Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 264 (2023GS)

Sponsor

Sen. Johnson, J.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines the term, "restored modified vehicle";
• at the request of the owner, allows the Motor Vehicle Division to notate the registration certificate of a restored-modified vehicle indicating that the vehicle is a restored-modified vehicle;
• requires an emissions inspection as a prerequisite to registration of a restored-modified vehicle;
• prohibits a county emissions program from refusing to perform an emissions test based solely on the status of a vehicle as a restored-modified vehicle; and
• makes technical changes.

Every vote on this bill

Bill text

MODIFIED CAR EMISSIONS REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John D. Johnson
House Sponsor: 
Ryan D. Wilcox
LONG TITLE
General Description:
This bill defines a restored-modified motor vehicle and provides procedures for an
emissions test as a prerequisite to registration of the restored-modified motor vehicle, if
required.
Highlighted Provisions:
This bill:
▸ defines the term, "restored modified vehicle";
▸ at the request of the owner, allows the Motor Vehicle Division to notate the
registration certificate of a restored-modified vehicle indicating that the vehicle is a
restored-modified vehicle;
▸ requires an emissions inspection as a prerequisite to registration of a
restored-modified vehicle;
▸ prohibits a county emissions program from refusing to perform an emissions test
based solely on the status of a vehicle as a restored-modified vehicle; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-102
, as last amended by Laws of Utah 2022, Chapters 92, 180
41-1a-201
, as last amended by Laws of Utah 2022, Chapter 259
41-1a-202
, as last amended by Laws of Utah 2019, Chapters 251, 459
41-1a-226
, as last amended by Laws of Utah 2022, Chapter 259
41-6a-102
, as last amended by Laws of Utah 2022, Chapters 86, 92 and 104
41-6a-1642
, as last amended by Laws of Utah 2022, Chapters 160, 259
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-102
 is amended to read:
41-1a-102.
Definitions.
As used in this chapter:
(1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
(2) "Actual weight" means the actual unladen weight of a vehicle or combination of
vehicles as operated and certified to by a weighmaster.
(3) "All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(4) "All-terrain type II vehicle" means the same as that term is defined in Section
41-22-2
.
(5) "All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
(6) "Alternative fuel vehicle" means:
(a) an electric motor vehicle;
(b) a hybrid electric motor vehicle;
(c) a plug-in hybrid electric motor vehicle; or
(d) a motor vehicle powered exclusively by a fuel other than:
(i) motor fuel;
(ii) diesel fuel;
(iii) natural gas; or
(iv) propane.
(7) "Amateur radio operator" means a person licensed by the Federal Communications
Commission to engage in private and experimental two-way radio operation on the amateur
band radio frequencies.
(8) "Autocycle" means the same as that term is defined in Section 
53-3-102
.
(9) "Automated driving system" means the same as that term is defined in Section
41-26-102.1
.
(10) "Branded title" means a title certificate that is labeled:
(a) rebuilt and restored to operation;
(b) flooded and restored to operation; or
(c) not restored to operation.
(11) "Camper" means a structure designed, used, and maintained primarily to be
mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
camping.
(12) "Certificate of title" means a document issued by a jurisdiction to establish a
record of ownership between an identified owner and the described vehicle, vessel, or outboard
motor.
(13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
weighmaster.
(14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
maintained for the transportation of persons or property that operates:
(a) as a carrier for hire, compensation, or profit; or
(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
owner's commercial enterprise.
(15) "Commission" means the State Tax Commission.
(16) "Consumer price index" means the same as that term is defined in Section
59-13-102
.
(17) "Dealer" means a person engaged or licensed to engage in the business of buying,
selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
(18) "Diesel fuel" means the same as that term is defined in Section 
59-13-102
.
(19) "Division" means the Motor Vehicle Division of the commission, created in
Section 
41-1a-106
.
(20) "Dynamic driving task" means the same as that term is defined in Section
41-26-102.1
.
(21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
electric motor drawing current from a rechargeable energy storage system.
(22) "Essential parts" means the integral and body parts of a vehicle of a type required
to be registered in this state, the removal, alteration, or substitution of which would tend to
conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
or mode of operation.
(23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
the owner's or operator's own use in the transportation of:
(i) farm products, including livestock and its products, poultry and its products,
floricultural and horticultural products;
(ii) farm supplies, including tile, fence, and any other thing or commodity used in
agricultural, floricultural, horticultural, livestock, and poultry production; and
(iii) livestock, poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of a farm.
(b) "Farm truck" does not include the operation of trucks by commercial processors of
agricultural products.
(25) "Fleet" means one or more commercial vehicles.
(26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
this state from another state, territory, or country other than in the ordinary course of business
by or through a manufacturer or dealer, and not registered in this state.
(27) "Gross laden weight" means the actual weight of a vehicle or combination of
vehicles, equipped for operation, to which shall be added the maximum load to be carried.
(28) "Highway" or "street" means the entire width between property lines of every way
or place of whatever nature when any part of it is open to the public, as a matter of right, for
purposes of vehicular traffic.
(29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
energy from onboard sources of stored energy that are both:
(a) an internal combustion engine or heat engine using consumable fuel; and
(b) a rechargeable energy storage system where energy for the storage system comes
solely from sources onboard the vehicle.
(30) (a) "Identification number" means the identifying number assigned by the
manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
motor.
(b) "Identification number" includes a vehicle identification number, state assigned
identification number, hull identification number, and motor serial number.
(31) "Implement of husbandry" means a vehicle designed or adapted and used
exclusively for an agricultural operation and only incidentally operated or moved upon the
highways.
(32) (a) "In-state miles" means the total number of miles operated in this state during
the preceding year by fleet power units.
(b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
total number of miles that those vehicles were towed on Utah highways during the preceding
year.
