102.
189 (30) (a) "Intersection" means the area embraced within the prolongation or connection
190 of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or
191 more highways that join one another.
192 (b) Where a highway includes two roadways 30 feet or more apart:
193 (i) every crossing of each roadway of the divided highway by an intersecting highway
194 is a separate intersection; and
195 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
196 every crossing of two roadways of the highways is a separate intersection.
197 (c) "Intersection" does not include the junction of an alley with a street or highway.
198 (31) "Island" means an area between traffic lanes or at an intersection for control of
199 vehicle movements or for pedestrian refuge designated by:
200 (a) pavement markings, which may include an area designated by two solid yellow
201 lines surrounding the perimeter of the area;
202 (b) channelizing devices;
203 (c) curbs;
204 (d) pavement edges; or
205 (e) other devices.
206 (32) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
207 act of overtaking and passing another vehicle that is stopped in the same direction of travel in
208 the same lane.
209 (33) "Law enforcement agency" means the same as that term is as defined in Section
210 53-1-102.
211 (34) "Limited access highway" means a highway:
212 (a) that is designated specifically for through traffic; and
213 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
214 persons have any right or easement, or have only a limited right or easement of access, light,
215 air, or view.
216 (35) "Local highway authority" means the legislative, executive, or governing body of
217 a county, municipal, or other local board or body having authority to enact laws relating to
218 traffic under the constitution and laws of the state.
219 (36) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
220 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
221 (ii) has a capacity of not more than six passengers, including a conventional driver or
222 fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
223 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
224 (37) "Metal tire" means a tire, the surface of which in contact with the highway is
225 wholly or partly of metal or other hard nonresilient material.
226 (38) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
227 saddle that is less than 24 inches from the ground as measured on a level surface with properly
228 inflated tires.
229 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
230 (c) "Mini-motorcycle" does not include a motorcycle that is:
231 (i) designed for off-highway use; and
232 (ii) registered as an off-highway vehicle under Section 41-22-3.
233 (39) "Mobile home" means:
234 (a) a trailer or semitrailer that is:
235 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
236 place either permanently or temporarily; and
237 (ii) equipped for use as a conveyance on streets and highways; or
238 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
239 constructed for use as a mobile home, as defined in Subsection (39)(a), but that is instead used
240 permanently or temporarily for:
241 (i) the advertising, sale, display, or promotion of merchandise or services; or
242 (ii) any other commercial purpose except the transportation of property for hire or the
243 transportation of property for distribution by a private carrier.
244 (40) "Mobility disability" means the inability of a person to use one or more of the
245 person's extremities or difficulty with motor skills, that may include limitations with walking,
246 grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition.
247 (41) (a) "Moped" means a motor-driven cycle having:
248 (i) pedals to permit propulsion by human power; and
249 (ii) a motor that:
250 (A) produces not more than two brake horsepower; and
251 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
252 level ground.
253 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
254 centimeters and the moped shall have a power drive system that functions directly or
255 automatically without clutching or shifting by the operator after the drive system is engaged.
256 (c) "Moped" does not include:
257 (i) an electric assisted bicycle; or
258 (ii) a motor assisted scooter.
259 (42) (a) "Motor assisted scooter" means a self-propelled device with:
260 (i) at least two wheels in contact with the ground;
261 (ii) a braking system capable of stopping the unit under typical operating conditions;
262 (iii) an electric motor not exceeding 2,000 watts;
263 (iv) either:
264 (A) handlebars and a deck design for a person to stand while operating the device; or
265 (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
266 the device;
267 (v) a design for the ability to be propelled by human power alone; and
268 (vi) a maximum speed of 20 miles per hour on a paved level surface.
269 (b) "Motor assisted scooter" does not include:
270 (i) an electric assisted bicycle; or
271 (ii) a motor-driven cycle.
