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S.B. 5 Enrolled
TRAFFIC CODE RECODIFICATION AND
REVISIONS
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: Sheldon L. Killpack
LONG TITLE
General Description:
This bill recodifies the Traffic Code.
Highlighted Provisions:
This bill:
. updates statutory language to conform to current legislative styles;
. renumbers sections and organizes parts; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an immediate effective date.
Utah Code Sections Affected:
AMENDS:
7-24-102, as enacted by Chapter 236, Laws of Utah 2003
13-20-2, as last amended by Chapter 12, Laws of Utah 2004
13-35-102, as last amended by Chapter 123, Laws of Utah 2004
17-43-201, as last amended by Chapters 80 and 228, Laws of Utah 2004
19-2-105, as renumbered and amended by Chapter 112, Laws of Utah 1991
19-2-105.3, as last amended by Chapter 28, Laws of Utah 1995
23-13-17, as enacted by Chapter 307, Laws of Utah 1993
26-1-30, as last amended by Chapter 284, Laws of Utah 2004
32A-1-115, as last amended by Chapter 307, Laws of Utah 2003
39-6-93, as enacted by Chapter 210, Laws of Utah 1988
41-1a-202, as last amended by Chapter 158, Laws of Utah 2003
41-1a-203, as last amended by Chapter 238, Laws of Utah 1998
41-1a-205, as last amended by Chapter 100, Laws of Utah 2002
41-1a-217, as last amended by Chapter 95, Laws of Utah 2004
41-1a-407, as last amended by Chapter 58, Laws of Utah 2003
41-1a-1101, as last amended by Chapter 202, Laws of Utah 2001
41-1a-1206, as last amended by Chapter 244, Laws of Utah 2000
41-3-303, as last amended by Chapter 234, Laws of Utah 1993
41-12a-202, as last amended by Chapter 335, Laws of Utah 2000
41-12a-301, as last amended by Chapter 165, Laws of Utah 2002
41-12a-501, as last amended by Chapter 282, Laws of Utah 1998
41-12a-502, as last amended by Chapter 20, Laws of Utah 1995
41-22-2, as last amended by Chapter 148, Laws of Utah 2002
41-22-10.2, as last amended by Chapter 138, Laws of Utah 1987
41-22-10.6, as enacted by Chapter 162, Laws of Utah 1987
41-22-16, as last amended by Chapter 282, Laws of Utah 1998
41-22-32, as last amended by Chapter 349, Laws of Utah 2004
53-1-106, as last amended by Chapter 131, Laws of Utah 2003
53-1-108, as last amended by Chapter 219, Laws of Utah 2002
53-1-109, as last amended by Chapters 282 and 285, Laws of Utah 1998
53-3-104, as last amended by Chapter 85, Laws of Utah 2001
53-3-105, as last amended by Chapter 85, Laws of Utah 2001
53-3-106, as last amended by Chapter 202, Laws of Utah 2001
53-3-202, as last amended by Chapter 51, Laws of Utah 1997
53-3-214, as renumbered and amended by Chapter 234, Laws of Utah 1993
53-3-218, as last amended by Chapters 131 and 156, Laws of Utah 2003
53-3-220, as last amended by Chapters 161 and 205, Laws of Utah 2004
53-3-222, as last amended by Chapter 155, Laws of Utah 1995
53-3-223, as last amended by Chapter 161, Laws of Utah 2004
53-3-223.5, as enacted by Chapter 298, Laws of Utah 2000
53-3-226, as last amended by Chapter 216, Laws of Utah 1999
53-3-227, as last amended by Chapter 205, Laws of Utah 2004
53-3-231, as last amended by Chapter 161, Laws of Utah 2004
53-3-232, as last amended by Chapter 161, Laws of Utah 2004
53-3-414, as last amended by Chapter 39, Laws of Utah 2001
53-3-418, as last amended by Chapter 161, Laws of Utah 2004
53-8-105, as last amended by Chapter 245, Laws of Utah 1995
53-8-202, as last amended by Chapter 242, Laws of Utah 1996
53-8-213, as last amended by Chapter 131, Laws of Utah 2003
53A-3-402, as last amended by Chapter 315, Laws of Utah 2003
53B-3-106, as enacted by Chapter 167, Laws of Utah 1987
58-20a-305, as last amended by Chapter 82, Laws of Utah 1997
58-67-305, as last amended by Chapter 85, Laws of Utah 2000
58-68-305, as last amended by Chapter 85, Laws of Utah 2000
58-71-305, as enacted by Chapter 282, Laws of Utah 1996
62A-15-105, as last amended by Chapter 228, Laws of Utah 2004
62A-15-502, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth Special
Session
63-2-304, as last amended by Chapters 223, 299 and 358, Laws of Utah 2004
63-30d-301, as enacted by Chapter 267, Laws of Utah 2004
63-55-241, as last amended by Chapter 90, Laws of Utah 2004
63-63a-1, as last amended by Chapter 156, Laws of Utah 2003
72-6-109, as last amended by Chapter 259, Laws of Utah 2003
72-6-114, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-107, as enacted by Chapter 88, Laws of Utah 1998
72-7-401, as last amended by Chapter 154, Laws of Utah 2002
72-7-403, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-407, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-9-501, as last amended by Chapter 185, Laws of Utah 2002
72-9-601, as last amended by Chapter 202, Laws of Utah 2001
72-9-602, as last amended by Chapter 202, Laws of Utah 2001
72-9-603, as last amended by Chapter 222, Laws of Utah 2003
72-10-501, as last amended by Chapter 106, Laws of Utah 2002
72-10-502, as last amended by Chapter 205, Laws of Utah 2004
72-12-110, as renumbered and amended by Chapter 270, Laws of Utah 1998
73-18-13, as last amended by Chapter 335, Laws of Utah 2000
73-18-15.5, as enacted by Chapter 200, Laws of Utah 2002
73-18-20, as last amended by Chapter 282, Laws of Utah 1998
73-18-20.1, as last amended by Chapter 202, Laws of Utah 2001
73-18a-15, as last amended by Chapter 99, Laws of Utah 1987
76-2-101, as last amended by Chapters 90 and 98, Laws of Utah 1983
76-5-207, as last amended by Chapter 228, Laws of Utah 2004
76-10-504, as last amended by Chapter 303, Laws of Utah 2000
76-10-528, as last amended by Chapter 205, Laws of Utah 2004
76-10-1506, as last amended by Chapter 268, Laws of Utah 2004
77-2-4.2, as enacted by Chapter 203, Laws of Utah 2004
77-2a-3.1, as enacted by Chapter 228, Laws of Utah 2004
77-7-18, as last amended by Chapter 270, Laws of Utah 1998
77-18-12, as last amended by Chapter 228, Laws of Utah 2004
78-3a-104, as last amended by Chapter 201, Laws of Utah 2004
78-18-1, as last amended by Chapter 164, Laws of Utah 2004
78-57-102, as last amended by Chapter 218, Laws of Utah 2004
ENACTS:
41-6a-501, Utah Code Annotated 1953
41-6a-503, Utah Code Annotated 1953
41-6a-504, Utah Code Annotated 1953
41-6a-505, Utah Code Annotated 1953
41-6a-506, Utah Code Annotated 1953
41-6a-507, Utah Code Annotated 1953
41-6a-508, Utah Code Annotated 1953
41-6a-509, Utah Code Annotated 1953
41-6a-512, Utah Code Annotated 1953
41-6a-521, Utah Code Annotated 1953
41-6a-522, Utah Code Annotated 1953
41-6a-523, Utah Code Annotated 1953
41-6a-524, Utah Code Annotated 1953
41-6a-1116, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
41-6a-101, (Renumbered from 41-6-175, Utah Code Annotated 1953)
41-6a-102, (Renumbered from 41-6-1, as last amended by Chapters 34 and 165, Laws of
Utah 2002)
41-6a-201, (Renumbered from 41-6-11, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-202, (Renumbered from 41-6-12, as last amended by Chapter 60, Laws of Utah
1993)
41-6a-203, (Renumbered from 41-6-164.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-204, (Renumbered from 41-6-165, Utah Code Annotated 1953)
41-6a-205, (Renumbered from 41-6-165.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-206, (Renumbered from 41-6-175.5, as enacted by Chapter 207, Laws of Utah
1975)
41-6a-207, (Renumbered from 41-6-16, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-208, (Renumbered from 41-6-17, as last amended by Chapter 85, Laws of Utah
2001)
41-6a-209, (Renumbered from 41-6-13, as last amended by Chapter 317, Laws of Utah
1998)
41-6a-210, (Renumbered from 41-6-13.5, as last amended by Chapter 134, Laws of Utah
2003)
41-6a-211, (Renumbered from 41-6-13.7, as last amended by Chapter 185, Laws of Utah
2002)
41-6a-212, (Renumbered from 41-6-14, as last amended by Chapter 168, Laws of Utah
2004)
41-6a-213, (Renumbered from 41-6-15, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-214, (Renumbered from 41-6-17.5, as last amended by Chapter 350, Laws of Utah
1999)
41-6a-215, (Renumbered from 41-6-18, as last amended by Chapter 33, Laws of Utah
1988)
41-6a-216, (Renumbered from 41-6-19, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-217, (Renumbered from 41-6-19.5, as last amended by Chapter 98, Laws of Utah
1999)
41-6a-301, (Renumbered from 41-6-20, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-302, (Renumbered from 41-6-21, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-303, (Renumbered from 41-6-20.1, as last amended by Chapters 66 and 120, Laws
of Utah 1994)