(33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
province, territory, or possession of the United States or foreign country.
(34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(35) "Lienholder" means a person with a security interest in particular property.
(36) "Manufactured home" means a transportable factory built housing unit constructed
on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
square feet, and which is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems.
(37) "Manufacturer" means a person engaged in the business of constructing,
manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
outboard motors for the purpose of sale or trade.
(38) "Military vehicle" means a vehicle of any size or weight that was manufactured
for use by armed forces and that is maintained in a condition that represents the vehicle's
military design and markings regardless of current ownership or use.
(39) "Mobile home" means a transportable factory built housing unit built prior to June
15, 1976, in accordance with a state mobile home code which existed prior to the Federal
Manufactured Housing and Safety Standards Act (HUD Code).
(40) "Motor fuel" means the same as that term is defined in Section 
59-13-102
.
(41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
operation on the highways.
(b) "Motor vehicle" does not include:
(i) an off-highway vehicle; or
(ii) a motor assisted scooter as defined in Section 
41-6a-102
.
(42) "Motorboat" means the same as that term is defined in Section 
73-18-2
.
(43) "Motorcycle" means:
(a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
more than three wheels in contact with the ground; or
(b) an autocycle.
(44) "Natural gas" means a fuel of which the primary constituent is methane.
(45) (a) "Nonresident" means a person who is not a resident of this state as defined by
Section 
41-1a-202
, and who does not engage in intrastate business within this state and does
not operate in that business any motor vehicle, trailer, or semitrailer within this state.
(b) A person who engages in intrastate business within this state and operates in that
business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
considered a resident of this state, insofar as that vehicle is concerned in administering this
chapter.
(46) "Odometer" means a device for measuring and recording the actual distance a
vehicle travels while in operation, but does not include any auxiliary odometer designed to be
periodically reset.
(47) "Off-highway implement of husbandry" means the same as that term is defined in
Section 
41-22-2
.
(48) "Off-highway vehicle" means the same as that term is defined in Section 
41-22-2
.
(49) (a) "Operate" means:
(i) to navigate a vessel; or
(ii) collectively, the activities performed in order to perform the entire dynamic driving
task for a given motor vehicle by:
(A) a human driver as defined in Section 
41-26-102.1
; or
(B) an engaged automated driving system.
(b) "Operate" includes testing of an automated driving system.
(50) "Outboard motor" means a detachable self-contained propulsion unit, excluding
fuel supply, used to propel a vessel.
(51) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
security interest.
(b) If a vehicle is the subject of an agreement for the conditional sale or installment
sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of possession vested in the conditional
vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
chapter.
(c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
owner until the lessee exercises the lessee's option to purchase the vehicle.
(52) "Park model recreational vehicle" means a unit that:
(a) is designed and marketed as temporary living quarters for recreational, camping,
travel, or seasonal use;
(b) is not permanently affixed to real property for use as a permanent dwelling;
(c) requires a special highway movement permit for transit; and
(d) is built on a single chassis mounted on wheels with a gross trailer area not
exceeding 400 square feet in the setup mode.
(53) "Personalized license plate" means a license plate that has displayed on it a
combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
to the vehicle by the division.
(54) (a) "Pickup truck" means a two-axle motor vehicle with motive power
manufactured, remanufactured, or materially altered to provide an open cargo area.
(b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
camper, camper shell, tarp, removable top, or similar structure.
(55) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that
has the capability to charge the battery or batteries used for vehicle propulsion from an
off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle
while the vehicle is in motion.
(56) "Pneumatic tire" means a tire in which compressed air is designed to support the
load.
(57) "Preceding year" means a period of 12 consecutive months fixed by the division
that is within 16 months immediately preceding the commencement of the registration or
license year in which proportional registration is sought. The division in fixing the period shall
conform it to the terms, conditions, and requirements of any applicable agreement or
arrangement for the proportional registration of vehicles.
(58) "Public garage" means a building or other place where vehicles or vessels are kept
and stored and where a charge is made for the storage and keeping of vehicles and vessels.
(59) "Receipt of surrender of ownership documents" means the receipt of surrender of
ownership documents described in Section 
41-1a-503
.
(60) "Reconstructed vehicle" means a vehicle of a type required to be registered in this
state that is materially altered from its original construction by the removal, addition, or
substitution of essential parts, new or used.
(61) "Recreational vehicle" means the same as that term is defined in Section
13-14-102
.
(62) "Registration" means a document issued by a jurisdiction that allows operation of
a vehicle or vessel on the highways or waters of this state for the time period for which the
registration is valid and that is evidence of compliance with the registration requirements of the
jurisdiction.
(63) (a) "Registration year" means a 12 consecutive month period commencing with
the completion of the applicable registration criteria.
(b) For administration of a multistate agreement for proportional registration the
division may prescribe a different 12-month period.
(64) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
or outboard motor, or by correcting the inoperative part.
(65) "Replica vehicle" means:
(a) a street rod that meets the requirements under Subsection 
41-21-1
(3)(a)(i)(B); or
(b) a custom vehicle that meets the requirements under Subsection
41-6a-1507
(1)(a)(i)(B).
(66) "Restored-modified vehicle" means a motor vehicle that has been restored and
modified with modern parts and technology, including emission control technology and an
on-board diagnostic system.
[
(66)
] 
(67)
 "Road tractor" means a motor vehicle designed and used for drawing other
vehicles and constructed so it does not carry any load either independently or any part of the
weight of a vehicle or load that is drawn.
[
(67)
] 
(68)
 "Sailboat" means the same as that term is defined in Section 
73-18-2
.
[
(68)
] 
(69)
 "Security interest" means an interest that is reserved or created by a security
agreement to secure the payment or performance of an obligation and that is valid against third
parties.
