Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

Bill

Safety Inspection Amendments
Number
H.B. 265 Third Substitute (2017GS)
Sponsor
Rep. McCay, D.
Final action
Governor Signed 3/25/2017
Outcome
Became law — signed by Gov. Gary R. Herbert

Summary

This bill modifies provisions relating to motor vehicle safety equipment and inspection programs and increases motor vehicle registration fees.

What it does

  • This bill:
  • repeals the requirement that certain vehicles obtain a safety inspection certificate in order to be registered and to operate on a highway;
  • repeals a provision making a seat belt violation a secondary offense;
  • increases registration fees for certain vehicles;
  • creates the Motor Vehicle Safety Impact Restricted Account and allows expenditure of the funds by the Utah Highway Patrol to:
  • hire new Highway Patrol troopers;
  • pay overtime for Highway Patrol troopers; and
  • acquire equipment to improve motor vehicle safety impacts and enforcement; and
  • makes technical changes.

Every vote on this bill

2/10/2017House Comm - Favorable Recommendation
House Transportation Committee
9 3 0not eligible / no record
2/16/2017House/ floor amendment # 1
House Special Orders Calendar
Voice votenot eligible / no record
2/16/2017House/ passed 3rd reading
Senate Secretary
45 29 1YEA
2/22/2017Senate Comm - Favorable Recommendation
Senate Revenue and Taxation Committee
7 1 0not eligible / no record
3/2/2017Senate/ circled
Senate Special Orders Calendar
Voice votenot eligible / no record
3/7/2017Senate/ uncircled
Senate 2nd Reading Calendar
Voice votenot eligible / no record
3/7/2017Senate/ circled
Senate 2nd Reading Calendar
Voice votenot eligible / no record
3/8/2017Senate/ uncircled
Senate 2nd Reading Calendar
Voice votenot eligible / no record
3/8/2017Senate/ substituted from # 0 to # 3
Senate 2nd Reading Calendar
Voice votenot eligible / no record
3/8/2017Senate/ passed 2nd reading
Senate 3rd Reading Calendar
21 8 0not eligible / no record
3/8/2017Senate/ passed 3rd reading
Clerk of the House
19 6 4not eligible / no record
3/9/2017House/ concurs with Senate amendment
Senate President
54 17 4YEA

Bill text

enrolled version · official source
SAFETY INSPECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
Senate Sponsor: 
Deidre M. Henderson
Cosponsors:
Walt Brooks
Kay J. Christofferson
Kim F. Coleman
Steve Eliason
Justin L. Fawson
Timothy D. Hawkes
Michael S. Kennedy
John Knotwell
Jefferson Moss
Val L. Peterson
Paul Ray
Mike Schultz
LONG TITLE
General Description:
This bill modifies provisions relating to motor vehicle safety equipment and inspection
programs and increases motor vehicle registration fees.
Highlighted Provisions:
This bill:
▸ repeals the requirement that certain vehicles obtain a safety inspection certificate in
order to be registered and to operate on a highway;
▸ repeals a provision making a seat belt violation a secondary offense;
▸ increases registration fees for certain vehicles;
▸ creates the Motor Vehicle Safety Impact Restricted Account and allows expenditure
of the funds by the Utah Highway Patrol to:
• hire new Highway Patrol troopers;
• pay overtime for Highway Patrol troopers; and
• acquire equipment to improve motor vehicle safety impacts and enforcement;
and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates for the fiscal year beginning July 1, 2017, and ending June 30,
2018:
▸ to the Department of Public Safety -- Programs and Operations as a one-time
appropriation:
• from the General Fund;
• from the Department of Public Safety Restricted Account;
▸ to the Department of Public Safety -- Programs and Operations as an ongoing
appropriation:
• from the General Fund;
• from the Department of Public Safety Restricted Account.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
13-51-107
, as enacted by Laws of Utah 2015, Chapter 461
41-1a-203
, as last amended by Laws of Utah 2010, Chapter 295
41-1a-205
, as last amended by Laws of Utah 2015, Chapter 412
41-1a-217
, as last amended by Laws of Utah 2005, Chapter 2
41-1a-226
, as last amended by Laws of Utah 2015, Chapter 400
41-1a-1201
, as last amended by Laws of Utah 2012, Chapters 207, 356, 397 and last
amended by Coordination Clause, Laws of Utah 2012, Chapter 397
41-1a-1206
, as last amended by Laws of Utah 2016, Chapter 303
41-3-303
, as last amended by Laws of Utah 2013, Chapter 207
41-6a-1508
, as last amended by Laws of Utah 2015, Chapter 412
41-6a-1509
, as last amended by Laws of Utah 2015, Chapters 412 and 454
41-6a-1642
, as last amended by Laws of Utah 2015, Chapter 258
41-6a-1803
, as last amended by Laws of Utah 2015, Chapter 59
41-6a-1805
, as last amended by Laws of Utah 2015, Chapter 59
53-8-205
, as last amended by Laws of Utah 2015, Chapter 412
53-8-206
, as last amended by Laws of Utah 2015, Chapter 429
ENACTS:
53-8-214
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-51-107
 is amended to read:
13-51-107.
Driver requirements.
(1) Before a transportation network company allows an individual to use the
transportation network company's software application as a transportation network driver, the
transportation network company shall:
(a) require the individual to submit to the transportation network company:
(i) the individual's name, address, and age;
(ii) a copy of the individual's driver license, including the driver license number; and
(iii) proof that the vehicle that the individual will use to provide transportation network
services is registered with the Division of Motor Vehicles;
(b) require the individual to consent to a criminal background check of the individual
by the transportation network company or the transportation network company's designee; and
(c) obtain and review a report that lists the individual's driving history.
(2) A transportation company may not allow an individual to provide transportation
network services as a transportation network driver if the individual:
(a) has committed more than three moving violations in the three years before the day
on which the individual applies to become a transportation network driver;
(b) has been convicted, in the seven years before the day on which the individual
applies to become a transportation network driver, of:
(i) driving under the influence of alcohol or drugs;
(ii) fraud;
(iii) a sexual offense;
(iv) a felony involving a motor vehicle;
(v) a crime involving property damage;
(vi) a crime involving theft;
(vii) a crime of violence; or
(viii) an act of terror;
(c) is required to register as a sex offender in accordance with Title 77, Chapter 41, Sex
and Kidnap Offender Registry;
(d) does not have a valid Utah driver license; or
(e) is not at least 19 years of age.