272 (43) (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
273 propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
274 (b) "Motor vehicle" does not include:
275 (i) vehicles moved solely by human power;
276 (ii) motorized wheelchairs;
277 (iii) an electric personal assistive mobility device;
278 (iv) an electric assisted bicycle;
279 (v) a motor assisted scooter;
280 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
281 (vii) a mobile carrier, as defined in Section 41-6a-1120.
282 (44) "Motorcycle" means:
283 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
284 and designed to travel with not more than three wheels in contact with the ground; or
285 (b) an autocycle.
286 (45) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
287 having:
288 (i) an engine with less than 150 cubic centimeters displacement; or
289 (ii) a motor that produces not more than five horsepower.
290 (b) "Motor-driven cycle" does not include:
291 (i) an electric personal assistive mobility device;
292 (ii) a motor assisted scooter; or
293 (iii) an electric assisted bicycle.
294 (46) "Off-highway implement of husbandry" means the same as that term is defined
295 under Section 41-22-2.
296 (47) "Off-highway vehicle" means the same as that term is defined under Section
297 41-22-2.
298 (48) "Operate" means the same as that term is defined in Section 41-1a-102.
299 (49) "Operator" means:
300 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
301 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
302 vehicle.
303 (50) "Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
304 other device operated, alone or coupled with another device, on stationary rails.
305 (51) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
306 occupied or not.
307 (b) "Park" or "parking" does not include:
308 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
309 in loading or unloading property or passengers; or
310 (ii) a motor vehicle with an engaged automated driving system that has achieved a
311 minimal risk condition, as those terms are defined in Section 41-26-102.1.
312 (52) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace
313 Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
314 laws.
315 (53) "Pedestrian" means a person traveling:
316 (a) on foot; or
317 (b) in a wheelchair.
318 (54) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
319 pedestrians.
320 (55) "Person" means a natural person, firm, copartnership, association, corporation,
321 business trust, estate, trust, partnership, limited liability company, association, joint venture,
322 governmental agency, public corporation, or any other legal or commercial entity.
323 (56) "Pole trailer" means a vehicle without motive power:
324 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
325 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
326 (b) that is ordinarily used for transporting long or irregular shaped loads including
327 poles, pipes, or structural members generally capable of sustaining themselves as beams
328 between the supporting connections.
329 (57) "Private road or driveway" means every way or place in private ownership and
330 used for vehicular travel by the owner and those having express or implied permission from the
331 owner, but not by other persons.
332 (58) "Railroad" means a carrier of persons or property upon cars operated on stationary
333 rails.
334 (59) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
335 public body or official or by a railroad and intended to give notice of the presence of railroad
336 tracks or the approach of a railroad train.
337 (60) "Railroad train" means a locomotive propelled by any form of energy, coupled
338 with or operated without cars, and operated upon rails.
339 (61) "Restored-modified vehicle" means the same as the term defined in Section
340 41-1a-102.
341 (62) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful
342 manner in preference to another vehicle or pedestrian approaching under circumstances of
343 direction, speed, and proximity that give rise to danger of collision unless one grants
344 precedence to the other.
345 (63) (a) "Roadway" means that portion of highway improved, designed, or ordinarily
346 used for vehicular travel.
347 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
348 them are used by persons riding bicycles or other human-powered vehicles.
349 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
350 a highway includes two or more separate roadways.
351 (64) "Safety zone" means the area or space officially set apart within a roadway for the
352 exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to
353 be plainly visible at all times while set apart as a safety zone.
354 (65) (a) "School bus" means a motor vehicle that:
355 (i) complies with the color and identification requirements of the most recent edition of
356 "Minimum Standards for School Buses"; and
357 (ii) is used to transport school children to or from school or school activities.
358 (b) "School bus" does not include a vehicle operated by a common carrier in
359 transportation of school children to or from school or school activities.
360 (66) (a) "Semitrailer" means a vehicle with or without motive power:
361 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
362 and
363 (ii) constructed so that some part of its weight and that of its load rests on or is carried
364 by another vehicle.
365 (b) "Semitrailer" does not include a pole trailer.