[
(69)
] 
(70)
 "Semitrailer" means a vehicle without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and constructed so that some part
of its weight and its load rests or is carried by another vehicle.
[
(70)
] 
(71)
 "Special group license plate" means a type of license plate designed for a
particular group of people or a license plate authorized and issued by the division in accordance
with Section 
41-1a-418
.
[
(71)
] 
(72)
 (a) "Special interest vehicle" means a vehicle used for general
transportation purposes and that is:
(i) 20 years or older from the current year; or
(ii) a make or model of motor vehicle recognized by the division director as having
unique interest or historic value.
(b) In making a determination under Subsection [
(71)(a),
] 
(72)(a),
 the division director
shall give special consideration to:
(i) a make of motor vehicle that is no longer manufactured;
(ii) a make or model of motor vehicle produced in limited or token quantities;
(iii) a make or model of motor vehicle produced as an experimental vehicle or one
designed exclusively for educational purposes or museum display; or
(iv) a motor vehicle of any age or make that has not been substantially altered or
modified from original specifications of the manufacturer and because of its significance is
being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
leisure pursuit.
[
(72)
] 
(73)
 (a) "Special mobile equipment" means a vehicle:
(i) not designed or used primarily for the transportation of persons or property;
(ii) not designed to operate in traffic; and
(iii) only incidentally operated or moved over the highways.
(b) "Special mobile equipment" includes:
(i) farm tractors;
(ii) off-road motorized construction or maintenance equipment including backhoes,
bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii) ditch-digging apparatus.
(c) "Special mobile equipment" does not include a commercial vehicle as defined
under Section 
72-9-102
.
[
(73)
] 
(74)
 "Specially constructed vehicle" means a vehicle of a type required to be
registered in this state, not originally constructed under a distinctive name, make, model, or
type by a generally recognized manufacturer of vehicles, and not materially altered from its
original construction.
[
(74)
] 
(75)
 "State impound yard" means a yard for the storage of a vehicle, vessel, or
outboard motor that meets the requirements of rules made by the commission pursuant to
Subsection 
41-1a-1101
(5).
[
(75)
] 
(76)
 "Title" means the right to or ownership of a vehicle, vessel, or outboard
motor.
[
(76)
] 
(77)
 (a) "Total fleet miles" means the total number of miles operated in all
jurisdictions during the preceding year by power units.
(b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
the number of miles that those vehicles were towed on the highways of all jurisdictions during
the preceding year.
[
(77)
] 
(78)
 "Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
[
(78)
] 
(79)
 "Tow truck operator" means the same as that term is defined in Section
72-9-102
.
[
(79)
] 
(80)
 "Trailer" means a vehicle without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and constructed so that no part of
its weight rests upon the towing vehicle.
[
(80)
] 
(81)
 "Transferee" means a person to whom the ownership of property is
conveyed by sale, gift, or any other means except by the creation of a security interest.
[
(81)
] 
(82)
 "Transferor" means a person who transfers the person's ownership in
property by sale, gift, or any other means except by creation of a security interest.
[
(82)
] 
(83)
 "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
vacation use that does not require a special highway movement permit when drawn by a
self-propelled motor vehicle.
[
(83)
] 
(84)
 "Truck tractor" means a motor vehicle designed and used primarily for
drawing other vehicles and not constructed to carry a load other than a part of the weight of the
vehicle and load that is drawn.
[
(84)
] 
(85)
 "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
camper, park model recreational vehicle, manufactured home, and mobile home.
[
(85)
] 
(86)
 "Vessel" means the same as that term is defined in Section 
73-18-2
.
[
(86)
] 
(87)
 "Vintage vehicle" means the same as that term is defined in Section
41-21-1
.
[
(87)
] 
(88)
 "Waters of this state" means the same as that term is defined in Section
73-18-2
.
[
(88)
] 
(89)
 "Weighmaster" means a person, association of persons, or corporation
permitted to weigh vehicles under this chapter.
Section 2. Section 
41-1a-201
 is amended to read:
41-1a-201.
Function of registration -- Registration required -- Penalty.
(1) Unless exempted, a person or automated driving system may not operate and an
owner may not engage an automated driving system, give another person permission to engage
an automated driving system, or give another person permission to operate a motor vehicle,
combination of vehicles, trailer, semitrailer, vintage vehicle, 
restored-modified vehicle,
off-highway vehicle, vessel, or park model recreational vehicle in this state unless it has been
registered in accordance with this chapter, Title 41, Chapter 22, Off-highway Vehicles, or Title
73, Chapter 18, State Boating Act.
(2) Subject to Subsection 
53-8-209
(3), a violation of this section is an infraction.
(3) (a) In the event that materials are temporarily unavailable for registration items
required under Section 
41-1a-402
, the commission may delay initial vehicle registration or
renewal of vehicle registrations.
(b) In a circumstance described in Subsection (3)(a), a person does not violate
Subsection (1) for failure to register a vehicle during a delay period described in Subsection
(3)(a).
Section 3. Section 
41-1a-202
 is amended to read:
41-1a-202.
Definitions -- Vehicles exempt from registration -- Registration of
vehicles after establishing residency.
(1) In this section:
(a) "Domicile" means the place:
(i) where an individual has a fixed permanent home and principal establishment;
(ii) to which the individual if absent, intends to return; and
(iii) in which the individual and his family voluntarily reside, not for a special or
temporary purpose, but with the intention of making a permanent home.
(b) (i) "Resident" means any of the following:
(A) an individual who:
(I) has established a domicile in this state;
(II) regardless of domicile, remains in this state for an aggregate period of six months
or more during any calendar year;
(III) engages in a trade, profession, or occupation in this state or who accepts
employment in other than seasonal work in this state and who does not commute into the state;
(IV) declares himself to be a resident of this state for the purpose of obtaining a driver
license or motor vehicle registration; or
(V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
nonresidents, including going to school, or placing children in school without paying
nonresident tuition or fees; or
(B) any individual, partnership, limited liability company, firm, corporation,
association, or other entity that:
(I) maintains a main office, branch office, or warehouse facility in this state and that
bases and operates a motor vehicle in this state; or
(II) operates a motor vehicle in intrastate transportation for other than seasonal work.