41-6a-304, (Renumbered from 41-6-23, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-305, (Renumbered from 41-6-24, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-306, (Renumbered from 41-6-25, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-307, (Renumbered from 41-6-26, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-308, (Renumbered from 41-6-26.5, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-309, (Renumbered from 41-6-27, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-310, (Renumbered from 41-6-1.5, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-311, (Renumbered from 41-6-28, as last amended by Chapter 57, Laws of Utah
2004)
41-6a-401, (Renumbered from 41-6-31, as last amended by Chapter 85, Laws of Utah
2001)
41-6a-402, (Renumbered from 41-6-35, as last amended by Chapter 85, Laws of Utah
2001)
41-6a-403, (Renumbered from 41-6-35.5, as last amended by Chapter 85, Laws of Utah
2001)
41-6a-404, (Renumbered from 41-6-40, as last amended by Chapters 19 and 244, Laws of
Utah 2003)
41-6a-405, (Renumbered from 41-6-39, as last amended by Chapter 85, Laws of Utah
2001)
41-6a-406, (Renumbered from 41-6-41, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-407, (Renumbered from 41-6-38, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-408, (Renumbered from 41-6-38.5, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-502, (Renumbered from 41-6-44, as last amended by Chapters 161, 205 and 228,
Laws of Utah 2004)
41-6a-510, (Renumbered from 41-6-43, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-511, (Renumbered from 41-6-43.7, as last amended by Chapter 3, Laws of Utah
2002, Fifth Special Session)
41-6a-513, (Renumbered from 41-6-43.8, as last amended by Chapter 228, Laws of Utah
2004)
41-6a-514, (Renumbered from 41-6-44.1, as enacted by Chapter 161, Laws of Utah 1987)
41-6a-515, (Renumbered from 41-6-44.3, as last amended by Chapter 205, Laws of Utah
2004)
41-6a-516, (Renumbered from 41-6-44.5, as last amended by Chapter 106, Laws of Utah
2002)
41-6a-517, (Renumbered from 41-6-44.6, as last amended by Chapter 8, Laws of Utah
2002)
41-6a-518, (Renumbered from 41-6-44.7, as last amended by Chapters 50 and 289, Laws
of Utah 2001)
41-6a-519, (Renumbered from 41-6-44.8, as last amended by Chapters 47 and 71, Laws
of Utah 1996)
41-6a-520, (Renumbered from 41-6-44.10, as last amended by Chapters 161 and 205,
Laws of Utah 2004)
41-6a-525, (Renumbered from 41-6-44.12, as last amended by Chapter 205, Laws of
Utah 2004)
41-6a-526, (Renumbered from 41-6-44.20, as last amended by Chapter 268, Laws of
Utah 2004)
41-6a-527, (Renumbered from 41-6-44.30, as last amended by Chapter 200, Laws of
Utah 2002)
41-6a-528, (Renumbered from 41-6-45, as last amended by Chapter 25, Laws of Utah
2000)
41-6a-601, (Renumbered from 41-6-46, as last amended by Chapter 49, Laws of Utah
1996)
41-6a-602, (Renumbered from 41-6-47, as last amended by Chapter 49, Laws of Utah
1996)
41-6a-603, (Renumbered from 41-6-48, as last amended by Chapter 270, Laws of Utah
1998)
41-6a-604, (Renumbered from 41-6-48.5, as last amended by Chapter 94, Laws of Utah
1998)
41-6a-605, (Renumbered from 41-6-49, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-606, (Renumbered from 41-6-51, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-607, (Renumbered from 41-6-52, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-608, (Renumbered from 41-6-52.5, as last amended by Chapter 343, Laws of Utah
1996)
41-6a-609, (Renumbered from 41-6-52.7, as enacted by Chapter 223, Laws of Utah 1998)
41-6a-701, (Renumbered from 41-6-53, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-702, (Renumbered from 41-6-53.5, as last amended by Chapter 74, Laws of Utah
2002)
41-6a-703, (Renumbered from 41-6-54, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-704, (Renumbered from 41-6-55, as last amended by Chapter 74, Laws of Utah
2002)
41-6a-705, (Renumbered from 41-6-56, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-706, (Renumbered from 41-6-57, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-707, (Renumbered from 41-6-58, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-708, (Renumbered from 41-6-59, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-709, (Renumbered from 41-6-60, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-710, (Renumbered from 41-6-61, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-711, (Renumbered from 41-6-62, as last amended by Chapter 16, Laws of Utah
2000)
41-6a-712, (Renumbered from 41-6-63.10, as last amended by Chapters 135 and 138,
Laws of Utah 1987)
41-6a-713, (Renumbered from 41-6-63.30, as last amended by Chapter 174, Laws of
Utah 2004)
41-6a-714, (Renumbered from 41-6-64, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-715, (Renumbered from 41-6-65, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-801, (Renumbered from 41-6-66, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-802, (Renumbered from 41-6-67, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-803, (Renumbered from 41-6-68, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-804, (Renumbered from 41-6-69, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-901, (Renumbered from 41-6-72, as last amended by Chapter 31, Laws of Utah
1990)
41-6a-902, (Renumbered from 41-6-72.10, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-903, (Renumbered from 41-6-73, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-904, (Renumbered from 41-6-76, as last amended by Chapter 45, Laws of Utah
2002)
41-6a-905, (Renumbered from 41-6-76.10, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-906, (Renumbered from 41-6-99, as enacted by Chapter 242, Laws of Utah 1979)
41-6a-1001, (Renumbered from 41-6-77, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1002, (Renumbered from 41-6-78, as last amended by Chapter 91, Laws of Utah
1992)
41-6a-1003, (Renumbered from 41-6-79, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1004, (Renumbered from 41-6-79.10, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1005, (Renumbered from 41-6-79.20, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1006, (Renumbered from 41-6-80, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1007, (Renumbered from 41-6-80.1, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1008, (Renumbered from 41-6-80.5, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1009, (Renumbered from 41-6-82, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1010, (Renumbered from 41-6-82.10, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1011, (Renumbered from 41-6-82.50, as enacted by Chapter 98, Laws of Utah
1987)
41-6a-1101, (Renumbered from 41-6-83, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1102, (Renumbered from 41-6-84, as last amended by Chapter 59, Laws of Utah
1997)
41-6a-1103, (Renumbered from 41-6-85, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1104, (Renumbered from 41-6-86, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1105, (Renumbered from 41-6-87, as last amended by Chapter 44, Laws of Utah
2001)
41-6a-1106, (Renumbered from 41-6-87.3, as last amended by Chapter 44, Laws of Utah
2001)
41-6a-1107, (Renumbered from 41-6-87.4, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1108, (Renumbered from 41-6-87.5, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1109, (Renumbered from 41-6-87.7, as last amended by Chapter 44, Laws of Utah
2001)
41-6a-1110, (Renumbered from 41-6-87.8, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1111, (Renumbered from 41-6-87.9, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1112, (Renumbered from 41-6-88, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1113, (Renumbered from 41-6-89, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1114, (Renumbered from 41-6-90, as last amended by Chapter 44, Laws of Utah
2001)
41-6a-1115, (Renumbered from 41-6-90.5, as last amended by Chapter 165, Laws of
Utah 2002)
41-6a-1201, (Renumbered from 41-6-93, Utah Code Annotated 1953)
41-6a-1202, (Renumbered from 41-6-94, Utah Code Annotated 1953)
41-6a-1203, (Renumbered from 41-6-95, as last amended by Chapter 37, Laws of Utah
1997)
41-6a-1204, (Renumbered from 41-6-95.5, as enacted by Chapter 33, Laws of Utah 1978)
41-6a-1205, (Renumbered from 41-6-97, as last amended by Chapter 39, Laws of Utah
2001)
41-6a-1206, (Renumbered from 41-6-98, as last amended by Chapter 39, Laws of Utah
2001)
41-6a-1301, (Renumbered from 41-6-140.10, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1302, (Renumbered from 41-6-100.10, as last amended by Chapter 29, Laws of
Utah 2000)
41-6a-1303, (Renumbered from 41-6-100.15, as last amended by Chapter 85, Laws of
Utah 2001)
41-6a-1304, (Renumbered from 41-6-115, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1305, (Renumbered from 41-6-116, as last amended by Chapter 242, Laws of Utah
1979)
41-6a-1306, (Renumbered from 41-6-116.1, as enacted by Chapter 334, Laws of Utah
1996)
41-6a-1307, (Renumbered from 41-6-103.5, as last amended by Chapter 41, Laws of
Utah 2003)
41-6a-1401, (Renumbered from 41-6-103, as last amended by Chapters 235 and 282,
