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S.B. 5
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SPECIAL MOBILE EQUIPMENT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Peter C. Knudson
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AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN DEFINITIONS;
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PROVIDING FOR APPROVAL OF SPECIAL MOBILE EQUIPMENT STATUS; AMENDING
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CERTAIN REGISTRATION FEES; MAKING TECHNICAL CHANGES; AND PROVIDING
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AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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41-1a-102, as last amended by Chapters 264 and 339, Laws of Utah 1998
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41-1a-1206, as last amended by Chapter 262, Laws of Utah 1997
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ENACTS:
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41-1a-230, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-1a-102
is amended to read:
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41-1a-102. Definitions.
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As used in this chapter:
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(1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
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(2) "Actual weight" means the actual unladen weight of a vehicle or combination of
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vehicles as operated and certified to by a weighmaster.
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(3) "Affidavit of Mobile Home Affixture" means the affidavit of affixture described in
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Title 59, Chapter 2, Part 6, Mobile Homes.
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(4) "All-terrain type I vehicle" has the same meaning provided in Section
41-22-2
.
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(5) "All-terrain type II vehicle" has the same meaning provided in Section
41-22-2
.
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(6) "Amateur radio operator" means any person licensed by the Federal Communications
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Commission to engage in private and experimental two-way radio operation on the amateur band
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radio frequencies.
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(7) "Branded title" means a title certificate that is labeled:
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(a) rebuilt and restored to operation;
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(b) flooded and restored to operation; or
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(c) not restored to operation.
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(8) "Camper" means any structure designed, used, and maintained primarily to be mounted
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on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling,
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sleeping place, commercial space, or facilities for human habitation or for camping.
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(9) "Certificate of title" means a document issued by a jurisdiction to establish a record of
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ownership between an identified owner and the described vehicle, vessel, or outboard motor.
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(10) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
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weighmaster.
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(11) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
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maintained for the transportation of persons or property that operates:
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(a) as a carrier for hire, compensation, or profit; or
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(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
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owner's commercial enterprise.
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(12) "Commission" means the State Tax Commission.
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(13) "Dealer" means a person engaged or licensed to engage in the business of buying,
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selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
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conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place
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of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
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(14) "Division" means the Motor Vehicle Division of the commission, created in Section
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41-1a-106
.
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(15) "Essential parts" means all integral and body parts of a vehicle of a type required to
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be registered in this state, the removal, alteration, or substitution of which would tend to conceal
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the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.
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(16) "Farm tractor" means every motor vehicle designed and used primarily as a farm
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implement for drawing plows, mowing machines, and other implements of husbandry.
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(17) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for his
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own use in the transportation of:
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(i) farm products, including livestock and its products, poultry and its products,
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floricultural and horticultural products;
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(ii) farm supplies, including tile, fence, and every other thing or commodity used in
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agricultural, floricultural, horticultural, livestock, and poultry production; and
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(iii) livestock, poultry, and other animals and things used for breeding, feeding, or other
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purposes connected with the operation of a farm.
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(b) "Farm truck" does not include the operation of trucks by commercial processors of
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agricultural products.
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(18) "Fleet" means one or more commercial vehicles.
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(19) "Foreign vehicle" means a vehicle of a type required to be registered, brought into this
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state from another state, territory, or country other than in the ordinary course of business by or
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through a manufacturer or dealer, and not registered in this state.
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(20) "Gross laden weight" means the actual weight of a vehicle or combination of vehicles,
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equipped for operation, to which shall be added the maximum load to be carried.
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(21) "Highway" or "street" means the entire width between property lines of every way or
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place of whatever nature when any part of it is open to the public, as a matter of right, for purposes
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of vehicular traffic.
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(22) (a) "Identification number" means the identifying number assigned by the
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manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
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motor.
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(b) "Identification number" includes a vehicle identification number, state assigned
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identification number, hull identification number, and motor serial number.
