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7 LONG TITLE
8 Committee Note:
9 The Transportation Interim Committee recommended this bill.
10 Legislative Vote: 15 voting for 0 voting against 3 absent
11 General Description:
12 This bill amends provisions and definitions related to certain motor vehicles to clarify
13 titling and registration requirements.
14 Highlighted Provisions:
15 This bill:
16 ▸ allows the Division of Motor Vehicles to provide title to certain off-highway
17 vehicles;
18 ▸ defines terms and amends the definitions of certain motor vehicles;
19 ▸ amends a provision to allow certain motor vehicles to emit visible contaminants;
20 and
21 ▸ makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides a special effective date.
26 Utah Code Sections Affected:
27 AMENDS:
28 41-1a-102, as last amended by Laws of Utah 2023, Chapters 33, 532
29 41-1a-507, as renumbered and amended by Laws of Utah 1992, Chapter 1
30 41-6a-102, as last amended by Laws of Utah 2023, Chapters 219, 532
31 41-6a-1626, as last amended by Laws of Utah 2021, Chapter 282
32 41-22-2, as last amended by Laws of Utah 2022, Chapters 68, 88
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 41-1a-102 is amended to read:
36 41-1a-102. Definitions.
37 As used in this chapter:
38 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
39 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
40 vehicles as operated and certified to by a weighmaster.
41 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
42 41-22-2.
43 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
44 41-22-2.
45 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
46 41-22-2.
47 (6) "Alternative fuel vehicle" means:
48 (a) an electric motor vehicle;
49 (b) a hybrid electric motor vehicle;
50 (c) a plug-in hybrid electric motor vehicle; or
51 (d) a motor vehicle powered exclusively by a fuel other than:
52 (i) motor fuel;
53 (ii) diesel fuel;
54 (iii) natural gas; or
55 (iv) propane.
56 (7) "Amateur radio operator" means a person licensed by the Federal Communications
57 Commission to engage in private and experimental two-way radio operation on the amateur
58 band radio frequencies.
59 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
60 (9) "Automated driving system" means the same as that term is defined in Section
61 41-26-102.1.
62 (10) "Branded title" means a title certificate that is labeled:
63 (a) rebuilt and restored to operation;
64 (b) flooded and restored to operation; or
65 (c) not restored to operation.
66 (11) "Camper" means a structure designed, used, and maintained primarily to be
67 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
68 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
69 camping.
70 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
71 record of ownership between an identified owner and the described vehicle, vessel, or outboard
72 motor.
73 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
74 weighmaster.
75 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
76 maintained for the transportation of persons or property that operates:
77 (a) as a carrier for hire, compensation, or profit; or
78 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
79 owner's commercial enterprise.
80 (15) "Commission" means the State Tax Commission.
81 (16) "Consumer price index" means the same as that term is defined in Section
82 59-13-102.
83 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
84 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
85 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
86 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
87 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
88 (19) "Division" means the Motor Vehicle Division of the commission, created in
89 Section 41-1a-106.
90 (20) "Dynamic driving task" means the same as that term is defined in Section
91 41-26-102.1.
92 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
93 electric motor drawing current from a rechargeable energy storage system.
94 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
95 to be registered in this state, the removal, alteration, or substitution of which would tend to
96 conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
97 or mode of operation.
98 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
99 implement for drawing plows, mowing machines, and other implements of husbandry.
100 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
101 the owner's or operator's own use in the transportation of:
102 (i) farm products, including livestock and its products, poultry and its products,
103 floricultural and horticultural products;
104 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
105 agricultural, floricultural, horticultural, livestock, and poultry production; and
106 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
107 other purposes connected with the operation of a farm.
108 (b) "Farm truck" does not include the operation of trucks by commercial processors of
109 agricultural products.
110 (25) "Fleet" means one or more commercial vehicles.
111 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
112 this state from another state, territory, or country other than in the ordinary course of business
113 by or through a manufacturer or dealer, and not registered in this state.
114 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
115 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
116 (28) "Highway" or "street" means the entire width between property lines of every way
117 or place of whatever nature when any part of it is open to the public, as a matter of right, for
118 purposes of vehicular traffic.
119 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
120 energy from onboard sources of stored energy that are both:
121 (a) an internal combustion engine or heat engine using consumable fuel; and
122 (b) a rechargeable energy storage system where energy for the storage system comes
123 solely from sources onboard the vehicle.
124 (30) (a) "Identification number" means the identifying number assigned by the
125 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
126 motor.