Laws of Utah 1998)
41-6a-1402, (Renumbered from 41-6-104, as last amended by Chapter 33, Laws of Utah
1978)
41-6a-1403, (Renumbered from 41-6-105, as last amended by Chapter 112, Laws of Utah
1969)
41-6a-1404, (Renumbered from 41-6-101, as last amended by Chapter 33, Laws of Utah
1978)
41-6a-1405, (Renumbered from 41-6-102, as last amended by Chapter 202, Laws of Utah
2001)
41-6a-1406, (Renumbered from 41-6-102.5, as last amended by Chapter 91, Laws of
Utah 2003)
41-6a-1407, (Renumbered from 41-6-102.7, as enacted by Chapter 202, Laws of Utah
2001)
41-6a-1408, (Renumbered from 41-6-116.10, as last amended by Chapters 85 and 202,
Laws of Utah 2001)
41-6a-1501, (Renumbered from 41-6-107, as last amended by Chapter 113, Laws of Utah
1969)
41-6a-1502, (Renumbered from 41-6-107.2, as last amended by Chapter 162, Laws of
Utah 1987)
41-6a-1503, (Renumbered from 41-6-107.4, as enacted by Chapter 113, Laws of Utah
1969)
41-6a-1504, (Renumbered from 41-6-107.6, as enacted by Chapter 113, Laws of Utah
1969)
41-6a-1505, (Renumbered from 41-6-107.8, as last amended by Chapter 165, Laws of
Utah 2002)
41-6a-1506, (Renumbered from 41-6-154.50, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1507, (Renumbered from 41-6-155.5, as enacted by Chapter 73, Laws of Utah
2000)
41-6a-1508, (Renumbered from 41-6-117.6, as enacted by Chapter 34, Laws of Utah
2002)
41-6a-1601, (Renumbered from 41-6-117, as last amended by Chapter 162, Laws of Utah
1987)
41-6a-1602, (Renumbered from 41-6-117.5, as last amended by Chapter 282, Laws of
Utah 1998)
41-6a-1603, (Renumbered from 41-6-118, as last amended by Chapter 242, Laws of Utah
1979)
41-6a-1604, (Renumbered from 41-6-119, as last amended by Chapter 242, Laws of Utah
1979)
41-6a-1605, (Renumbered from 41-6-127, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1606, (Renumbered from 41-6-128, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1607, (Renumbered from 41-6-129, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1608, (Renumbered from 41-6-130, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1609, (Renumbered from 41-6-130.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1610, (Renumbered from 41-6-131, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1611, (Renumbered from 41-6-133, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1612, (Renumbered from 41-6-133.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1613, (Renumbered from 41-6-135, as last amended by Chapter 50, Laws of Utah
1991)
41-6a-1614, (Renumbered from 41-6-135.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1615, (Renumbered from 41-6-138, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1616, (Renumbered from 41-6-140, as last amended by Chapter 44, Laws of Utah
2001)
41-6a-1617, (Renumbered from 41-6-140.20, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1618, (Renumbered from 41-6-141, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1619, (Renumbered from 41-6-141.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1620, (Renumbered from 41-6-143, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1621, (Renumbered from 41-6-143.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1622, (Renumbered from 41-6-144, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1623, (Renumbered from 41-6-145, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1624, (Renumbered from 41-6-145.5, as last amended by Chapter 362, Laws of
Utah 2004)
41-6a-1625, (Renumbered from 41-6-146, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1626, (Renumbered from 41-6-147, as last amended by Chapter 94, Laws of Utah
1992)
41-6a-1627, (Renumbered from 41-6-148, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1628, (Renumbered from 41-6-148.10, as enacted by Chapter 86, Laws of Utah
1961)
41-6a-1629, (Renumbered from 41-6-148.29, as last amended by Chapter 47, Laws of
Utah 2001)
41-6a-1630, (Renumbered from 41-6-148.31, as last amended by Chapter 47, Laws of
Utah 2001)
41-6a-1631, (Renumbered from 41-6-148.32, as last amended by Chapter 47, Laws of
Utah 2001)
41-6a-1632, (Renumbered from 41-6-148.33, as last amended by Chapter 47, Laws of
Utah 2001)
41-6a-1633, (Renumbered from 41-6-150.10, as last amended by Chapter 47, Laws of
Utah 2001)
41-6a-1634, (Renumbered from 41-6-148.40, as enacted by Chapter 86, Laws of Utah
1961)
41-6a-1635, (Renumbered from 41-6-149, as last amended by Chapter 25, Laws of Utah
2002)
41-6a-1636, (Renumbered from 41-6-150, as last amended by Chapter 270, Laws of Utah
1981)
41-6a-1637, (Renumbered from 41-6-152, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1638, (Renumbered from 41-6-153, as last amended by Chapter 282, Laws of Utah
1998)
41-6a-1639, (Renumbered from 41-6-154, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1640, (Renumbered from 41-6-154.10, as enacted by Chapter 71, Laws of Utah
1955)
41-6a-1641, (Renumbered from 41-6-154.20, as last amended by Chapter 140, Laws of
Utah 1995)
41-6a-1642, (Renumbered from 41-6-163.6, as last amended by Chapter 143, Laws of
Utah 2002)
41-6a-1643, (Renumbered from 41-6-163.7, as last amended by Chapter 37, Laws of
Utah 1995)
41-6a-1644, (Renumbered from 41-6-163.8, as last amended by Chapter 20, Laws of
Utah 1995)
41-6a-1701, (Renumbered from 41-6-106, as last amended by Chapter 207, Laws of Utah
1975)
41-6a-1702, (Renumbered from 41-6-106.10, as last amended by Chapter 44, Laws of
Utah 2001)
41-6a-1703, (Renumbered from 41-6-108, Utah Code Annotated 1953)
41-6a-1704, (Renumbered from 41-6-108.10, as enacted by Chapter 207, Laws of Utah
1975)
41-6a-1705, (Renumbered from 41-6-109, as last amended by Chapter 33, Laws of Utah
1978)
41-6a-1706, (Renumbered from 41-6-109.5, as last amended by Chapter 53, Laws of
Utah 1996)
41-6a-1707, (Renumbered from 41-6-109.10, as enacted by Chapter 207, Laws of Utah
1975)
41-6a-1708, (Renumbered from 41-6-110, as last amended by Chapter 207, Laws of Utah
1975)
41-6a-1709, (Renumbered from 41-6-111, as last amended by Chapter 207, Laws of Utah
1975)
41-6a-1710, (Renumbered from 41-6-112, as last amended by Chapter 207, Laws of Utah
1975)
41-6a-1711, (Renumbered from 41-6-113, as last amended by Chapter 33, Laws of Utah
1978)
41-6a-1712, (Renumbered from 41-6-114, as last amended by Chapters 270 and 282,
Laws of Utah 1998)
41-6a-1713, (Renumbered from 41-6-114.1, as last amended by Chapters 33 and 241,
Laws of Utah 1991)
41-6a-1714, (Renumbered from 41-6-114.2, as last amended by Chapter 242, Laws of
Utah 1979)
41-6a-1801, (Renumbered from 41-6-181, as last amended by Chapter 5, Laws of Utah
1991)
41-6a-1802, (Renumbered from 41-6-181.5, as enacted by Chapter 153, Laws of Utah
2000)
41-6a-1803, (Renumbered from 41-6-182, as repealed and reenacted by Chapter 153,
Laws of Utah 2000)
41-6a-1804, (Renumbered from 41-6-183, as last amended by Chapter 153, Laws of Utah
2000)
41-6a-1805, (Renumbered from 41-6-185, as last amended by Chapter 109, Laws of Utah
2002)
41-6a-1806, (Renumbered from 41-6-186, as last amended by Chapter 153, Laws of Utah
2000)
77-7-24, (Renumbered from 41-6-167, as last amended by Chapter 282, Laws of Utah
1998)
77-7-25, (Renumbered from 41-6-173, as last amended by Chapter 161, Laws of Utah
2004)
77-7-26, (Renumbered from 41-6-172, as last amended by Chapter 282, Laws of Utah
1998)
REPEALS:
41-6-22, as last amended by Chapter 174, Laws of Utah 2004
41-6-29, as last amended by Chapter 44, Laws of Utah 1999
41-6-30, as last amended by Chapter 44, Laws of Utah 1999
41-6-32, as last amended by Chapter 44, Laws of Utah 1999
41-6-37, as last amended by Chapter 85, Laws of Utah 2001
41-6-42, as last amended by Chapter 85, Laws of Utah 2001
41-6-43.5, as last amended by Chapter 200, Laws of Utah 2002
41-6-50, as last amended by Chapter 138, Laws of Utah 1987
41-6-70, as last amended by Chapter 138, Laws of Utah 1987
41-6-71, as last amended by Chapter 44, Laws of Utah 2001
41-6-75, as last amended by Chapter 138, Laws of Utah 1987
41-6-75.5, as last amended by Chapter 16, Laws of Utah 2000
41-6-120, as enacted by Chapter 242, Laws of Utah 1979
41-6-121.10, as last amended by Chapter 63, Laws of Utah 1986
41-6-122, as enacted by Chapter 242, Laws of Utah 1979
41-6-132, as enacted by Chapter 242, Laws of Utah 1979
41-6-139, as last amended by Chapter 242, Laws of Utah 1979
41-6-142, as enacted by Chapter 242, Laws of Utah 1979
41-6-155, as last amended by Chapters 30 and 111, Laws of Utah 1992
41-6-166, as last amended by Chapter 30, Laws of Utah 1992
41-6-168, as last amended by Chapters 183 and 187, Laws of Utah 1983
41-6-169, as last amended by Chapter 282, Laws of Utah 1998
41-6-170, Utah Code Annotated 1953
41-6-171, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
7-24-102
is amended to read:
7-24-102. Definitions.