366 (67) "Shoulder area" means:
367 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
368 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
369 or
370 (b) that portion of the road contiguous to the roadway for accommodation of stopped
371 vehicles, for emergency use, and for lateral support.
372 (68) "Sidewalk" means that portion of a street between the curb lines, or the lateral
373 lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
374 (69) (a) "Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt that
375 is designated for the use of a bicycle.
376 (b) "Soft-surface trail" does not mean a trail:
377 (i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
378 federal law, regulation, or rule; or
379 (ii) located in whole or in part on land granted to the state or a political subdivision
380 subject to a conservation easement that prohibits the use of a motorized vehicle.
381 (70) "Solid rubber tire" means a tire of rubber or other resilient material that does not
382 depend on compressed air for the support of the load.
383 (71) "Stand" or "standing" means the temporary halting of a vehicle, whether occupied
384 or not, for the purpose of and while actually engaged in receiving or discharging passengers.
385 (72) "Stop" when required means complete cessation from movement.
386 (73) "Stop" or "stopping" when prohibited means any halting even momentarily of a
387 vehicle, whether occupied or not, except when:
388 (a) necessary to avoid conflict with other traffic; or
389 (b) in compliance with the directions of a peace officer or traffic-control device.
390 (74) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
391 vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the
392 requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
393 Section 41-6a-1509.
394 (75) "Street legal novel vehicle" means a vehicle registered as a novel vehicle under
395 Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to operate
396 on highways in the state in accordance with Section 41-6a-1509.
397 [
398 72-9-102.
399 [
400 72-9-102.
401 [
402 conveyances either singly or together while using any highway for the purpose of travel.
403 [
404 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
405 [
406 inconsistent with this chapter placed or erected by a highway authority for the purpose of
407 regulating, warning, or guiding traffic.
408 [
409 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
410 [
411 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
412 part of its weight rests upon the towing vehicle.
413 (b) "Trailer" does not include a pole trailer.
414 [
415 the transportation of property.
416 [
417 (a) designed and used primarily for drawing other vehicles; and
418 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
419 tractor.
420 [
421 (a) provided for vehicle operators making left turns in either direction;
422 (b) that is not used for passing, overtaking, or through travel; and
423 (c) that has been indicated by a lane traffic-control device that may include lane
424 markings.
425 [
426 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
427 less than 100 feet, for a distance of a quarter of a mile or more.
428 [
429 be transported or drawn on a highway, except a mobile carrier, as defined in Section
430 41-6a-1120, or a device used exclusively on stationary rails or tracks.
431 Section 3. Section 41-6a-1509 is amended to read:
432 41-6a-1509. Street-legal all-terrain vehicle -- Operation on highways --
433 Registration and licensing requirements -- Equipment requirements.
434 (1) (a) Except as provided in Subsection (1)(b), an individual may operate an all-terrain
435 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that meets the
436 requirements of this section as a street-legal ATV on a street or highway.
437 (b) An individual may not operate an all-terrain type I vehicle, all-terrain type II
438 vehicle, or all-terrain type III vehicle as a street-legal ATV on a highway if:
439 (i) the highway is an interstate system as defined in Section 72-1-102; or
440 (ii) the highway is in a county of the first class and both of the following criterion is
441 met:
442 (A) the highway is near a grade separated portion of the highway; and
443 (B) the highway has a posted speed limit higher than 50 miles per hour.
444 (c) Nothing in this section authorizes the operation of a street-legal ATV in an area that
445 is not open to motor vehicle use.
446 (2) (a) Except as provided in Subsection (2)(b), an individual may operate a vehicle
447 that is registered as a novel vehicle on a street or highway, if the vehicle meets the
448 requirements of this section as a street-legal novel vehicle
449 (b) An individual may not operate a vehicle registered as a novel vehicle as a
450 street-legal novel vehicle on a highway if:
451 (i) the highway is an interstate system as defined in Section 72-1-102; or
452 (ii) the highway is in a county of the first class and both of the following criterion is
453 met:
454 (A) the highway is near a grade separated portion of the highway; and
455 (B) the highway has a posted speed limit higher than 50 miles per hour.