(ii) "Resident" does not include any of the following:
(A) a member of the military temporarily stationed in Utah;
(B) an out-of-state student, as classified by the institution of higher education, enrolled
with the equivalent of seven or more quarter hours, regardless of whether the student engages
in a trade, profession, or occupation in this state or accepts employment in this state; and
(C) an individual domiciled in another state or a foreign country that:
(I) is engaged in public, charitable, educational, or religious services for a government
agency or an organization that qualifies for tax-exempt status under Internal Revenue Code
Section 501(c)(3);
(II) is not compensated for services rendered other than expense reimbursements; and
(III) is temporarily in Utah for a period not to exceed 24 months.
(iii) Notwithstanding Subsections (1)(b)(i) and (ii), "resident" includes the owner of a
vehicle equipped with an automated driving system as defined in Section 
41-26-102.1
 if the
vehicle is physically present in the state for more than 30 consecutive days in a calendar year.
(2) (a) Registration under this chapter is not required for any:
(i) vehicle registered in another state and owned by a nonresident of the state or
operating under a temporary registration permit issued by the division or a dealer authorized by
this chapter, driven or moved upon a highway in conformance with the provisions of this
chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
(ii) vehicle driven or moved upon a highway only for the purpose of crossing the
highway from one property to another;
(iii) implement of husbandry, whether of a type otherwise subject to registration or not,
that is only incidentally operated or moved upon a highway;
(iv) special mobile equipment;
(v) vehicle owned or leased by the federal government;
(vi) motor vehicle not designed, used, or maintained for the transportation of
passengers for hire or for the transportation of property if the motor vehicle is registered in
another state and is owned and operated by a nonresident of this state;
(vii) vehicle or combination of vehicles designed, used, or maintained for the
transportation of persons for hire or for the transportation of property if the vehicle or
combination of vehicles is registered in another state and is owned and operated by a
nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight
of 26,000 pounds or less;
(viii) trailer of 750 pounds or less unladen weight and not designed, used, and
maintained for hire for the transportation of property or person;
(ix) manufactured home or mobile home;
(x) off-highway vehicle currently registered under Section 
41-22-3
 if the off-highway
vehicle is:
(A) being towed;
(B) operated on a street or highway designated as open to off-highway vehicle use; or
(C) operated in the manner prescribed in Subsections 
41-22-10.3
(1) through (3);
(xi) off-highway implement of husbandry operated in the manner prescribed in
Subsections 
41-22-5.5
(3) through (5);
(xii) modular and prebuilt homes conforming to the uniform building code and
presently regulated by the United States Department of Housing and Urban Development that
are not constructed on a permanent chassis;
(xiii) electric assisted bicycle defined under Section 
41-6a-102
;
(xiv) motor assisted scooter defined under Section 
41-6a-102
; or
(xv) electric personal assistive mobility device defined under Section 
41-6a-102
.
(b) For purposes of an implement of husbandry as described in Subsection (2)(a)(iii),
incidental operation on a highway includes operation that is:
(i) transportation of raw agricultural materials or other agricultural related operations;
and
(ii) limited to 100 miles round trip on a highway.
(3) Unless otherwise exempted under Subsection (2), registration under this chapter is
required for any motor vehicle, combination of vehicles, trailer, semitrailer, [
or
] vintage
vehicle
, or restored-modified vehicle
 within 60 days of the owner establishing residency in this
state.
(4) A motor vehicle that is registered under Section 
41-3-306
 is exempt from the
registration requirements of this part for the time period that the registration under Section
41-3-306
 is valid.
(5) A vehicle that has been issued a nonrepairable certificate may not be registered
under this chapter.
Section 4. Section 
41-1a-226
 is amended to read:
41-1a-226.
Vintage vehicle -- Signed statement -- Restored-modified vehicle --
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) For a vintage vehicle with a model year of 1980 or older, the signed statement
described in Subsection (1) is in lieu of an emissions inspection, from which a vintage vehicle
is exempt under Subsection 
41-6a-1642
(4).
(3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an
owner shall:
(a) obtain a certificate of emissions inspection as provided in Section 
41-6a-1642
; or
(b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type
specific to a vehicle collector.
(4) (a) If an owner of a restored-modified vehicle who applies for registration that
wishes to have the notation on the registration certificate as described in Subsection (4)(b), the
owner may provide a signed statement that the vehicle:
(i) meets the definition of a restored-modified vehicle, and has modern technology,
including emission control technology and an on-board diagnostic system; and
(ii) is safe to operate on the highways of this state.
(b) If a vehicle qualifies as a restored-modified vehicle, the division shall notate the
registration certificate indicating that the vehicle is a restored-modified vehicle.
(c) An owner of a restored-modified vehicle may elect to remove the restored-modified
notation on the registration certificate at the time of a subsequent registration.
Section 5. Section 
41-6a-102
 is amended to read:
41-6a-102.
Definitions.
As used in this chapter:
(1) "Alley" means a street or highway intended to provide access to the rear or side of
lots or buildings in urban districts and not intended for through vehicular traffic.
(2) "All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(3) "Authorized emergency vehicle" includes:
(a) fire department vehicles;
(b) police vehicles;
(c) ambulances; and
(d) other publicly or privately owned vehicles as designated by the commissioner of the
Department of Public Safety.
(4) "Autocycle" means the same as that term is defined in Section 
53-3-102
.