As used in this chapter:
(1) "Rollover" means the extension or renewal of the term of a title loan.
(2) (a) "Title lender" means a person that extends a title loan.
(b) "Title lender" includes a person that:
(i) arranges a title loan on behalf of a title lender;
(ii) acts as an agent for a title lender; or
(iii) assists a title lender in the extension of a title loan.
(3) (a) "Title loan" means a loan secured by the title to a:
(i) motor vehicle, as defined in Section [
41-6-1
]
41-6a-102
;
(ii) mobile home, as defined in Section
[
41-6-1
]
41-6a-102
; or
(iii) motorboat, as defined in Section
73-18-2
.
(b) "Title loan" includes a title loan extended at the same premise on which any of the
following are sold:
(i) a motor vehicle, as defined in Section [
41-6-1
]
41-6a-102
;
(ii) a mobile home, as defined in Section [
41-6-1
]
41-6a-102
; or
(iii) a motorboat, as defined in Section
73-18-2
.
(c) "Title loan" does not include:
(i) a purchase money loan;
(ii) a loan made in connection with the sale of a:
(A) motor vehicle, as defined in Section [
41-6-1
]
41-6a-102
;
(B) mobile home, as defined in Section [
41-6-1
]
41-6a-102
; or
(C) motorboat, as defined in Section
73-18-2
; or
(iii) a loan extended by an institution listed in Section
7-24-305
.
Section 2.
Section
13-20-2
is amended to read:
13-20-2. Definitions.
As used in this chapter:
(1) "Consumer" means an individual who has entered into an agreement or contract for
the transfer, lease, or purchase of a new motor vehicle other than for purposes of resale, or
sublease, during the duration of the period defined under Section
13-20-5
.
(2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named
as the warrantor on an express written warranty on a motor vehicle.
(3) "Motor home" means a self-propelled vehicular unit, primarily designed as a
temporary dwelling for travel, recreational, and vacation use.
(4) (a) "Motor vehicle" includes:
(i) a motor home, as defined in this section, but only the self-propelled vehicle and
chassis sold in this state;
(ii) a motor vehicle, as defined in Section
41-1a-102
, sold in this state; and
(iii) a motorcycle, as defined in Section
41-1a-102
, sold in this state if the motorcycle is
designed primarily for use and operation on paved highways.
(b) "Motor vehicle" does not include:
(i) those portions of a motor home designated, used, or maintained primarily as a mobile
dwelling, office, or commercial space;
(ii) farm tractor, road tractor, or truck tractor as defined in Section
41-1a-102
;
(iii) mobile home as defined in Section
41-1a-102
;
(iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a motor
home as defined under Subsection (3);
(v) a motorcycle, as defined in Section
41-1a-102
, if the motorcycle is designed primarily
for use or operation over unimproved terrain;
(vi) an electric assisted bicycle as defined in Section [
41-1a-102
]
41-6a-102
;
(vii) a moped as defined in Section [
41-6-1
]
41-6a-102
;
(viii) a motor assisted scooter as defined in Section [
41-6-1
]
41-6a-102
; or
(ix) a motor-driven cycle as defined in Section [
41-6-1
]
41-6a-102
.
Section 3.
Section
13-35-102
is amended to read:
13-35-102. Definitions.
As used in this chapter:
(1) "Board" means the Utah Powersport Vehicle Franchise Advisory Board created in
Section
13-35-103
.
(2) "Dealership" means a site or location in this state:
(a) at which a franchisee conducts the business of a new powersport vehicle dealer; and
(b) that is identified as a new powersport vehicle dealer's principal place of business for
registration purposes under Section
13-35-105
.
(3) "Department" means the Department of Commerce.
(4) "Executive director" means the executive director of the Department of Commerce.
(5) "Franchise" or "franchise agreement" means a written agreement, for a definite or
indefinite period, in which:
(a) a person grants to another person a license to use a trade name, trademark, service
mark, or related characteristic; and
(b) a community of interest exists in the marketing of new powersport vehicles, new
powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at
wholesale or retail.
(6) "Franchisee" means a person with whom a franchisor has agreed or permitted, in
writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured,
produced, represented, or distributed by the franchisor.
(7) (a) "Franchisor" means a person who has, in writing or in practice, agreed with or
permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured,
produced, represented, or distributed by the franchisor, and includes:
(i) the manufacturer or distributor of the new powersport vehicles;
(ii) an intermediate distributor;
(iii) an agent, officer, or field or area representative of the franchisor; and
(iv) a person who is affiliated with a manufacturer or a representative or who directly or
indirectly through an intermediary is controlled by, or is under common control with the
manufacturer.
(b) For purposes of Subsection (7)(a)(iv), a person is controlled by a manufacturer if the
manufacturer has the authority directly or indirectly by law or by an agreement of the parties, to
direct or influence the management and policies of the person.
(8) "Lead" means the referral by a franchisor to a franchisee of an actual or potential
customer for the purchase or lease of a new powersport vehicle, or for service work related to the
franchisor's vehicles.
(9) "Line-make" means the powersport vehicles that are offered for sale, lease, or
distribution under a common name, trademark, service mark, or brand name of the franchisor, or
manufacturer of the powersport vehicle.
(10) (a) "Powersport vehicle" means:
(i) an all-terrain type I or type II vehicle "ATV" defined in Section
41-22-2
;
(ii) a snowmobile as defined in Section
41-22-2
;
(iii) a motorcycle as defined in Section
41-1a-102
;
(iv) a personal watercraft as defined in Section
73-18-2
;
(v) except as provided in Subsection (10)(b), a motor-driven cycle as defined in Section
[
41-6-1
]
41-6a-102
; or
(vi) a moped as defined in Section [
41-6-1
]
41-6a-102
.
(b) "Powersport vehicle" does not include:
(i) an electric assisted bicycle defined in Section [
41-6-1
]
41-6a-102
;
(ii) a motor assisted scooter as defined in Section [
41-6-1
]
41-6a-102
; or
(iii) a personal motorized mobility device as defined in Section [
41-6-1
]
41-6a-102
.
(11) "New powersport vehicle dealer" means a person who is engaged in the business of
buying, selling, offering for sale, or exchanging new powersport vehicles either outright or on
conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place of
business for the sale, lease, trade, or display of powersport vehicles.
(12) "Notice" or "notify" includes both traditional written communications and all
reliable forms of electronic communication unless expressly prohibited by statute or rule.
(13) "Relevant market area" means:
(a) the county in which a powersport dealership is to be established or relocated; and
(b) the area within a 15-mile radius from the site of the new or relocated dealership.
(14) "Sale, transfer, or assignment" means any disposition of a franchise or an interest in
a franchise, with or without consideration, including a bequest, inheritance, gift, exchange, lease,
or license.
(15) "Serve" or "served," unless expressly indicated otherwise by statute or rule, includes
any reliable form of communication.
(16) "Written," "write," "in writing," or other variations of those terms shall include all
reliable forms of electronic communication.
Section 4.
Section
17-43-201
is amended to read:
17-43-201. Local substance abuse authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of government
under Section
17-52-504
, the county legislative body is the local substance abuse authority,
provided however that any contract for plan services shall be administered by the county
executive.
(ii) In each county operating under a council-manager form of government under Section
17-52-505
, the county manager is the local substance abuse authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local substance abuse authority.
(b) Within legislative appropriations and county matching funds required by this section,
and under the policy direction of the board and the administrative direction of the division, each
local substance abuse authority shall:
(i) develop substance abuse prevention and treatment services plans; and
(ii) provide substance abuse services to residents of the county.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to provide substance abuse prevention and
treatment services.
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of substance abuse services.
(c) Each agreement for joint substance abuse services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as the
treasurer for the combined substance abuse authorities and as the custodian of moneys available
for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the moneys for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined substance abuse
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined substance abuse
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting actions
within their counties relating to the combined substance abuse authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement, personnel,
and administrative policies as already established by one of the participating counties or as
approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint substance abuse services may provide for joint operation of
services and facilities or for operation of services and facilities under contract by one
participating local substance abuse authority for other participating local substance abuse
authorities.
(3) (a) Each local substance abuse authority is accountable to the department, the
Department of Health, and the state with regard to the use of state and federal funds received
from those departments for substance abuse services, regardless of whether the services are
provided by a private contract provider.
(b) Each local substance abuse authority shall comply, and require compliance by its
contract provider, with all directives issued by the department and the Department of Health
regarding the use and expenditure of state and federal funds received from those departments for
the purpose of providing substance abuse programs and services. The department and
Department of Health shall ensure that those directives are not duplicative or conflicting, and
shall consult and coordinate with local substance abuse authorities with regard to programs and
services.