(3) A transportation network company shall prohibit a transportation network driver
from accepting a request for a prearranged ride if the motor vehicle that the transportation
network driver uses to provide transportation network services fails to comply with:
[
(a) safety and inspection requirements described in Section 
53-8-205
;
]
[
(b)
] 
(a)
 equipment standards described in Section 
41-6a-1601
; and
[
(c)
] 
(b)
 emission requirements adopted by a county under Section 
41-6a-1642
.
(4) A transportation network driver, while providing transportation network services,
shall carry proof, in physical or electronic form, that the transportation network driver is
covered by insurance that satisfies the requirements of Section 
13-51-108
.
Section 2. Section 
41-1a-203
 is amended to read:
41-1a-203.
Prerequisites for registration, transfer of ownership, or registration
renewal.
(1) Except as otherwise provided, [
prior to
] 
before
 registration of a vehicle, an owner
shall:
(a) obtain an identification number inspection under Section 
41-1a-204
;
[
(b) obtain a safety inspection certificate, if required in the current year, as provided
under Sections 
41-1a-205
 and 
53-8-205
;
]
[
(c)
] 
(b)
 obtain a certificate of emissions inspection, if required in the current year, as
provided under Section 
41-6a-1642
;
[
(d)
] 
(c)
 pay property taxes, the in lieu fee, or receive a property tax clearance under
Section 
41-1a-206
 or 
41-1a-207
;
[
(e)
] 
(d)
 pay the automobile driver education tax required by Section 
41-1a-208
;
[
(f)
] 
(e)
 pay the applicable registration fee under Part 12, Fee and Tax Requirements;
[
(g)
] 
(f)
 pay the uninsured motorist identification fee under Section 
41-1a-1218
, if
applicable;
[
(h)
] 
(g)
 pay the motor carrier fee under Section 
41-1a-1219
, if applicable;
[
(i)
] 
(h)
 pay any applicable local emissions compliance fee under Section 
41-1a-1223
;
and
[
(j)
] 
(i)
 pay the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act.
(2) In addition to the requirements in Subsection (1), an owner [
whose
] 
of a
 vehicle
that
 has not been previously registered or that is currently registered under a previous owner's
name shall [
also
] apply for a valid certificate of title in the owner's name [
prior to
] 
before
registration.
(3) [
A
] 
The division may not issue a
 new registration, transfer of ownership, or
registration renewal under Section 
73-18-7
 [
may not be issued
] for a vessel or outboard motor
that is subject to [
the title provisions of
] this chapter unless a certificate of title has been or is in
the process of being issued in the same owner's name.
(4) [
A
] 
The division may not issue a
 new registration, transfer of ownership, or
registration renewal under Section 
41-22-3
 [
may not be issued
] for an off-highway vehicle that
is subject to [
the titling provisions of
] this chapter unless a certificate of title has been or is in
the process of being issued in the same owner's name.
Section 3. Section 
41-1a-205
 is amended to read:
41-1a-205.
Safety inspection certificate required for commercial motor vehicles
and initial registration of street-legal ATVs and salvage vehicles.
[
(1) If required in the current year, a safety inspection certificate, as required by Section
53-8-205
, or proof of exemption from safety inspection shall be presented at the time of, and as
a condition of, registration or renewal of registration of a motor vehicle.
]
[
(2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
required under this section may be made no more than two months prior to the renewal of
registration.
]
[
(b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
certificate issued for the motor vehicle during the previous 11 months may be used to satisfy
the requirement under Subsection (1).
]
[
(ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
dealer's name during the previous 11 months may be used to satisfy the requirement under
Subsection (1).
]
[
(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
safety inspection certificate issued during the previous 11 months may be used to satisfy the
requirement under Subsection (1).
]
[
(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
required under this section may be made no more than 11 months prior to the renewal of
registration.
]
[
(e) If the application for renewal of registration is for a six-month registration period
under Section 
41-1a-215.5
, a safety inspection certificate issued during the previous eight
months may be used to satisfy the requirement under Subsection (1).
]
[
(3) (a) The following motor vehicles are exempt from this section:
]
[
(i) except as provided in Subsection (3)(b), a new motor vehicle when registered the
first time, if:
]
[
(A) a new car predelivery inspection has been made by a dealer;
]
[
(B) the dealer provides a written disclosure statement listing any known deficiency,
existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
to fail a safety inspection given in accordance with Section 
53-8-205
; and
]
[
(C) the buyer signs the disclosure statement to acknowledge that the buyer has read
and understands the listed deficiencies;
]
[
(ii) a motor vehicle required to be registered under this chapter that bears a dealer
plate or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates,
except that if the motor vehicle is propelled by its own power and is not being moved for repair
or dismantling, the motor vehicle shall comply with Section 
41-6a-1601
 regarding safe
mechanical condition; and
]
[
(iii) a vintage vehicle as defined in Section 
41-21-1
.
]
[
(b)
] 
(1)
 A street-legal all-terrain vehicle registered in accordance with Section
41-6a-1509
 is subject to a safety inspection[
: (i)
] the first time that a person registers an
off-highway vehicle as a street-legal all-terrain vehicle[
; and
]
.
[
(ii) subsequently, on the same frequency as described in Subsection 
53-8-205
(2) based
on the age of the vehicle as determined by the model year identified by the manufacturer.
]
(2) A salvage vehicle as defined in Section 41-1a-1001 is subject to a safety inspection
when the owner makes the initial application to register the vehicle as a salvage vehicle.
[
(4) (a)
] 
(3)
 A safety inspection certificate shall be displayed on:
[
(i)
] 
(a)
 all registered commercial [
motor
] vehicles [
with a gross vehicle weight rating
of 26,000 pounds or more
] 
as defined in Section 
72-9-102
;
[
(ii)
] 
(b)
 a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer
with multiple axles;
[
(iii)
] 
(c)
 a combination unit; [
and
]
[
(iv)
] 
(d)
 a bus or van for hire[
.
]
;
(e) a taxicab; and
(f) a motor vehicle operated by a ground transportation service provider as defined in
Section 
72-10-601
.