(5) (a) "Bicycle" means a wheeled vehicle:
(i) propelled by human power by feet or hands acting upon pedals or cranks;
(ii) with a seat or saddle designed for the use of the operator;
(iii) designed to be operated on the ground; and
(iv) whose wheels are not less than 14 inches in diameter.
(b) "Bicycle" includes an electric assisted bicycle.
(c) "Bicycle" does not include scooters and similar devices.
(6) (a) "Bus" means a motor vehicle:
(i) designed for carrying more than 15 passengers and used for the transportation of
persons; or
(ii) designed and used for the transportation of persons for compensation.
(b) "Bus" does not include a taxicab.
(7) (a) "Circular intersection" means an intersection that has an island, generally
circular in design, located in the center of the intersection where traffic passes to the right of
the island.
(b) "Circular intersection" includes:
(i) roundabouts;
(ii) rotaries; and
(iii) traffic circles.
(8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
Subsection (17)(d)(i).
(9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
Subsection (17)(d)(ii).
(10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
Subsection (17)(d)(iii).
(11) "Commissioner" means the commissioner of the Department of Public Safety.
(12) "Controlled-access highway" means a highway, street, or roadway:
(a) designed primarily for through traffic; and
(b) to or from which owners or occupants of abutting lands and other persons have no
legal right of access, except at points as determined by the highway authority having
jurisdiction over the highway, street, or roadway.
(13) "Crosswalk" means:
(a) that part of a roadway at an intersection included within the connections of the
lateral lines of the sidewalks on opposite sides of the highway measured from:
(i) (A) the curbs; or
(B) in the absence of curbs, from the edges of the traversable roadway; and
(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
included within the extension of the lateral lines of the existing sidewalk at right angles to the
centerline; or
(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
(14) "Department" means the Department of Public Safety.
(15) "Direct supervision" means oversight at a distance within which:
(a) visual contact is maintained; and
(b) advice and assistance can be given and received.
(16) "Divided highway" means a highway divided into two or more roadways by:
(a) an unpaved intervening space;
(b) a physical barrier; or
(c) a clearly indicated dividing section constructed to impede vehicular traffic.
(17) "Electric assisted bicycle" means a bicycle with an electric motor that:
(a) has a power output of not more than 750 watts;
(b) has fully operable pedals on permanently affixed cranks;
(c) is fully operable as a bicycle without the use of the electric motor; and
(d) is one of the following:
(i) an electric assisted bicycle equipped with a motor or electronics that:
(A) provides assistance only when the rider is pedaling; and
(B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
hour;
(ii) an electric assisted bicycle equipped with a motor or electronics that:
(A) may be used exclusively to propel the bicycle; and
(B) is not capable of providing assistance when the bicycle reaches the speed of 20
miles per hour; or
(iii) an electric assisted bicycle equipped with a motor or electronics that:
(A) provides assistance only when the rider is pedaling;
(B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
hour; and
(C) is equipped with a speedometer.
(18) (a) "Electric personal assistive mobility device" means a self-balancing device
with:
(i) two nontandem wheels in contact with the ground;
(ii) a system capable of steering and stopping the unit under typical operating
conditions;
(iii) an electric propulsion system with average power of one horsepower or 750 watts;
(iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
(v) a deck design for a person to stand while operating the device.
(b) "Electric personal assistive mobility device" does not include a wheelchair.
(19) "Explosives" means a chemical compound or mechanical mixture commonly used
or intended for the purpose of producing an explosion and that contains any oxidizing and
combustive units or other ingredients in proportions, quantities, or packing so that an ignition
by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
capable of producing destructive effects on contiguous objects or of causing death or serious
bodily injury.
(20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
implement, for drawing plows, mowing machines, and other implements of husbandry.
(21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
as determined by a Tagliabue or equivalent closed-cup test device.
(22) "Freeway" means a controlled-access highway that is part of the interstate system
as defined in Section 
72-1-102
.
(23) (a) "Golf cart" means a device that:
(i) is designed for transportation by players on a golf course;
(ii) has not less than three wheels in contact with the ground;
(iii) has an unladen weight of less than 1,800 pounds;
(iv) is designed to operate at low speeds; and
(v) is designed to carry not more than six persons including the driver.
(b) "Golf cart" does not include:
(i) a low-speed vehicle or an off-highway vehicle;
(ii) a motorized wheelchair;
(iii) an electric personal assistive mobility device;
(iv) an electric assisted bicycle;
(v) a motor assisted scooter;
(vi) a personal delivery device, as defined in Section 
41-6a-1119
; or
(vii) a mobile carrier, as defined in Section 
41-6a-1120
.
(24) "Gore area" means the area delineated by two solid white lines that is between a
continuing lane of a through roadway and a lane used to enter or exit the continuing lane
including similar areas between merging or splitting highways.
(25) "Gross weight" means the weight of a vehicle without a load plus the weight of
any load on the vehicle.
(26) "Hi-rail vehicle" means a roadway maintenance vehicle that is:
(a) manufactured to meet Federal Motor Vehicle Safety Standards; and
(b) equipped with retractable flanged wheels that allow the vehicle to travel on a
highway or railroad tracks.
(27) "Highway" means the entire width between property lines of every way or place of
any nature when any part of it is open to the use of the public as a matter of right for vehicular
travel.
(28) "Highway authority" means the same as that term is defined in Section 
72-1-102
.
(29) (a) "Intersection" means the area embraced within the prolongation or connection
of the lateral [
curblines
] 
curb lines
, or, if none, then the lateral boundary lines of the roadways
of two or more highways that join one another.
(b) Where a highway includes two roadways 30 feet or more apart:
(i) every crossing of each roadway of the divided highway by an intersecting highway
is a separate intersection; and
(ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of the highways is a separate intersection.
(c) "Intersection" does not include the junction of an alley with a street or highway.