(4) Each local substance abuse authority shall:
(a) review and evaluate substance abuse prevention and treatment needs and services,
including substance abuse needs and services for individuals incarcerated in a county jail or other
county correctional facility;
(b) annually prepare and submit to the division a plan approved by the county legislative
body for funding and service delivery that includes:
(i) provisions for services, either directly by the substance abuse authority or by contract,
for adults, youth, and children, including those incarcerated in a county jail or other county
correctional facility; and
(ii) primary prevention, targeted prevention, early intervention, and treatment services;
(c) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full or part time director for substance abuse
programs, and prescribe the director's duties;
(e) provide input and comment on new and revised policies established by the board;
(f) establish and require contract providers to establish administrative, clinical,
procurement, personnel, financial, and management policies regarding substance abuse services
and facilities, in accordance with the policies of the board, and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the division to provide substance abuse programs and services
in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and Mental Health
Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(j) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(k) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts
Act, and Title 51, Chapter [2, Audits of] 2a, Accounting Reports from Political Subdivisions,
Interlocal Organizations and Other Local Entities Act;
(m) for persons convicted of driving under the influence in violation of [Subsection
41-6-44
(2) or Section
41-6-44.6
] Section
41-6a-502
or
41-6a-517
, conduct the following as
defined in Section [
41-6-44
]
41-6a-501
:
(i) a screening;
(ii) an assessment;
(iii) an educational series; and
(iv) substance abuse treatment; and
(n) utilize proceeds of the accounts described in Subsection
62A-15-503
(1) to
supplement the cost of providing the services described in Subsection (4)(m).
(5) Before disbursing any public funds, each local substance abuse authority shall require
that each entity that receives any public funds from the local substance abuse authority agrees in
writing that:
(a) the entity's financial records and other records relevant to the entity's performance of
the services provided to the local substance abuse authority shall be subject to examination by:
(i) the division;
(ii) the local substance abuse authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide substance abuse services under an agreement
under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative body,
the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local substance abuse
authority; and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) A local substance abuse authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for substance abuse services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(7) (a) As used in this section, "public funds" means the same as that term is defined in
Section
17-43-203
.
(b) Public funds received for the provision of services pursuant to the local substance
abuse plan may not be used for any other purpose except those authorized in the contract between
the local substance abuse authority and the provider for the provision of plan services.
Section 5.
Section
19-2-105
is amended to read:
19-2-105. Duties of board.
The board, in conjunction with the governing body of each county identified in Section
[
41-6-163.7
]
41-6a-1643
and other interested parties, shall perform an evaluation of the
inspection and maintenance program developed under Section [
41-6-163.7
]
41-6a-1643
including issues relating to:
(1) the implementation of a standardized inspection and maintenance program;
(2) out-of-state registration of vehicles used in Utah;
(3) out-of-county registration of vehicles used within the areas required to have an
inspection and maintenance program;
(4) use of the farm truck exemption;
(5) mechanic training programs;
(6) emissions standards; and
(7) emissions waivers.
Section 6.
Section
19-2-105.3
is amended to read:
19-2-105.3. Clean fuel requirements for fleets.
(1) As used in this section:
(a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
(b) "Clean fuel" means:
(i) propane, compressed natural gas, or electricity;
(ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation Act,
determines annually on or before July 1 is at least as effective as fuels under Subsection (1)(b)(i)
in reducing air pollution; and
(iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act.
(c) "Fleet" means ten or more vehicles:
(i) owned or operated by a single entity as defined by board rule; and
(ii) capable of being fueled or that are fueled at a central location.
(d) "Fleet" does not include motor vehicles that are:
(i) held for lease or rental to the general public;
(ii) held for sale or used as demonstration vehicles by motor vehicle dealers;
(iii) used by motor vehicle manufacturers for product evaluations or tests;
(iv) authorized emergency vehicles as defined in Section [
41-6-1
]
41-6a-102
;
(v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles;
(vi) special mobile equipment as defined in Section
41-1a-102
;
(vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds;
(viii) regularly used by employees to drive to and from work, parked at the employees'
personal residences when they are not at their employment, and not practicably fueled at a central
location;
(ix) owned, operated, or leased by public transit districts; or
(x) exempted by board rule.
(2) (a) After evaluation of reasonably available pollution control strategies, and as part of
the state implementation plan demonstrating attainment of the national ambient air quality
standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified
geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
(i) necessary to demonstrate attainment of the national ambient air quality standards in
any area where they are required; and
(ii) reasonably cost effective when compared to other similarly beneficial control
strategies for demonstrating attainment of the national ambient air quality standards.
(b) State implementation plans developed prior to July 1, 1995, may require fleets to use
clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels is
necessary prior to July 1, 1995, to demonstrate attainment of the national ambient air quality
standards in any area by an attainment date established by federal law.
(c) The board may not require more than 50% of those trucks in a fleet that are heavy
duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
26,000 pounds to convert to clean fuels under Subsection (2)(b).
(3) (a) After evaluation of reasonably available pollution control strategies, and as part of
a state implementation plan demonstrating only maintenance of the national ambient air quality
standards, the board may by rule, subject to Subsection (3)(b), require fleets in specified
geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
(i) necessary to demonstrate maintenance of the national ambient air quality standards in
any area where they are required; and
(ii) reasonably cost effective as compared with other similarly beneficial control
strategies for demonstrating maintenance of the national ambient air quality standards.
(b) Under Subsection (3)(a) the board may require no more than:
(i) 30% of a fleet to use clean fuels before January 1, 1998;
(ii) 50% of a fleet to use clean fuels before January 1, 1999; and
(iii) 70% of a fleet to use clean fuels before January 1, 2000.
(c) The board may not require more than 50% of those trucks in a fleet that are heavy
duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
26,000 pounds to convert to clean fuels under Subsection (3)(b).
(4) Rules the board makes under this section may include:
(a) dates by which fleets are required to convert to clean fuels under the provisions of
this section;
(b) definitions of fleet owners or operators;
(c) definitions of vehicles exempted from this section by rule;
(d) certification requirements for persons who install clean fuel conversion equipment,
including testing and certification standards regarding installers; and
(e) certification fees for installers, established under Section
63-38-3.2
.
(5) Implementation of this section and rules made under this section are subject to the
reasonable availability of clean fuel in the local market as determined by the board.
Section 7.
Section
23-13-17
is amended to read:
23-13-17. Spotlighting of coyote, red fox, striped skunk, and raccoon -- County
ordinances - Permits.
(1) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon where
allowed by a county ordinance enacted pursuant to this section.
(2) The ordinance shall provide that:
(a) any artificial light used to spotlight coyote, red fox, striped skunk, or raccoon must be
carried by the hunter;
(b) a motor vehicle headlight or light attached to or powered by a motor vehicle may not
be used to spotlight the animal; and
(c) while hunting with the use of an artificial light, the hunter may not occupy or operate
any motor vehicle.
(3) For purposes of the county ordinance, "motor vehicle" shall have the meaning as
defined in Section [
41-6-1
]
41-6a-102
.
(4) The ordinance may specify:
(a) the time of day and seasons when spotlighting is permitted;
(b) areas closed or open to spotlighting within the unincorporated area of the county;
(c) safety zones within which spotlighting is prohibited;
(d) the weapons permitted; and
(e) penalties for violation of the ordinance.
(5) (a) A county may restrict the number of hunters engaging in spotlighting by requiring
a permit to spotlight and issuing a limited number of permits.
(b) (i) A fee may be charged for a spotlighting permit.
(ii) Any permit fee shall be established by the county ordinance.
(iii) Revenues generated by the permit fee shall be remitted to the Division of Wildlife
Resources for deposit into the Wildlife Resources Account, except the Wildlife Board may allow
any county that enacts an ordinance pursuant to this section to retain a reasonable amount to pay
for the costs of administering and enforcing the ordinance, provided this use of the permit
revenues does not affect federal funds received by the state under 16 U.S.C. Sec. 669 et seq.,
Wildlife Restoration Act and 16 U.S.C. Sec. 777 et seq., Sport Fish Restoration Act.
(6) A county may require hunters to notify the county sheriff of the time and place they
will be engaged in spotlighting.
(7) The requirement that a county ordinance must be enacted before a person may use
spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
(a) a person or his agent who is lawfully acting to protect his crops or domestic animals
from predation by those animals; or
(b) an animal damage control agent acting in his official capacity under a memorandum
of agreement with the division.
Section 8.
Section
26-1-30
is amended to read:
26-1-30. Powers and duties of department.
(1) The department shall:
(a) enter into cooperative agreements with the Department of Environmental Quality to
delineate specific responsibilities to assure that assessment and management of risk to human
health from the environment are properly administered; and
(b) consult with the Department of Environmental Quality and enter into cooperative
agreements, as needed, to ensure efficient use of resources and effective response to potential
health and safety threats from the environment, and to prevent gaps in protection from potential
risks from the environment to specific individuals or population groups.