127 (b) "Identification number" includes a vehicle identification number, state assigned
128 identification number, hull identification number, and motor serial number.
129 (31) "Implement of husbandry" means a vehicle designed or adapted and used
130 exclusively for an agricultural operation and only incidentally operated or moved upon the
131 highways.
132 (32) (a) "In-state miles" means the total number of miles operated in this state during
133 the preceding year by fleet power units.
134 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
135 total number of miles that those vehicles were towed on Utah highways during the preceding
136 year.
137 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
138 province, territory, or possession of the United States or foreign country.
139 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
140 possession of the United States or any foreign country.
141 (35) "Lienholder" means a person with a security interest in particular property.
142 (36) "Manufactured home" means a transportable factory built housing unit constructed
143 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
144 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
145 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
146 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
147 with or without a permanent foundation when connected to the required utilities, and includes
148 the plumbing, heating, air-conditioning, and electrical systems.
149 (37) "Manufacturer" means a person engaged in the business of constructing,
150 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
151 outboard motors for the purpose of sale or trade.
152 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
153 for use by armed forces and that is maintained in a condition that represents the vehicle's
154 military design and markings regardless of current ownership or use.
155 (39) "Mobile home" means a transportable factory built housing unit built prior to June
156 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
157 Manufactured Housing and Safety Standards Act (HUD Code).
158 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
159 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
160 operation on the highways.
161 (b) "Motor vehicle" does not include:
162 (i) an off-highway vehicle; or
163 (ii) a motor assisted scooter as defined in Section 41-6a-102.
164 (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
165 (43) "Motorcycle" means:
166 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
167 more than three wheels in contact with the ground; or
168 (b) an autocycle.
169 (44) "Natural gas" means a fuel of which the primary constituent is methane.
170 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
171 Section 41-1a-202, and who does not engage in intrastate business within this state and does
172 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
173 (b) A person who engages in intrastate business within this state and operates in that
174 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
175 interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
176 considered a resident of this state, insofar as that vehicle is concerned in administering this
177 chapter.
178 (46) "Odometer" means a device for measuring and recording the actual distance a
179 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
180 periodically reset.
181 (47) "Off-highway implement of husbandry" means the same as that term is defined in
182 Section 41-22-2.
183 (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
184 (49) (a) "Operate" means:
185 (i) to navigate a vessel; or
186 (ii) collectively, the activities performed in order to perform the entire dynamic driving
187 task for a given motor vehicle by:
188 (A) a human driver as defined in Section 41-26-102.1; or
189 (B) an engaged automated driving system.
190 (b) "Operate" includes testing of an automated driving system.
191 (50) "Original issue license plate" means a license plate that is of a format and type
192 issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
193 older.
194 (51) "Outboard motor" means a detachable self-contained propulsion unit, excluding
195 fuel supply, used to propel a vessel.
196 (52) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
197 vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
198 security interest.
199 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
200 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
201 stated in the agreement and with an immediate right of possession vested in the conditional
202 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
203 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
204 chapter.
205 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
206 owner until the lessee exercises the lessee's option to purchase the vehicle.
207 (53) "Park model recreational vehicle" means a unit that:
208 (a) is designed and marketed as temporary living quarters for recreational, camping,
209 travel, or seasonal use;
210 (b) is not permanently affixed to real property for use as a permanent dwelling;
211 (c) requires a special highway movement permit for transit; and
212 (d) is built on a single chassis mounted on wheels with a gross trailer area not
213 exceeding 400 square feet in the setup mode.
214 (54) "Personalized license plate" means a license plate that has displayed on it a
215 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
216 to the vehicle by the division.
217 (55) (a) "Pickup truck" means a two-axle motor vehicle with motive power
218 manufactured, remanufactured, or materially altered to provide an open cargo area.
219 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
220 camper, camper shell, tarp, removable top, or similar structure.
221 (56) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that
222 has the capability to charge the battery or batteries used for vehicle propulsion from an
223 off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle
224 while the vehicle is in motion.
225 (57) "Pneumatic tire" means a tire in which compressed air is designed to support the
226 load.
227 (58) "Preceding year" means a period of 12 consecutive months fixed by the division
228 that is within 16 months immediately preceding the commencement of the registration or
229 license year in which proportional registration is sought. The division in fixing the period shall
230 conform it to the terms, conditions, and requirements of any applicable agreement or
231 arrangement for the proportional registration of vehicles.
232 (59) "Public garage" means a building or other place where vehicles or vessels are kept
233 and stored and where a charge is made for the storage and keeping of vehicles and vessels.