[
(b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
Subsection (1).
]
[
(5) A motor vehicle may be sold and the title assigned to the new owner without a
valid safety inspection, but the motor vehicle may not be registered in the new owner's name
until the motor vehicle complies with this section.
]
[
(6)
] 
(4)
 A violation of this section is an infraction.
Section 4. Section 
41-1a-217
 is amended to read:
41-1a-217.
Application for renewal of registration.
(1) [
Renewal of
] 
An applicant may renew
 a vehicle registration [
shall be made by the
owner upon
] 
by:
(a) filing an
 application 
for registration renewal;
 and [
by payment of
]
(b) paying
 the fees or taxes required under Subsection 
41-1a-203
(1).
(2) The 
applicant shall ensure that the
 application for registration renewal and 
the
payment for
 applicable fees or taxes [
shall be
] 
is
 accompanied by a[
: (a) safety inspection
certificate as required under Section 
41-1a-205
; and (b)
] certificate of emissions inspection [
as
]
if
 required under Section 
41-6a-1642
.
(3) The 
division shall issue a
 new registration card [
issued shall show
] 
that contains
:
(a) the identical information with respect to the owner and the vehicle description
required by Section 
41-1a-213
; and
(b) the new expiration date.
Section 5. Section 
41-1a-226
 is amended to read:
41-1a-226.
Vintage vehicle -- Signed statement -- Registration.
(1) The owner of a vintage vehicle who applies for registration under this part shall
provide a signed statement that the vintage vehicle:
(a) is owned and operated for the purposes described in Section 
41-21-1
; and
(b) is safe to operate on the highways of this state as described in Section 
41-21-4
.
(2) The signed statement described in Subsection (1) is in lieu of[
: (a) a safety
inspection, from which a vintage vehicle is exempt under Subsection 
41-1a-205
(3); and (b)
] an
emissions inspection, from which a vintage vehicle is exempt under Subsection 
41-6a-1642
(3).
Section 6. Section 
41-1a-1201
 is amended to read:
41-1a-1201.
Disposition of fees.
(1) All fees received and collected under this part shall be transmitted daily to the state
treasurer.
(2) Except as provided in Subsections (3), (6), [
and
] (7)
, and (8)
 and Sections
41-1a-422
, 
41-1a-1220
, 
41-1a-1221
, and 
41-1a-1223
 all fees collected under this part shall be
deposited in the Transportation Fund.
(3) Funds generated under Subsections 
41-1a-1211
(1)(b)(ii), (6)(b)(ii), and (7) and
Section 
41-1a-1212
 may be used by the commission to cover the costs incurred in issuing
license plates under Part 4, License Plates and Registration Indicia.
(4) In accordance with Section 
63J-1-602.2
, all funds available to the commission for
the purchase and distribution of license plates and decals are nonlapsing.
(5) (a) Except as provided in Subsections (3) and (5)(b) and Section 
41-1a-1205
, the
expenses of the commission in enforcing and administering this part shall be provided for by
legislative appropriation from the revenues of the Transportation Fund.
(b) Three dollars of the registration fees imposed under Subsections 
41-1a-1206
(2)(a)
and (b) for each vehicle registered for a six-month registration period under Section
41-1a-215.5
 may be used by the commission to cover the costs incurred in enforcing and
administering this part.
(6) (a) The following portions of the registration fees imposed under Section
41-1a-1206
 for each vehicle shall be deposited in the Transportation Investment Fund of 2005
created under Section 
72-2-124
:
(i) $30 of the registration fees imposed under Subsections 
41-1a-1206
(1)(a), (1)(b),
(1)(f), (3), and (6);
(ii) $21 of the registration fees imposed under Subsections 
41-1a-1206
(1)(c)(i) and
(1)(c)(ii);
(iii) $2.50 of the registration fee imposed under Subsection 
41-1a-1206
(1)(e)(ii);
(iv) $23 of the registration fee imposed under Subsection 
41-1a-1206
(1)(d)(i);
(v) $24.50 of the registration fee imposed under Subsection 
41-1a-1206
(1)(e)(i); and
(vi) $1 of the registration fee imposed under Subsection 
41-1a-1206
(1)(d)(ii).
(b) The following portions of the registration fees collected for each vehicle registered
for a six-month registration period under Section 
41-1a-215.5
 shall be deposited in the
Transportation Investment Fund of 2005 created by Section 
72-2-124
:
(i) $23.25 of each registration fee collected under Subsection 
41-1a-1206
(2)(a); and
(ii) $23 of each registration fee collected under Subsection 
41-1a-1206
(2)(b).
(7) (a) Ninety-four cents of each registration fee imposed under Subsections
41-1a-1206
(1)(a) and (b) for each vehicle shall be deposited in the Public Safety Restricted
Account created in Section 
53-3-106
.
(b) Seventy-one cents of each registration fee imposed under Subsections
41-1a-1206
(2)(a) and (b) for each vehicle registered for a six-month registration period under
Section 
41-1a-215.5
 shall be deposited in the Public Safety Restricted Account created in
Section 
53-3-106
.
(8) (a) One dollar of each registration fee imposed under Subsections 
41-1a-1206
(1)(a)
and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
Account created in Section 
53-3-214
.
(b) One dollar of each registration fee imposed under Subsections 
41-1a-1206
(2)(a)
and (b) for each vehicle registered for a six-month registration period under Section
41-1a-215.5
 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
created in Section 
53-3-214
.
Section 7. Section 
41-1a-1206
 is amended to read:
41-1a-1206.
Registration fees -- Fees by gross laden weight.
(1) Except as provided in Subsections (2) and (3), at the time application is made for
registration or renewal of registration of a vehicle or combination of vehicles under this
chapter, a registration fee shall be paid to the division as follows:
(a) [
$44.50
] 
$45.50
 for each motorcycle;
(b) [
$43
] 
$44
 for each motor vehicle of 12,000 pounds or less gross laden weight,
excluding motorcycles;
(c) unless the semitrailer or trailer is exempt from registration under Section 
41-1a-202
or is registered under Section 
41-1a-301
:
(i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
(ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
gross unladen weight;
(d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
gross laden weight; plus
(ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
(e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
(ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
(f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
exceeding 14,000 pounds gross laden weight; plus
(ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
(g) $45 for each vintage vehicle that is less than 40 years old.