456 (c) Nothing in this section authorizes the operation of a street-legal novel vehicle in an
457 area that is not open to motor vehicle use.
458 [
459 41-1a-205(1), Subsection 53-8-205(1)(b), and the same requirements as:
460 (a) a motorcycle for:
461 (i) traffic rules under this chapter;
462 (ii) titling, odometer statement, vehicle identification, license plates, and registration,
463 excluding registration fees, under Chapter 1a, Motor Vehicle Act; and
464 (iii) the county motor vehicle emissions inspection and maintenance programs under
465 Section 41-6a-1642;
466 (b) a motor vehicle for:
467 (i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; and
468 (ii) motor vehicle insurance under Chapter 12a, Financial Responsibility of Motor
469 Vehicle Owners and Operators Act; and
470 (c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under
471 Chapter 22, Off-highway Vehicles, and Chapter 3, Motor Vehicle Business Regulation Act,
472 unless otherwise specified in this section.
473 (4) A street-legal novel vehicle shall comply with Section 59-2-405.2, Subsection
474 41-1a-205(1), Subsection 53-8-205(1)(b), and the requirements for registration as a novel
475 vehicle under Section 41-27-201.
476 [
477 ATV or of a vehicle registered as a novel vehicle being operated as a street-legal novel vehicle
478 shall ensure that the vehicle is equipped with:
479 (i) one or more headlamps that meet the requirements of Section 41-6a-1603;
480 (ii) one or more tail lamps;
481 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
482 with a white light;
483 (iv) one or more red reflectors on the rear;
484 (v) one or more stop lamps on the rear;
485 (vi) amber or red electric turn signals, one on each side of the front and rear;
486 (vii) a braking system, other than a parking brake, that meets the requirements of
487 Section 41-6a-1623;
488 (viii) a horn or other warning device that meets the requirements of Section
489 41-6a-1625;
490 (ix) a muffler and emission control system that meets the requirements of Section
491 41-6a-1626;
492 (x) rearview mirrors on the right and left side of the driver in accordance with Section
493 41-6a-1627;
494 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
495 (xii) a speedometer, illuminated for nighttime operation;
496 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
497 seat designed for passengers; and
498 (xiv) tires that:
499 (A) are not larger than the tires that the all-terrain vehicle manufacturer made available
500 for the all-terrain vehicle model; and
501 (B) have at least 2/32 inches or greater tire tread.
502 (b) The owner of an all-terrain type II vehicle or all-terrain type III vehicle being
503 operated as a street-legal all-terrain vehicle shall ensure that the vehicle is equipped with:
504 (i) two headlamps that meet the requirements of Section 41-6a-1603;
505 (ii) two tail lamps;
506 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
507 with a white light;
508 (iv) one or more red reflectors on the rear;
509 (v) two stop lamps on the rear;
510 (vi) amber or red electric turn signals, one on each side of the front and rear;
511 (vii) a braking system, other than a parking brake, that meets the requirements of
512 Section 41-6a-1623;
513 (viii) a horn or other warning device that meets the requirements of Section
514 41-6a-1625;
515 (ix) a muffler and emission control system that meets the requirements of Section
516 41-6a-1626;
517 (x) rearview mirrors on the right and left side of the driver in accordance with Section
518 41-6a-1627;
519 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
520 (xii) a speedometer, illuminated for nighttime operation;
521 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
522 seat designed for passengers;
523 (xiv) for vehicles with side-by-side or tandem seating, seatbelts for each vehicle
524 occupant;
525 (xv) a seat with a height between 20 and 40 inches when measured at the forward edge
526 of the seat bottom; and
527 (xvi) tires that:
528 (A) do not exceed 44 inches in height; and
529 (B) have at least 2/32 inches or greater tire tread.
530 (c) The owner of a street-legal all-terrain vehicle is not required to equip the vehicle
531 with wheel covers, mudguards, flaps, or splash aprons.