234 (60) "Receipt of surrender of ownership documents" means the receipt of surrender of
235 ownership documents described in Section 41-1a-503.
236 (61) "Reconstructed vehicle" means a vehicle of a type required to be registered in this
237 state that is materially altered from its original construction by the removal, addition, or
238 substitution of essential parts, new or used.
239 (62) "Recreational vehicle" means the same as that term is defined in Section
240 13-14-102.
241 (63) "Registration" means a document issued by a jurisdiction that allows operation of
242 a vehicle or vessel on the highways or waters of this state for the time period for which the
243 registration is valid and that is evidence of compliance with the registration requirements of the
244 jurisdiction.
245 (64) "Registration decal" means the decal issued by the division that is evidence of
246 compliance with the division's registration requirements.
247 (65) (a) "Registration year" means a 12 consecutive month period commencing with
248 the completion of the applicable registration criteria.
249 (b) For administration of a multistate agreement for proportional registration the
250 division may prescribe a different 12-month period.
251 (66) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
252 motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
253 or outboard motor, or by correcting the inoperative part.
254 (67) "Replica vehicle" means:
255 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
256 (b) a custom vehicle that meets the requirements under Subsection
257 41-6a-1507(1)(a)(i)(B).
258 (68) "Restored-modified vehicle" means a motor vehicle that has been restored and
259 modified with modern parts and technology, including emission control technology and an
260 on-board diagnostic system.
261 (69) "Road tractor" means a motor vehicle designed and used for drawing other
262 vehicles and constructed so it does not carry any load either independently or any part of the
263 weight of a vehicle or load that is drawn.
264 (70) "Sailboat" means the same as that term is defined in Section 73-18-2.
265 (71) "Security interest" means an interest that is reserved or created by a security
266 agreement to secure the payment or performance of an obligation and that is valid against third
267 parties.
268 (72) "Semitrailer" means a vehicle without motive power designed for carrying persons
269 or property and for being drawn by a motor vehicle and constructed so that some part of its
270 weight and its load rests or is carried by another vehicle.
271 (73) "Special group license plate" means a type of license plate designed for a
272 particular group of people or a license plate authorized and issued by the division in accordance
273 with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates.
274 (74) (a) "Special interest vehicle" means a vehicle used for general transportation
275 purposes and that is:
276 (i) 20 years or older from the current year; or
277 (ii) a make or model of motor vehicle recognized by the division director as having
278 unique interest or historic value.
279 (b) In making a determination under Subsection (74)(a), the division director shall give
280 special consideration to:
281 (i) a make of motor vehicle that is no longer manufactured;
282 (ii) a make or model of motor vehicle produced in limited or token quantities;
283 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
284 designed exclusively for educational purposes or museum display; or
285 (iv) a motor vehicle of any age or make that has not been substantially altered or
286 modified from original specifications of the manufacturer and because of its significance is
287 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
288 leisure pursuit.
289 (75) (a) "Special mobile equipment" means a vehicle:
290 (i) not designed or used primarily for the transportation of persons or property;
291 (ii) not designed to operate in traffic; and
292 (iii) only incidentally operated or moved over the highways.
293 (b) "Special mobile equipment" includes:
294 (i) farm tractors;
295 (ii) off-road motorized construction or maintenance equipment including backhoes,
296 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
297 (iii) ditch-digging apparatus.
298 (c) "Special mobile equipment" does not include a commercial vehicle as defined
299 under Section 72-9-102.
300 (76) "Specially constructed vehicle" means a vehicle of a type required to be registered
301 in this state, not originally constructed under a distinctive name, make, model, or type by a
302 generally recognized manufacturer of vehicles, and not materially altered from its original
303 construction.
304 (77) (a) "Standard license plate" means a license plate for general issue described in
305 Subsection 41-1a-402(1).
306 (b) "Standard license plate" includes a license plate for general issue that the division
307 issues before January 1, 2024.
308 (78) "State impound yard" means a yard for the storage of a vehicle, vessel, or outboard
309 motor that meets the requirements of rules made by the commission pursuant to Subsection
310 41-1a-1101(5).
311 (79) "Street-legal all-terrain vehicle" or "street-legal ATV" means the same as that term
312 is defined in Section 41-6a-102.
313 [
314 group and displayed on a special group license plate.
315 [
316 motor.
317 [
318 jurisdictions during the preceding year by power units.
319 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
320 the number of miles that those vehicles were towed on the highways of all jurisdictions during
321 the preceding year.