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(23) "Implement of husbandry" means every vehicle designed or adapted and used
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exclusively for an agricultural operation and only incidentally operated or moved upon the
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highways.
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(24) (a) "In-state miles" means the total number of miles operated in this state during the
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preceding year by fleet power units.
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(b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
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total number of miles that those vehicles were towed on Utah highways during the preceding year.
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(25) "Interstate vehicle" means any commercial vehicle operated in more than one state,
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province, territory, or possession of the United States or foreign country.
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(26) "Jurisdiction" means a state, district, province, political subdivision, territory, or
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possession of the United States or any foreign country.
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(27) "Lienholder" means a person with a security interest in particular property.
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(28) "Manufactured home" means a transportable factory built housing unit constructed
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on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act
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of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or
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more in width or 40 body feet or more in length, or when erected on site, is 400 or more square
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feet, and which is built on a permanent chassis and designed to be used as a dwelling with or
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without a permanent foundation when connected to the required utilities, and includes the
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plumbing, heating, air-conditioning, and electrical systems.
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(29) "Manufacturer" means a person engaged in the business of constructing,
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manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard
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motors for the purpose of sale or trade.
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(30) "Mobile home" means a transportable factory built housing unit built prior to June
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15, 1976, in accordance with a state mobile home code which existed prior to the Federal
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Manufactured Housing and Safety Standards Act (HUD Code).
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(31) "Motorboat" has the same meaning as provided in Section
73-18-2
.
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(32) "Motorcycle" means a motor vehicle having a saddle for the use of the rider and
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designed to travel on not more than three wheels in contact with the ground.
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(33) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
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operation on the highways.
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(b) "Motor vehicle" does not include an off-highway vehicle.
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(34) (a) "Nonresident" means a person who is not a resident of this state as defined by
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Section
41-1a-202
, and who does not engage in intrastate business within this state and does not
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operate in that business any motor vehicle, trailer, or semitrailer within this state.
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(b) A person who engages in intrastate business within this state and operates in that
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business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
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interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
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considered a resident of this state, insofar as that vehicle is concerned in administering this chapter.
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(35) "Odometer" means a device for measuring and recording the actual distance a vehicle
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travels while in operation, but does not include any auxiliary odometer designed to be periodically
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reset.
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(36) "Off-highway implement of husbandry" has the same meaning as provided in Section
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41-22-2
.
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(37) "Off-highway vehicle" has the same meaning as provided in Section
41-22-2
.
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(38) "Operate" means to drive or be in actual physical control of a vehicle or to navigate
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a vessel.
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(39) "Outboard motor" means a detachable self-contained propulsion unit, excluding fuel
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supply, used to propel a vessel.
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(40) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle, vessel,
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or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security
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interest.
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(b) If a vehicle is the subject of an agreement for the conditional sale or installment sale
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or mortgage of the vehicle with the right of purchase upon performance of the conditions stated
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in the agreement and with an immediate right of possession vested in the conditional vendee or
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mortgagor, or if the vehicle is the subject of a security agreement, then the conditional vendee,
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mortgagor, or debtor is considered the owner for the purposes of this chapter.
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(c) If a vehicle is the subject of an agreement to lease, the lessor is considered the owner
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until the lessee exercises his option to purchase the vehicle.
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(41) "Personalized license plate" means a license plate that has displayed on it a
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combination of letters, numbers, or both as requested by the owner of the vehicle and assigned to
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the vehicle by the division.
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(42) (a) "Pickup truck" means a two-axle motor vehicle with motive power manufactured,
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remanufactured, or materially altered to provide an open cargo area.
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(b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
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camper, camper shell, tarp, removable top, or similar structure.
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(43) "Pneumatic tire" means every tire in which compressed air is designed to support the
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load.