(30) "Island" means an area between traffic lanes or at an intersection for control of
vehicle movements or for pedestrian refuge designated by:
(a) pavement markings, which may include an area designated by two solid yellow
lines surrounding the perimeter of the area;
(b) channelizing devices;
(c) curbs;
(d) pavement edges; or
(e) other devices.
(31) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
act of overtaking and passing another vehicle that is stopped in the same direction of travel in
the same lane.
(32) "Law enforcement agency" means the same as that term is as defined in Section
53-1-102
.
(33) "Limited access highway" means a highway:
(a) that is designated specifically for through traffic; and
(b) over, from, or to which neither owners nor occupants of abutting lands nor other
persons have any right or easement, or have only a limited right or easement of access, light,
air, or view.
(34) "Local highway authority" means the legislative, executive, or governing body of
a county, municipal, or other local board or body having authority to enact laws relating to
traffic under the constitution and laws of the state.
(35) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
(i) is designed to be operated at speeds of not more than 25 miles per hour; and
(ii) has a capacity of not more than six passengers, including a conventional driver or
fallback-ready user if on board the vehicle, as those terms are defined in Section 
41-26-102.1
.
(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
(36) "Metal tire" means a tire, the surface of which in contact with the highway is
wholly or partly of metal or other hard nonresilient material.
(37) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
saddle that is less than 24 inches from the ground as measured on a level surface with properly
inflated tires.
(b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
(c) "Mini-motorcycle" does not include a motorcycle that is:
(i) designed for off-highway use; and
(ii) registered as an off-highway vehicle under Section 
41-22-3
.
(38) "Mobile home" means:
(a) a trailer or semitrailer that is:
(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
place either permanently or temporarily; and
(ii) equipped for use as a conveyance on streets and highways; or
(b) a trailer or a semitrailer whose chassis and exterior shell is designed and
constructed for use as a mobile home, as defined in Subsection (38)(a), but that is instead used
permanently or temporarily for:
(i) the advertising, sale, display, or promotion of merchandise or services; or
(ii) any other commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
(39) "Mobility disability" means the inability of a person to use one or more of the
person's extremities or difficulty with motor skills, that may include limitations with walking,
grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition.
(40) (a) "Moped" means a motor-driven cycle having:
(i) pedals to permit propulsion by human power; and
(ii) a motor that:
(A) produces not more than two brake horsepower; and
(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
level ground.
(b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
centimeters and the moped shall have a power drive system that functions directly or
automatically without clutching or shifting by the operator after the drive system is engaged.
(c) "Moped" does not include:
(i) an electric assisted bicycle; or
(ii) a motor assisted scooter.
(41) (a) "Motor assisted scooter" means a self-propelled device with:
(i) at least two wheels in contact with the ground;
(ii) a braking system capable of stopping the unit under typical operating conditions;
(iii) an electric motor not exceeding 2,000 watts;
(iv) either:
(A) handlebars and a deck design for a person to stand while operating the device; or
(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
the device;
(v) a design for the ability to be propelled by human power alone; and
(vi) a maximum speed of 20 miles per hour on a paved level surface.
(b) "Motor assisted scooter" does not include:
(i) an electric assisted bicycle; or
(ii) a motor-driven cycle.
(42) (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(b) "Motor vehicle" does not include:
(i) vehicles moved solely by human power;
(ii) motorized wheelchairs;
(iii) an electric personal assistive mobility device;
(iv) an electric assisted bicycle;
(v) a motor assisted scooter;
(vi) a personal delivery device, as defined in Section 
41-6a-1119
; or
(vii) a mobile carrier, as defined in Section 
41-6a-1120
.
(43) "Motorcycle" means:
(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
and designed to travel with not more than three wheels in contact with the ground; or
(b) an autocycle.
(44) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
having:
(i) an engine with less than 150 cubic centimeters displacement; or
(ii) a motor that produces not more than five horsepower.
(b) "Motor-driven cycle" does not include:
(i) an electric personal assistive mobility device;
(ii) a motor assisted scooter; or
(iii) an electric assisted bicycle.
(45) "Off-highway implement of husbandry" means the same as that term is defined
under Section 
41-22-2
.
(46) "Off-highway vehicle" means the same as that term is defined under Section
41-22-2
.
(47) "Operate" means the same as that term is defined in Section 
41-1a-102
.
(48) "Operator" means:
(a) a human driver, as defined in Section 
41-26-102.1
, that operates a vehicle; or
(b) an automated driving system, as defined in Section 
41-26-102.1
, that operates a
vehicle.
(49) "Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
other device operated, alone or coupled with another device, on stationary rails.
(50) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
occupied or not.
(b) "Park" or "parking" does not include:
(i) the standing of a vehicle temporarily for the purpose of and while actually engaged
in loading or unloading property or passengers; or
(ii) a motor vehicle with an engaged automated driving system that has achieved a
minimal risk condition, as those terms are defined in Section 
41-26-102.1
.
(51) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace
Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
laws.
(52) "Pedestrian" means a person traveling:
(a) on foot; or
(b) in a wheelchair.
(53) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
pedestrians.
(54) "Person" means a natural person, firm, copartnership, association, corporation,
business trust, estate, trust, partnership, limited liability company, association, joint venture,
governmental agency, public corporation, or any other legal or commercial entity.
(55) "Pole trailer" means a vehicle without motive power:
(a) designed to be drawn by another vehicle and attached to the towing vehicle by
means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
(b) that is ordinarily used for transporting long or irregular shaped loads including
poles, pipes, or structural members generally capable of sustaining themselves as beams
between the supporting connections.
(56) "Private road or driveway" means every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied permission from the
owner, but not by other persons.
(57) "Railroad" means a carrier of persons or property upon cars operated on stationary
rails.