(2) At the time application is made for registration or renewal of registration of a
vehicle under this chapter for a six-month registration period under Section 
41-1a-215.5
, a
registration fee shall be paid to the division as follows:
(a) [
$33.50
] 
$34.50
 for each motorcycle; and
(b) [
$32.50
] 
$33.50
 for each motor vehicle of 12,000 pounds or less gross laden
weight, excluding motorcycles.
(3) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
$40.
(b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
registration fees under Subsection (1).
(c) A vehicle with a Purple Heart special group license plate issued in accordance with
Section 
41-1a-421
 is exempt from the registration fees under Subsection (1).
(d) A camper is exempt from the registration fees under Subsection (1).
(4) If a motor vehicle is operated in combination with a semitrailer or trailer, each
motor vehicle shall register for the total gross laden weight of all units of the combination if the
total gross laden weight of the combination exceeds 12,000 pounds.
(5) (a) Registration fee categories under this section are based on the gross laden
weight declared in the licensee's application for registration.
(b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
of 2,000 pounds is a full unit.
(6) The owner of a commercial trailer or commercial semitrailer may, as an alternative
to registering under Subsection (1)(c), apply for and obtain a special registration and license
plate for a fee of $130.
(7) Except as provided in Section 
41-6a-1642
, a truck may not be registered as a farm
truck unless:
(a) the truck meets the definition of a farm truck under Section 
41-1a-102
; and
(b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
(ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
submits to the division a certificate of emissions inspection or a waiver in compliance with
Section 
41-6a-1642
.
(8) A violation of Subsection (7) is an infraction that shall be punished by a fine of not
less than $200.
(9) Trucks used exclusively to pump cement, bore wells, or perform crane services
with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
required for those vehicles under this section.
Section 8. Section 
41-3-303
 is amended to read:
41-3-303.
Temporary permits -- Inspections required before issuance.
(1) [
A
] 
Except as provided in Subsections (2) and (3), a
 dealer licensed in accordance
with this chapter may not issue a temporary permit 
for a motor vehicle
 under Section 
41-3-302
unless[
: (a) (i) the motor vehicle for which the temporary permit is issued has received and
passed the safety inspection if required in the current year under Section 
53-8-205
 within the
previous 11 months; (ii) the safety inspection certificate was issued in the name of a licensed
and bonded dealer; and (iii) a copy of the safety inspection certificate is given to the customer;
and (b)
] the motor vehicle passed [
the emission
] 
an emissions
 inspection test 
if
 required by
Section 
41-6a-1642
.
[
(2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without
a safety inspection certificate if the motor vehicle complies with the safety inspection as
provided in Section 
41-1a-205
.
]
[
(3) Notwithstanding Subsection (1)(b), a
]
(2) A
 dealer may issue a temporary permit without proof of an [
emission
] 
emissions
inspection if:
(a) the motor vehicle is exempt from [
emission
] 
an emissions
 inspection [
as provided
in
] 
under
 Section 
41-6a-1642
;
(b) the purchaser is a resident of a county that does not require [
emission
] 
emissions
inspections; or
(c) the motor vehicle is otherwise exempt from [
emission
] 
emissions
 inspections.
[
(4) Notwithstanding Subsection (1), a
]
(3) A
 dealer may sell a motor vehicle as is without [
having it safety or emission
inspected provided that no
] 
an emissions inspection if the dealer does not issue a
 temporary
permit [
is issued
].
Section 9. Section 
41-6a-1508
 is amended to read:
41-6a-1508.
Low-speed vehicle.
(1) Except as otherwise provided in this section, a low-speed vehicle is considered a
motor vehicle for purposes of the Utah Code including requirements for:
(a) traffic rules under Title 41, Chapter 6a, Traffic Code;
(b) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
(c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
Motor Vehicle Owners and Operators Act;
(d) vehicle registration, titling, vehicle identification numbers, license plates, and
registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
(e) vehicle taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act, and
fee in lieu of property taxes or in lieu fees under Section 
59-2-405
;
(f) motor vehicle dealer licensing under Title 41, Chapter 3, Motor Vehicle Business
Regulation Act; 
and
[
(g) motor vehicle safety inspection requirements under Section 
53-8-205
; and
]
[
(h)
] 
(g)
 safety belt requirements under [
Title 41, Chapter 6a,
] Part 18, Motor Vehicle
Safety Belt Usage Act.
(2) (a) [
A
] 
The owner of a
 low-speed vehicle shall [
comply
] 
ensure that the low-speed
vehicle:
(i) complies
 with federal safety standards established in 49 C.F.R. 571.500
;
 and [
shall
be
]
(ii) is
 equipped with:
[
(i)
] 
(A)
 headlamps;
[
(ii)
] 
(B)
 front and rear turn signals, tail lamps, and stop lamps;
[
(iii)
] 
(C)
 turn signal lamps;
[
(iv)
] 
(D)
 reflex reflectors one on the rear of the vehicle and one on the left and right
side and as far to the rear of the vehicle as practical;
[
(v)
] 
(E)
 a parking brake;
[
(vi)
] 
(F)
 a windshield that meets the standards under Section 
41-6a-1635
, including a
device for cleaning rain, snow, or other moisture from the windshield; and
[
(vii)
] 
(G)
 an exterior rearview mirror on the driver's side and either an interior
rearview mirror or an exterior rearview mirror on the passenger side.
(b) A low-speed vehicle that complies with this Subsection (2) and Subsection (3) and
that is not altered from the manufacturer is considered to comply with equipment requirements
under Part 16, Vehicle Equipment.
(3) A person may not operate a low-speed vehicle that has been structurally altered
from the original manufacturer's design.
(4) A low-speed vehicle is exempt from a motor vehicle emissions inspection and
maintenance program requirements under Section 
41-6a-1642
.
(5) (a) Except to cross a highway at an intersection, a low-speed vehicle may not be
operated on a highway with a posted speed limit of more than 35 miles per hour.
(b) In addition to the restrictions under Subsection (5)(a), a highway authority, may
prohibit or restrict the operation of a low-speed vehicle on any highway under its jurisdiction, if
the highway authority determines the prohibition or restriction is necessary for public safety.