322 [
323 72-9-102.
324 [
325 72-9-102.
326 [
327 persons or property and for being drawn by a motor vehicle and constructed so that no part of
328 its weight rests upon the towing vehicle.
329 [
330 conveyed by sale, gift, or any other means except by the creation of a security interest.
331 [
332 property by sale, gift, or any other means except by creation of a security interest.
333 [
334 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
335 vacation use that does not require a special highway movement permit when drawn by a
336 self-propelled motor vehicle.
337 [
338 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
339 vehicle and load that is drawn.
340 [
341 camper, park model recreational vehicle, manufactured home, and mobile home.
342 [
343 [
344 41-21-1.
345 [
346 73-18-2.
347 [
348 permitted to weigh vehicles under this chapter.
349 Section 2. Section 41-1a-507 is amended to read:
350 41-1a-507. Exceptions to title requirements for off-highway vehicles.
351 (1) Each off-highway vehicle operated in this state and identified by the manufacturer
352 as a 1988 year model or newer is subject to the titling provisions of this part except:
353 (a) off-highway vehicles owned and operated by nonresidents of the state; and
354 (b) off-highway vehicles owned and operated by the federal government[
355 [
356 (2) The division may not provide title to an off-highway vehicle identified by the
357 manufacturer as a 1987 year model or older[
358 (a) a motorcycle; or
359 (b) a street-legal all-terrain vehicle.
360 Section 3. Section 41-6a-102 is amended to read:
361 41-6a-102. Definitions.
362 As used in this chapter:
363 (1) "Alley" means a street or highway intended to provide access to the rear or side of
364 lots or buildings in urban districts and not intended for through vehicular traffic.
365 (2) "All-terrain type I vehicle" means the same as that term is defined in Section
366 41-22-2.
367 (3) "All-terrain type II vehicle" means the same as that term is defined in Section
368 41-22-2.
369 (4) "All-terrain type III vehicle" means the same as that term is defined in Section
370 41-22-2.
371 [
372 (a) fire department vehicles;
373 (b) police vehicles;
374 (c) ambulances; and
375 (d) other publicly or privately owned vehicles as designated by the commissioner of the
376 Department of Public Safety.
377 [
378 [
379 (i) propelled by human power by feet or hands acting upon pedals or cranks;
380 (ii) with a seat or saddle designed for the use of the operator;
381 (iii) designed to be operated on the ground; and
382 (iv) whose wheels are not less than 14 inches in diameter.
383 (b) "Bicycle" includes an electric assisted bicycle.
384 (c) "Bicycle" does not include scooters and similar devices.
385 [
386 (i) designed for carrying more than 15 passengers and used for the transportation of
387 persons; or
388 (ii) designed and used for the transportation of persons for compensation.
389 (b) "Bus" does not include a taxicab.
390 [
391 circular in design, located in the center of the intersection where traffic passes to the right of
392 the island.
393 (b) "Circular intersection" includes:
394 (i) roundabouts;
395 (ii) rotaries; and
396 (iii) traffic circles.
397 [
398 described in Subsection [
399 [
400 described in Subsection [
401 [
402 described in Subsection [
403 [
404 Safety.
405 [
406 (a) designed primarily for through traffic; and
407 (b) to or from which owners or occupants of abutting lands and other persons have no
408 legal right of access, except at points as determined by the highway authority having
409 jurisdiction over the highway, street, or roadway.
410 [
411 (a) that part of a roadway at an intersection included within the connections of the
412 lateral lines of the sidewalks on opposite sides of the highway measured from:
413 (i) (A) the curbs; or
414 (B) in the absence of curbs, from the edges of the traversable roadway; and
415 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
416 included within the extension of the lateral lines of the existing sidewalk at right angles to the
417 centerline; or
418 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
419 pedestrian crossing by lines or other markings on the surface.
420 [
421 [
422 (a) visual contact is maintained; and
423 (b) advice and assistance can be given and received.
424 [
425 by:
426 (a) an unpaved intervening space;
427 (b) a physical barrier; or
428 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
429 [
430 arranged side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to
431 clear snow from two or more lanes at once.
432 [
433 (a) has a power output of not more than 750 watts;
434 (b) has fully operable pedals on permanently affixed cranks;
435 (c) is fully operable as a bicycle without the use of the electric motor; and
436 (d) is one of the following:
437 (i) an electric assisted bicycle equipped with a motor or electronics that:
438 (A) provides assistance only when the rider is pedaling; and
439 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
440 hour;
441 (ii) an electric assisted bicycle equipped with a motor or electronics that:
442 (A) may be used exclusively to propel the bicycle; and
443 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
444 miles per hour; or
445 (iii) an electric assisted bicycle equipped with a motor or electronics that:
446 (A) provides assistance only when the rider is pedaling;
447 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
448 hour; and
449 (C) is equipped with a speedometer.