(2) In addition to all other powers and duties of the department, it shall have and exercise
the following powers and duties:
(a) promote and protect the health and wellness of the people within the state;
(b) establish, maintain, and enforce rules necessary or desirable to carry out the
provisions and purposes of this title to promote and protect the public health or to prevent disease
and illness;
(c) investigate and control the causes of epidemic, infectious, communicable, and other
diseases affecting the public health;
(d) provide for the detection, reporting, prevention, and control of communicable,
infectious, acute, chronic, or any other disease or health hazard that the department considers to
be dangerous, important, or likely to affect the public health;
(e) collect and report information on causes of injury, sickness, death, and disability and
the risk factors that contribute to the causes of injury, sickness, death, and disability within the
state;
(f) collect, prepare, publish, and disseminate information to inform the public concerning
the health and wellness of the population, specific hazards, and risks that may affect the health
and wellness of the population and specific activities which may promote and protect the health
and wellness of the population;
(g) establish and operate programs necessary or desirable for the promotion or protection
of the public health and the control of disease or which may be necessary to ameliorate the major
causes of injury, sickness, death, and disability in the state, except that the programs shall not be
established if adequate programs exist in the private sector;
(h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
exercise physical control over property and individuals as the department finds necessary for the
protection of the public health;
(i) close theaters, schools, and other public places and forbid gatherings of people when
necessary to protect the public health;
(j) abate nuisances when necessary to eliminate sources of filth and infectious and
communicable diseases affecting the public health;
(k) make necessary sanitary and health investigations and inspections in cooperation with
local health departments as to any matters affecting the public health;
(l) establish laboratory services necessary to support public health programs and medical
services in the state;
(m) establish and enforce standards for laboratory services which are provided by any
laboratory in the state when the purpose of the services is to protect the public health;
(n) cooperate with the Labor Commission to conduct studies of occupational health
hazards and occupational diseases arising in and out of employment in industry, and make
recommendations for elimination or reduction of the hazards;
(o) cooperate with the local health departments, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
Victims Reparations Board to conduct testing for HIV infection of convicted sexual offenders
and any victims of a sexual offense;
(p) investigate the cause of maternal and infant mortality;
(q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
and drivers of motor vehicles killed in highway accidents be examined for the presence and
concentration of alcohol;
(r) provide the commissioner of public safety with monthly statistics reflecting the results
of the examinations provided for in Subsection (2)(q) and provide safeguards so that information
derived from the examinations is not used for a purpose other than the compilation of statistics
authorized in this Subsection (2)(r);
(s) establish qualifications for individuals permitted to draw blood pursuant to Section
[
41-6-44.10
]
41-6a-523
, and to issue permits to individuals it finds qualified, which permits may
be terminated or revoked by the department;
(t) establish a uniform public health program throughout the state which includes
continuous service, employment of qualified employees, and a basic program of disease control,
vital and health statistics, sanitation, public health nursing, and other preventive health programs
necessary or desirable for the protection of public health;
(u) adopt rules and enforce minimum sanitary standards for the operation and
maintenance of:
(i) orphanages;
(ii) boarding homes;
(iii) summer camps for children;
(iv) lodging houses;
(v) hotels;
(vi) restaurants and all other places where food is handled for commercial purposes, sold,
or served to the public;
(vii) tourist and trailer camps;
(viii) service stations;
(ix) public conveyances and stations;
(x) public and private schools;
(xi) factories;
(xii) private sanatoria;
(xiii) barber shops;
(xiv) beauty shops;
(xv) physicians' offices;
(xvi) dentists' offices;
(xvii) workshops;
(xviii) industrial, labor, or construction camps;
(xix) recreational resorts and camps;
(xx) swimming pools, public baths, and bathing beaches;
(xxi) state, county, or municipal institutions, including hospitals and other buildings,
centers, and places used for public gatherings; and
(xxii) of any other facilities in public buildings and on public grounds;
(v) conduct health planning for the state;
(w) monitor the costs of health care in the state and foster price competition in the health
care delivery system;
(x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
Chapter 21, Health Care Facility Licensing and Inspection Act;
(y) license the provision of child care;
(z) accept contributions to and administer the funds contained in the Organ Donation
Contribution Fund created in Section
26-18b-101
; and
(aa) serve as the collecting agent, on behalf of the state, for the nursing care facility
assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act, and
adopt rules for the enforcement and administration of the nursing facility assessment consistent
with the provisions of Title 26, Chapter 35a.
Section 9.
Section
32A-1-115
is amended to read:
32A-1-115. Alcoholic Beverage Enforcement and Treatment Restricted Account --
Distribution to municipalities and counties.
(1) As used in this section:
(a) "Account" means the Alcoholic Beverage Enforcement and Treatment Restricted
Account created in this section.
(b) "Alcohol-related offense" means:
(i) a violation of:
(A) Section [
41-6-44
]
41-6a-502
; or
(B) an ordinance that complies with the requirements of:
(I) Subsection [
41-6-43
]
41-6a-510
(1); or
(II) Section
76-5-207
; or
(ii) an offense involving the:
(A) illegal sale of alcohol;
(B) illegal distribution of alcohol;
(C) illegal transportation of alcohol;
(D) illegal possession of alcohol; or
(E) illegal consumption of alcohol.
(c) "Annual conviction time period" means the time period that:
(i) begins on July 1 and ends on June 30; and
(ii) immediately precedes the fiscal year for which an appropriation under this section is
made.
(d) "Coordinating council" means the Utah Substance Abuse and Anti-Violence
Coordinating Council created in Section
63-25a-201
.
(e) "Municipality" means:
(i) a city; or
(ii) a town.
(2) (a) There is created in the General Fund a restricted account called the "Alcoholic
Beverage Enforcement and Treatment Restricted Account."
(b) The account shall be funded from:
(i) amounts deposited by the state treasurer in accordance with Section
59-15-109
;
(ii) any appropriations made to the account by the Legislature; and
(iii) interest described in Subsection (2)(c).
(c) Interest earned on the account shall be deposited into the account.
(d) (i) The revenues in the account shall be used exclusively for programs or projects
related to prevention, treatment, detection, prosecution, and control of violations of this title and
other offenses in which alcohol is a contributing factor except as provided in Subsection
(2)(d)(ii).
(ii) The portion distributed under this section to counties may also be used for the
confinement or treatment of persons arrested for or convicted of offenses in which alcohol is a
contributing factor.
(iii) Any municipality or county entitled to receive funds shall use the funds exclusively
as required by this Subsection (2)(d).
(iv) The appropriations provided for under Subsection (3) are:
(A) intended to supplement the budget of the appropriate agencies of each municipality
and county within the state to enable the municipalities and counties to more effectively fund the
programs and projects described in this Subsection (2)(d); and
(B) not intended to replace funds that would otherwise be allocated for the programs and
projects in this Subsection (2)(d).
(3) (a) The revenues deposited into the account shall be distributed to municipalities and
counties:
(i) to the extent appropriated by the Legislature except that the Legislature shall
appropriate each fiscal year an amount equal to at least the amount deposited in the account in
accordance with Section
59-15-109
; and
(ii) as provided in this Subsection (3).
(b) The amount appropriated from the account shall be distributed as follows:
(i) 25% to municipalities and counties based upon the percentage of the state population
residing in each municipality and county;
(ii) 30% to municipalities and counties based upon each municipality's and county's
percentage of the statewide convictions for all alcohol-related offenses;
(iii) 20% to municipalities and counties based upon the percentage of all state stores,
package agencies, liquor licensees, and beer licensees in the state that are located in each
municipality and county; and
(iv) 25% to the counties for confinement and treatment purposes authorized by this
section based upon the percentage of the state population located in each county.
(c) (i) Except as provided in Subsection (3)(c)(iii), a municipality that does not have a
law enforcement agency may not receive monies under this section.
(ii) The State Tax Commission:
(A) may not distribute the monies the municipality would receive but for the
municipality not having a law enforcement agency to that municipality; and
(B) shall distribute the monies that the municipality would have received but for it not
having a law enforcement agency to the county in which the municipality is located for use by the
county in accordance with this section.
(iii) Notwithstanding Subsections (3)(c)(i) and (ii), if the coordinating council finds that
a municipality described in Subsection (3)(c)(i) demonstrates that the municipality can use the
monies that the municipality is otherwise eligible to receive in accordance with this section, the
coordinating council may direct the State Tax Commission to distribute the money to the
municipality.
(4) To determine the distributions required by Subsection (3)(b)(ii), the State Tax
Commission shall annually:
(a) for an annual conviction time period:
(i) multiply by two the total number of convictions in the state obtained during the
annual conviction time period for violation of:
(A) Section [
41-6-44
]
41-6a-502
; or
(B) an ordinance that complies with the requirements of Subsection [
41-6-43
]
41-6a-510
(1) or Section
76-5-207
; and
(ii) add to the number calculated under Subsection (4)(a)(i) the number of convictions
obtained during the annual conviction time period for all alcohol-related offenses other than the
alcohol-related offenses described in Subsection (4)(a)(i);
(b) divide an amount equal to 30% of the appropriation for that fiscal year by the sum
obtained in Subsection (4)(a); and
(c) multiply the amount calculated under Subsection (4)(b), by the number of convictions
obtained in each municipality and county during the annual conviction time period for
alcohol-related offenses.
(5) For purposes of this section:
(a) the number of state stores, package agencies, and licensees located within the limits
of each municipality and county:
(i) is the number determined by the department to be so located;
(ii) includes all:
(A) private clubs;
(B) restaurants;
(C) airport lounges;
(D) package agencies; and
(E) state stores; and
(iii) does not include on-premise beer retailer licensees;
(b) the number of state stores, package agencies, and licensees in a county consists only
of that number located within unincorporated areas of the county;
(c) population figures shall be determined according to the most current population
estimates prepared by the Utah Population Estimates Committee;
(d) a county's population figure for the 25% distribution to municipalities and counties
under Subsection (3)(b)(i) shall be determined only with reference to the population in the
unincorporated areas of the county;
(e) a county's population figure under Subsection (3)(b)(iv) for the 25% distribution to
counties only shall be determined with reference to the total population in the county, including
that of municipalities;
(f) a conviction occurs in the municipality or county that actually prosecutes the offense
to judgment; and
(g) in the case of a conviction based upon a guilty plea, the conviction is considered to
occur in the municipality or county that, except for the guilty plea, would have prosecuted the
offense.