(6) A person may not operate a low-speed vehicle on a highway without displaying on
the rear of the low-speed vehicle, a slow-moving vehicle identification emblem that complies
with the Society of Automotive Engineers standard SAE J943.
(7) A person who violates Subsection (2), (3), (5), or (6) is guilty of an infraction.
Section 10. Section 
41-6a-1509
 is amended to read:
41-6a-1509.
Street-legal all-terrain vehicle -- Operation on highways --
Registration and licensing requirements -- Equipment requirements.
(1) (a) Except as provided in Subsection (1)(b), an all-terrain type I vehicle, utility type
vehicle, or full-sized all-terrain vehicle that meets the requirements of this section may be
operated as a street-legal ATV on a street or highway unless the highway is an interstate
freeway as defined in Section 
41-6a-102
.
(b) Unless a street or highway is designated as open for street-legal ATV use by the
controlling highway authority in accordance with Section 
41-22-10.5
, a person may not operate
a street-legal ATV on a street or highway in accordance with Subsection (1)(a) if the highway
is under the jurisdiction of:
(i) a county of the first class; or
(ii) a municipality that is within a county of the first class.
(2) A street-legal ATV shall comply with 
Subsection 
41-1a-205
(1), Subsection
53-8-205
(1)(b), and
 the same requirements as:
(a) a motorcycle for:
(i) traffic rules under Title 41, Chapter 6a, Traffic Code;
(ii) registration, titling, odometer statement, vehicle identification, license plates, and
registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
(iii) fees in lieu of property taxes or in lieu of fees under Section 
59-2-405.2
; and
(iv) the county motor vehicle emissions inspection and maintenance programs under
Section 
41-6a-1642
;
(b) a motor vehicle for:
(i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; 
and
(ii) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
Motor Vehicle Owners and Operators Act; and
[
(iii) safety inspection requirements under Title 53, Chapter 8, Part 2, Motor Vehicle
Safety Inspection Act, except that a street-legal ATV shall be subject to a safety inspection: (A)
when registered for the first time; and
]
[
(B) subsequently, on the same frequency as described in Subsection 
53-8-205
(2)
based on the age of the vehicle as determined by the model year identified by the manufacturer;
and
]
(c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under Title
41, Chapter 22, Off-Highway Vehicles, and Title 41, Chapter 3, Motor Vehicle Business
Regulation Act, unless otherwise specified in this section.
(3) (a) [
An
] 
The owner of an
 all-terrain type I vehicle [
and
] 
or
 a utility type vehicle
being operated as a street-legal ATV shall [
be
] 
ensure that the vehicle is
 equipped with:
(i) one or more headlamps that meet the requirements of Section 
41-6a-1603
;
(ii) one or more tail lamps;
(iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
with a white light;
(iv) one or more red reflectors on the rear;
(v) one or more stop lamps on the rear;
(vi) amber or red electric turn signals, one on each side of the front and rear;
(vii) a braking system, other than a parking brake, that meets the requirements of
Section 
41-6a-1623
;
(viii) a horn or other warning device that meets the requirements of Section
41-6a-1625
;
(ix) a muffler and emission control system that meets the requirements of Section
41-6a-1626
;
(x) rearview mirrors on the right and left side of the driver in accordance with Section
41-6a-1627
;
(xi) a windshield, unless the operator wears eye protection while operating the vehicle;
(xii) a speedometer, illuminated for nighttime operation;
(xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
seat designed for passengers, including a footrest and handhold for each passenger;
(xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
(xv) tires that:
(A) are not larger than the tires that the all-terrain vehicle manufacturer made available
for the all-terrain vehicle model; and
(B) have at least 2/32 inches or greater tire tread.
(b) [
A
] 
The owner of a
 full-sized all-terrain vehicle being operated as a street-legal
all-terrain vehicle shall [
be
] 
ensure that the vehicle is
 equipped with:
(i) two headlamps that meet the requirements of Section 
41-6a-1603
;
(ii) two tail lamps;
(iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
with a white light;
(iv) one or more red reflectors on the rear;
(v) two stop lamps on the rear;
(vi) amber or red electric turn signals, one on each side of the front and rear;
(vii) a braking system, other than a parking brake, that meets the requirements of
Section 
41-6a-1623
;
(viii) a horn or other warning device that meets the requirements of Section
41-6a-1625
;
(ix) a muffler and emission control system that meets the requirements of Section
41-6a-1626
;
(x) rearview mirrors on the right and left side of the driver in accordance with Section
41-6a-1627
;
(xi) a windshield, unless the operator wears eye protection while operating the vehicle;
(xii) a speedometer, illuminated for nighttime operation;
(xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
seat designed for passengers, including a footrest and handhold for each passenger;
(xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
(xv) tires that:
(A) do not exceed 44 inches in height; and
(B) have at least 2/32 inches or greater tire tread.
(c) [
A
] 
The owner of a
 street-legal all-terrain vehicle is not required to [
be equipped
]
equip the vehicle
 with wheel covers, mudguards, flaps, or splash aprons.
(4) (a) Subject to the [
requirement in
] 
requirements of
 Subsection (4)(b), an operator of
a street-legal all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway,
may not exceed the lesser of:
(i) the posted speed limit; or
(ii) 50 miles per hour.
(b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
all-terrain vehicle on a highway with a posted speed limit higher than 50 miles per hour, shall:
(i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
roadway; and
(ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the front
and back of both sides of the vehicle.
(5) (a) A nonresident operator of an off-highway vehicle that is authorized to be
operated on the highways of another state has the same rights and privileges as a street-legal
ATV that is granted operating privileges on the highways of this state, subject to the
restrictions under this section and rules made by the Board of Parks and Recreation, if the other
state offers reciprocal operating privileges to Utah residents.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Board of Parks and Recreation shall establish eligibility requirements for reciprocal operating
privileges for nonresident users granted under Subsection (5)(a).
(6) Nothing in this chapter [
shall restrict the operation of
] 
restricts the owner of
 an
off-highway vehicle 
from operating the off-highway vehicle
 in accordance with Section
41-22-10.5
.
(7) A violation of this section is an infraction.
Section 11. Section 
41-6a-1642
 is amended to read:
41-6a-1642.
Emissions inspection -- County program.