(58) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
public body or official or by a railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
(59) "Railroad train" means a locomotive propelled by any form of energy, coupled
with or operated without cars, and operated upon rails.
(60) "Restored-modified vehicle" means the same as that term is defined in Section
41-1a-102
.
[
(60)
] 
(61)
 "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
lawful manner in preference to another vehicle or pedestrian approaching under circumstances
of direction, speed, and proximity that give rise to danger of collision unless one grants
precedence to the other.
[
(61)
] 
(62)
 (a) "Roadway" means that portion of highway improved, designed, or
ordinarily used for vehicular travel.
(b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
them are used by persons riding bicycles or other human-powered vehicles.
(c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
a highway includes two or more separate roadways.
[
(62)
] 
(63)
 "Safety zone" means the area or space officially set apart within a roadway
for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
signs as to be plainly visible at all times while set apart as a safety zone.
[
(63)
] 
(64)
 (a) "School bus" means a motor vehicle that:
(i) complies with the color and identification requirements of the most recent edition of
"Minimum Standards for School Buses"; and
(ii) is used to transport school children to or from school or school activities.
(b) "School bus" does not include a vehicle operated by a common carrier in
transportation of school children to or from school or school activities.
[
(64)
] 
(65)
 (a) "Semitrailer" means a vehicle with or without motive power:
(i) designed for carrying persons or property and for being drawn by a motor vehicle;
and
(ii) constructed so that some part of its weight and that of its load rests on or is carried
by another vehicle.
(b) "Semitrailer" does not include a pole trailer.
[
(65)
] 
(66)
 "Shoulder area" means:
(a) that area of the hard-surfaced highway separated from the roadway by a pavement
edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
or
(b) that portion of the road contiguous to the roadway for accommodation of stopped
vehicles, for emergency use, and for lateral support.
[
(66)
] 
(67)
 "Sidewalk" means that portion of a street between the curb lines, or the
lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
[
(67)
] 
(68)
 (a) "Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt
that is designated for the use of a bicycle.
(b) "Soft-surface trail" does not mean a trail:
(i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
federal law, regulation, or rule; or
(ii) located in whole or in part on land granted to the state or a political subdivision
subject to a conservation easement that prohibits the use of a motorized vehicle.
[
(68)
] 
(69)
 "Solid rubber tire" means a tire of rubber or other resilient material that
does not depend on compressed air for the support of the load.
[
(69)
] 
(70)
 "Stand" or "standing" means the temporary halting of a vehicle, whether
occupied or not, for the purpose of and while actually engaged in receiving or discharging
passengers.
[
(70)
] 
(71)
 "Stop" when required means complete cessation from movement.
[
(71)
] 
(72)
 "Stop" or "stopping" when prohibited means any halting even momentarily
of a vehicle, whether occupied or not, except when:
(a) necessary to avoid conflict with other traffic; or
(b) in compliance with the directions of a peace officer or traffic-control device.
[
(72)
] 
(73)
 "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain
type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
the requirements of Section 
41-6a-1509
 to operate on highways in the state in accordance with
Section 
41-6a-1509
.
[
(73)
] 
(74)
 "Tow truck operator" means the same as that term is defined in Section
72-9-102
.
[
(74)
] 
(75)
 "Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
[
(75)
] 
(76)
 "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
conveyances either singly or together while using any highway for the purpose of travel.
[
(76)
] 
(77)
 "Traffic signal preemption device" means an instrument or mechanism
designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
[
(77)
] 
(78)
 "Traffic-control device" means a sign, signal, marking, or device not
inconsistent with this chapter placed or erected by a highway authority for the purpose of
regulating, warning, or guiding traffic.
[
(78)
] 
(79)
 "Traffic-control signal" means a device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
[
(79)
] 
(80)
 (a) "Trailer" means a vehicle with or without motive power designed for
carrying persons or property and for being drawn by a motor vehicle and constructed so that no
part of its weight rests upon the towing vehicle.
(b) "Trailer" does not include a pole trailer.
[
(80)
] 
(81)
 "Truck" means a motor vehicle designed, used, or maintained primarily for
the transportation of property.
[
(81)
] 
(82)
 "Truck tractor" means a motor vehicle:
(a) designed and used primarily for drawing other vehicles; and
(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
tractor.
[
(82)
] 
(83)
 "Two-way left turn lane" means a lane:
(a) provided for vehicle operators making left turns in either direction;
(b) that is not used for passing, overtaking, or through travel; and
(c) that has been indicated by a lane traffic-control device that may include lane
markings.
[
(83)
] 
(84)
 "Urban district" means the territory contiguous to and including any street,
in which structures devoted to business, industry, or dwelling houses are situated at intervals of
less than 100 feet, for a distance of a quarter of a mile or more.
[
(84)
] 
(85)
 "Vehicle" means a device in, on, or by which a person or property is or may
be transported or drawn on a highway, except a mobile carrier, as defined in Section
41-6a-1120
, or a device used exclusively on stationary rails or tracks.