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(44) "Preceding year" means a period of 12 consecutive months fixed by the division that
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is within 16 months immediately preceding the commencement of the registration or license year
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in which proportional registration is sought. The division in fixing the period shall conform it to
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the terms, conditions, and requirements of any applicable agreement or arrangement for the
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proportional registration of vehicles.
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(45) "Public garage" means every building or other place where vehicles or vessels are
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kept and stored and where a charge is made for the storage and keeping of vehicles and vessels.
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(46) "Reconstructed vehicle" means every vehicle of a type required to be registered in this
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state that is materially altered from its original construction by the removal, addition, or
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substitution of essential parts, new or used.
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(47) "Recreational vehicle" has the same meaning as provided in Section
13-14-102
.
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(48) "Registration" means a document issued by a jurisdiction that allows operation of a
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vehicle or vessel on the highways or waters of this state for the time period for which the
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registration is valid and that is evidence of compliance with the registration requirements of the
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jurisdiction.
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(49) (a) "Registration year" means a 12 consecutive month period commencing with the
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completion of all applicable registration criteria.
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(b) For administration of a multistate agreement for proportional registration the division
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may prescribe a different 12-month period.
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(50) "Repair or replacement" means the restoration of vehicles, vessels, or outboard motors
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to a sound working condition by substituting any inoperative part of the vehicle, vessel, or
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outboard motor, or by correcting the inoperative part.
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(51) "Road tractor" means every motor vehicle designed and used for drawing other
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vehicles and constructed so it does not carry any load either independently or any part of the weight
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of a vehicle or load that is drawn.
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(52) "Sailboat" has the same meaning as provided in Section
73-18-2
.
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(53) "Security interest" means an interest that is reserved or created by a security
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agreement to secure the payment or performance of an obligation and that is valid against third
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parties.
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(54) "Semitrailer" means every vehicle without motive power designed for carrying
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persons or property and for being drawn by a motor vehicle and constructed so that some part of
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its weight and its load rests or is carried by another vehicle.
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(55) "Special group license plate" means a type of license plate designed for a particular
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group of people or a license plate authorized and issued by the division in accordance with Section
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41-1a-408
.
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(56) (a) "Special interest vehicle" means a vehicle used for general transportation purposes
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and that is:
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(i) 20 years or older from the current year; or
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(ii) a make or model of motor vehicle recognized by the division director as having unique
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interest or historic value.
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(b) In making his determination under Subsection (56)(a), the division director shall give
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special consideration to:
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(i) a make of motor vehicle that is no longer manufactured;
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(ii) a make or model of motor vehicle produced in limited or token quantities;
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(iii) a make or model of motor vehicle produced as an experimental vehicle or one
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designed exclusively for educational purposes or museum display; or
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(iv) a motor vehicle of any age or make that has not been substantially altered or modified
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from original specifications of the manufacturer and because of its significance is being collected,
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preserved, restored, maintained, or operated by a collector or hobbyist as a leisure pursuit.
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(57) (a) "Special mobile equipment" means every vehicle:
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(i) not designed or used primarily for the transportation of persons or property;
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(ii) not designed to operate in traffic; and
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(iii) only incidentally operated or moved over the highways[, including].
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(b) "Special mobile equipment" includes:
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(i) farm tractors[, road];
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(ii) off-road motorized construction or maintenance [machinery,] equipment including
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backhoes, bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
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(iii) ditch-digging apparatus[, well-boring apparatus, and concrete mixers].
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(c) "Special mobile equipment" does not include a commercial vehicle as defined under
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Section
72-9-102
.
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(58) "Specially constructed vehicle" means every vehicle of a type required to be registered
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in this state, not originally constructed under a distinctive name, make, model, or type by a
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generally recognized manufacturer of vehicles, and not materially altered from its original
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construction.
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(59) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
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(60) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions
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during the preceding year by power units.
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(b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means the
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number of miles that those vehicles were towed on the highways of all jurisdictions during the
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preceding year.