(6) By not later than September 1 each year:
(a) the state court administrator shall certify to the State Tax Commission the number of
convictions obtained for alcohol-related offenses in each municipality or county in the state
during the annual conviction time period; and
(b) the coordinating council shall notify the State Tax Commission of any municipality
that does not have a law enforcement agency.
(7) By not later than December 1 of each year, the coordinating council shall notify the
State Tax Commission for the fiscal year of appropriation of:
(a) any municipality that may receive a distribution under Subsection (3)(c)(iii);
(b) any county that may receive a distribution allocated to a municipality described in
Subsection (3)(c)(ii);
(c) any municipality or county that may not receive a distribution because the
coordinating council has suspended the payment under Subsection (10)(a)(i); and
(d) any municipality or county that receives a distribution because the suspension of
payment has been cancelled under Subsection (10)(a)(ii).
(8) (a) By not later than January 1 of the fiscal year of appropriation, the State Tax
Commission shall annually distribute to each municipality and county the portion of the
appropriation that the municipality or county is eligible to receive under this section, except for
any municipality or county that the coordinating council notifies the State Tax Commission in
accordance with Subsection (7) may not receive a distribution in that fiscal year.
(b) (i) The State Tax Commission shall prepare forms for use by municipalities and
counties in applying for distributions under this section.
(ii) The forms described in this Subsection (8) may require the submission of information
the State Tax Commission considers necessary to enable the State Tax Commission to comply
with this section.
(9) A municipality or county that receives any monies under this section during a fiscal
year shall by no later than October 1 following the fiscal year:
(a) report to the coordinating council:
(i) the programs or projects of the municipality or county that receive monies under this
section;
(ii) if the monies for programs or projects were exclusively used as required by
Subsection (2)(d);
(iii) indicators of whether the programs or projects that receive monies under this section
are effective; and
(iv) if any monies received under this section were not expended by the municipality or
county; and
(b) provide the coordinating council a statement signed by the chief executive officer of
the county or municipality attesting that the monies received under this section were used in
addition to any monies appropriated or otherwise available for the county's or municipality's law
enforcement and were not used to supplant those monies.
(10) (a) The coordinating council may, by a majority vote:
(i) suspend future payments under Subsection (8) to a municipality or county that:
(A) does not file a report that meets the requirements of Subsection (9); or
(B) the coordinating council finds does not use the monies as required by Subsection
(2)(d) on the basis of the report filed by the municipality or county under Subsection (9); and
(ii) cancel a suspension under Subsection (10)(a)(i).
(b) The State Tax Commission shall:
(i) retain monies that a municipality or county does not receive under Subsection (10)(a);
and
(ii) notify the coordinating council of the balance of retained monies under this
Subsection (10)(b) after the annual distribution under Subsection (8).
(11) (a) Subject to the requirements of this Subsection (11), the coordinating council
shall award the balance of retained monies under Subsection (10)(b):
(i) as prioritized by majority vote of the coordinating council; and
(ii) as grants to:
(A) a county;
(B) a municipality; or
(C) the Department of Public Safety.
(b) By not later than May 30 of the fiscal year of the appropriation, the coordinating
council shall notify the State Tax Commission of any grants awarded under this Subsection (11).
(c) The State Tax Commission shall make payments of grants:
(i) upon receiving notice as provided under Subsection (11)(b); and
(ii) by not later than June 30 of the fiscal year of the appropriation.
(d) An entity that receives a grant under this Subsection (11) shall use the grant monies
exclusively for programs or projects described in Subsection (2)(d).
Section 10.
Section
39-6-93
is amended to read:
39-6-93. Intoxicated or reckless driving.
A person subject to this chapter who operates any vehicle in violation of Section
[
41-6-44
]
41-6a-502
, or in violation of Section [
41-6-45
]
41-6a-528
, shall be punished as a
military court directs.
Section 11.
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;
(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.
(2) Registration under this chapter is not required for any:
(a) 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;
(b) vehicle driven or moved upon a highway only for the purpose of crossing the
highway from one property to another;
(c) implement of husbandry, whether of a type otherwise subject to registration or not,
that is only incidentally operated or moved upon a highway;
(d) special mobile equipment;
(e) vehicle owned or leased by the federal government;
(f) 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;
(g) 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;
(h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained
for hire for the transportation of property or person;
(i) manufactured home or mobile home;
(j) off-highway vehicle currently registered under Section
41-22-3
if the off-highway
vehicle is:
(i) being towed;
(ii) operated on a street or highway designated as open to off-highway vehicle use; or
(iii) operated in the manner prescribed in Section
41-22-10.3
;
(k) off-highway implement of husbandry operated in the manner prescribed in
Subsections
41-22-5.5
(3) through (5);
(l) 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;
(m) electric assisted bicycle defined under Section [
41-6-1
]
41-6a-102
;
(n) motor assisted scooter defined under Section [
41-6-1
]
41-6a-102
; or
(o) personal motorized mobility device defined under Section [
41-6-1
]
41-6a-102
.
(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
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.
Section 12.
Section
41-1a-203
is amended to read:
41-1a-203. Prerequisites for registration.
(1) Except as otherwise provided, prior to registration a vehicle must have:
(a) an identification number inspection under Section
41-1a-204
;
(b) passed the safety inspection, if required in the current year, as provided under
Sections
41-1a-205
and
53-8-205
;
(c) passed the emissions inspection, if required in the current year, as provided under
Section [
41-6-163.6
]
41-6a-1642
;
(d) paid property taxes, the in lieu fee, or received a property tax clearance under Section
41-1a-206
or
41-1a-207
;
(e) paid the automobile driver education tax required by Section
41-1a-208
;
(f) paid the applicable registration fee under Part 12, Fee and Tax Requirements;
(g) paid the uninsured motorist identification fee under Section
41-1a-1218
, if
applicable; and
(h) paid the motor carrier fee under Section
41-1a-1219
, if applicable.
(2) In addition to the requirements in Subsection (1), an owner whose vehicle has not
been previously registered or that is currently registered under a previous owner's name must also
apply for a valid certificate of title in the owner's name prior to registration.
(3) A new registration, transfer of ownership, or registration renewal under Section
73-18-7
may not be issued for a vessel or outboard motor that is subject to the title provisions of
this chapter unless a certificate of title has been or is in the process of being issued in the same
owner's name.
(4) A new registration, transfer of ownership, or registration renewal under Section
41-22-3
may not be issued for an off-highway vehicle that is subject to the titling provisions of
this chapter unless a certificate of title has been or is in the process of being issued in the same
owner's name.
Section 13.
Section
41-1a-205
is amended to read:
41-1a-205. Safety inspection certificate required for renewal or registration of
motor vehicle -- Exemptions.
(1) If required in the current year, a safety inspection certificate, as required by Section
53-8-205
, or proof of exemption from safety inspection shall be presented at the time of, and as a
condition of, registration or renewal of registration of a motor vehicle.
(2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
required under this section may be made no more than two months prior to the renewal of
registration.
(b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
certificate issued for the motor vehicle during the previous two months may be used to satisfy the
requirement under Subsection (1).
(ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle dealer's
name during the previous six months may be used to satisfy the requirement under Subsection
(1).
(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a safety
inspection certificate issued during the previous six months may be used to satisfy the
requirement under Subsection (1).
(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
required under this section may be made no more than 11 months prior to the renewal of
registration.
(3) The following motor vehicles are exempt from this section:
(a) a new motor vehicle when registered the first time, if:
(i) a new car predelivery inspection has been made by a dealer;
(ii) the dealer provides a written disclosure statement listing any known deficiency,
existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle to
fail a safety inspection given in accordance with Section
53-8-205
; and
(iii) the buyer signs the disclosure statement to acknowledge that the buyer has read and
understands the listed deficiencies; and
(b) a motor vehicle required to be registered under this chapter that bears a dealer plate or
other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except that if
the motor vehicle is propelled by its own power and is not being moved for repair or dismantling,
the motor vehicle shall comply with Section [
41-6-155
]
41-6a-1601
regarding safe mechanical
condition.
(4) (a) A safety inspection certificate shall be displayed on:
(i) all registered commercial motor vehicles with a gross vehicle weight rating of 26,000
pounds or more;
(ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
multiple axles;
(iii) a combination unit; and
(iv) a bus or van for hire.
(b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
Subsection (1).
(5) A motor vehicle may be sold and the title assigned to the new owner without a valid
safety inspection, but the motor vehicle may not be registered in the new owner's name until the
motor vehicle complies with this section.
Section 14.
Section
41-1a-217
is amended to read:
41-1a-217. Application for renewal of registration.
(1) Renewal of a vehicle registration shall be made by the owner upon application and by
payment of the fees or taxes required under Subsection
41-1a-203
(1).
(2) The application for registration renewal and applicable fees or taxes shall be
accompanied by a:
(a) safety inspection certificate as required under Section
41-1a-205
; and
(b) certificate of emissions inspection as required under Section [
41-6-163.6
]
41-6a-1642
.
(3) The new registration card issued shall show:
(a) the identical information with respect to the owner and the vehicle description
required by Section
41-1a-213
; and
(b) the new expiration date.
