Vintage Vehicle Amendments

99
41-1a-102
41-1a-201
41-1a-202
41-1a-226
41-1a-416
41-1a-418
41-1a-514
41-1a-1201
41-1a-1206
41-1a-1603
41-6a-102
41-6a-605
41-6a-1507
41-6a-1633
41-6a-1642
41-21-1
41-21-3
41-21-4
41-21-5
41-21-6
41-27-101
41-28-101
41-28-102
41-28-103
41-28-104
41-28-105
72-1-213.2
0
Vintage Vehicle Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: Emily Buss
LONG TITLE
General Description:
This bill creates a classic vehicle designation for older vehicles, replacing the vintage
vehicle designation.
Highlighted Provisions:
This bill:
defines terms;
removes emissions testing requirements for some vehicles;
adds language clarifying emissions testing requirements for some Mercedes-Benz
vehicles;
removes the vintage vehicle designation;
creates the classic vehicle designation; and
makes technical changes.
Money Appropriated in this Bill:
This bill appropriates
$36,400
in transfers to unrestricted funds for fiscal year 2026, all of
which is from the various sources as detailed in this bill.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-1a-102
Effective
10/01/26
, as last amended by Laws of Utah 2025, Chapter 285
41-1a-201
Effective
10/01/26
, as last amended by Laws of Utah 2024, Chapter 459
41-1a-202
Effective
10/01/26
, as last amended by Laws of Utah 2025, Chapter 294
41-1a-226
Effective
10/01/26
, as last amended by Laws of Utah 2023, Chapters 22, 33
and 532
41-1a-416
Effective
10/01/26
, as last amended by Laws of Utah 2024, Chapter 251
41-1a-418
Effective
10/01/26
, as last amended by Laws of Utah 2025, Chapter 247
41-1a-514
Effective
10/01/26
, as last amended by Laws of Utah 2009, Chapter 171
41-1a-1201
Effective
10/01/26
Partially Repealed
07/01/29
, as last amended by Laws
of Utah 2025, Chapter 279
41-1a-1206
Effective
10/01/26
, as last amended by Laws of Utah 2025, Chapters 215,
279
41-1a-1603
Effective
10/01/26
, as last amended by Laws of Utah 2025, Chapter 247
41-6a-102
Effective
10/01/26
Partially Repealed
07/01/27
, as last amended by Laws
of Utah 2025, Chapters 220, 471
41-6a-605
Effective
10/01/26
, as last amended by Laws of Utah 2015, Chapter 412
41-6a-1507
Effective
10/01/26
, as last amended by Laws of Utah 2009, Chapter 171
41-6a-1633
Effective
10/01/26
, as last amended by Laws of Utah 2015, Chapters 412,
454
41-6a-1642
Effective
10/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 5
41-27-101
Effective
10/01/26
, as enacted by Laws of Utah 2024, Chapter 459
72-1-213.2
Effective
10/01/26
, as last amended by Laws of Utah 2023, Chapters 22,
490
ENACTS:
41-28-101
Effective
10/01/26
, Utah Code Annotated 1953
41-28-102
Effective
10/01/26
, Utah Code Annotated 1953
41-28-103
Effective
10/01/26
, Utah Code Annotated 1953
41-28-104
Effective
10/01/26
, Utah Code Annotated 1953
41-28-105
Effective
10/01/26
, Utah Code Annotated 1953
REPEALS:
41-21-1
Effective
10/01/26
, as last amended by Laws of Utah 2025, Chapter 247
41-21-3
Effective
10/01/26
, as last amended by Laws of Utah 1992, Chapter 1
41-21-4
Effective
10/01/26
, as last amended by Laws of Utah 1992, Chapter 1
41-21-5
Effective
10/01/26
, as enacted by Laws of Utah 1971, Chapter 93
41-21-6
Effective
10/01/26
, as enacted by Laws of Utah 1993, Chapter 221
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
41-1a-102
is amended to read:
41-1a-102
Effective
10/01/26
. Definitions.
As used in this chapter:
(1)
"Actual miles" means the actual distance a vehicle has traveled while in operation.
(2)
"Actual weight" means the actual unladen weight of a vehicle or combination of
vehicles as operated and certified to by a weighmaster.
(3)
"All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(4)
"All-terrain type II vehicle" means the same as that term is defined in Section
41-22-2
.
(5)
"All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
(6)
"Alternative fuel vehicle" means:
(a)
an electric motor vehicle;
(b)
a hybrid electric motor vehicle;
(c)
a plug-in hybrid electric motor vehicle; or
(d)
a motor vehicle powered exclusively by a fuel other than:
(i)
motor fuel;
(ii)
diesel fuel;
(iii)
natural gas; or
(iv)
propane.
(7)
"Amateur radio operator" means a person licensed by the Federal Communications
Commission to engage in private and experimental two-way radio operation on the
amateur band radio frequencies.
(8)
"Autocycle" means the same as that term is defined in Section
53-3-102
.
(9)
"Automated driving system" means the same as that term is defined in Section
41-26-102.1
.
(10)
"Branded title" means a title certificate that is labeled:
(a)
rebuilt and restored to operation;
(b)
flooded and restored to operation; or
(c)
not restored to operation.
(11)
"Camper" means a structure designed, used, and maintained primarily to be mounted
on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile
dwelling, sleeping place, commercial space, or facilities for human habitation or for
camping.
(12)
"Certificate of title" means a document issued by a jurisdiction to establish a record of
ownership between an identified owner and the described vehicle, vessel, or outboard
motor.
(13)
"Certified scale weigh ticket" means a weigh ticket that has been issued by a
weighmaster.
(14)
"Classic vehicle" means the same as that term is defined in Section
41-28-101
.
(14)
(15)
"Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
maintained for the transportation of persons or property that operates:
(a)
as a carrier for hire, compensation, or profit; or
(b)
as a carrier to transport the vehicle owner's goods or property in furtherance of the
owner's commercial enterprise.
(15)
(16)
"Commission" means the State Tax Commission.
(16)
(17)
"Consumer price index" means the same as that term is defined in Section
59-13-102
.
(17)
(18)
"Dealer" means a person engaged or licensed to engage in the business of
buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either
outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who
has an established place of business for the sale, lease, trade, or display of vehicles,
vessels, or outboard motors.
(18)
(19)
"Diesel fuel" means the same as that term is defined in Section
59-13-102
.
(19)
(20)
"Division" means the Motor Vehicle Division of the commission, created in
Section
41-1a-106
.
(20)
(21)
"Dynamic driving task" means the same as that term is defined in Section
41-26-102.1
.
(21)
(22)
"Electric motor vehicle" means a motor vehicle that is powered solely by an
electric motor drawing current from a rechargeable energy storage system.
(22)
(23)
"Essential parts" means the integral and body parts of a vehicle of a type required
to be registered in this state, the removal, alteration, or substitution of which would tend
to conceal the identity of the vehicle or substantially alter the vehicle's appearance,
model, type, or mode of operation.
(23)
(24)
"Farm tractor" means a motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(24)
(25)
(a)
"Farm truck" means a truck used by the owner or operator of a farm solely
for the owner's or operator's own use in the transportation of:
(i)
farm products, including livestock and its products, poultry and its products,
and
floricultural and horticultural products;
(ii)
farm supplies, including tile, fence, and any other thing or commodity used in
agricultural, floricultural, horticultural, livestock, and poultry production; and
(iii)
livestock, poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of a farm.
(b)
"Farm truck" does not include the operation of trucks by commercial processors of
agricultural products.
(25)
(26)
"Fleet" means:
(a)
one or more commercial vehicles; or
(b)
for purposes of Section
41-1a-215
, one or more personal vehicles.
(26)
(27)
"Foreign vehicle" means a vehicle of a type required to be registered, brought
into this state from another state, territory, or country other than in the ordinary course
of business by or through a manufacturer or dealer, and not registered in this state.
(27)
(28)
"Gross laden weight" means the actual weight of a vehicle or combination of
vehicles, equipped for operation, to which shall be added the maximum load to be
carried.
(28)
(29)
"Highway" or "street" means the entire width between property lines of every
way or place of whatever nature when any part of it is open to the public, as a matter of
right, for purposes of vehicular traffic.
(29)
(30)
"Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
energy from onboard sources of stored energy that are both:
(a)
an internal combustion engine or heat engine using consumable fuel; and
(b)
a rechargeable energy storage system where energy for the storage system comes
solely from sources onboard the vehicle.
(30)
(31)
(a)
"Identification number" means the identifying number assigned by the
manufacturer or by the division for the purpose of identifying the vehicle, vessel, or
outboard motor.
(b)
"Identification number" includes a vehicle identification number, state assigned
identification number, hull identification number, and motor serial number.
(31)
(32)
"Implement of husbandry" means a vehicle designed or adapted and used
exclusively for an agricultural operation and only incidentally operated or moved upon
the highways.
(32)
(33)
(a)
"In-state miles" means the total number of miles operated in this state
during the preceding year by fleet power units.
(b)
If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
total number of miles that those vehicles were towed on Utah highways during the
preceding year.
(33)
(34)
"Interstate vehicle" means a commercial vehicle operated in more than one state,
province, territory, or possession of the United States or foreign country.
(34)
(35)
"Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(35)
(36)
"Lienholder" means a person with a security interest in particular property.
(36)
(37)
"Manufactured home" means a transportable factory built housing unit
constructed on or after June 15, 1976, according to the Federal Home Construction and
Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the
traveling mode, is eight body feet or more in width or 40 body feet or more in length, or
when erected on site, is 400 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating,
air-conditioning, and electrical systems.
(37)
(38)
"Manufacturer" means a person engaged in the business of constructing,
manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
outboard motors for the purpose of sale or trade.
(38)
(39)
"Military vehicle" means a vehicle of any size or weight that was manufactured
for use by armed forces and that is maintained in a condition that represents the vehicle's
military design and markings regardless of current ownership or use.
(39)
(40)
"Mobile home" means a transportable factory built housing unit built prior to
June 15, 1976, in accordance with a state mobile home code which existed prior to the
Federal Manufactured Housing and Safety Standards Act (HUD Code).
(40)
(41)
"Motor fuel" means the same as that term is defined in Section
59-13-102
.
(41)
(42)
(a)
"Motor vehicle" means a self-propelled vehicle intended primarily for use
and operation on the highways.
(b)
"Motor vehicle" includes a roadable aircraft and a street-legal all-terrain vehicle.
(c)
"Motor vehicle" does not include:
(i)
an off-highway vehicle; or
(ii)
a motor assisted scooter as defined in Section
41-6a-102
.
(42)
(43)
"Motorboat" means the same as that term is defined in Section
73-18c-102
.
(43)
(44)
"Motorcycle" means:
(a)
a motor vehicle having a saddle for the use of the rider and designed to travel on not
more than three wheels in contact with the ground; or
(b)
an autocycle.
(44)
(45)
"Natural gas" means a fuel of which the primary constituent is methane.
(45)
(46)
(a)
"Nonresident" means a person who is not a resident of this state as defined
by Section
41-1a-202
, and who does not engage in intrastate business within this
state and does not operate in that business any motor vehicle, trailer, or semitrailer
within this state.
(b)
A person who engages in intrastate business within this state and operates in that
business any motor vehicle, trailer, or semitrailer in this state or who, even though
engaging in interstate commerce, maintains a vehicle in this state as the home station
of that vehicle is considered a resident of this state,
insofar as that vehicle is
concerned in administering this chapter
for purposes of administering this chapter
.
(46)
(47)
"Odometer" means a device for measuring and recording the actual distance a
vehicle travels while in operation, but does not include any auxiliary odometer designed
to be periodically reset.
(47)
(48)
"Off-highway implement of husbandry" means the same as that term is defined
in Section
41-22-2
.
(48)
(49)
"Off-highway vehicle" means the same as that term is defined in Section
41-22-2
.
(49)
(50)
(a)
"Operate" means:
(i)
to navigate a vessel; or
(ii)
collectively, the activities performed in order to perform the entire dynamic
driving task for a given motor vehicle by:
(A)
a human driver as defined in Section
41-26-102.1
; or
(B)
an engaged automated driving system.
(b)
"Operate" includes testing of an automated driving system.
(50)
(51)
"Original issue license plate" means a license plate that is of a format and type
issued by the state in the same year as the model year of a vehicle that is a model year
1973 or older.
(51)
(52)
"Outboard motor" means a detachable self-contained propulsion unit, excluding
fuel supply, used to propel a vessel.
(52)
(53)
(a)
"Owner" means a person, other than a lienholder, holding title to a vehicle,
vessel, or outboard motor whether
or
not
the vehicle, vessel, or outboard motor is
subject to a security interest.