450 [
451 device with:
452 (i) two nontandem wheels in contact with the ground;
453 (ii) a system capable of steering and stopping the unit under typical operating
454 conditions;
455 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
456 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
457 (v) a deck design for a person to stand while operating the device.
458 (b) "Electric personal assistive mobility device" does not include a wheelchair.
459 [
460 commonly used or intended for the purpose of producing an explosion and that contains any
461 oxidizing and combustive units or other ingredients in proportions, quantities, or packing so
462 that an ignition by fire, friction, concussion, percussion, or detonator of any part of the
463 compound or mixture may cause a sudden generation of highly heated gases, and the resultant
464 gaseous pressures are capable of producing destructive effects on contiguous objects or of
465 causing death or serious bodily injury.
466 [
467 implement, for drawing plows, mowing machines, and other implements of husbandry.
468 [
469 less, as determined by a Tagliabue or equivalent closed-cup test device.
470 [
471 system as defined in Section 72-1-102.
472 [
473 (i) is designed for transportation by players on a golf course;
474 (ii) has not less than three wheels in contact with the ground;
475 (iii) has an unladen weight of less than 1,800 pounds;
476 (iv) is designed to operate at low speeds; and
477 (v) is designed to carry not more than six persons including the driver.
478 (b) "Golf cart" does not include:
479 (i) a low-speed vehicle or an off-highway vehicle;
480 (ii) a motorized wheelchair;
481 (iii) an electric personal assistive mobility device;
482 (iv) an electric assisted bicycle;
483 (v) a motor assisted scooter;
484 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
485 (vii) a mobile carrier, as defined in Section 41-6a-1120.
486 [
487 between a continuing lane of a through roadway and a lane used to enter or exit the continuing
488 lane including similar areas between merging or splitting highways.
489 [
490 weight of any load on the vehicle.
491 [
492 (a) manufactured to meet Federal Motor Vehicle Safety Standards; and
493 (b) equipped with retractable flanged wheels that allow the vehicle to travel on a
494 highway or railroad tracks.
495 [
496 place of any nature when any part of it is open to the use of the public as a matter of right for
497 vehicular travel.
498 [
499 72-1-102.
500 [
501 connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways
502 of two or more highways that join one another.
503 (b) Where a highway includes two roadways 30 feet or more apart:
504 (i) every crossing of each roadway of the divided highway by an intersecting highway
505 is a separate intersection; and
506 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
507 every crossing of two roadways of the highways is a separate intersection.
508 (c) "Intersection" does not include the junction of an alley with a street or highway.
509 [
510 of vehicle movements or for pedestrian refuge designated by:
511 (a) pavement markings, which may include an area designated by two solid yellow
512 lines surrounding the perimeter of the area;
513 (b) channelizing devices;
514 (c) curbs;
515 (d) pavement edges; or
516 (e) other devices.
517 [
518 autocycle, the act of overtaking and passing another vehicle that is stopped in the same
519 direction of travel in the same lane.
520 [
521 Section 53-1-102.
522 [
523 (a) that is designated specifically for through traffic; and
524 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
525 persons have any right or easement, or have only a limited right or easement of access, light,
526 air, or view.
527 [
528 body of a county, municipal, or other local board or body having authority to enact laws
529 relating to traffic under the constitution and laws of the state.
530 [
531 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
532 (ii) has a capacity of not more than six passengers, including a conventional driver or
533 fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
534 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
535 [
536 is wholly or partly of metal or other hard nonresilient material.
537 [
538 seat or saddle that is less than 24 inches from the ground as measured on a level surface with
539 properly inflated tires.
540 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
541 (c) "Mini-motorcycle" does not include a motorcycle that is:
542 (i) designed for off-highway use; and
543 (ii) registered as an off-highway vehicle under Section 41-22-3.
544 [
545 (a) a trailer or semitrailer that is:
546 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
547 place either permanently or temporarily; and
548 (ii) equipped for use as a conveyance on streets and highways; or
549 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
550 constructed for use as a mobile home, as defined in Subsection [
551 instead used permanently or temporarily for:
552 (i) the advertising, sale, display, or promotion of merchandise or services; or
553 (ii) any other commercial purpose except the transportation of property for hire or the
554 transportation of property for distribution by a private carrier.