(1) The legislative body of each county required under federal law to utilize a motor
vehicle emissions inspection and maintenance program or in which an emissions inspection
and maintenance program is necessary to attain or maintain any national ambient air quality
standard shall require:
(a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
is exempt from emissions inspection and maintenance program requirements be presented:
(i) as a condition of registration or renewal of registration; and
(ii) at other times as the county legislative body may require to enforce inspection
requirements for individual motor vehicles, except that the county legislative body may not
routinely require a certificate of emission inspection, or waiver of the certificate, more often
than required under Subsection (6); and
(b) compliance with this section for a motor vehicle registered or principally operated
in the county and owned by or being used by a department, division, instrumentality, agency, or
employee of:
(i) the federal government;
(ii) the state and any of its agencies; or
(iii) a political subdivision of the state, including school districts.
(2) (a) The legislative body of a county identified in Subsection (1), in consultation
with the Air Quality Board created under Section 
19-1-106
, shall make regulations or
ordinances regarding:
(i) emissions standards;
(ii) test procedures;
(iii) inspections stations;
(iv) repair requirements and dollar limits for correction of deficiencies; and
(v) certificates of emissions inspections.
(b) The regulations or ordinances shall:
(i) be made to attain or maintain ambient air quality standards in the county, consistent
with the state implementation plan and federal requirements;
(ii) may allow for a phase-in of the program by geographical area; and
(iii) be compliant with the analyzer design and certification requirements contained in
the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
(c) The county legislative body and the Air Quality Board shall give preference to an
inspection and maintenance program that is:
(i) decentralized, to the extent the decentralized program will attain and maintain
ambient air quality standards and meet federal requirements;
(ii) the most cost effective means to achieve and maintain the maximum benefit with
regard to ambient air quality standards and to meet federal air quality requirements as related to
vehicle emissions; and
(iii) providing a reasonable phase-out period for replacement of air pollution emission
testing equipment made obsolete by the program.
(d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
(i) may be accomplished in accordance with applicable federal requirements; and
(ii) does not otherwise interfere with the attainment and maintenance of ambient air
quality standards.
(3) The following vehicles are exempt from the provisions of this section:
(a) an implement of husbandry;
(b) a motor vehicle that:
(i) meets the definition of a farm truck under Section 
41-1a-102
; and
(ii) has a gross vehicle weight rating of 12,001 pounds or more;
(c) a vintage vehicle as defined in Section 
41-21-1
;
(d) a custom vehicle as defined in Section 
41-6a-1507
; and
(e) to the extent allowed under the current federally approved state implementation
plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
vehicle that is less than two years old on January 1 based on the age of the vehicle as
determined by the model year identified by the manufacturer.
(4) (a) The legislative body of a county identified in Subsection (1) shall exempt a
pickup truck, as defined in Section 
41-1a-102
, with a gross vehicle weight of 12,000 pounds or
less from the emission inspection requirements of this section, if the registered owner of the
pickup truck provides a signed statement to the legislative body stating the truck is used:
(i) by the owner or operator of a farm located on property that qualifies as land in
agricultural use under Sections 
59-2-502
 and 
59-2-503
; and
(ii) exclusively for the following purposes in operating the farm:
(A) for the transportation of farm products, including livestock and its products,
poultry and its products, floricultural and horticultural products; and
(B) in the transportation of farm supplies, including tile, fence, and every other thing or
commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
and maintenance.
(b) The county shall provide to the registered owner who signs and submits a signed
statement under this section a certificate of exemption from emission inspection requirements
for purposes of registering the exempt vehicle.
(5) (a) Subject to Subsection (5)(c), the legislative body of each county required under
federal law to utilize a motor vehicle emissions inspection and maintenance program or in
which an emissions inspection and maintenance program is necessary to attain or maintain any
national ambient air quality standard may require each college or university located in a county
subject to this section to require its students and employees who park a motor vehicle not
registered in a county subject to this section to provide proof of compliance with an emissions
inspection accepted by the county legislative body if the motor vehicle is parked on the college
or university campus or property.
(b) College or university parking areas that are metered or for which payment is
required per use are not subject to the requirements of this Subsection (5).
(c) The legislative body of a county shall make the reasons for implementing the
provisions of this Subsection (5) part of the record at the time that the county legislative body
takes its official action to implement the provisions of this Subsection (5).
(6) (a) An emissions inspection station shall issue a certificate of emissions inspection
for each motor vehicle that meets the inspection and maintenance program requirements
established in rules made under Subsection (2).
(b) The frequency of the emissions inspection shall be determined based on the age of
the vehicle as determined by model year and shall be required annually subject to the
provisions of Subsection (6)(c).
(c) (i) To the extent allowed under the current federally approved state implementation
plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
body of a county identified in Subsection (1) shall only require the emissions inspection every
two years for each vehicle.
(ii) The provisions of Subsection (6)(c)(i) apply only to a vehicle that is less than six
years old on January 1.
(iii) For a county required to implement a new vehicle emissions inspection and
maintenance program on or after December 1, 2012, under Subsection (1), but for which no
current federally approved state implementation plan exists, a vehicle shall be tested at a
frequency determined by the county legislative body, in consultation with the Air Quality
Board created under Section 
19-1-106
, that is necessary to comply with federal law or attain or
maintain any national ambient air quality standard.
(iv) If a county legislative body establishes or changes the frequency of a vehicle
emissions inspection and maintenance program under Subsection (6)(c)(iii), the establishment
or change shall take effect on January 1 if the Tax Commission receives notice meeting the
requirements of Subsection (6)(c)(v) from the county [
prior to
] 
before
 October 1.
(v) The notice described in Subsection (6)(c)(iv) shall:
(A) state that the county will establish or change the frequency of the vehicle emissions
inspection and maintenance program under this section;
(B) include a copy of the ordinance establishing or changing the frequency; and
(C) if the county establishes or changes the frequency under this section, state how
frequently the emissions testing will be required.
(d) If an emissions inspection is only required every two years for a vehicle under
Subsection (6)(c), the inspection shall be required for the vehicle in:
(i) odd-numbered years for vehicles with odd-numbered model years; or
(ii) in even-numbered years for vehicles with even-numbered model years.
[
(7) The emissions inspection shall be required within the same time limit applicable to
a safety inspection under Section 
41-1a-205
.
]
(7) (a) Except as provided in Subsections (7)(b), (c), and (d), the emissions inspection
required under this section may be made no more than two months before the renewal of
registration.