(b)
If a vehicle is the subject of an agreement for the conditional sale or installment sale
or mortgage of the vehicle with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of possession vested
in the conditional vendee or mortgagor, or if the vehicle is the subject of a security
agreement, then the conditional vendee, mortgagor, or debtor is considered the owner
for the purposes of this chapter.
(c)
If a vehicle is the subject of an agreement to lease, the lessor is considered the owner
until the lessee exercises the lessee's option to purchase the vehicle.
(53)
(54)
"Park model recreational vehicle" means a unit that:
(a)
is designed and marketed as temporary living quarters for recreational, camping,
travel, or seasonal use;
(b)
is not permanently affixed to real property for use as a permanent dwelling;
(c)
requires a special highway movement permit for transit; and
(d)
is built on a single chassis mounted on wheels with a gross trailer area not exceeding
400 square feet in the setup mode.
(54)
(55)
"Personal vehicle" means a vehicle that is not a commercial vehicle.
(55)
(56)
"Personalized license plate" means a license plate that has displayed on it a
combination of letters, numbers, or both as requested by the owner of the vehicle and
assigned to the vehicle by the division.
(56)
(57)
(a)
"Pickup truck" means a two-axle motor vehicle with motive power
manufactured, remanufactured, or materially altered to provide an open cargo area.
(b)
"Pickup truck" includes a motor vehicle with the open cargo area covered with a
camper, camper shell, tarp, removable top, or similar structure.
(57)
(58)
"Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle
that has the capability to charge the battery or batteries used for vehicle propulsion from
an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
vehicle while the vehicle is in motion.
(58)
(59)
"Pneumatic tire" means a tire in which compressed air is designed to support the
load.
(59)
(60)
"Preceding year" means a period of 12 consecutive months fixed by the division
that is within 16 months immediately preceding the commencement of the registration or
license year in which proportional registration is sought. The division in fixing the
period shall conform it to the terms, conditions, and requirements of any applicable
agreement or arrangement for the proportional registration of vehicles.
(60)
(61)
"Public garage" means a building or other place where vehicles or vessels are
kept and stored and where a charge is made for the storage and keeping of vehicles and
vessels.
(61)
(62)
"Receipt of surrender of ownership documents" means the receipt of surrender of
ownership documents described in Section
41-1a-503
.
(62)
(63)
"Reconstructed vehicle" means a vehicle of a type required to be registered in
this state that is materially altered from its original construction by the removal,
addition, or substitution of essential parts, new or used.
(63)
(64)
"Recreational vehicle" means the same as that term is defined in Section
13-14-102
.
(64)
(65)
"Registration" means a document issued by a jurisdiction that allows operation of
a vehicle or vessel on the highways or waters of this state for the time period for which
the registration is valid and that is evidence of compliance with the registration
requirements of the jurisdiction.
(65)
(66)
"Registration decal" means the decal issued by the division that is evidence of
compliance with the division's registration requirements.
(66)
(67)
(a)
"Registration year" means a 12 consecutive month period commencing
with the completion of the applicable registration criteria.
(b)
For administration of a multistate agreement for proportional registration the division
may prescribe a different 12-month period.
(67)
(68)
"Repair or replacement" means the restoration of vehicles, vessels, or outboard
motors to a sound working condition by substituting any inoperative part of the vehicle,
vessel, or outboard motor, or by correcting the inoperative part.
(68)
"Replica vehicle" means:
(a)
a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
(b)
a custom vehicle that meets the requirements under Subsection
41-6a-1507(1)(a)(i)(B).
(69)
"Restored-modified vehicle" means a motor vehicle that has been restored and
modified with modern parts and technology, including emission control technology and
an on-board diagnostic system.
(70)
"Road tractor" means a motor vehicle designed and used for drawing other vehicles
and constructed so it does not carry any load either independently or any part of the
weight of a vehicle or load that is drawn.
(71)
"Roadable aircraft" means the same as that term is defined in Section
72-10-102
.
(72)
"Sailboat" means the same as that term is defined in Section
73-18-2
.
(73)
"Security interest" means an interest that is reserved or created by a security agreement
to secure the payment or performance of an obligation and that is valid against third
parties.
(74)
"Semitrailer" means the same as the term "trailer."
(75)
"Special group license plate" means a type of license plate designed for a particular
group of people or a license plate authorized and issued by the division in accordance
with Section
41-1a-418
or Part 16, Sponsored Special Group License Plates.
(76)
(a)
"Special interest vehicle" means a vehicle used for general transportation
purposes and that is:
(i)
20 years or older from the current year; or
(ii)
a make or model of motor vehicle recognized by the division director as having
unique interest or historic value.
(b)
In making a determination under Subsection
(76)(a)
, the division director shall give
special consideration to:
(i)
a make of motor vehicle that is no longer manufactured;
(ii)
a make or model of motor vehicle produced in limited or token quantities;
(iii)
a make or model of motor vehicle produced as an experimental vehicle or one
designed exclusively for educational purposes or museum display; or
(iv)
a motor vehicle of any age or make that has not been substantially altered or
modified from original specifications of the manufacturer and because of its
significance is being collected, preserved, restored, maintained, or operated by a
collector or hobbyist as a leisure pursuit.
(77)
(a)
"Special mobile equipment" means a vehicle:
(i)
not designed or used primarily for the transportation of persons or property;
(ii)
not designed to operate in traffic; and
(iii)
only incidentally operated or moved over the highways.
(b)
"Special mobile equipment" includes:
(i)
farm tractors;
(ii)
off-road motorized construction or maintenance equipment including backhoes,
bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii)
ditch-digging apparatus.
(c)
"Special mobile equipment" does not include a commercial vehicle as defined under
Section
72-9-102
.
(78)
"Specially constructed vehicle" means a vehicle of a type required to be registered in
this state, not originally constructed under a distinctive name, make, model, or type by a
generally recognized manufacturer of vehicles, and not materially altered from its
original construction.
(79)
(a)
"Standard license plate" means a license plate for general issue described in
Subsection
41-1a-402(1)
.
(b)
"Standard license plate" includes a license plate for general issue that the division
issues before January 1, 2024.
(80)
"State impound yard" means a yard for the storage of a vehicle, vessel, or outboard
motor that meets the requirements of rules made by the commission as described in
Subsection
41-1a-1101(7)
.
(81)
"Street-legal all-terrain vehicle" or "street-legal ATV" means the same as that term is
defined in Section
41-6a-102
.
(82)
"Symbol decal" means the decal that is designed to represent a special group and
displayed on a special group license plate.
(83)
"Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
(84)
(a)
"Total fleet miles" means the total number of miles operated in all jurisdictions
during the preceding year by power units.
(b)
If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means the
number of miles that those vehicles were towed on the highways of all jurisdictions
during the preceding year.
(85)
"Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
(86)
"Tow truck operator" means the same as that term is defined in Section
72-9-102
.
(87)
"Trailer" means a vehicle:
(a)
without motive power; and
(b)
designed for:
(i)
carrying persons or property; and
(ii)
being drawn by a motor vehicle.
(88)
"Transferee" means a person to whom the ownership of property is conveyed by sale,
gift, or any other means except by the creation of a security interest.
(89)
"Transferor" means a person who transfers the person's ownership in property by sale,
gift, or any other means except by creation of a security interest.
(90)
"Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle
without motive power, designed as a temporary dwelling for travel, recreational, or
vacation use that does not require a special highway movement permit when drawn by a
self-propelled motor vehicle.
(91)
"Truck tractor" means a motor vehicle designed and used primarily for drawing other
vehicles and not constructed to carry a load other than a part of the weight of the vehicle
and load that is drawn.
(92)
"Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper,
park model recreational vehicle, manufactured home, and mobile home.
(93)
"Vessel" means the same as that term is defined in Section
73-18-2
.
(94)
"Vintage vehicle" means the same as that term is defined in Section
41-21-1
.
(95)
(94)
"Waters of this state" means the same as that term is defined in Section
73-18-2
.
(96)
(95)
"Weighmaster" means a person, association of persons, or corporation permitted
to weigh vehicles under this chapter.
Section 2. Section
41-1a-201
is amended to read:
41-1a-201
Effective
10/01/26
. Function of registration -- Registration required
-- Penalty.
(1)
Unless exempted, a person or automated driving system may not operate and an owner
may not engage an automated driving system, give another person permission to engage
an automated driving system, or give another person permission to operate a motor
vehicle, combination of vehicles, trailer, semitrailer,
vintage vehicle,
classic vehicle,
restored-modified vehicle, off-highway vehicle, vessel, or park model recreational
vehicle in this state unless it has been registered in accordance with this
chapter,
Chapter
22
, Off-highway Vehicles, Chapter 27, Novel Vehicle Registration, or Title 73, Chapter
18, State Boating Act.
(2)
Subject to Subsection
53-8-209(3)
, a violation of this section is an infraction.
(3)
(a)
In the event that
If
materials are temporarily unavailable for registration items
required under Section
41-1a-402
, the commission may delay initial vehicle
registration or renewal of vehicle registrations.
(b)
In a circumstance described in Subsection
(3)(a)
, a person does not violate
Subsection
(1)
for failure to register a vehicle during a delay period described in
Subsection
(3)(a)
.
Section 3. Section
41-1a-202
is amended to read:
41-1a-202
Effective
10/01/26
. Definitions -- Vehicles exempt from registration
-- Registration of vehicles after establishing residency.
(1)
As used in this section:
(a)
"Designated agent" means the same as that term is defined in Section
41-12a-803
.
(b)
"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.
(c)
(i)
"Resident" means any of the following:
(A)
an individual who:
(I)
has established a domicile in this state;
(II)
regardless of domicile, remains in this state for an aggregate period of six
months or more during any calendar year;
(III)
engages in a trade, profession, or occupation in this state or who accepts
employment in other than seasonal work in this state and who does not
commute into the state;
(IV)
declares himself to be a resident of this state for the purpose of obtaining a
driver license or motor vehicle registration; or
(V)
declares himself a resident of Utah to obtain privileges not ordinarily
extended to nonresidents, including going to school, or placing children in
school without paying nonresident tuition or fees; or
(B)
any individual, partnership, limited liability company, firm, corporation,
association, or other entity that:
(I)
maintains a main office, branch office, or warehouse facility in this state
and that bases and operates a motor vehicle in this state; or
(II)
operates a motor vehicle in intrastate transportation for other than seasonal
work.
(ii)
"Resident" does not include any of the following:
(A)
a member of the military temporarily stationed in Utah;
(B)
an out-of-state student, as classified by the institution of higher education,
enrolled with the equivalent of seven or more quarter hours, regardless of
whether the student engages in a trade, profession, or occupation in this state or
accepts employment in this state; and
(C)
an individual domiciled in another state or a foreign country that:
(I)
is engaged in public, charitable, educational, or religious services for a
government agency or an organization that qualifies for tax-exempt status
under Internal Revenue Code Section 501(c)(3);
(II)
is not compensated for services rendered other than expense
reimbursements; and
(III)
is temporarily in Utah for a period not to exceed 24 months.
(iii)
Notwithstanding Subsections
(1)(c)(i)
and
(ii)
, "resident" includes the owner of a
vehicle equipped with an automated driving system as defined in Section
41-26-102.1
if the vehicle is physically present in the state for more than 30
consecutive days in a calendar year.
(2)
(a)
Registration under this chapter is not required for any:
(i)
vehicle registered in another state and owned by a nonresident of the state or
operating under a temporary registration permit issued by the division or a dealer
authorized by this chapter, driven or moved upon a highway in conformance with
the provisions of this chapter relating to manufacturers, transporters, dealers, lien
holders, or interstate vehicles;
(ii)
vehicle driven or moved upon a highway only for the purpose of crossing the
highway from one property to another;
(iii)
implement of husbandry, whether of a type otherwise subject to registration or
not, that is only incidentally operated or moved upon a highway;
(iv)
special mobile equipment;
(v)
vehicle owned or leased by the federal government;
(vi)
motor vehicle not designed, used, or maintained for the transportation of
passengers for hire or for the transportation of property if the motor vehicle is
registered in another state and is owned and operated by a nonresident of this state;
(vii)
vehicle or combination of vehicles designed, used, or maintained for the
transportation of persons for hire or for the transportation of property if the
vehicle or combination of vehicles is registered in another state and is owned and
operated by a nonresident of this state and if the vehicle or combination of
vehicles has a gross laden weight of 26,000 pounds or less;
(viii)
trailer of 750 pounds or less unladen weight and not designed, used, and
maintained for hire for the transportation of property or person;
(ix)
single-axle trailer unless that trailer is:
(A)
a commercial vehicle;
(B)
a trailer designed, used, and maintained for hire for the transportation of
property or person; or
(C)
a travel trailer, camping trailer, or fifth wheel trailer of 750 pounds or more
laden weight;
(x)
manufactured home or mobile home;
(xi)
off-highway vehicle currently registered under Section
41-22-3
if the
off-highway vehicle is:
(A)
being towed;
(B)
operated on a street or highway designated as open to off-highway vehicle
use; or
(C)
operated in the manner prescribed in Subsections
41-22-10.3(1)
through
(3)
;
(xii)
off-highway implement of husbandry operated in the manner prescribed in
Subsections
41-22-5.5(3)
through
(5)
;
(xiii)
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;
(xiv)
electric assisted bicycle defined under Section
41-6a-102
;
(xv)
motor assisted scooter defined under Section
41-6a-102
; or
(xvi)
electric personal assistive mobility device defined under Section
41-6a-102
.