555 [
556 the person's extremities or difficulty with motor skills, that may include limitations with
557 walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other
558 condition.
559 [
560 (i) pedals to permit propulsion by human power; and
561 (ii) a motor that:
562 (A) produces not more than two brake horsepower; and
563 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
564 level ground.
565 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
566 centimeters and the moped shall have a power drive system that functions directly or
567 automatically without clutching or shifting by the operator after the drive system is engaged.
568 (c) "Moped" does not include:
569 (i) an electric assisted bicycle; or
570 (ii) a motor assisted scooter.
571 [
572 (i) at least two wheels in contact with the ground;
573 (ii) a braking system capable of stopping the unit under typical operating conditions;
574 (iii) an electric motor not exceeding 2,000 watts;
575 (iv) either:
576 (A) handlebars and a deck design for a person to stand while operating the device; or
577 (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
578 the device;
579 (v) a design for the ability to be propelled by human power alone; and
580 (vi) a maximum speed of 20 miles per hour on a paved level surface.
581 (b) "Motor assisted scooter" does not include:
582 (i) an electric assisted bicycle; or
583 (ii) a motor-driven cycle.
584 [
585 is propelled by electric power obtained from overhead trolley wires, but not operated upon
586 rails.
587 (b) "Motor vehicle" does not include:
588 (i) vehicles moved solely by human power;
589 (ii) motorized wheelchairs;
590 (iii) an electric personal assistive mobility device;
591 (iv) an electric assisted bicycle;
592 (v) a motor assisted scooter;
593 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
594 (vii) a mobile carrier, as defined in Section 41-6a-1120.
595 [
596 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
597 and designed to travel with not more than three wheels in contact with the ground; or
598 (b) an autocycle.
599 [
600 bicycle having:
601 (i) an engine with less than 150 cubic centimeters displacement; or
602 (ii) a motor that produces not more than five horsepower.
603 (b) "Motor-driven cycle" does not include:
604 (i) an electric personal assistive mobility device;
605 (ii) a motor assisted scooter; or
606 (iii) an electric assisted bicycle.
607 [
608 defined under Section 41-22-2.
609 [
610 41-22-2.
611 [
612 [
613 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
614 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
615 vehicle.
616 [
617 stock, or other device operated, alone or coupled with another device, on stationary rails.
618 [
619 is occupied or not.
620 (b) "Park" or "parking" does not include:
621 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
622 in loading or unloading property or passengers; or
623 (ii) a motor vehicle with an engaged automated driving system that has achieved a
624 minimal risk condition, as those terms are defined in Section 41-26-102.1.
625 [
626 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
627 traffic laws.
628 [
629 (a) on foot; or
630 (b) in a wheelchair.
631 [
632 regulate pedestrians.
633 [
634 corporation, business trust, estate, trust, partnership, limited liability company, association,
635 joint venture, governmental agency, public corporation, or any other legal or commercial entity.
636 [
637 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
638 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
639 (b) that is ordinarily used for transporting long or irregular shaped loads including
640 poles, pipes, or structural members generally capable of sustaining themselves as beams
641 between the supporting connections.
642 [
643 and used for vehicular travel by the owner and those having express or implied permission
644 from the owner, but not by other persons.
645 [
646 stationary rails.
647 [
648 authority of a public body or official or by a railroad and intended to give notice of the presence
649 of railroad tracks or the approach of a railroad train.
650 [
651 coupled with or operated without cars, and operated upon rails.
652 [
653 41-1a-102.
654 [
655 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
656 of direction, speed, and proximity that give rise to danger of collision unless one grants
657 precedence to the other.
658 [
659 ordinarily used for vehicular travel.
660 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
661 them are used by persons riding bicycles or other human-powered vehicles.
662 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
663 a highway includes two or more separate roadways.
664 [
665 for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
666 signs as to be plainly visible at all times while set apart as a safety zone.
667 [
668 (i) complies with the color and identification requirements of the most recent edition of
669 "Minimum Standards for School Buses"; and
670 (ii) is used to transport school children to or from school or school activities.
671 (b) "School bus" does not include a vehicle operated by a common carrier in
672 transportation of school children to or from school or school activities.
673 [
674 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
675 and
676 (ii) constructed so that some part of its weight and that of its load rests on or is carried
677 by another vehicle.
678 (b) "Semitrailer" does not include a pole trailer.