532 [
533 street-legal all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway,
534 may not exceed the lesser of:
535 (i) the posted speed limit; or
536 (ii) 50 miles per hour.
537 (b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
538 all-terrain vehicle on a highway with a posted speed limit higher than 50 miles per hour, shall:
539 (i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
540 roadway; and
541 (ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the
542 front and back of both sides of the vehicle.
543 (7) (a) Subject to the requirements of Subsection (7)(b), an operator of a street-legal
544 novel vehicle, when operating as a street-legal novel vehicle on a highway, may not exceed the
545 lesser of:
546 (i) the posted speed limit; or
547 (ii) 50 milers per hour.
548 (b) An operator of a street-legal novel vehicle, when operating a street-legal novel
549 vehicle on a highway with a posted speed limit higher than 50 miles per hour, shall:
550 (i) operate the street-legal novel vehicle on the extreme right hand side of the roadway;
551 and
552 (ii) equip the street-legal novel vehicle with a reflector or reflective tape to the front
553 and back of both sides of the vehicle.
554 [
555 operated on the highways of another state has the same rights and privileges as a street-legal
556 ATV or street-legal novel vehicle that is granted operating privileges on the highways of this
557 state, subject to the restrictions under this section and rules made by the Division of Outdoor
558 Recreation, after notifying the Outdoor Adventure Commission, if the other state offers
559 reciprocal operating privileges to Utah residents.
560 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
561 Division of Outdoor Recreation, after notifying the Outdoor Adventure Commission, shall
562 establish eligibility requirements for reciprocal operating privileges for nonresident users
563 granted under Subsection [
564 [
565 operating the off-highway vehicle in accordance with Section 41-22-10.5.
566 [
567 Section 4. Section 41-6a-1601 is amended to read:
568 41-6a-1601. Operation of unsafe or improperly equipped vehicles on public
569 highways -- Exceptions.
570 (1) (a) A person may not operate or move and an owner may not cause or knowingly
571 permit to be operated or moved on a highway a vehicle or combination of vehicles that:
572 (i) is in an unsafe condition that may endanger any person;
573 (ii) does not contain those parts or is not at all times equipped with lamps and other
574 equipment in proper condition and adjustment as required in this chapter;
575 (iii) is equipped in any manner in violation of this chapter; or
576 (iv) emits pollutants in excess of the limits allowed under the rules of the Air Quality
577 Board created under Title 19, Chapter 2, Air Conservation Act, or under rules made by local
578 health departments.
579 (b) A person may not do any act forbidden or fail to perform any act required under this
580 chapter.
581 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
582 and in coordination with the rules made under Section 53-8-204, the department shall make
583 rules setting minimum standards covering the design, construction, condition, and operation of
584 vehicle equipment for safely operating a motor vehicle on the highway as required under this
585 part.
586 (b) The rules under Subsection (2)(a):
587 (i) shall conform as nearly as practical to Federal Motor Vehicle Safety Standards and
588 Regulations;
589 (ii) may incorporate by reference, in whole or in part, the federal standards under
590 Subsection (2)(b)(i) and nationally recognized and readily available standards and codes on
591 motor vehicle safety;
592 (iii) shall include provisions for the issuance of a permit under Section 41-6a-1602;
593 (iv) shall include standards for the emergency lights of authorized emergency vehicles;
594 (v) may provide standards and specifications applicable to lighting equipment on
595 school buses consistent with:
596 (A) this part;
597 (B) federal motor vehicle safety standards; and
598 (C) current specifications of the Society of Automotive Engineers;
599 (vi) shall provide procedures for the submission, review, approval, disapproval,
600 issuance of an approval certificate, and expiration or renewal of approval of any part as
601 required under Section 41-6a-1620;
602 (vii) shall establish specifications for the display or etching of a vehicle identification
603 number on a vehicle;
604 (viii) shall establish specifications in compliance with this part for a flare, fusee,
605 electric lantern, warning flag, or portable reflector used in compliance with this part;
606 (ix) shall establish approved safety and law enforcement purposes when video display
607 is visible to the motor vehicle operator; and
608 (x) shall include standards and specifications for both original equipment and parts
609 included when a vehicle is manufactured and aftermarket equipment and parts included after
610 the original manufacture of a vehicle.