(b)
For purposes of an implement of husbandry as described in Subsection
(2)(a)(iii)
,
incidental operation on a highway includes operation that is:
(i)
transportation of raw agricultural materials or other agricultural related operations;
and
(ii)
limited to 100 miles round trip on a highway.
(3)
(a)
Unless otherwise exempted under Subsection
(2)
, registration under this chapter is
required for any motor vehicle, combination of vehicles, trailer, semitrailer,
vintage
vehicle,
classic vehicle,
or restored-modified vehicle within 60 days of the owner
establishing residency in this state.
(b)
(i)
The commission may contract with a designated agent described in Chapter
12a, Part 8, Uninsured Motorist Identification Database Program, to determine the
address for which a contract for owner's or operator's security pertaining to a
certain vehicle or vessel is tied.
(ii)
If the information provided by the designated agent under Subsection
(3)(b)(i)

indicates that the owner of a vehicle or vessel is a resident of this state, the
commission may investigate to ensure compliance with this chapter, Chapter 22,
Off-highway Vehicles, Title 59, Chapter 12, Sales and Use Tax Act, and Title 73,
Chapter 18, State Boating Act.
(c)
If the commission's investigation described in Subsection
(3)(b)(ii)
determines that
the owner of the vehicle or vessel is not in compliance with this chapter, Chapter 22,
Off-highway Vehicles, Title 59, Chapter 12, Sales and Use Tax Act, or Title 73,
Chapter 18, State Boating Act, the commission:
(i)
may impose a penalty on the owner of the vehicle or vessel of $150; and
(ii)
shall provide notice of noncompliance to the owner of the vehicle or vessel and
allow 60 days after the date on which the notice was issued for the owner of the
vehicle or vessel to comply with the provisions identified in the commission's
investigation described in Subsection
(3)(b)(ii)
.
(d)
If the owner of a vehicle or vessel fails to comply as directed within the time period
described in Subsection
(3)(c)
, the commission created in Section
41-3-104
may
impose on the owner of the vehicle or vessel a penalty equal to the greater of:
(i)
if the commission finds there was an underpayment of tax under Title 59, Chapter
12, Sales and Use Tax Act, a penalty as provided in Subsection
59-1-401(7)
; or
(ii)
$500.
(e)
Upon making a record of the commission's actions, and upon reasonable cause
shown, the commission may waive, reduce, or compromise any penalty imposed
under Subsection
(3)(c)
or
(3)(d)
.
(f)
(i)
The commission shall deposit money from a penalty under Subsections
(3)(c)(i)

and
(3)(d)(ii)
for failure to properly register or title a vehicle or vessel pursuant to
this chapter, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State
Boating Act, into the Uninsured Motorist Identification Restricted Account
created in Section
41-12a-806
.
(ii)
The commission shall deposit money from a penalty under this Subsection
(3)(d)(i)
for failure to pay a sales and use tax under Title 59, Chapter 12, Sales and
Use Tax Act, into the General Fund.
(4)
A motor vehicle that is registered under Section
41-3-306
is exempt from the
registration requirements of this part for the time period that the registration under
Section
41-3-306
is valid.
(5)
A vehicle that has been issued a nonrepairable certificate may not be registered under
this chapter.
Section 4. Section
41-1a-226
is amended to read:
41-1a-226
Effective
10/01/26
. Classic vehicle -- Signed statement --
Restored-modified vehicle -- Registration.
(1)
The owner of a
vintage
classic
vehicle who applies for registration under this part shall
provide a signed statement that the
vintage
classic
vehicle
:
is safe to operate on the
highways of this state as described in Section
41-28-103
.
(a)
is owned and operated for the purposes described in Section
41-21-1
; and
(b)
is safe to operate on the highways of this state as described in Section
41-21-4
.
(2)
For a vintage vehicle with a model year of 1982 or older, the signed statement
described in Subsection
(1)
and in Subsection
41-6a-1642(15)
is in lieu of an emissions
inspection, from which a vintage vehicle is exempt under Subsection
41-6a-1642(4)
.
(3)
Before registration of a vintage vehicle that has a model year of 1983 or newer, an
owner shall:
(a)
obtain a certificate of emissions inspection as provided in Section
41-6a-1642
; or
(b)
provide proof of vehicle insurance coverage for the vintage vehicle that is a type
specific to a vehicle collector.
(4)
(2)
(a)
If an owner of a restored-modified vehicle who applies for registration that
wishes to have the notation on the registration certificate as described in Subsection
(4)(b)
(2)(b)
, the owner may provide a signed statement that the vehicle:
(i)
meets the definition of a restored-modified vehicle, and has modern technology,
including emission control technology and an on-board diagnostic system; and
(ii)
is safe to operate on the highways of this state.
(b)
If a vehicle qualifies as a restored-modified vehicle, the division shall notate the
registration certificate indicating that the vehicle is a restored-modified vehicle.
(c)
An owner of a restored-modified vehicle may elect to remove the restored-modified
notation on the registration certificate at the time of a subsequent registration.
Section 5. Section
41-1a-416
is amended to read:
41-1a-416
Effective
10/01/26
. Original issue license plates -- Alternative
stickers -- Rulemaking.
(1)
The owner of a motor vehicle that is a model year 1973 or older may apply to the
division for permission to display an original issue license plate.
(2)
An owner described in Subsection
(1)
shall:
(a)
complete an application on a form provided by the division;
(b)
supply and submit to the division for approval the original issue license plate that the
owner intends to display on the motor vehicle; and
(c)
pay the fees prescribed in Sections
41-1a-1206
and
41-1a-1211
.
(3)
Before approving an application described in this section, the division shall determine
that the original issue license plate:
(a)
is of a format and type issued by the state for use on a motor vehicle;
(b)
has numbers and characters that are unique and do not conflict with existing license
plate series in this state;
(c)
is legible, durable, and otherwise in a condition that serves the purposes of this
chapter; and
(d)
is from the same year of issue as the model year of the motor vehicle on which the
original issue license plate is to be displayed.
(4)
(a)
Except as provided in this section, the owner of a motor vehicle displaying an
original issue license plate approved under this section is not exempt from any
requirement described in this chapter.
(b)
An original issue license plate approved under this section is exempt from:
(i)
the provisions of Section
41-1a-401
regarding reflectorization; and
(ii)
Section
41-1a-403
.
(c)
Notwithstanding Subsection
(4)(a)
, if a motor vehicle displaying an original issue
license plate is also a
vintage
classic
vehicle as defined in Section
41-21-1
41-28-101
, the motor vehicle qualifies for the same exemptions as a
vintage
classic
vehicle.
(5)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules for the implementation of this section.
Section 6. Section
41-1a-418
is amended to read:
41-1a-418
Effective
10/01/26
. Authorized special group license plates.
(1)
In accordance with this chapter, the division shall issue to an eligible applicant a special
group license plate in one of the following categories:
(a)
a disability special group license plate issued in accordance with Section
41-1a-420
;
(b)
a special group license plate issued for a
:
farm truck; or
(c)
a sponsored special group plate, described in Section
41-1a-1602
.
(i)
vintage vehicle;
(ii)
farm truck; or
(iii)
special group license plate described in Section
41-1a-1602
.
(2)
The division may not issue a new type of special group license plate or symbol decal
unless the division receives:
(a)
a private donation for the start-up fee established under Section
63J-1-504
for the
production and administrative costs of providing the new special group license plate
or symbol decal; or
(b)
a legislative appropriation for the start-up fee described in Subsection
(2)(a)
.
(3)
Notwithstanding other provisions of this chapter, the division may not require a
contribution as defined in Section
41-1a-1601
for a special group license plate described
in Subsection
(1)(a)
, (1)(b)(i), or (1)(b)(ii).
or
(1)(b)
.
Section 7. Section
41-1a-514
is amended to read:
41-1a-514
Effective
10/01/26
. Certificate of title -- Contents.
(1)
As used in this section, "replica vehicle" means a custom vehicle that meets the
requirements described in Subsection
41-6a-1507(1)(a)(i)(B)
.
(2)
(a)
The division
,
upon approving an application for a certificate of title
,
shall issue a
certificate of title.
(b)
The face of
the
a
certificate of title shall include:
(a)
(i)
the date issued;
(b)
(ii)
the name and address of the owner;
(c)
(iii)
a description of the vehicle, vessel, or outboard motor titled, including the
year, make, and identification number;
(d)
(iv)
a statement of the owner's title and of one lien or encumbrance, if any, upon
the vehicle, vessel, or outboard motor;
(e)
(v)
any brand on the title; and
(f)
(vi)
an odometer statement, if applicable.
(2)
(3)
The certificate of title shall bear the seal of the division.
(3)
(4)
The certificate of title shall contain adequate space for:
(a)
the assignment and warranty of title or interest by the owner;
(b)
the release of interest by a recorded lien holder; and
(c)
the notation of one lien or encumbrance, if any, existing at the time of transfer.
(4)
(5)
The model year that is listed on the certificate of title of a replica vehicle shall be
the model year that the body of the vehicle resembles.
(5)
(6)
The certificate of title of a replica vehicle shall indicate that the vehicle is a replica
vehicle.
Section 8. Section
41-1a-1201
is amended to read:
41-1a-1201
Effective
10/01/26
Partially Repealed
07/01/29
. Disposition of fees.
(1)
All fees received and collected under this part shall be transmitted daily to the state
treasurer.
(2)
Except as provided in Subsections
(3)
, (5), (6), (7), (8), and (9) and Sections
41-1a-1205
,
41-1a-1220
,
41-1a-1221
,
41-1a-1222
,
41-1a-1223
, and
41-1a-1603
, all fees collected
under this part shall be deposited into the Transportation Fund.
(3)
Funds generated under Subsections
41-1a-1211(1)(b)(ii)
,
(6)(b)(ii)
,
(7)
, and
(9)
, and
Section
41-1a-1212
shall be deposited into the License Plate Restricted Account created
in Section
41-1a-122
.
(4)
(a)
Except as provided in Subsections
(3)
and
(4)(b)
and Section
41-1a-1205
, the
expenses of the commission in enforcing and administering this part shall be
provided for by legislative appropriation from the revenues of the Transportation
Fund.
(b)
Three dollars of the registration fees imposed under Subsections
41-1a-1206(2)(a)

and
(b)
for each vehicle registered for a six-month registration period under Section
41-1a-215.5
may be used by the commission to cover the costs incurred in enforcing
and administering this part.
(c)
Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
each vintage vehicle that has a model year of 1983 or newer may be used by the
commission to cover the costs incurred in enforcing and administering this part.
(5)
(a)
The following portions of the registration fees imposed under Section
41-1a-1206

for each vehicle shall be deposited into the Transportation Investment Fund of 2005
created in Section
72-2-124
:
(i)
$30 of the registration fees imposed under Subsections
41-1a-1206(1)(a)
, (1)(b),
(1)(f), (4), and (7);
(ii)
$21 of the registration fees imposed under Subsections
41-1a-1206(1)(c)(i)
and
(1)(c)(ii)
;
(iii)
$2.50 of the registration fee imposed under Subsection
41-1a-1206(1)(e)(ii)
;
(iv)
$23 of the registration fee imposed under Subsection
41-1a-1206(1)(d)(i)
;
(v)
$24.50 of the registration fee imposed under Subsection
41-1a-1206(1)(e)(i)
;
(vi)
$1 of the registration fee imposed under Subsection
41-1a-1206(1)(d)(ii)
; and
(vii)
$17 of the registration fee imposed under Subsection
41-1a-1206(1)(j).
41-1a-1206(1)(h)
.
(b)
The following portions of the registration fees collected for each vehicle registered
for a six-month registration period under Section
41-1a-215.5
shall be deposited into
the Transportation Investment Fund of 2005 created in Section
72-2-124
:
(i)
$23.25 of each registration fee collected under Subsection
41-1a-1206(2)(a)(i)
; and
(ii)
$23 of each registration fee collected under Subsection
41-1a-1206(2)(a)(ii)
.
(6)
(a)
Ninety-four cents of each registration fee imposed under Subsections
41-1a-1206(1)(a)
and
(b)
for each vehicle shall be deposited into the Public Safety
Restricted Account created in Section
53-3-106
.