679 [
680 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
681 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
682 or
683 (b) that portion of the road contiguous to the roadway for accommodation of stopped
684 vehicles, for emergency use, and for lateral support.
685 [
686 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
687 [
688 that is designated for the use of a bicycle.
689 (b) "Soft-surface trail" does not mean a trail:
690 (i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
691 federal law, regulation, or rule; or
692 (ii) located in whole or in part on land granted to the state or a political subdivision
693 subject to a conservation easement that prohibits the use of a motorized vehicle.
694 [
695 does not depend on compressed air for the support of the load.
696 [
697 occupied or not, for the purpose of and while actually engaged in receiving or discharging
698 passengers.
699 [
700 [
701 of a vehicle, whether occupied or not, except when:
702 (a) necessary to avoid conflict with other traffic; or
703 (b) in compliance with the directions of a peace officer or traffic-control device.
704 [
705 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
706 the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
707 Section 41-6a-1509.
708 [
709 72-9-102.
710 [
711 72-9-102.
712 [
713 conveyances either singly or together while using any highway for the purpose of travel.
714 [
715 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
716 [
717 inconsistent with this chapter placed or erected by a highway authority for the purpose of
718 regulating, warning, or guiding traffic.
719 [
720 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
721 [
722 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
723 part of its weight rests upon the towing vehicle.
724 (b) "Trailer" does not include a pole trailer.
725 [
726 the transportation of property.
727 [
728 (a) designed and used primarily for drawing other vehicles; and
729 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
730 tractor.
731 [
732 (a) provided for vehicle operators making left turns in either direction;
733 (b) that is not used for passing, overtaking, or through travel; and
734 (c) that has been indicated by a lane traffic-control device that may include lane
735 markings.
736 [
737 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
738 less than 100 feet, for a distance of a quarter of a mile or more.
739 [
740 be transported or drawn on a highway, except a mobile carrier, as defined in Section
741 41-6a-1120, or a device used exclusively on stationary rails or tracks.
742 Section 4. Section 41-6a-1626 is amended to read:
743 41-6a-1626. Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
744 control devices.
745 (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
746 unusual noise.
747 (b) A motor vehicle shall be equipped with a muffler or other effective noise
748 suppressing system in good working order and in constant operation.
749 (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
750 (2) (a) [
751
752 motor vehicle may not emit visible contaminants during operation[
753 (i) the engine of the motor vehicle is being warmed to the recommended operating
754 temperature; or
755 (ii) the motor vehicle is exempt from an emissions inspection under Section
756 41-6a-1642 or 41-6a-1644.
757 (b) (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the
758 vehicle's maximum tow weight.
759 (ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible
760 contaminants during operation:
761 (A) except while the engine is being warmed to the recommended operating
762 temperature or under a heavy tow; or
763 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
764 rating in excess of 26,000 pounds.
765 (iii) A diesel engine manufactured before January 1, 2008, may not emit visible
766 contaminants of a shade or density that obscures a contrasting background by more than 20%,
767 for more than five consecutive seconds:
768 (A) except while the engine is being warmed to the recommended operating
769 temperature or under a heavy tow; or
770 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
771 rating in excess of 26,000 pounds.
772 (c) A person who violates the provisions of Subsection (2)(a) is guilty of an infraction
773 and shall be fined:
774 (i) not less than $50 for a violation; or
775 (ii) not less than $100 for a second or subsequent violation within three years of a
776 previous violation of this section.
777 (d) A person who violates the provisions of Subsection (2)(b) is guilty of an infraction
778 and shall be fined:
779 (i) not less than $100 for a violation; or
780 (ii) not less than $500 for a second or subsequent violation within three years of a
781 previous violation of this section.
782 (e) (i) As used in this section:
783 (A) "Local health department" means the same as that term is defined in Section
784 26A-1-102.
785 (B) "Nonattainment area" means a part of the state where air quality is determined to
786 exceed the National Ambient Air Quality Standards, as defined in the Clean Air Act
787 Amendments of 1970, Pub. L. No. 91-604, Sec. 109, for fine particulate matter (PM 2.5).
788 (ii) Within a nonattainment area, for a second or subsequent violation of Subsection
789 (2)(a) or (2)(b), the court shall report the violations to the local health department at a regular
790 interval.
791 (iii) If the local health department receives a notification as described in Subsection
792 (2)(e)(ii), and the local health department determines that the registered vehicle is unable to
793 meet state or local air emission standards, the local health department shall send notification to
794 the Motor Vehicle Division.