Section 15.
Section
41-1a-407
is amended to read:
41-1a-407. Plates issued to political subdivisions or state -- Use of "EX" letters --
Confidential information.
(1) Except as provided in Subsection (2), each municipality, board of education, school
district, state institution of learning, county, other governmental division, subdivision, or district,
and the state shall:
(a) place a license plate displaying the letters, "EX" on every vehicle owned and operated
by it or leased for its exclusive use; and
(b) display an identification mark designating the vehicle as the property of the entity in a
conspicuous place on both sides of the vehicle.
(2) The entity need not display the "EX" license plate or the identification mark required
by Subsection (1) if:
(a) the vehicle is in the direct service of the governor, lieutenant governor, attorney
general, state auditor, or state treasurer of Utah;
(b) the vehicle is used in official investigative work where secrecy is essential;
(c) the vehicle is used in an organized Utah Highway Patrol operation that is:
(i) conducted within a county of the first or second class as defined under Section
17-50-501
, unless no more than one unmarked vehicle is used for the operation;
(ii) approved by the Commissioner of Public Safety;
(iii) of a duration of 14 consecutive days or less; and
(iv) targeted toward aggressive driving and accidents involving:
(A) violations of Title 41, Chapter [6, Article] 6a, Part 5, Driving [While Intoxicated]
Under the Influence and Reckless Driving;
(B) speeding violations for exceeding the posted speed limit by 21 or more miles per
hour;
(C) speeding violations in a reduced speed school zone under Section [
41-6-48.5
]
41-6a-604
;
(D) violations of Section [
41-6-78
]
41-6a-1002
related to pedestrian crosswalks; or
(E) violations of Section [
41-6-53.5
]
41-6a-702
related to lane restrictions;
(d) the vehicle is provided to an official of the entity as part of a compensation package
allowing unlimited personal use of that vehicle; or
(e) the personal security of the occupants of the vehicle would be jeopardized if the "EX"
license plate were in place.
(3) Plates issued to Utah Highway Patrol vehicles may bear the capital letters "UHP," a
beehive logo, and the call number of the trooper to whom the vehicle is issued.
(4) (a) The commission shall issue "EX" and "UHP" plates.
(b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
commission shall make rules establishing the procedure for application for and distribution of the
plates.
(5) For a vehicle that qualifies for "EX" or "UHP" license plates, the entity is not
required to display an annual registration decal.
(6) (a) Information shall be confidential for vehicles that are not required to display the
"EX" license plate or the identification mark under Subsections (2)(a), (b), (d), and (e).
(b) (i) If a law enforcement officer's identity must be kept secret, his agency head may
request in writing that the division remove the license plate information of the officer's personal
vehicles from all public access files and place it in a confidential file until the assignment is
completed.
(ii) The agency head shall notify the division when the assignment is completed.
(7) A peace officer engaged in an organized operation under Subsection (2)(c) shall be in
a uniform clearly identifying the law enforcement agency the peace officer is representing during
the operation.
Section 16.
Section
41-1a-1101
is amended to read:
41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
(1) The division or any peace officer, without a warrant, may seize and take possession
of any vehicle, vessel, or outboard motor:
(a) that the division or the peace officer has reason to believe has been stolen;
(b) on which any identification number has been defaced, altered, or obliterated;
(c) that has been abandoned on the public highways;
(d) for which the applicant has written a check for registration or title fees that has not
been honored by the applicant's bank and that is not paid within 30 days;
(e) that is placed on the water with improper registration; or
(f) that is being operated on a highway:
(i) with registration that has been expired for more than three months;
(ii) having never been properly registered by the current owner; or
(iii) with registration that is suspended or revoked.
(2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized
to transport and store the vessel.
(3) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor
under this section shall comply with the provisions of Section [
41-6-102.5
]
41-6a-1406
.
(4) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
the commission shall make rules setting standards for public garages, impound lots, and impound
yards that may be used by peace officers and the division.
(b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
public garages, impound lots, or impound yards per geographical area.
(5) (a) Except as provided under Subsection (5)(b), a person may not operate or allow to
be operated a vehicle stored in a public garage, impound lot, or impound yard regulated under
this part without prior written permission of the owner of the vehicle.
(b) Incidental and necessary operation of a vehicle to move the vehicle from one parking
space to another within the facility and that is necessary for the normal management of the
facility is not prohibited under this Subsection (5)(a).
(6) A person who violates the provisions of Subsection (5) is guilty of a class C
misdemeanor.
(7) The division or the peace officer who seizes a vehicle shall record the mileage shown
on the vehicle's odometer at the time of seizure, if:
(a) the vehicle is equipped with an odometer; and
(b) the odometer reading is accessible to the division or the peace officer.
Section 17.
Section
41-1a-1206
is amended to read:
41-1a-1206. Registration fees -- Fees by gross laden weight.
(1) Except as provided in Subsection (2), at the time application is made for registration
or renewal of registration of a vehicle or combination of vehicles under this chapter, a
registration fee shall be paid to the division as follows:
(a) $22.50 for each motorcycle;
(b) $21 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
motorcycles;
(c) unless the semitrailer or trailer is exempt from registration under Section
41-1a-202
or is registered under Section
41-1a-301
:
(i) $11 for each trailer or semitrailer over 750 pounds gross unladen weight; or
(ii) $8.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
gross unladen weight;
(d) (i) $33 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
gross laden weight; plus
(ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight; and
(e) (i) $49.50 for each motor vehicle or combination of motor vehicles, excluding farm
trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
(ii) $18.50 for each 2,000 pounds over 14,000 pounds gross laden weight.
(2) The initial registration fee for a vintage vehicle is $20.
(3) If a motor vehicle is operated in combination with a semitrailer or trailer, each motor
vehicle shall register for the total gross laden weight of all units of the combination if the total
gross laden weight of the combination exceeds 12,000 pounds.
(4) (a) Registration fee categories under this section are based on the gross laden weight
declared in the licensee's application for registration.
(b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part of
2,000 pounds is a full unit.
(5) The owner of a commercial trailer or commercial semitrailer may, as an alternative to
registering under Subsection (1)(c), apply for and obtain a special registration and license plate
for a fee of $110.
(6) Except as provided in Section [
41-6-163.6
]
41-6a-1642
, a truck may not be registered
as a farm truck unless:
(a) the truck meets the definition of a farm truck under Section
41-1a-102
; and
(b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
(ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
submits to the division a certificate of emissions inspection or a waiver in compliance with
Section [
41-6-163.6
]
41-6a-1642
.
(7) A violation of Subsection (6) is a class B misdemeanor that shall be punished by a
fine of not less than $200.
(8) Trucks used exclusively to pump cement, bore wells, or perform crane services with a
crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees required
for those vehicles under this section.
Section 18.
Section
41-3-303
is amended to read:
41-3-303. Temporary permits -- Inspections required before issuance.
(1) A dealer licensed in accordance with this chapter may not issue a temporary permit
under Section
41-3-302
unless:
(a) (i) the motor vehicle for which the temporary permit is issued has received and passed
the safety inspection required by Section
53-8-205
within the previous six months;
(ii) the safety inspection certificate was issued in the name of a licensed and bonded
dealer; and
(iii) a copy of the safety inspection certificate is given to the customer; and
(b) the motor vehicle passed the emission inspection test required by Section
[
41-6-163.6
]
41-6a-1642
.
(2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without a
safety inspection certificate if the motor vehicle complies with the safety inspection as provided
in Section
41-1a-205
.
(3) Notwithstanding Subsection (1)(b), a dealer may issue a temporary permit without
proof of an emission inspection if:
(a) the motor vehicle is exempt from emission inspection as provided in Section
[
41-6-163.6
]
41-6a-1642
;
(b) the purchaser is a resident of a county that does not require emission inspections; or
(c) the motor vehicle is otherwise exempt from emission inspections.
(4) Notwithstanding Subsection (1), a dealer may sell a motor vehicle as is without
having it safety or emission inspected provided that no temporary permit is issued.
Section 19.
Section
41-6a-101
, which is renumbered from Section 41-6-175 is
renumbered and amended to read:
CHAPTER 6a. TRAFFIC CODE
Part 1. General Provisions
[41-6-175]. 41-6a-101. Title.
This [act may be cited as the Uniform Act Regulating Traffic on Highways.] chapter is
known as the "Traffic Code."
Section 20.
Section
41-6a-102
, which is renumbered from Section 41-6-1 is renumbered
and amended to read:
[41-6-1]. 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" [is used] has the same meaning as defined in Section
41-22-2
.
(3) "Authorized emergency vehicle" [means] 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) (a) "Bicycle" means every device:
(i) propelled by human power;
(ii) upon which [any] a person may ride[,]; and
(iii) having two tandem wheels[, except scooters and similar devices].
(b) "Bicycle" does not include scooters and similar devices.
(5) (a) "Bus" means [every] a motor vehicle:
(i) designed for carrying more than 15 passengers and used for the transportation of
persons; [and every motor vehicle, other than a taxicab,] or
(ii) designed and used for the transportation of persons for compensation.
(b) "Bus" does not include a taxicab.
(6) (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.
(7) "Commissioner" means the commissioner of the Department of Public Safety.
[(6)] (8) "Controlled-access highway" means [every] a highway, street, or roadway:
(a) designed primarily for through traffic; and
(b)