(b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
emissions inspection certificate issued for the motor vehicle during the previous 11 months to
satisfy the requirement under this section.
(ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
this section.
(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
lessee may use an emissions inspection certificate issued during the previous 11 months to
satisfy the requirement under this section.
(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
use an emissions inspection made more than 11 months before the renewal of registration to
satisfy the requirement under this section.
(e) If the application for renewal of registration is for a six-month registration period
under Section 
41-1a-215.5
, the owner may use an emissions inspection certificate issued during
the previous eight months to satisfy the requirement under this section.
(8) (a) A county identified in Subsection (1) shall collect information about and
monitor the program.
(b) A county identified in Subsection (1) shall supply this information to an appropriate
legislative committee, as designated by the Legislative Management Committee, at times
determined by the designated committee to identify program needs, including funding needs.
(9) If approved by the county legislative body, a county that had an established
emissions inspection fee as of January 1, 2002, may increase the established fee that an
emissions inspection station may charge by $2.50 for each year that is exempted from
emissions inspections under Subsection (6)(c) up to a $7.50 increase.
(10) (a) A county identified in Subsection (1) may impose a local emissions
compliance fee on each motor vehicle registration within the county in accordance with the
procedures and requirements of Section 
41-1a-1223
.
(b) A county that imposes a local emissions compliance fee shall use revenues
generated from the fee for the establishment and enforcement of an emissions inspection and
maintenance program in accordance with the requirements of this section.
Section 12. Section 
41-6a-1803
 is amended to read:
41-6a-1803.
Driver and passengers -- Seat belt or child restraint device required.
(1) (a) The operator of a motor vehicle operated on a highway shall:
(i) wear a properly adjusted and fastened safety belt;
(ii) provide for the protection of each person younger than eight years of age by using a
child restraint device to restrain each person in the manner prescribed by the manufacturer of
the device; and
(iii) provide for the protection of each person eight years of age up to 16 years of age
by securing, or causing to be secured, a properly adjusted and fastened safety belt on each
person.
(b) Notwithstanding the requirement under Subsection (1)(a)(ii), a child under eight
years of age who is 57 inches tall or taller:
(i) is exempt from the requirement in Subsection (1)(a)(ii) to be in a child restraint
device; and
(ii) shall use a properly adjusted and fastened safety belt as required in Subsection
(1)(a)(iii).
(2) A person 16 years of age or older who is a passenger in a motor vehicle operated on
a highway shall wear a properly adjusted and fastened safety belt.
(3) If more than one person is not using a child restraint device or wearing a safety belt
in violation of Subsection (1), it is considered only one offense, and the driver may receive
only one citation for that offense.
[
(4) Beginning on July 1, 2018, and for a person 19 years of age or older who violates
Subsection (1)(a)(i) or (2), enforcement by a state or local law enforcement officer shall be only
as a secondary action when the person has been detained for a suspected violation of Title 41,
Motor Vehicles, other than Subsection (1)(a)(i) or (2), or for another offense.
]
Section 13. Section 
41-6a-1805
 is amended to read:
41-6a-1805.
Penalty for violation.
(1) (a) A person who violates Section 
41-6a-1803
 is guilty of an infraction and shall be
fined a maximum of $45.
(b) Until July 1, 2018, a peace officer may not issue a citation to an individual for a
violation of Section 
41-6a-1803
 if the person has not previously been warned for a violation of
Section 
41-6a-1803
 but shall issue the individual a warning informing the individual that
operating or being a passenger in a vehicle without wearing a properly adjusted and fastened
safety belt is prohibited.
(c) The court shall waive all of the fine for a violation of [
Section 
41-6a-1803
 if a
person: (i) shows evidence of completion of a 30 minute course approved by the commissioner
of the Department of Public Safety that includes education on the benefits of using a safety belt
or child restraint device; and (ii) if the violation is for an offense under
] Subsection
41-6a-1803
(1)(b)[
,
] 
if the person
 submits proof of acquisition, rental, or purchase of a child
restraint device.
(2) Points for a motor vehicle reportable violation, as defined under Section 
53-3-102
,
may not be assessed against a person for a violation of Section 
41-6a-1803
.
Section 14. Section 
53-8-205
 is amended to read:
53-8-205.
Safety inspection required for certain vehicles -- Out-of-state permits.
[
(1) (a) Except as provided in Subsection (1)(b), a person may not operate on a
highway a motor vehicle required to be registered in this state unless the motor vehicle has
passed a safety inspection if required in the current year.
]
[
(b) Subsection (1)(a) does not apply to:
]
[
(i) a vehicle that is exempt from registration under Section 
41-1a-205
;
]
[
(ii) an off-highway vehicle, unless the off-highway vehicle is being registered as a
street-legal all-terrain vehicle in accordance with Section 
41-6a-1509
;
]
[
(iii) a vintage vehicle as defined in Section 
41-21-1
;
]
[
(iv) a commercial vehicle with a gross vehicle weight rating over 26,000 pounds that:
]
[
(A) is operating with an apportioned registration under Section 
41-1a-301
; and
]
[
(B) has a valid annual federal inspection that complies with the requirements of 49
C.F.R. Sec. 396.17; and
]
[
(v) a trailer, semitrailer, or trailering equipment attached to a commercial motor
vehicle described in Subsection (1)(b)(iv) that has a valid annual federal inspection that
complies with the requirements of 49 C.F.R. Sec. 396.17.
]
[
(2) Except as provided in Subsection (3), the frequency of the safety inspection shall
be determined based on the age of the vehicle determined by model year and shall:
]
[
(a) be required each year for a vehicle that is 10 or more years old on January 1; or
]
[
(b) for each vehicle that is less than 10 years old on January 1, be required in the
fourth year and the eighth year;
]
[
(c) be made by a safety inspector certified by the division at a safety inspection station
authorized by the division;
]
[
(d) cover an inspection of the motor vehicle mechanism, brakes, and equipment to
ensure proper adjustment and condition as required by department rules; and
]
[
(e) include an inspection for the display of license plates in accordance with Section
41-1a-404
.
]
[
(3) (a) (i)
] 
(1) (a)
 A salvage vehicle as defined in Section 
41-1a-1001
 is required to
pass a safety inspection when an application is made for initial registration as a salvage vehicle.