611 (c) The following standards and specifications for vehicle equipment are adopted:
612 (i) 49 C.F.R. 571.209 related to safety belts;
613 (ii) 49 C.F.R. 571.213 related to child restraint devices;
614 (iii) 49 C.F.R. 393, 396, and 396 Appendix G related to commercial motor vehicles
615 and trailers operated in interstate commerce;
616 (iv) 49 C.F.R. 571 Standard 108 related to lights and illuminating devices; and
617 (v) 40 C.F.R. 82.30 through 82.42 and Part 82, Subpart B, Appendix A and B related
618 to air conditioning equipment.
619 (3) Nothing in this chapter or the rules made by the department prohibit:
620 (a) equipment required by the United States Department of Transportation; or
621 (b) the use of additional parts and accessories on a vehicle not inconsistent with the
622 provisions of this chapter or the rules made by the department.
623 (4) Except as specifically made applicable, this chapter and rules of the department
624 with respect to equipment required on vehicles do not apply to:
625 (a) implements of husbandry;
626 (b) road machinery;
627 (c) road rollers;
628 (d) farm tractors;
629 (e) motorcycles;
630 (f) motor-driven cycles;
631 (g) motor assisted scooters;
632 (h) vehicles moved solely by human power;
633 (i) off-highway vehicles registered under Section 41-22-3 either:
634 (i) on a highway designated as open for off-highway vehicle use; or
635 (ii) in the manner prescribed by Subsections 41-22-10.3(1) through (3); or
636 (j) off-highway implements of husbandry when operated in the manner prescribed by
637 Subsections 41-22-5.5(3) through (5).
638 (5) The vehicles referred to in Subsections (4)(i) and (j) are subject to the equipment
639 requirements of Title 41, Chapter 22, Off-highway Vehicles, and the rules made under that
640 chapter.
641 (6) (a) (i) Except as provided in Subsection (6)(a)(ii), a federal motor vehicle safety
642 standard supersedes any conflicting provision of this chapter.
643 (ii) Federal motor vehicle safety standards do not supersede the provisions of Section
644 41-6a-1509 governing the requirements for and use of street-legal all-terrain vehicles or
645 street-legal novel vehicles on highways.
646 (b) The department:
647 (i) shall report any conflict found under Subsection (6)(a) to the appropriate
648 committees or officials of the Legislature; and
649 (ii) may adopt a rule to replace the superseded provision.
650 (7) Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
651 Section 5. Section 41-6a-1629 is amended to read:
652 41-6a-1629. Vehicles subject to Sections 41-6a-1629 through 41-6a-1633 --
653 Definitions.
654 (1) As used in Sections 41-6a-1629 through 41-6a-1633:
655 (a) "Frame" means the main longitudinal structural members of the chassis of the
656 vehicle or, for vehicles with unitized body construction, the lowest longitudinal structural
657 member of the body of the vehicle.
658 (b) "Frame height" means the vertical distance between the ground and the lowest point
659 on the frame. The distance is measured when the vehicle is unladen and on a level surface.
660 (c) "Gross vehicle weight rating (GVWR)" means the original manufacturer's gross
661 vehicle weight rating, whether or not the vehicle is modified by use of parts not originally
662 installed by the original manufacturer.
663 (d) "Manufacturer" means any person engaged in manufacturing or assembling new
664 motor vehicles utilizing new parts or components, or a person defined as a manufacturer in
665 current applicable Federal Motor Vehicle Safety Standards and Regulations.
666 (e) "Mechanical alteration" or "mechanical lift" means modification or alteration of the
667 axles, chassis, suspension, or body by any means, including tires and wheels, and excluding
668 any load, which affects the frame height of the motor vehicle.