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(61) "Trailer" means a vehicle without motive power designed for carrying persons or
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property and for being drawn by a motor vehicle and constructed so that no part of its weight rests
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upon the towing vehicle.
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(62) "Transferee" means a person to whom the ownership of property is conveyed by sale,
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gift, or any other means except by the creation of a security interest.
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(63) "Transferor" means a person who transfers his ownership in property by sale, gift, or
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any other means except by creation of a security interest.
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(64) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle
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without motive power, designed as a temporary dwelling for travel, recreational, or vacation use
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that does not require a special highway movement permit when drawn by a self-propelled motor
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vehicle.
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(65) "Truck tractor" means a motor vehicle designed and used primarily for drawing other
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vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load
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that is drawn.
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(66) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
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manufactured home, and mobile home.
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(67) "Vessel" has the same meaning as provided in Section
73-18-2
.
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(68) "Vintage vehicle" has the same meaning as provided in Section
41-21-1
.
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(69) "Waters of this state" has the same meaning as provided in Section
73-18-2
.
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(70) "Weighmaster" means a person, association of persons, or corporation permitted to
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weigh vehicles under this chapter.
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Section 2.
Section
41-1a-230
is enacted to read:
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41-1a-230. Special mobile equipment status.
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(1) "Special mobile equipment" status as defined under Section
41-1a-102
shall be
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approved by the Department of Transportation in consultation with the Motor Carrier Advisory
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Board created under Section
72-9-201
.
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(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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Department of Transportation in consultation with the State Tax Commission shall make rules
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establishing procedures for application, identification, approval, denial, and appeal of special
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mobile equipment status.
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Section 3.
Section
41-1a-1206
is amended to read:
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41-1a-1206. Registration fees -- Fees by gross laden weight.
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(1) Except as provided in Subsection (2), at the time application is made for registration
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or renewal of registration of a vehicle or combination of vehicles under this chapter, a registration
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fee shall be paid to the division as follows:
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(a) $22.50 for each motorcycle;
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(b) $21 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
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motorcycles;
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(c) unless the semitrailer or trailer is exempt from registration under Section
41-1a-202
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or is registered under Section
41-1a-301
:
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(i) $11 for each trailer or semitrailer over 750 pounds gross unladen weight; or
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(ii) $8.50 for each commercial trailer or commercial semitrailer of 750 pounds or less gross
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unladen weight;
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(d) (i) $33 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds gross
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laden weight; plus
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(ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight; and
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(e) (i) $49.50 for each motor vehicle or combination of motor vehicles, excluding farm
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trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
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(ii) $18.50 for each 2,000 pounds over 14,000 pounds gross laden weight.
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(2) The initial registration fee for a vintage vehicle is $20.
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(3) If a motor vehicle is operated in combination with a semitrailer or trailer, each motor
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vehicle shall register for the total gross laden weight of all units of the combination if the total
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gross laden weight of the combination exceeds 12,000 pounds.
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(4) (a) Registration fee categories under this section are based on the gross laden weight
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declared in the licensee's application for registration.
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(b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part of
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2,000 pounds is a full unit.
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(5) The owner of a commercial trailer or commercial semitrailer may, as an alternative to
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registering under Subsection (1)(c), apply for and obtain a special registration and license plate for
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a fee of $110.
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(6) Except as provided in Section
41-6-163.6
, a truck may not be registered as a farm truck
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unless:
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(a) the truck meets the definition of a farm truck under Section
41-1a-102
; and
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(b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
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(ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
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submits to the division a certificate of emissions inspection or a waiver in compliance with Section
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41-6-163.6
.
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(7) A violation of Subsection (6) is a class B misdemeanor that shall be punished by a fine
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of not less than $200.
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(8) Trucks used exclusively to pump cement, bore wells, or perform crane services with
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a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees required
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for those vehicles under this section.
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Section 4. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 11-18-99 10:59 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Transportation Interim Committee recommended this bill.
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