Section 6. 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 emissions inspection, or waiver of the certificate, more often
than required under Subsection (9); 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)
 A vehicle owner subject to Subsection (1) shall obtain a motor vehicle
emissions inspection and maintenance program certificate of emissions inspection as described
in Subsection (1), but the program may not deny vehicle registration based solely on the
presence of a defeat device covered in the Volkswagen partial consent decrees or a United
States Environmental Protection Agency-approved vehicle modification in the following
vehicles:
[
(a)
] 
(i)
 a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
emissions are mitigated in the state pursuant to a partial consent decree, including:
[
(i)
] 
(A)
 Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and
2015;
[
(ii)
] 
(B)
 Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013,
and 2014;
[
(iii)
] 
(C)
 Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
[
(iv)
] 
(D)
 Volkswagen Golf Sportwagen, model year 2015;
[
(v)
] 
(E)
 Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
[
(vi)
] 
(F)
 Volkswagen Beetle, model years 2013, 2014, and 2015;
[
(vii)
] 
(G)
 Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
[
(viii)
] 
(H)
 Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
[
(b)
] 
(ii)
 a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
emissions are mitigated in the state to a settlement, including:
[
(i)
] 
(A)
 Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015,
and 2016;
[
(ii)
] 
(B)
 Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
[
(iii)
] 
(C)
 Audi A6 Quattro, model years 2014, 2015, and 2016;
[
(iv)
] 
(D)
 Audi A7 Quattro, model years 2014, 2015, and 2016;
[
(v)
] 
(E)
 Audi A8, model years 2014, 2015, and 2016;
[
(vi)
] 
(F)
 Audi A8L, model years 2014, 2015, and 2016;
[
(vii)
] 
(G)
 Audi Q5, model years 2014, 2015, and 2016; and
[
(viii)
] 
(H)
 Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
(b) (i) An owner of a restored-modified vehicle subject to Subsection (1) shall obtain a
motor vehicle emissions inspection and maintenance program certificate of emissions
inspection as described in Subsection (1).
(ii) A county emissions program may not refuse to perform an emissions inspection or
indicate a failed emissions test of the vehicle based solely on a modification to the engine or
component of the motor vehicle if:
(A) the modification is not likely to result in the motor vehicle having increased
emissions relative to the emissions of the motor vehicle before the modification; and
(B) the motor vehicle modification is a change to an engine that is newer than the
engine with which the motor vehicle was originally equipped, or the engine includes
technology that increases the facility of the administration of an emissions test, such as an
on-board diagnostics system.
(iii) The first time an owner seeks to obtain an emissions inspection as a prerequisite to
registration of a restored-modified vehicle:
(A) the owner shall present the signed statement described in Subsection 
41-1a-226
(4);
and
(B) the county emissions program shall perform the emissions test.
(iv) If a motor vehicle is registered as a restored-modified vehicle and the registration
certificate is notated as described in Subsection 
41-1a-226
(4), a county emissions program may
not refuse to perform an emissions test based solely on the restored-modified status of the
motor vehicle.
(3) (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) In accordance with Subsection (3)(a), a county legislative body:
(i) shall make regulations or ordinances 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) shall comply 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:
(i) is decentralized, to the extent the decentralized program will attain and maintain
ambient air quality standards and meet federal requirements;
(ii) is 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) provides a reasonable phase-out period for replacement of air pollution emission
testing equipment made obsolete by the program.
(d) The provisions of Subsection (3)(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.
(4) The following vehicles are exempt from an emissions inspection program and the
provisions of this section:
(a) an implement of husbandry as defined in Section 
41-1a-102
;
(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
:
(i) if the vintage vehicle has a model year of 1980 or older; or
(ii) for a vintage vehicle that has a model year of 1981 or newer, if the owner provides
proof of vehicle insurance that is a type specific to a vehicle collector;
(d) a custom vehicle as defined in Section 
41-6a-1507
;
(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;
(f) a pickup truck, as defined in Section 
41-1a-102
, with a gross vehicle weight rating
of 12,000 pounds or less, 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;
(g) a motorcycle as defined in Section 
41-1a-102
;
(h) an electric motor vehicle as defined in Section 
41-1a-102
; and
(i) a motor vehicle with a model year of 1967 or older.
(5) The county shall issue to the registered owner who signs and submits a signed
statement under Subsection (4)(f) a certificate of exemption from emissions inspection
requirements for purposes of registering the exempt vehicle.
(6) A legislative body of a county described in Subsection (1) may exempt from an
emissions inspection program a diesel-powered motor vehicle with a:
(a) gross vehicle weight rating of more than 14,000 pounds; or
(b) model year of 1997 or older.
(7) The legislative body of a county required under federal law to utilize a motor
vehicle emissions inspection program shall require:
(a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
(i) a model year of 2007 or newer;
(ii) a gross vehicle weight rating of 14,000 pounds or less; and
(iii) a model year that is five years old or older; and
(b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
(i) with a gross vehicle weight rating of 14,000 pounds or less;
(ii) that has a model year of 1998 or newer; and
(iii) that has a model year that is five years old or older.
(8) (a) Subject to Subsection (8)(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 (8).
(c) The legislative body of a county shall make the reasons for implementing the
provisions of this Subsection (8) part of the record at the time that the county legislative body
takes its official action to implement the provisions of this Subsection (8).
(9) (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 regulations or ordinances made under Subsection (3).
(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 (9)(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 (9)(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 (9)(c)(iii), the establishment
or change shall take effect on January 1 if the State Tax Commission receives notice meeting
the requirements of Subsection (9)(c)(v) from the county before October 1.
(v) The notice described in Subsection (9)(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 (9)(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.
(10) (a) Except as provided in Subsections (9)(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.
(11) (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.
(12) 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 (9)(c) up to a $7.50 increase.
(13) (a) Except as provided in Subsection 
41-1a-1223
(1)(c), 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 may 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.
(c) A county that imposes a local emissions compliance fee may use revenues
generated from the fee to promote programs to maintain a local, state, or national ambient air
quality standard.
(14) (a) If a county has reason to believe that a vehicle owner has provided an address
as required in Section 
41-1a-209
 to register or attempt to register a motor vehicle in a county
other than the county of the bona fide residence of the owner in order to avoid an emissions
inspection required under this section, the county may investigate and gather evidence to
determine whether the vehicle owner has used a false address or an address other than the
vehicle owner's bona fide residence or place of business.
(b) If a county conducts an investigation as described in Subsection (14)(a) and
determines that the vehicle owner has used a false or improper address in an effort to avoid an
emissions inspection as required in this section, the county may impose a civil penalty of
$1,000.