669 (f) "O.E.M." means original equipment manufacturer.
670 (g) "Original equipment" means an item of motor vehicle equipment, including tires,
671 which were installed in or on a motor vehicle or available as an option for the particular vehicle
672 from the original manufacturer at the time of its delivery to the first purchaser.
673 (h) "Wheel track" means the shortest distance between the center of the tire treads on
674 the same axle. On vehicles having dissimilar axle widths, the axle with the widest distance is
675 used for all calculations.
676 (2) (a) Except as provided in Subsections (2)(b) and (c), the provisions of Sections
677 41-6a-1629 through 41-6a-1633 apply to all motor vehicles operated or parked on a highway.
678 (b) The provisions of Sections 41-6a-1629 through 41-6a-1633 do not apply to the
679 following vehicles:
680 (i) implements of husbandry;
681 (ii) farm tractors;
682 (iii) road machinery;
683 (iv) road rollers; and
684 (v) historical vehicles or horseless carriages that have been restored as near to original
685 condition as is reasonably possible.
686 (c) The provisions of Subsection 41-6a-1631(2) and Sections 41-6a-1632 and
687 41-6a-1633 do not apply to a street-legal all-terrain vehicle or a street-legal novel vehicle
688 operated in accordance with Section 41-6a-1509.
689 Section 6. Section 41-22-10.3 is amended to read:
690 41-22-10.3. Operation of vehicles on highways -- Limits.
691 A person may not operate an off-highway vehicle upon any street or highway, not
692 designated as open to off-highway vehicle use, except:
693 (1) when crossing a street or highway and the operator comes to a complete stop before
694 crossing, proceeds only after yielding the right of way to oncoming traffic, and crosses at a
695 right angle;
696 (2) when loading or unloading an off-highway vehicle from a vehicle or trailer, which
697 shall be done with due regard for safety, and at the nearest practical point of operation;
698 (3) when an emergency exists, during any period of time and at those locations when
699 the operation of conventional motor vehicles is impractical or when the operation is directed by
700 a peace officer or other public authority; or
701 (4) when operating a street-legal all-terrain vehicle or a street-legal novel vehicle on a
702 highway in accordance with Section 41-6a-1509.
703 (5) A violation of this section is an infraction.
704 Section 7. Section 41-27-101 is enacted to read:
705
706
707 41-27-101. Definitions.
708 As used in this chapter:
709 (1) "Commission" means the State Tax Commission.
710 (2) "Division" means the Motor Vehicle Division.
711 (3) "Novel vehicle" means a vehicle:
712 (a) that is not expressly exempt from registration; and
713 (b) (i) that does not fit within a vehicle category;
714 (ii) with unique characteristics that make it unclear whether the vehicle fits within a
715 vehicle category; or
716 (iii) that a reasonable person would not consider the vehicle to be clearly included in an
717 existing vehicle category.
718 (4) "Vehicle" means a motor vehicle, combination of vehicles, trailer, semitrailer,
719 vintage vehicle, restored-modified vehicle, off-highway vehicle, vessel, or park model
720 recreational vehicle.
721 (5) (a) "Vehicle category" means a vehicle type:
722 (i) that is defined in this title or Title 73, Chapter 18, State Boating Act; and
723 (ii) for which registration is required under:
724 (A) this chapter;
725 (B) Chapter 1a, Motor Vehicle Act;
726 (C) Chapter 22, Off-highway Vehicles; or
727 (D) Title 73, Chapter 18, State Boating Act.
728 (b) "Vehicle category" does not include a novel vehicle.
729 (6) "VIN" means a vehicle identification number or a hull identification number.
730 Section 8. Section 41-27-201 is enacted to read:
731
732 41-27-201. Novel vehicle registration.
733 (1) An owner registering a vehicle shall provide the VIN, if applicable.
734 (2) The division shall identify a vehicle category based on the VIN.