(b)
Seventy-one cents of each registration fee imposed under Subsections
41-1a-1206(2)(a)
and
(b)
for each vehicle registered for a six-month registration
period under Section
41-1a-215.5
shall be deposited into the Public Safety Restricted
Account created in Section
53-3-106
.
(7)
(a)
One dollar of each registration fee imposed under Subsections
41-1a-1206(1)(a)

and
(b)
for each vehicle shall be deposited into the Motor Vehicle Safety Impact
Restricted Account created in Section
53-8-214
.
(b)
One dollar of each registration fee imposed under Subsections
41-1a-1206(2)(a)
and
(b)
for each vehicle registered for a six-month registration period under Section
41-1a-215.5
shall be deposited into the Motor Vehicle Safety Impact Restricted
Account created in Section
53-8-214
.
(8)
Fifty cents of each registration fee imposed under Subsection
41-1a-1206(1)(a)
for each
motorcycle shall be deposited into the Brain and Spinal Cord Injury Fund created in
Section
26B-1-318
.
(9)
(a)
Beginning on January 1, 2024, subject to Subsection
(9)(b)
, $2 of each registration
fee imposed under Section
41-1a-1206
shall be deposited into the Rural
Transportation Infrastructure Fund created in Section
72-2-133
.
(b)
Beginning on January 1, 2025, and each January 1 thereafter, the amount described
in Subsection
(9)(a)
shall be annually adjusted by taking the amount deposited the
previous year and adding an amount equal to the greater of:
(i)
an amount calculated by multiplying the amount deposited by the previous year by
the actual percentage change during the previous fiscal year in the Consumer Price
Index; and
(ii)
0.
(c)
The amounts calculated as described in Subsection
(9)(b)
shall be rounded up to the
nearest 1 cent.
(10)
For a vehicle registered for a 24-month period as provided in Section
41-1a-215.5
, the
deposits under this section are double the amounts due for a 12-month registration of the
same vehicle.
Section 9. Section
41-1a-1206
is amended to read:
41-1a-1206
Effective
10/01/26
. Registration fees -- Fees by gross laden weight.
(1)
Except as provided in Subsections
(2)
and
(3)
, at the time application is made for
registration or renewal of registration of a vehicle or combination of vehicles under this
chapter, a registration fee shall be paid to the division as follows:
(a)
$46.00 for each motorcycle;
(b)
$44 for each motor vehicle of 14,000 pounds or less gross laden weight, excluding
motorcycles;
(c)
unless the semitrailer or trailer is exempt from registration under Section
41-1a-202

or is registered under Section
41-1a-301
:
(i)
$31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
(ii)
$28.50 for each commercial trailer or commercial semitrailer of 750 pounds or
less gross unladen weight;
(d)
(i)
$53 for each farm truck over 14,000 pounds, but not exceeding 16,000 pounds
gross laden weight; plus
(ii)
$9 for each 2,000 pounds over 16,000 pounds gross laden weight;
(e)
(i)
$69.50 for each motor vehicle or combination of motor vehicles, excluding
farm trucks, over 14,000 pounds, but not exceeding 16,000 pounds gross laden
weight; plus
(ii)
$19 for each 2,000 pounds over 16,000 pounds gross laden weight;
(f)
(i)
$69.50 for each park model recreational vehicle over 14,000 pounds, but not
exceeding 16,000 pounds gross laden weight; plus
(ii)
$19 for each 2,000 pounds over 16,000 pounds gross laden weight;
(g)
$45 for each vintage vehicle that has a model year of 1983 or newer;
(h)
(g)
in addition to the fee described in Subsection
(1)(b)
:
(i)
an amount equal to the road usage charge cap described in Section
72-1-213.1
for:
(A)
each electric motor vehicle; and
(B)
Each motor vehicle not described in this Subsection
(1)(h)
(1)(g)
that is
fueled exclusively by a source other than motor fuel, diesel fuel, natural gas, or
propane;
(ii)
$21.75 for each hybrid electric motor vehicle; and
(iii)
$56.50 for each plug-in hybrid electric motor vehicle;
and
(i)
in addition to the fee described in Subsection
(1)(g)
, for a vintage vehicle that has a
model year of 1983 or newer, 50 cents; and
(j)
(h)
$28.50 for each roadable aircraft.
(2)
(a)
At the time application is made for registration or renewal of registration of a
vehicle under this chapter for a six-month registration period under Section
41-1a-215.5
, a registration fee shall be paid to the division as follows:
(i)
$34.50 for each motorcycle; and
(ii)
$33.50 for each motor vehicle of 14,000 pounds or less gross laden weight,
excluding motorcycles.
(b)
In addition to the fee described in Subsection
(2)(a)(ii)
, for registration or renewal of
registration of a vehicle under this chapter for a six-month registration period under
Section
41-1a-215.5
a registration fee shall be paid to the division as follows:
(i)
an amount equal to the road usage charge cap described in Section
72-1-213.1
for:
(A)
each electric motor vehicle; and
(B)
each motor vehicle not described in this Subsection
(2)(b)
that is fueled
exclusively by a source other than motor fuel, diesel fuel, natural gas, or
propane;
(ii)
$16.50 for each hybrid electric motor vehicle; and
(iii)
$43.50 for each plug-in hybrid electric motor vehicle.
(3)
(a)
Beginning on January 1, 2024, at the time of registration:
(i)
in addition to the amounts described in Subsections
(1)(a)
,
(1)(b)
,
(1)(c)(i)
,
(1)(c)(ii)
,
(1)(d)(i)
,
(1)(e)(i)
,
(1)(f)(i)
,
(1)(g)
,
(1)(h),
(4)(a
), and
(
7),
(9)
,
the
individual shall also pay an additional $7 as part of the registration fee; and
(ii)
in addition to the amounts described in Subsection
(2)(a)
, the individual shall also
pay an additional $5 as part of the registration fee.
(b)
(i)
Beginning on January 1, 2019, the commission shall, on January 1, annually
adjust the registration fees described in Subsections
(1)(a)
, (1)(b), (1)(c)(i),
(1)(c)(ii), (1)(d)(i), (1)(e)(i), (1)(f)(i),
(1)(g), (1)(j),
(1)(h),
(2)(a), (3)(a), (4)(a),
and
(7),
(9),
by taking the registration fee rate for the previous year and adding
an amount equal to the greater of:
(A)
an amount calculated by multiplying the registration fee of the previous year
by the actual percentage change during the previous fiscal year in the
Consumer Price Index; and
(B)
0.
(ii)
Beginning on January 1, 2024, the commission shall, on January 1, annually
adjust the registration fees described in Subsections
(1)(h)(ii)
(1)(g)(ii)

and
(iii)

and
(2)(b)(ii)
and (iii) by taking the registration fee rate for the previous year and
adding an amount equal to the greater of:
(A)
an amount calculated by multiplying the registration fee of the previous year
by the actual percentage change during the previous fiscal year in the
Consumer Price Index; and
(B)
0.
(c)
The amounts calculated as described in Subsection
(3)(b)
shall be rounded up to the
nearest 25 cents.
(4)
(a)
The initial registration fee for a
vintage vehicle that has a model year of 1982 or
older
classic vehicle
is $40.
(b)
A
vintage vehicle that has a model year of 1982 or older
classic vehicle
is exempt
from the renewal of registration fees under Subsection
(1)
.
(c)
(5)
A vehicle with a Purple Heart special group license plate issued on or before
December 31, 2023, or issued in accordance with Part 16, Sponsored Special Group
License Plates, is exempt from the registration fees under Subsection
(1)
.
(d)
(6)
A camper is exempt from the registration fees under Subsection
(1)
.
(5)
(7)
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 14,000 pounds.
(6)
(8)
(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.
(c)
A fractional part of 2,000 pounds is a full unit.
(7)
(9)
The owner of a trailer described in Section
41-1a-228
may, as an alternative to
registering under Subsection
(1)(c)
, apply for and obtain a special registration and
license plate, as provided in Section
41-1a-228
, for a fee of $130.
(8)
(10)
For a vehicle registered for a 24-month period as provided in Section
41-1a-215.5
,
the fee amounts are double the amounts due for a 12-month registration of the same
vehicle.
(9)
(11)
Except as provided in Section
41-6a-1642
, a truck may not be registered as a farm
truck unless:
(a)
the truck meets the definition of a farm truck under Section
41-1a-102
; and
(b)
(i)
the truck has a gross vehicle weight rating of more than 14,000 pounds; or
(ii)
the truck has a gross vehicle weight rating of 14,000 pounds or less and the owner
submits to the division a certificate of emissions inspection or a waiver in
compliance with Section
41-6a-1642
.
(10)
(12)
A violation of Subsection
(9)
is an infraction that shall be punished by a fine of
not less than $200.
(11)
(13)
A motor vehicle registered as a street-legal all-terrain vehicle is:
(a)
subject to the registration and other fees described in Section
41-22-9
; and
(b)
not required to pay an additional registration fee under this section.
(12)
(14)
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 10. Section
41-1a-1603
is amended to read:
41-1a-1603
Effective
10/01/26
. Application requirements -- Fees --
Contributions -- Rulemaking.
(1)
An applicant for a sponsored special group license plate shall submit to the division:
(a)
in a form and manner that the division prescribes, a complete application;
(b)
payment of the fee for the issuance of the sponsored special group license plate
established under Subsection
(4)(a)(i)
;
(c)
the required contribution for the sponsored special group license plate, unless the
applicant previously paid the required contribution as part of a preorder application
described in Subsection
(3)
; and
(d)
if the sponsoring organization elects to require verification as described in Section
41-1a-1604
, a verification form obtained from the sponsoring organization.
(2)
An applicant who owns a vehicle with the sponsoring organization's sponsored special
group license plate shall submit to the division the required contribution to renew the
sponsored special group license plate.
(3)
(a)
An applicant who wishes to obtain a new type of sponsored special group license
plate may preorder the new type of sponsored special group license plate by:
(i)
submitting to the sponsoring organization associated with the new type of
sponsored special group license plate a complete preorder form created by the
division; and
(ii)
making the required contribution to the sponsoring organization.
(b)
After the division approves the sponsoring organization's request for the new type of
sponsored special group license plate under Section
41-1a-1604
, an applicant who
submitted a preorder in accordance with Subsection
(3)(a)
may apply for the
sponsored special group license plate in accordance with Subsection
(1)
.
(4)
(a)
The division shall, in accordance with Section
63J-1-504
, establish:
(i)
the fee to charge an applicant for the division's costs of issuing or renewing a
sponsored special group license plate or symbol decal;
(ii)
the fee to charge a sponsoring organization for the division's costs of designing
and administering a new type of sponsored special group license plate, in
accordance with Subsection
41-1a-1604(2)(c)
; and
(iii)
subject to Subsections
(4)(b)
and (6), in an amount equal to at least $25, the
minimum annual contribution amount an applicant is required to make to obtain or
renew the sponsoring organization's sponsored special group license plate.
(b)
A fee paid in accordance with Subsection
(4)(a)(i)
shall be deposited into the License
Plate Restricted Account created in Section
41-1a-122
.
(c)
A sponsoring organization may establish a required contribution amount for the
sponsoring organization's sponsored special group license plate that is greater than
the amount established by the division under Subsection
(4)(a)(ii)
.
(5)
An applicant's contribution is a voluntary contribution for funding the sponsoring
organization's activities and not a motor vehicle registration fee.
(6)
Beginning on July 1, 2025, an applicant's voluntary contribution described in
Subsection
(4)(a)(iii)
for the historical support special group license plate described in
Section
41-1a-419
is $25 which the division shall allocate as follows:
(a)
$2 to the Utah State Historical Society as the sponsoring organization; and
(b)
$23 into the Transportation Investment Fund of 2005, created in Section
72-2-124
.
(7)
For a fiscal year beginning on July 1, 2025, only, the division shall transfer into the
General Fund $3,500,000 from the Sponsored Special Group License Plate Fund created
in Section
41-1a-1610
from funds generated by the historical support special group
license plate.
(8)
The division shall provide notice indicating the allocation of the voluntary contributions
described in Subsection
(6)
for the historical support special group license plate as
follows:
(a)
on or before July 1, 2025, on the division website; and
(b)
beginning on July 1, 2025, and until June 30, 2026, in any email notification of a
registrant's pending vehicle registration expiration described in Section
41-1a-203
.
(9)
An applicant for a historical support special group license plate for a vehicle that is a
vintage vehicle is not required to make the voluntary contribution to obtain the historical
support special group license plate.
(10)
(9)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission may make rules to establish and administer the sponsored special group
license plate program.
Section 11. Section
41-6a-102
is amended to read:
41-6a-102
Effective
10/01/26
Partially Repealed
07/01/27
. Definitions.
As used in this chapter:
(1)
"Alley" means a street or highway intended to provide access to the rear or side of lots
or buildings in urban districts and not intended for through vehicular traffic.