[
(ii) After initial registration as a salvage vehicle, the frequency of the safety inspection
shall correspond with the model year, as provided in Subsection (2).
]
(b) An off-highway vehicle being registered for the first time as a street-legal all-terrain
vehicle as described in Section 
41-6a-1509
 is required to pass a safety inspection when the
owner makes the initial application to register the vehicle as a street-legal all-terrain vehicle.
[
(b)
] 
(c)
 [
Beginning on the date that the Motor Vehicle Division has implemented the
Motor Vehicle Division's GenTax system,
] 
The owner of
 a commercial vehicle
,
 as defined in
Section [
41-1a-102
,
 with a gross vehicle weight rating of 10,001 pounds or more is required to
pass
] 
72-9-102
, shall:
(i) ensure that the commercial vehicle passes
 a safety inspection annually [
or comply
with Subsection (1)(b)(iv)(B)
]
; or
(ii) provide evidence of a valid annual federal inspection that complies with the
requirements of 49 C.F.R. Sec. 396.17
.
(d) The owner of a vehicle operated by a ground transportation service provider as
defined in Section 
72-10-601
 shall ensure that the vehicle passes a safety inspection annually.
(e) An owner of one or more of the following types of vehicles shall ensure that the
vehicle passes a safety inspection annually:
(i) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
multiple axles;
(ii) a combination unit;
(iii) a bus or van for hire; or
(iv) a taxicab.
[
(4) (a)
] 
(2)
 A safety inspection station shall issue two safety inspection certificates to
the owner of:
[
(i)
] 
(a)
 each motor vehicle that passes a safety inspection under this section; and
[
(ii)
] 
(b)
 a street-legal all-terrain vehicle that meets all the equipment requirements in
Section 
41-6a-1509
.
[
(b) A safety inspection station shall use one safety inspection certificate issued under
this Subsection (4) for processing the vehicle registration.
]
[
(c) A person operating a motor vehicle shall have in the person's immediate
possession a safety inspection certificate or other evidence of compliance with the requirement
to obtain a safety inspection under this section.
]
(3) A person operating a motor vehicle required to have an annual safety inspection
shall have in the person's immediate possession a safety inspection certificate or other evidence
of compliance.
[
(5)
] 
(4)
 The division may[
: (a)
] authorize the acceptance [
in this state
] of a safety
inspection certificate issued in another state having a safety inspection law similar to [
this state;
and
] 
Utah's law.
[
(b) extend the time within which a safety inspection certificate must be obtained by
the resident owner of a vehicle that was not in this state during the time a safety inspection was
required.
]
[
(6)
] 
(5)
 A violation of this section is an infraction.
Section 15. Section 
53-8-206
 is amended to read:
53-8-206.
Safety inspection -- Station requirements -- Permits not transferable --
Certificate of inspection -- Fees -- Unused certificates -- Suspension or revocation of
permits.
(1) The safety inspection required under [
Section 
53-8-205
] 
this part
 may only be
performed:
(a) by a person certified by the division as a safety inspector; and
(b) at a safety inspection station with a valid safety inspection station permit issued by
the division.
(2) 
(a)
 A safety inspection station permit may not be assigned
,
 or transferred
,
 or used at
any location other than a designated location[
, and every
]
.
(b) The holder of a
 safety inspection station permit shall [
be posted
] 
post the permit
 in
a conspicuous place at the location designated 
in the permit
.
(3) If required by the division, 
the safety inspector shall keep
 a record and 
file a
 report
[
shall be made
] of every safety inspection and every safety inspection certificate issued.
(4) A safety inspection station holding a safety inspection station permit issued by the
division may charge a reasonable fee for labor in performing safety inspections, not to exceed:
(a) $7 or less for motorcycles and street-legal all-terrain vehicles;
(b) unless Subsection (4)(a) or (c) applies, $15 or less for motor vehicles; or
(c) $20 or less for 4-wheel drive, split axle, and any motor vehicles that necessitate
disassembly of front hub or removal of rear axle for inspection.
(5) 
(a)
 A safety inspection station may return 
to the division
 unused safety inspection
certificates in a quantity of 10 or more [
and
]
.
(b) The division
 shall [
be reimbursed by the division
] 
reimburse the station
 for the cost
of [
the
] 
the returned
 safety inspection certificates.
(6) (a) Upon receiving notice of the suspension or revocation of a safety inspection
station permit and after the conclusion of any adjudicative proceedings upholding the
suspension or revocation, the safety inspection station permit holder shall
:
(i)
 immediately terminate all safety inspection activities
;
 and
(ii)
 return all safety inspection certificates and the safety inspection station permit to
the division.
(b) The division shall issue a receipt for all unused safety inspection certificates.
Section 16. Section 
53-8-214
 is enacted to read:
 53-8-214.
Creation of the Motor Vehicle Safety Impact Restricted Account.
(1) There is created a restricted account within the General Fund known as the Motor
Vehicle Safety Impact Restricted Account.
(2) The account includes:
(a) deposits made to the restricted account from registration fees as described in
Subsection 
41-1a-1201
(8);
(b) donations or deposits made to the account; and
(c) any interest earned on the account.
(3) Upon appropriation, the division may use funds in the account to improve motor
vehicle safety, mitigate impacts, and enforce safety provisions, including the following:
(a) hiring new Highway Patrol troopers;
(b) payment of overtime for Highway Patrol troopers; and
(c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
(4) The division shall annually report to the Executive Offices and Criminal Justice
Appropriations Subcommittee to justify expenditures and use of funds in the account.
Section 17. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Public Safety -- Programs and Operations
From General Fund
($199,800)
From General Fund, One-time
$99,900
From Department of Public Safety Restricted Account
($684,100)
From Department of Public Safety Restricted Account, One-time
$342,100
Schedule of Programs:
Highway Patrol -- Safety Inspections ($441,900)
ITEM 2
To Department of Public Safety -- Programs and Operations
From General Fund
$199,800
From General Fund, One-time
($99,900)
From Department of Public Safety Restricted Account
$684,100
From Department of Public Safety Restricted Account, One-time
($342,100)
Schedule of Programs:
Highway Patrol -- Field Operations $441,900
Section 18. 
Effective date.
This bill takes effect on January 1, 2018.