735 (3) If the vehicle does not have a VIN, or if the division is unable to determine the
736 vehicle category based on the VIN:
737 (a) the owner shall provide the division with a description of the vehicle, including the
738 vehicle's purpose; and
739 (b) if the description of the vehicle fits with an existing category of vehicle, the vehicle
740 shall be registered in accordance with that vehicle category.
741 (4) The vehicle shall be registered as a novel vehicle if:
742 (a) the vehicle is not expressly exempt from registration; and
743 (b) (i) the vehicle does not fit within a vehicle category;
744 (ii) the unique characteristics of the vehicle make it unclear whether the vehicle fits
745 within a vehicle category; or
746 (iii) a reasonable person would not consider the vehicle to be clearly included in an
747 existing vehicle category.
748 (5) A person registering a novel vehicle shall pay:
749 (a) in accordance with Section 59-2-405, an annual $1 fee in lieu of property tax; and
750 (b) an annual $1 registration fee.
751 (6) A vehicle registered as a novel vehicle is subject to the requirements described in
752 Section 41-6a-1509.
753 Section 9. Section 41-27-202 is enacted to read:
754 41-27-202. Appeal to commission.
755 (1) If an owner disagrees with the division's decision, the owner may, within 14 days
756 after the day on which the division makes the decision, appeal the decision to the commission
757 by:
758 (a) filing a notice of appeal with the commission; and
759 (b) including any additional information regarding the vehicle.
760 (2) (a) In reviewing a decision described in Subsection (1), the commission may:
761 (i) admit additional evidence; and
762 (ii) make a correction or change in the vehicle category determination made by the
763 division.
764 (b) The owner shall register the vehicle in accordance with the commission's
765 determination.
766 (c) The division shall reduce the fee required to register a vehicle under Subsection
767 (2)(b) by the amount paid by the owner of the vehicle under Subsection 41-27-201(4).
768 (3) The commission shall decide an appeal filed under Subsection (1) as soon as
769 practicable and promptly notify:
770 (a) the owner; and
771 (b) the division.
772 Section 10. Section 41-27-301 is enacted to read:
773
774 41-27-301. Novel vehicle report to Transportation Interim Committee.
775 (1) The commission shall, at or before the October interim meeting of the
776 Transportation Interim Committee, present a report on novel vehicle registrations that includes:
777 (a) the number of vehicles registered as novel vehicles; and
778 (b) a description of the vehicles registered as novel vehicles.
779 (2) The Transportation Interim Committee shall review the report described in
780 Subsection (1) and determine whether to propose legislation relating to registration of a
781 particular type of novel vehicle.
782 (3) A vehicle previously registered as a novel vehicle shall continue to be registered as
783 a novel vehicle, unless the Legislature amends the Utah Code to:
784 (a) require the vehicle to be registered otherwise; or
785 (b) exempt the vehicle from registration.
786 Section 11. Section 63I-1-241 is amended to read:
787 63I-1-241. Repeal dates: Title 41.
788 (1) Subsection 41-1a-1201(8), related to the Neuro-Rehabilitation Fund, is repealed
789 January 1, 2025.
790 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
791 business regulation, is repealed July 1, 2024.
792 (3) The following subsections addressing lane filtering are repealed on July 1, 2027:
793 (a) the subsection in Section 41-6a-102 that defines "lane filtering";
794 (b) Subsection 41-6a-704(5); and
795 (c) Subsection 41-6a-710(1)(c).
796 (4) Subsection 41-6a-1406(6)(b)(iii), related to the Neuro-Rehabilitation Fund, is
797 repealed January 1, 2025.
798 (5) Subsections 41-22-2(1) and 41-22-10(1), which authorize an advisory council that
799 includes in the advisory council's duties addressing off-highway vehicle issues, are repealed
800 July 1, 2027.
801 (6) Subsection 41-22-8(3), related to the Neuro-Rehabilitation Fund, is repealed
802 January 1, 2025.
803 Section 12. Effective date.
804 This bill takes effect on October 1, 2024.