(2)
"All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(3)
"All-terrain type II vehicle" means the same as that term is defined in Section
41-22-2
.
(4)
"All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
(5)
"Authorized emergency vehicle" includes:
(a)
a fire department vehicle;
(b)
a police vehicle;
(c)
an ambulance; and
(d)
other publicly or privately owned vehicles as designated by the commissioner of the
Department of Public Safety.
(6)
"Autocycle" means the same as that term is defined in Section
53-3-102
.
(7)
(a)
"Bicycle" means a wheeled vehicle:
(i)
propelled by human power by feet or hands acting upon pedals or cranks;
(ii)
with a seat or saddle designed for the use of the operator;
(iii)
designed to be operated on the ground; and
(iv)
whose wheels are not less than 14 inches in diameter.
(b)
"Bicycle" includes an electric assisted bicycle.
(c)
"Bicycle" does not include scooters and similar devices.
(8)
(a)
"Bicycle lane" means a portion of a highway that has been designated by a
highway authority through striping, signage, pavement markings, or barriers for the
preferential or exclusive use of bicycle, electric assisted bicycle, and motor assisted
scooter traffic.
(b)
"Bicycle lane" does not include shared lanes intended for both motor vehicle and
bicycle travel.
(9)
(a)
"Bus" means a motor vehicle:
(i)
designed for carrying more than 15 passengers and used for the transportation of
persons; or
(ii)
designed and used for the transportation of persons for compensation.
(b)
"Bus" does not include a taxicab.
(10)
(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.
(11)
"Class 1 electric assisted bicycle" means an electric assisted bicycle equipped with a
motor or electronics that:
(a)
provides assistance only when the rider is pedaling; and
(b)
ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(12)
"Class 2 electric assisted bicycle" means an electric assisted bicycle equipped with a
motor or electronics that:
(a)
may be used exclusively to propel the bicycle; and
(b)
is not capable of providing assistance when the bicycle reaches the speed of 20 miles
per hour.
(13)
"Class 3 electric assisted bicycle" means an electric assisted bicycle equipped with a
motor or electronics that:
(a)
provides assistance only when the rider is pedaling;
(b)
ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour;
and
(c)
is equipped with a speedometer.
(14)
"Commissioner" means the commissioner of the Department of Public Safety.
(15)
"Controlled-access highway" means a highway, street, or roadway:
(a)
designed primarily for through traffic; and
(b)
to or from which owners or occupants of abutting lands and other persons have no
legal right of access, except at points as determined by the highway authority having
jurisdiction over the highway, street, or roadway.
(16)
"Crosswalk" means:
(a)
that part of a roadway at an intersection included within the connections of the lateral
lines of the sidewalks on opposite sides of the highway measured from:
(i)
(A)
the curbs; or
(B)
in the absence of curbs, from the edges of the traversable roadway; and
(ii)
in the absence of a sidewalk on one side of the roadway, that part of a roadway
included within the extension of the lateral lines of the existing sidewalk at right
angles to the centerline; or
(b)
any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
(17)
"Department" means the Department of Public Safety.
(18)
"Direct supervision" means oversight at a distance within which:
(a)
visual contact is maintained; and
(b)
advice and assistance can be given and received.
(19)
"Divided highway" means a highway divided into two or more roadways by:
(a)
an unpaved intervening space;
(b)
a physical barrier; or
(c)
a clearly indicated dividing section constructed to impede vehicular traffic.
(20)
"Echelon formation" means the operation of two or more snowplows arranged
side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to
clear snow from two or more lanes at once.
(21)
(a)
"Electric assisted bicycle" means a bicycle with an electric motor that:
(i)
has a power output of not more than 750 watts;
(ii)
has fully operable pedals;
(iii)
has permanently affixed cranks that were installed at the time of the original
manufacture;
(iv)
is fully operable as a bicycle without the use of the electric motor; and
(v)
is one of the following:
(A)
a class 1 electric assisted bicycle;
(B)
a class 2 electric assisted bicycle;
(C)
a class 3 electric assisted bicycle; or
(D)
a programmable electric assisted bicycle.
(b)
"Electric assisted bicycle" does not include:
(i)
a moped;
(ii)
a motor assisted scooter;
(iii)
a motorcycle;
(iv)
a motor-driven cycle; or
(v)
any other vehicle with less than four wheels that is designed, manufactured,
intended, or advertised by the seller to have any of the following capabilities or
features, or that is modifiable or is modified to have any of the following
capabilities or features:
(A)
has the ability to attain the speed of 20 miles per hour or greater on motor
power alone;
(B)
is equipped with a continuous rated motor power of 750 watts or greater;
(C)
is equipped with foot pegs for the operator at the time of manufacture, or
requires installation of a pedal kit to have operable pedals; or
(D)
if equipped with multiple operating modes and a throttle, has one or more
modes that exceed 20 miles per hour on motor power alone.
(22)
(a)
"Electric personal assistive mobility device" means a self-balancing device with:
(i)
two nontandem wheels in contact with the ground;
(ii)
a system capable of steering and stopping the unit under typical operating
conditions;
(iii)
an electric propulsion system with average power of one horsepower or 750
watts;
(iv)
a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
(v)
a deck design for a person to stand while operating the device.
(b)
"Electric personal assistive mobility device" does not include a wheelchair.
(23)
"Electric unicycle" means a self-balancing personal transportation device that:
(a)
has a single wheel;
(b)
is powered by an electric motor that utilizes gyroscopes and accelerometers to
stabilize the rider; and
(c)
is designed for the operator to face in the direction of travel while operating the
device.
(24)
"Explosives" means a chemical compound or mechanical mixture commonly used or
intended for the purpose of producing an explosion and that contains any oxidizing and
combustive units or other ingredients in proportions, quantities, or packing so that an
ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases, and the
resultant gaseous pressures are capable of producing destructive effects on contiguous
objects or of causing death or serious bodily injury.
(25)
"Farm tractor" means a motor vehicle designed and used primarily as a farm
implement, for drawing plows, mowing machines, and other implements of husbandry.
(26)
"Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less, as
determined by a Tagliabue or equivalent closed-cup test device.
(27)
"Freeway" means a controlled-access highway that is part of the interstate system as
defined in Section
72-1-102
.
(28)
(a)
"Golf cart" means a device that:
(i)
is designed for transportation by players on a golf course;
(ii)
has not less than three wheels in contact with the ground;
(iii)
has an unladen weight of less than 1,800 pounds;
(iv)
is designed to operate at low speeds; and
(v)
is designed to carry not more than six persons including the driver.
(b)
"Golf cart" does not include:
(i)
a low-speed vehicle or an off-highway vehicle;
(ii)
a motorized wheelchair;
(iii)
an electric personal assistive mobility device;
(iv)
an electric assisted bicycle;
(v)
a motor assisted scooter;
(vi)
a personal delivery device, as defined in Section
41-6a-1119
; or
(vii)
a mobile carrier, as defined in Section
41-6a-1120
.
(29)
"Gore area" means the area delineated by two solid white lines that is between a
continuing lane of a through roadway and a lane used to enter or exit the continuing lane
including similar areas between merging or splitting highways.
(30)
"Gross weight" means the weight of a vehicle without a load plus the weight of any
load on the vehicle.
(31)
"Hi-rail vehicle" means a roadway maintenance vehicle that is:
(a)
manufactured to meet Federal Motor Vehicle Safety Standards; and
(b)
equipped with retractable flanged wheels that allow the vehicle to travel on a
highway or railroad tracks.
(32)
"Highway" means the entire width between property lines of every way or place of any
nature when any part of it is open to the use of the public as a matter of right for
vehicular travel.
(33)
"Highway authority" means the same as that term is defined in Section
72-1-102
.
(34)
"Interdicted person" means the same as that term is defined in Section
32B-1-102
.
(35)
(a)
"Intersection" means the area embraced within the prolongation or connection of
the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of
two or more highways that join one another.
(b)
Where a highway includes two roadways 30 feet or more apart:
(i)
every crossing of each roadway of the divided highway by an intersecting
highway is a separate intersection; and
(ii)
if the intersecting highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of the highways is a separate intersection.
(c)
"Intersection" does not include the junction of an alley with a street or highway.
(36)
"Island" means an area between traffic lanes or at an intersection for control of vehicle
movements or for pedestrian refuge designated by:
(a)
pavement markings, which may include an area designated by two solid yellow lines
surrounding the perimeter of the area;
(b)
channelizing devices;
(c)
curbs;
(d)
pavement edges; or
(e)
other devices.
(37)
(a)
"Lane filtering" means, when operating a motorcycle other than an autocycle, the
act of overtaking and passing another vehicle that is stopped in the same direction of
travel in the same lane.
(b)
"Lane filtering" does not include lane splitting.
(38)
(a)
"Lane splitting" means, when operating a motorcycle other than an autocycle, the
act of riding a motorcycle between clearly marked lanes for traffic traveling in the
same direction of travel while traffic is in motion.
(b)
"Lane splitting" does not include lane filtering.
(39)
"Law enforcement agency" means the same as that term is as defined in Section
53-1-102
.
(40)
"Limited access highway" means a highway:
(a)
that is designated specifically for through traffic; and
(b)
over, from, or to which neither owners nor occupants of abutting lands nor other
persons have any right or easement, or have only a limited right or easement of
access, light, air, or view.
(41)
"Local highway authority" means the legislative, executive, or governing body of a
county, municipal, or other local board or body having authority to enact laws relating to
traffic under the constitution and laws of the state.
(42)
(a)
"Low-speed vehicle" means a four wheeled motor vehicle that:
(i)
is designed to be operated at speeds of not more than 25 miles per hour; and
(ii)
has a capacity of not more than six passengers, including a conventional driver or
fallback-ready user if on board the vehicle, as those terms are defined in Section
41-26-102.1
.
(b)
"Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
(43)
"Metal tire" means a tire, the surface of which in contact with the highway is wholly or
partly of metal or other hard nonresilient material.
(44)
(a)
"Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
saddle that is less than 24 inches from the ground as measured on a level surface with
properly inflated tires.
(b)
"Mini-motorcycle" does not include a moped or a motor assisted scooter.
(c)
"Mini-motorcycle" does not include a motorcycle that is:
(i)
designed for off-highway use; and
(ii)
registered as an off-highway vehicle under Section
41-22-3
.
(45)
"Mobile home" means:
(a)
a trailer or semitrailer that is:
(i)
designed, constructed, and equipped as a dwelling place, living abode, or sleeping
place either permanently or temporarily; and
(ii)
equipped for use as a conveyance on streets and highways; or
(b)
a trailer or a semitrailer whose chassis and exterior shell is designed and constructed
for use as a mobile home, as defined in Subsection
(45)(a)
, but that is instead used
permanently or temporarily for:
(i)
the advertising, sale, display, or promotion of merchandise or services; or
(ii)
any other commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
(46)
"Mobility disability" means the inability of a person to use one or more of the person's
extremities or difficulty with motor skills, that may include limitations with walking,
grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition.
(47)
(a)
"Moped" means a motor-driven cycle having:
(i)
pedals to permit propulsion by human power; and
(ii)
a motor that:
(A)
produces not more than two brake horsepower; and
(B)
is not capable of propelling the cycle at a speed in excess of 30 miles per hour
on level ground.
(b)
If an internal combustion engine is used, the displacement may not exceed 50 cubic
centimeters and the moped shall have a power drive system that functions directly or
automatically without clutching or shifting by the operator after the drive system is
engaged.
(c)
"Moped" does not include:
(i)
an electric assisted bicycle; or
(ii)
a motor assisted scooter.
(48)
(a)
"Motor assisted scooter" means a self-propelled device with:
(i)
at least two wheels in contact with the ground;
(ii)
a braking system capable of stopping the unit under typical operating conditions;
(iii)
an electric motor not exceeding 2,000 watts;
(iv)
either:
(A)
handlebars and a deck design for a person to stand while operating the device;
or
(B)
handlebars and a seat designed for a person to sit, straddle, or stand while
operating the device;
(v)
a design for the ability to be propelled by human power alone; and
(vi)
a maximum speed of 20 miles per hour on a paved level surface.
(b)
"Motor assisted scooter" does not include:
(i)
an electric assisted bicycle; or
(ii)
a motor-driven cycle.
(49)
(a)
"Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
propelled by electric power obtained from overhead trolley wires, but not operated
upon rails.
(b)
"Motor vehicle" does not include:
(i)
vehicles moved solely by human power;
(ii)
motorized wheelchairs;
(iii)
an electric personal assistive mobility device;
(iv)
an electric assisted bicycle;
(v)
a motor assisted scooter;
(vi)
a personal delivery device, as defined in Section
41-6a-1119
; or
(vii)
a mobile carrier, as defined in Section
41-6a-1120
.