795 (3) (a) If a motor vehicle is equipped by a manufacturer with air pollution control
796 devices, the devices shall be maintained in good working order and in constant operation.
797 (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
798 may be substituted for the manufacturer's original device if the substituted device is at least as
799 effective in the reduction of emissions from the vehicle motor as the air pollution control
800 device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
801 class.
802 (c) A person who renders inoperable an air pollution control device on a motor vehicle
803 is guilty of an infraction.
804 (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
805 fuel, as defined under Section 59-13-102, when the emissions from the modified or altered
806 motor vehicle are at levels that comply with existing state or federal standards for the emission
807 of pollutants from a motor vehicle of the same class.
808 (5) A violation of Subsection (1), (2), or (3) is an infraction.
809 Section 5. Section 41-22-2 is amended to read:
810 41-22-2. Definitions.
811 As used in this chapter:
812 (1) "Advisory council" means an advisory council appointed by the Division of
813 Outdoor Recreation that has within the advisory council's duties advising on policies related to
814 the use of off-highway vehicles.
815 (2) "All-terrain type I vehicle" means any motor vehicle 52 inches or less in width,
816 having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure
817 tires, having a seat designed to be straddled by the operator, and designed for or capable of
818 travel over unimproved terrain.
819 (3) (a) "All-terrain type II vehicle" means any motor vehicle 80 inches or less in width,
820 traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a
821 rollover protection system, and designed for or capable of travel over unimproved terrain, and
822 is:
823 (i) an electric-powered vehicle; or
824 (ii) a vehicle powered by an internal combustion engine and has an unladen dry weight
825 of 3,500 pounds or less.
826 (b) "All-terrain type II vehicle" does not include golf carts, any vehicle designed to
827 carry a person with a disability, any vehicle not specifically designed or modified primarily for
828 recreational use on unimproved terrain, or farm tractors as defined under Section 41-1a-102.
829 (4) (a) "All-terrain type III vehicle" means any other motor vehicle, not defined in
830 Subsection (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain.
831 (b) "All-terrain type III vehicle" does not include golf carts, any vehicle designed to
832 carry a person with a disability, any vehicle not specifically designed or modified primarily for
833 recreational use on unimproved terrain, or farm tractors as defined under Section 41-1a-102.
834 (5) "Commission" means the Outdoor Adventure Commission.
835 (6) "Cross-country" means across natural terrain and off an existing highway, road,
836 route, or trail.
837 (7) "Dealer" means a person engaged in the business of selling off-highway vehicles at
838 wholesale or retail.
839 (8) "Division" means the Division of Outdoor Recreation.
840 (9) "Low pressure tire" means any pneumatic tire six inches or more in width designed
841 for use on wheels with rim diameter of 14 inches or less and utilizing an operating pressure of
842 10 pounds per square inch or less as recommended by the vehicle manufacturer.
843 (10) "Manufacturer" means a person engaged in the business of manufacturing
844 off-highway vehicles.
845 (11) (a) "Motor vehicle" means every vehicle which is self-propelled.
846 (b) "Motor vehicle" includes an off-highway vehicle.
847 (12) "Motorcycle" means every motor vehicle having a saddle for the use of the
848 operator and designed to travel on not more than two tires.
849 (13) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
850 all-terrain type II vehicle, all-terrain type III vehicle, motorcycle, or snowmobile that is used by
851 the owner or the owner's agent for agricultural operations.
852 (14) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle,
853 all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle.
854 (15) "Operate" means to control the movement of or otherwise use an off-highway
855 vehicle.
856 (16) "Operator" means the person who is in actual physical control of an off-highway
857 vehicle.
858 (17) "Organized user group" means an off-highway vehicle organization incorporated
859 as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit
860 Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation.
861 (18) "Owner" means a person, other than a person with a security interest, having a
862 property interest or title to an off-highway vehicle and entitled to the use and possession of that
863 vehicle.
864 (19) "Public land" means land owned or administered by any federal or state agency or
865 any political subdivision of the state.
866 (20) "Register" means the act of assigning a registration number to an off-highway
867 vehicle.
868 (21) "Roadway" is used as defined in Section 41-6a-102.
869 (22) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
870 steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
871 (23) "Street or highway" means the entire width between boundary lines of every way
872 or place of whatever nature, when any part of it is open to the use of the public for vehicular
873 travel.
874 (24) "Street-legal all-terrain vehicle" or "street-legal ATV" has the same meaning as
875 defined in Section 41-6a-102.
876 Section 6. Effective date.
877 This bill takes effect on November 1, 2024.