(50)
"Motorcycle" means:
(a)
a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
and designed to travel with not more than three wheels in contact with the ground; or
(b)
an autocycle.
(51)
(a)
"Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
having:
(i)
an engine with less than 150 cubic centimeters displacement; or
(ii)
a motor that produces not more than five horsepower.
(b)
"Motor-driven cycle" does not include:
(i)
an electric personal assistive mobility device;
(ii)
a motor assisted scooter; or
(iii)
an electric assisted bicycle.
(52)
"OBD-II" means the on-board diagnostic system in a motor vehicle used for emissions
testing as required by 42 U.S.C. Sec. 7521(m)(1).
(52)
(53)
"Off-highway implement of husbandry" means the same as that term is defined
under Section
41-22-2
.
(53)
(54)
"Off-highway motorcycle" means the same as that term is defined in Section
41-22-2
.
(54)
(55)
"Off-highway vehicle" means the same as that term is defined under Section
41-22-2
.
(55)
(56)
"Operate" means the same as that term is defined in Section
41-1a-102
.
(56)
(57)
"Operator" means:
(a)
a human driver, as defined in Section
41-26-102.1
, that operates a vehicle; or
(b)
an automated driving system, as defined in Section
41-26-102.1
, that operates a
vehicle.
(57)
(58)
"Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
other device operated, alone or coupled with another device, on stationary rails.
(58)
(59)
(a)
"Park" or "parking" means the standing of a vehicle, whether the vehicle is
occupied or not.
(b)
"Park" or "parking" does not include:
(i)
the standing of a vehicle temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers; or
(ii)
a motor vehicle with an engaged automated driving system that has achieved a
minimal risk condition, as those terms are defined in Section
41-26-102.1
.
(59)
(60)
"Peace officer" means a peace officer authorized under Title 53, Chapter 13,
Peace Officer Classifications, to direct or regulate traffic or to make arrests for
violations of traffic laws.
(60)
(61)
"Pedestrian" means a person traveling:
(a)
on foot; or
(b)
in a wheelchair.
(61)
(62)
"Pedestrian traffic-control signal" means a traffic-control signal used to regulate
pedestrians.
(62)
(63)
"Person" means a natural person, firm, copartnership, association, corporation,
business trust, estate, trust, partnership, limited liability company, association, joint
venture, governmental agency, public corporation, or any other legal or commercial
entity.
(63)
(64)
"Pole trailer" means a vehicle without motive power:
(a)
designed to be drawn by another vehicle and attached to the towing vehicle by means
of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle;
and
(b)
that is ordinarily used for transporting long or irregular shaped loads including poles,
pipes, or structural members generally capable of sustaining themselves as beams
between the supporting connections.
(64)
(65)
"Private road or driveway" means every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied permission
from the owner, but not by other persons.
(65)
(66)
"Programmable electric assisted bicycle" means an electric assisted bicycle with
capability to switch or be programmed to function as a class 1 electric assisted bicycle,
class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the
electric assisted bicycle fully conforms with the respective requirements of each class of
electric assisted bicycle when operated in that mode.
(66)
(67)
"Railroad" means a carrier of persons or property upon cars operated on
stationary rails.
(67)
(68)
"Railroad sign or signal" means a sign, signal, or device erected by authority of a
public body or official or by a railroad and intended to give notice of the presence of
railroad tracks or the approach of a railroad train.
(68)
(69)
"Railroad train" means a locomotive propelled by any form of energy, coupled
with or operated without cars, and operated upon rails.
(69)
(70)
"Restored-modified vehicle" means the same as the term defined in Section
41-1a-102
.
(70)
(71)
"Right-of-way" means the right of one vehicle or pedestrian to proceed in a
lawful manner in preference to another vehicle or pedestrian approaching under
circumstances of direction, speed, and proximity that give rise to danger of collision
unless one grants precedence to the other.
(71)
(72)
(a)
"Roadway" means that portion of highway improved, designed, or
ordinarily used for vehicular travel.
(b)
"Roadway" does not include the sidewalk, berm, or shoulder, even though any of
them are used by persons riding bicycles or other human-powered vehicles.
(c)
"Roadway" refers to any roadway separately but not to all roadways collectively, if a
highway includes two or more separate roadways.
(72)
(73)
"Safety zone" means the area or space officially set apart within a roadway for
the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
signs as to be plainly visible at all times while set apart as a safety zone.
(73)
(74)
(a)
"School bus" means a motor vehicle that:
(i)
complies with the color and identification requirements of the most recent edition
of "Minimum Standards for School Buses"; and
(ii)
is used to transport school children to or from school or school activities.
(b)
"School bus" does not include a vehicle operated by a common carrier in
transportation of school children to or from school or school activities.
(74)
(75)
"Self-balancing electric skateboard" means a device similar to a skateboard that:
(a)
has a single wheel;
(b)
is powered by an electric motor; and
(c)
is designed for the operator to face perpendicular to the direction of travel while
operating the device.
(75)
(76)
(a)
"Semitrailer" means a vehicle with or without motive power:
(i)
designed for carrying persons or property and for being drawn by a motor vehicle;
and
(ii)
constructed so that some part of its weight and that of its load rests on or is
carried by another vehicle.
(b)
"Semitrailer" does not include a pole trailer.
(76)
(77)
"Shoulder area" means:
(a)
that area of the hard-surfaced highway separated from the roadway by a pavement
edge line as established in the current approved "Manual on Uniform Traffic Control
Devices"; or
(b)
that portion of the road contiguous to the roadway for accommodation of stopped
vehicles, for emergency use, and for lateral support.
(77)
(78)
"Sidewalk" means that portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(78)
(79)
(a)
"Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt
that is designated for the use of a bicycle.
(b)
"Soft-surface trail" does not mean a trail:
(i)
where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
federal law, regulation, or rule; or
(ii)
located in whole or in part on land granted to the state or a political subdivision
subject to a conservation easement that prohibits the use of a motorized vehicle.
(79)
(80)
"Solid rubber tire" means a tire of rubber or other resilient material that does not
depend on compressed air for the support of the load.
(80)
(81)
"Stand" or "standing" means the temporary halting of a vehicle, whether
occupied or not, for the purpose of and while actually engaged in receiving or
discharging passengers.
(81)
(82)
"Stop" when required means complete cessation from movement.
(82)
(83)
"Stop" or "stopping" when prohibited means any halting even momentarily of a
vehicle, whether occupied or not, except when:
(a)
necessary to avoid conflict with other traffic; or
(b)
in compliance with the directions of a peace officer or traffic-control device.
(83)
(84)
"Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, or an off-highway
motorcycle, that is modified to meet the requirements of Section
41-6a-1509
to operate
on highways in the state in accordance with Section
41-6a-1509
.
(84)
(85)
"Street-legal novel vehicle" means a vehicle registered as a novel vehicle under
Section
41-27-201
that is modified to meet the requirements of Section
41-6a-1509
to
operate on highways in the state in accordance with Section
41-6a-1509
.
(86)
"Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
(85)
(87)
"Tow truck operator" means the same as that term is defined in Section
72-9-102
.
(86)
"Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
(87)
(88)
"Traffic" means pedestrians, bicyclists, ridden or herded animals, vehicles, and
other conveyances either singly or together while using any highway for the purpose of
travel.
(89)
"Traffic-control device" means a sign, signal, marking, or device not inconsistent with
this chapter placed or erected by a highway authority for the purpose of regulating,
warning, or guiding traffic.
(90)
"Traffic-control signal" means a device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop and permitted to
proceed.
(88)
(91)
"Traffic signal preemption device" means an instrument or mechanism designed,
intended, or used to interfere with the operation or cycle of a traffic-control signal.
(89)
"Traffic-control device" means a sign, signal, marking, or device not inconsistent with
this chapter placed or erected by a highway authority for the purpose of regulating,
warning, or guiding traffic.
(90)
"Traffic-control signal" means a device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop and permitted to
proceed.
(91)
(92)
(a)
"Trailer" means a vehicle with or without motive power designed for
carrying persons or property and for being drawn by a motor vehicle and constructed
so that no part of its weight rests upon the towing vehicle.
(b)
"Trailer" does not include a pole trailer.
(92)
(93)
"Truck" means a motor vehicle designed, used, or maintained primarily for the
transportation of property.
(93)
(94)
"Truck tractor" means a motor vehicle:
(a)
designed and used primarily for drawing other vehicles; and
(b)
constructed to carry a part of the weight of the vehicle and load drawn by the truck
tractor.
(94)
(95)
"Two-way left turn lane" means a lane:
(a)
provided for vehicle operators making left turns in either direction;
(b)
that is not used for passing, overtaking, or through travel; and
(c)
that has been indicated by a lane traffic-control device that may include lane
markings.
(95)
(96)
"Urban district" means the territory contiguous to and including any street, in
which structures devoted to business, industry, or dwelling houses are situated at
intervals of less than 100 feet, for a distance of a quarter of a mile or more.
(96)
(97)
"Vehicle" means a device in, on, or by which a person or property is or may be
transported or drawn on a highway, except a mobile carrier, as defined in Section
41-6a-1120
, or a device used exclusively on stationary rails or tracks.
(97)
(98)
"Wheelie" means a maneuver performed while operating a motorcycle whereby
the front wheel of the motorcycle is raised off of the ground.
Section 12. Section
41-6a-605
is amended to read:
41-6a-605
Effective
10/01/26
. Minimum speed regulations.
(1)
A person
An individual
may not operate a motor vehicle at a speed so slow as to
impede or block the normal and reasonable movement of traffic except when:
(a)
a reduced speed is necessary for safe operation;
(b)
upon a grade; or
(c)
in compliance with a traffic-control device.
(2)
Operating a motor vehicle on a limited access highway at less than the speed limit side
by side with and at the same speed as a vehicle operated in the adjacent right lane is
evidence of a violation of Subsection
(1)
.
(3)
(a)
If, based on an engineering and traffic investigation, a highway authority
determines that slow speeds on any part of a highway under
its
the highway
authority's
jurisdiction consistently impede the normal and reasonable movement of
traffic, the highway authority may post a minimum speed limit.
(b)
If a minimum speed limit is posted under this Subsection
(3)
,
a person
an individual

may not operate a vehicle at a speed below the posted minimum speed limit except:
(i)
when necessary for safe operation; or
(ii)
in accordance with Section
41-6a-205
.
(c)
The minimum speed limit is effective when appropriate signs giving notice are
erected along the highway or section of the highway.
(4)
An individual operating a classic vehicle as described in Section
41-28-102
is exempt
from the requirements of this section.
(4)
(5)
A violation of this section is an infraction.
Section 13. Section
41-6a-1507
is amended to read:
41-6a-1507
Effective
10/01/26
. Custom vehicles -- Defined -- Compliance with
all laws and standards -- Exceptions -- Revocation -- Signed statement required.
(1)
(a)
As used in this section, "custom vehicle" means a motor vehicle that:
(i)
(A)
is at least 25 years old and of a model year after 1948; or
(B)
(I)
(A)
was manufactured to resemble a vehicle that is at least 25 years old
and of a model year after 1948; and
is at least 25 years old and of a model year
after 1948; or
(B)
was manufactured to resemble a vehicle that is at least 25 years old and of a
model year after 1948 and has been altered from the manufacturer's original
design or has a body constructed of non-original materials; and
(II)
(Aa)
has been altered from the manufacturer's original design; or
(Bb)
has a body constructed of non-original materials; and
(ii)
is primarily a collector's item that is used for:
(A)
club activities;
(B)
exhibitions;
(C)
tours;
(D)
parades;
(E)
occasional transportation; and
(F)
other similar uses.
(b)
A custom vehicle does not include:
(i)
a motor vehicle that is used for general, daily transportation;
(ii)
a
vintage
classic
vehicle as defined in Section
41-21-1
41-28-101
; or
(iii)
a special interest vehicle as defined in Section
41-1a-102
.
(2)
Except as specified under this section, a custom vehicle shall meet all safety,
registration, insurance, fees, and taxes required under this title.
(3)
(a)
Except as provided in Subsection
(3)(b)
(3)(c)
, all safety equipment of a custom
vehicle shall at least meet the safety standards applicable to the model year of the
vehicle being replicated.
(b)
Any replacement equipment shall comply with the design standards of the
replacement equipment's manufacture.
(b)
(c)
A custom vehicle shall comply with current vehicle brake and stopping
standards.
(4)
A custom vehicle is exempt from motor vehicle emissions inspection and maintenance
program requirements under Section
41-6a-1642
.
(5)
The tax commission may revoke or deny the registration of a custom vehicle for failure
to comply with this section.
(6)
The owner of a custom vehicle shall provide a signed statement certifying that the
custom vehicle is owned and operated for the purposes enumerated in this section to the
safety inspection station in order to qualify for the exceptions provided under this
section.
Section 14. Section
41-6a-1633
is amended to read:
41-6a-1633
Effective
10/01/26
. Mudguards or flaps at rear wheels of trucks,
trailers, truck tractors, or altered motor vehicles -- Exemptions.
(1)
(a)
Except as provided in Subsection
(2)
, when operated on a highway, the following
vehicles shall be equipped with wheel covers, mudguards, flaps, or splash aprons
behind the rearmost wheels to prevent, as far as practicable, the wheels from
throwing dirt, water, or other materials on other vehicles:
(i)
a vehicle that has been altered:
(A)
from the original manufacturer's frame height; or
(B)
in any other manner so that the motor vehicle's wheels may throw dirt, water,
or other materials on other vehicles;
(ii)
any truck with a gross vehicle weight rating of 10,500 pounds or more;
(iii)
any truck tractor; and
(iv)
any trailer or semitrailer with an unladen weight of 750 pounds or more.
(b)
The wheel covers, mudguards, flaps, or splash aprons shall:
(i)
be at least as wide as the tires they are protecting;
(ii)
be directly in line with the tires; and
(iii)
have a ground clearance of not more than 50% of the diameter of a rear-axle
wheel, under any conditions of loading of the motor vehicle.
(2)
Wheel covers, mudguards, flaps, or splash aprons are not required:
(a)
if the motor vehicle, trailer, or semitrailer is designed and constructed so that the
requirements of Subsection
(1)
are accomplished by means of fenders, body
construction, or other means of enclosure;
(b)
on a vehicle operated or driven during fair weather on well-maintained,
hard-surfaced roads if the motor vehicle:
(i)
was made in America prior to 1935;
(ii)
is registered as a
vintage
classic
vehicle; or
(iii)
is a custom vehicle as defined under Section
41-6a-1507
; or
(c)
on a street-legal all-terrain vehicle.
(3)
Except as provided in Subsection
(2)(b)
, rear wheels not covered at the top by fenders,
bodies, or other parts of the vehicle shall be covered at the top by protective means
extending rearward at least to the center line of the rearmost axle.
(4)
A violation of this section is an infraction.
Section 15. Section
41-6a-1642
is amended to read:
41-6a-1642
Effective
10/01/26
. Emissions inspection -- County program.
(1)
The legislative body of each county required under federal law to utilize a motor vehicle
emissions inspection and maintenance program or in which an emissions inspection and
maintenance program is necessary to attain or maintain any national ambient air quality
standard shall require:
(a)
a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
exempt from emissions inspection and maintenance program requirements be
presented:
(i)
as a condition of registration or renewal of registration; and
(ii)
at other times as the county legislative body may require to enforce inspection
requirements for individual motor vehicles, except that the county legislative body
may not routinely require a certificate of emissions inspection, or waiver of the
certificate, more often than required under Subsection
(9)
; and
(b)
compliance with this section for a motor vehicle registered or principally operated in
the county and owned by or being used by a department, division, instrumentality,
agency, or employee of:
(i)
the federal government;
(ii)
the state and any of its agencies; or
(iii)
a political subdivision of the state, including school districts.
(2)
(a)
A vehicle owner subject to Subsection
(1)
shall obtain a motor vehicle emissions
inspection and maintenance program certificate of emissions inspection as described
in Subsection
(1)
, but the program may not deny vehicle registration based solely on
the presence of a defeat device covered in the Volkswagen partial consent decrees or
a United States Environmental Protection Agency-approved vehicle modification in
the following vehicles:
(i)
a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
emissions are mitigated in the state pursuant to a partial consent decree, including:
(A)
Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
(B)
Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013,
and 2014;
(C)
Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
(D)
Volkswagen Golf Sportwagen, model year 2015;
(E)
Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
(F)
Volkswagen Beetle, model years 2013, 2014, and 2015;
(G)
Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
(H)
Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
(ii)
a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
emissions are mitigated in the state to a settlement, including:
(A)
Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015,
and 2016;
(B)
Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
(C)
Audi A6 Quattro, model years 2014, 2015, and 2016;
(D)
Audi A7 Quattro, model years 2014, 2015, and 2016;
(E)
Audi A8, model years 2014, 2015, and 2016;
(F)
Audi A8L, model years 2014, 2015, and 2016;
(G)
Audi Q5, model years 2014, 2015, and 2016; and
(H)
Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
(b)
A vehicle owner subject to Subsection
(1)
shall obtain a motor vehicle emissions
inspection and maintenance program certificate of emissions inspection as described
in Subsection
(1)
, but the program may not deny vehicle registration based solely on
the presence of a defeat device covered in the Mercedes-Benz USA, LLC and
Mercedes-Benz Group AG consent decree or a United States Environmental
Protection Agency-approved vehicle modification in the following vehicles:
(i)
Mercedes-Benz E250 BlueTEC II, model years 2014, 2015, and 2016;
(ii)
Mercedes-Benz E350 BlueTEC II, model years 2011, 2012, and 2013;
(iii)
Mercedes-Benz GL320 BlueTEC II, model year 2009;
(iv)
Mercedes-Benz GL350 BlueTEC II, model years 2010, 2011, 2012, 2013, 2014,
2015, and 2016;
(v)
Mercedes-Benz GLE300d, model year 2016;
(vi)
Mercedes-Benz GLE350d, model year 2016;
(vii)
Mercedes-Benz GLK250 BlueTEC II, model years 2013, 2014, and 2015;
(viii)
Mercedes-Benz ML250 BlueTEC II, model year 2015;
(ix)
Mercedes-Benz ML320 BlueTEC II, model year 2009;
(x)
Mercedes-Benz ML350 BlueTEC II, model years 2010, 2011, 2012, 2013, and
2014;
(xi)
Mercedes-Benz R320 BlueTEC II, model year 2009;
(xii)
Mercedes-Benz R350 BlueTEC II, model years 2010, 2011, and 2012;
(xiii)
Mercedes-Benz S350 BlueTEC II, model years 2012 and 2013;
(xiv)
Mercedes-Benz or Freightliner Sprinter 4-cylinder, model years 2014, 2015,
and 2016; and
(xv)
Mercedes-Benz or Freightliner Sprinter 6-cylinder, model years 2010, 2011,
2012, 2013, 2014, 2015, and 2016.
(b)
(c)
(i)
An owner of a restored-modified vehicle subject to Subsection
(1)
shall
obtain a motor vehicle emissions inspection and maintenance program certificate
of emissions inspection as described in Subsection
(1)
.
(ii)
A county emissions program may not refuse to perform an emissions inspection
or indicate a failed emissions test of the vehicle based solely on a modification to
the engine or component of the motor vehicle if:
(A)
the modification is not likely to result in the motor vehicle having increased
emissions relative to the emissions of the motor vehicle before the
modification; and
(B)
the motor vehicle modification is a change to an engine that is newer than the
engine with which the motor vehicle was originally equipped, or the engine
includes technology that increases the facility of the administration of an
emissions test, such as an on-board diagnostics system.
(iii)
The first time an owner seeks to obtain an emissions inspection as a prerequisite
to registration of a restored-modified vehicle:
(A)
the owner shall present the signed statement described in Subsection
41-1a-226(4)
41-1a-226(3)
; and
(B)
the county emissions program shall perform the emissions test.
(iv)
If a motor vehicle is registered as a restored-modified vehicle and the registration
certificate is notated as described in Subsection
41-1a-226(4)
41-1a-226(3)
, a
county emissions program may not refuse to perform an emissions test based
solely on the restored-modified status of the motor vehicle.
(3)
(a)
The legislative body of a county identified in Subsection
(1)
, in consultation with
the Air Quality Board created under Section
19-1-106
, shall make regulations or
ordinances regarding:
(i)
emissions standards;
(ii)
test procedures;
(iii)
inspections stations;
(iv)
repair requirements and dollar limits for correction of deficiencies; and
(v)
certificates of emissions inspections.
(b)
In accordance with Subsection
(3)(a)
, a county legislative body:
(i)
shall make regulations or ordinances to attain or maintain ambient air quality
standards in the county, consistent with the state implementation plan and federal
requirements;
(ii)
may allow for a phase-in of the program by geographical area; and
(iii)
shall comply with the analyzer design and certification requirements contained in
the state implementation plan prepared under Title 19, Chapter 2, Air
Conservation Act.
(c)
The county legislative body and the Air Quality Board shall give preference to an
inspection and maintenance program that:
(i)
is decentralized, to the extent the decentralized program will attain and maintain
ambient air quality standards and meet federal requirements;
(ii)
is the most cost effective means to achieve and maintain the maximum benefit
with regard to ambient air quality standards and to meet federal air quality
requirements as related to vehicle emissions; and
(iii)
provides a reasonable phase-out period for replacement of air pollution emission
testing equipment made obsolete by the program.
(d)
The provisions of Subsection
(3)(c)(iii)
apply only to the extent the phase-out:
(i)
may be accomplished in accordance with applicable federal requirements; and
(ii)
does not otherwise interfere with the attainment and maintenance of ambient air
quality standards.
(4)
The following vehicles are exempt from an emissions inspection program and the
provisions of this section:
(a)
an implement of husbandry as defined in Section
41-1a-102
;
(b)
a motor vehicle that:
(i)
meets the definition of a farm truck under Section
41-1a-102
; and
(ii)
has a gross vehicle weight rating of 12,001 pounds or more;
(c)
a vintage vehicle as defined in Section
41-21-1
:
(i)
if the vintage vehicle has a model year of 1982 or older; or
(ii)
for a vintage vehicle that has a model year of 1983 or newer, if the owner
provides proof of vehicle insurance that is a type specific to a vehicle collector;
(b)
a vehicle with a model year of 1995 or older;
(d)
(c)
a custom vehicle as defined in Section
41-6a-1507
;
(e)
(d)
a vehicle registered as a novel vehicle under Section
41-27-201
;
(f)
(e)
to the extent allowed under the current federally approved state implementation
plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a
motor vehicle that is less than two years old on January 1 based on the age of the
vehicle as determined by the model year identified by the manufacturer;
(g)
(f)
a pickup truck, as defined in Section
41-1a-102
, with a gross vehicle weight
rating of
12,000
14,000
pounds or less, if the registered owner of the pickup truck
provides a signed statement to the legislative body stating the truck is used:
(i)
by the owner or operator of a farm located on property that qualifies as land in
agricultural use under Sections
59-2-502
and
59-2-503
; and
(ii)
exclusively for the following purposes in operating the farm:
(A)
for the transportation of farm products, including livestock and its products,
poultry and its products, floricultural and horticultural products; and
(B)
in the transportation of farm supplies, including tile, fence, and every other
thing or commodity used in agricultural, floricultural, horticultural, livestock,
and poultry production and maintenance;
(h)
(g)
a motorcycle as defined in Section
41-1a-102
;
(i)
(h)
an electric motor vehicle as defined in Section
41-1a-102
;
(j)
a motor vehicle with a model year of 1967 or older; and
(k)
(i)
a roadable aircraft as defined in Section
72-10-102
.
; and
(j)
a vehicle with a gross vehicle weight rating of 14,001 pounds or more.
(5)
The county shall issue to the registered owner who signs and submits a signed statement
under Subsection
(4)(g)
a certificate of exemption from emissions inspection
requirements for purposes of registering the exempt vehicle.
(6)
A legislative body of a county described in Subsection
(1)
may exempt from an
emissions inspection program a diesel-powered motor vehicle with a:
(a)
gross vehicle weight rating of more than 14,000 pounds; or
(b)
model year of 1997 or older.
(7)
The legislative body of a county required under federal law to utilize a motor vehicle
emissions inspection program shall require:
(a)
a computerized emissions inspection for a diesel-powered motor vehicle that has:
(i)
a model year of 2007 or newer;
(ii)
a gross vehicle weight rating of 14,000 pounds or less; and
(iii)
a model year that is five years old or older; and
(b)
a visual inspection of emissions equipment for a diesel-powered motor vehicle:
(i)
with a gross vehicle weight rating of 14,000 pounds or less;
(ii)
that has a model year of 1998 or newer; and
(iii)
that has a model year that is five years old or older.
(8)
(a)
Subject to Subsection
(8)(c)
, the legislative body of each county required under
federal law to utilize a motor vehicle emissions inspection and maintenance program
or in which an emissions inspection and maintenance program is necessary to attain
or maintain any national ambient air quality standard may require each college or
university located in a county subject to this section to require its students and
employees who park a motor vehicle not registered in a county subject to this section
to provide proof of compliance with an emissions inspection accepted by the county
legislative body if the motor vehicle is parked on the college or university campus or
property.
(b)
College or university parking areas that are metered or for which payment is required
per use are not subject to the requirements of this Subsection
(8)
.
(c)
The legislative body of a county shall make the reasons for implementing the
provisions of this Subsection
(8)
part of the record at the time that the county
legislative body takes its official action to implement the provisions of this
Subsection
(8)
.
(9)
(a)
An emissions inspection station shall issue a certificate of emissions inspection for
each motor vehicle that meets the inspection and maintenance program requirements
established in regulations or ordinances made under Subsection
(3)
.
(b)
The frequency of the emissions inspection shall be determined based on the age of
the vehicle as determined by model year and shall be required annually subject to the
provisions of Subsection
(9)(c)
.
(c)
(i)
To the extent allowed under the current federally approved state
implementation plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec.
7401 et seq., the legislative body of a county identified in Subsection
(1)
shall
only require the emissions inspection every two years for each vehicle.
(ii)
The provisions of Subsection
(9)(c)(i)
apply only to a vehicle that is less than six
years old on January 1.
(iii)
For a county required to implement a new vehicle emissions inspection and
maintenance program on or after December 1, 2012, under Subsection
(1)
, but for
which no current federally approved state implementation plan exists, a vehicle
shall be tested at a frequency determined by the county legislative body, in
consultation with the Air Quality Board created under Section
19-1-106
, that is
necessary to comply with federal law or attain or maintain any national ambient
air quality standard.
(iv)
If a county legislative body establishes or changes the frequency of a vehicle
emissions inspection and maintenance program under Subsection
(9)(c)(iii)
, the
establishment or change shall take effect on January 1 if the State Tax
Commission receives notice meeting the requirements of Subsection
(9)(c)(v)

from the county before October 1.
(v)
The notice described in Subsection
(9)(c)(iv)
shall:
(A)
state that the county will establish or change the frequency of the vehicle
emissions inspection and maintenance program under this section;
(B)
include a copy of the ordinance establishing or changing the frequency; and
(C)
if the county establishes or changes the frequency under this section, state how
frequently the emissions testing will be required.
(d)
If an emissions inspection is only required every two years for a vehicle under
Subsection
(9)(c)
, the inspection shall be required for the vehicle in:
(i)
odd-numbered years for vehicles with odd-numbered model years; or
(ii)
in even-numbered years for vehicles with even-numbered model years.
(10)
(a)
Except as provided in Subsections
(9)(b)
,
(c)
, and
(d)
, the emissions inspection
required under this section may be made no more than two months before the
renewal of registration.
(b)
(i)
If the title of a used motor vehicle is being transferred, the owner may use an
emissions inspection certificate issued for the motor vehicle during the previous
11 months to satisfy the requirement under this section.
(ii)
If the transferor is a licensed and bonded used motor vehicle dealer, the owner
may use an emissions inspection certificate issued for the motor vehicle in a
licensed and bonded motor vehicle dealer's name during the previous 11 months to
satisfy the requirement under this section.
(c)
If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
lessee may use an emissions inspection certificate issued during the previous 11
months to satisfy the requirement under this section.
(d)
If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not use
an emissions inspection made more than 11 months before the renewal of registration
to satisfy the requirement under this section.
(e)
If the application for renewal of registration is for a six-month registration period
under Section
41-1a-215.5
, the owner may use an emissions inspection certificate
issued during the previous eight months to satisfy the requirement under this section.
(11)
(a)
A county identified in Subsection
(1)
shall collect information about and monitor
the program.
(b)
A county identified in Subsection
(1)
shall supply this information to the
Transportation Interim Committee to identify program needs, including funding
needs.
(12)
If approved by the county legislative body, a county that had an established emissions
inspection fee as of January 1, 2002, may increase the established fee that an emissions
inspection station may charge by $2.50 for each year that is exempted from emissions
inspections under Subsection
(9)(c)
up to a $7.50 increase.
(13)
(a)
Except as provided in Subsection
41-1a-1223(1)(c)
, a county identified in
Subsection
(1)
may impose a local emissions compliance fee on each motor vehicle
registration within the county in accordance with the procedures and requirements of
Section
41-1a-1223
.
(b)
A county that imposes a local emissions compliance fee may use revenues generated
from the fee for the establishment and enforcement of an emissions inspection and
maintenance program in accordance with the requirements of this section.
(c)
A county that imposes a local emissions compliance fee may use revenues generated
from the fee to promote programs to maintain a local, state, or national ambient air
quality standard.
(14)
(a)
If a county has reason to believe that a vehicle owner has provided an address as
required in Section
41-1a-209
to register or attempt to register a motor vehicle in a
county other than the county of the bona fide residence of the owner in order to avoid
an emissions inspection required under this section, the county may investigate and
gather evidence to determine whether the vehicle owner has used a false address or
an address other than the vehicle owner's bona fide residence or place of business.
(b)
If a county conducts an investigation as described in Subsection
(14)(a)
and
determines that the vehicle owner has used a false or improper address in an effort to
avoid an emissions inspection as required in this section, the county may impose a
civil penalty of $1,000.
(15)
A county legislative body described in Subsection
(1)
may exempt a motor vehicle
from an emissions inspection if:
(a)
the motor vehicle is 30 years old or older;
(b)
the county determines that the motor vehicle was driven less than 1,500 miles
during the preceding 12-month period; and
(c)
the owner provides to the county legislative body a statement signed by the owner
that states the motor vehicle:
(i)
is primarily a collector's item used for:
(A)
participation in club activities;
(B)
exhibitions;
(C)
tours; or
(D)
parades; or
(ii)
is only used for occasional transportation.
(15)
(a)
If a motor vehicle subject to an emissions inspection cannot be tested using
OBD-II technology, the owner of the vehicle may present the vehicle to a county for
verification.
(b)
A county shall verify that the vehicle:
(i)
is not equipped with OBD-II technology; and
(ii)
is unable to be tested using OBD-II technology for reasons other than tampering,
removal, or modification of emissions-related equipment.
(16)
(a)
If a county verifies that the vehicle cannot be tested using OBD-II technology as
described in Subsection
(15)
, the county shall report to the division the vehicle
identification number of the vehicle.
(b)
The division shall maintain a record of each vehicle identification number reported
under this Subsection
(16)
.
(17)
(a)
Except as provided in Subsection
(17)(c)
, a motor vehicle is permanently exempt
from an emissions inspection requirement described in this section if the division
records the vehicle identification number of the vehicle as described in Subsection
(16)
.
(b)
Except as provided in Subsection
(17)(c)
, an exemption described in this Subsection
(17)
applies for the life of the vehicle and does not require renewal or re-verification.
(c)
The division may remove a vehicle from the record described in Subsection
(16)(b)

and the vehicle will not be exempt from emissions testing under Subsection
(17)(a)
if
the division determines that the vehicle:
(i)
was fraudulently verified; or
(ii)
is equipped with compliant OBD-II technology after a verification as described in
Subsection
(15)
.
Section 16. Section
41-27-101
is amended to read:
41-27-101
Effective
10/01/26
. Definitions.
As used in this chapter:
(1)
"Commission" means the State Tax Commission.
(2)
"Division" means the Motor Vehicle Division.
(3)
"Novel vehicle" means a vehicle:
(a)
that is not expressly exempt from registration; and
(b)
(i)
that does not fit within a vehicle category;
(ii)
with unique characteristics that make it unclear whether the vehicle fits within a
vehicle category; or
(iii)
that a reasonable person would not consider the vehicle to be clearly included in
an existing vehicle category.
(4)
"Vehicle" means a motor vehicle, combination of vehicles, trailer, semitrailer,
vintage
vehicle
classic vehicle
, restored-modified vehicle, off-highway vehicle, vessel, or park
model recreational vehicle.
(5)
(a)
"Vehicle category" means a vehicle type:
(i)
that is defined in this title or Title 73, Chapter 18, State Boating Act; and
(ii)
for which registration is required under:
(A)
this chapter;
(B)
Chapter 1a, Motor Vehicle Act;
(C)
Chapter 22, Off-highway Vehicles; or
(D)
Title 73, Chapter 18, State Boating Act.
(b)
"Vehicle category" does not include a novel vehicle.
(6)
"VIN" means a vehicle identification number or a hull identification number.
Section 17. Section
41-28-101
is enacted to read:
28. Classic Vehicles
41-28-101
Effective
10/01/26
. Definitions.
As used in this chapter:
(1)
(a)
"Classic travel trailer" means a travel trailer, camping trailer, or fifth wheel trailer
that is:
(i)
model year 1982 or older; and
(ii)
primarily a collector's item that is used for:
(A)
participation in club activities;
(B)
exhibitions;
(C)
tours;
(D)
parades;
(E)
occasional recreational or vacation use; or
(F)
other similar uses.
(b)
"Classic travel trailer" does not include a travel trailer, camping trailer, or fifth wheel
trailer that is used for the general daily transportation of an individual or property.
(2)
"Classic vehicle" means:
(a)
a motor vehicle or motorcycle:
(i)
with a model year of 1982 or older; and
(ii)
that is driven fewer than 1,500 miles per calendar year; or
(b)
a classic travel trailer.
(3)
"Motor vehicle" means the same as that term is defined in Section
41-1a-102
.
(4)
"Motorcycle" means the same as that term is defined in Section
41-1a-102
.
Section 18. Section
41-28-102
is enacted to read:
41-28-102
Effective
10/01/26
. Minimum speed inapplicable.
Minimum speed restrictions described in Section
41-6a-605
do not apply to a classic
vehicle described in this chapter and properly registered under Chapter 1a, Motor Vehicle Act,
while the individual operates a vehicle:
(1)
(a)
to or from an assembly, convention, or other meeting where the vehicle and the
vehicle's ownership are of primary interest; or
(b)
to, from, or during a local, state, or national tour held primarily for the exhibition and
enjoyment of the vehicle by the vehicle's owner; and
(2)
in a manner that does not constitute a public nuisance or create a hazard to another
motor vehicle or a person.
Section 19. Section
41-28-103
is enacted to read:
41-28-103
Effective
10/01/26
. Minimum safety equipment inapplicable.
Minimum safety equipment standards described in Chapter 6a, Part 16, Vehicle
Equipment, do not apply to a classic vehicle properly registered under Chapter 1a, Motor
Vehicle Act, if:
(1)
the original equipment on the vehicle at the time of the vehicle's manufacture:
(a)
is in good operating condition; or
(b)
has been replaced by equal or more efficient equipment in good working order; and
(2)
an individual operates the vehicle in a manner that does not constitute a public nuisance
or create a hazard to another motor vehicle or person.
Section 20. Section
41-28-104
is enacted to read:
41-28-104
Effective
10/01/26
. Operation on public highways.
An individual may operate a classic vehicle properly registered under Chapter 1a, Motor
Vehicle Act, on the streets and highways:
(1)
(a)
to or from an assembly, convention, parade, or other meeting where the vehicle
and the vehicle's ownership are of primary interest; or
(b)
to, from, or during a local, state, or national tour held primarily for the exhibition and
enjoyment of the vehicle by the vehicle's owner; and
(2)
if
the individual operates the vehicle in a manner that does not constitute a public
nuisance or create a hazard to another motor vehicle or person.
Section 21. Section
41-28-105
is enacted to read:
41-28-105
Effective
10/01/26
. Revocation of registration -- Powers of tax
commission.
The State Tax Commission may revoke the registration of a classic vehicle if the owner
of the classic vehicle fails to comply with this chapter.
Section 22. Section
72-1-213.2
is amended to read:
72-1-213.2
Effective
10/01/26
. Road Usage Charge Program Special Revenue
Fund -- Revenue.
(1)
There is created an expendable special revenue fund within the Transportation Fund
known as the "Road Usage Charge Program Special Revenue Fund."
(2)
(a)
The fund shall be funded from the following sources:
(i)
revenue collected by the department under Section
72-1-213.1
;
(ii)
appropriations made to the fund by the Legislature;
(iii)
contributions from other public and private sources for deposit into the fund;
(iv)
interest earnings on cash balances; and
(v)
money collected for repayments and interest on fund money.
(b)
If the revenue derived from the sources described in Subsection
(2)(a)
is insufficient
to cover the costs of administering the road usage charge program, subject to
Subsection
72-2-107(1)
, the department may transfer into the fund revenue deposited
into the Transportation Fund from the fee described in Subsections
41-1a-1206(1)(h)

41-1a-1206(1)(g)

and
(2)(b)
in an amount sufficient to enable the department to
administer the road usage charge program.
(3)
(a)
Revenue generated by the road usage charge program and relevant penalties shall
be deposited into the Road Usage Charge Program Special Revenue Fund.
(b)
Revenue in the Road Usage Charge Program Special Revenue Fund is nonlapsing.
(4)
The department may use revenue deposited into the Road Usage Charge Program
Special Revenue Fund:
(a)
to cover the costs of administering the program; and
(b)
for the purposes described in Subsection
(5)
.
(5)
If revenue collected by the department under Section
72-1-213.1
in a fiscal year is
sufficient to cover all costs related to administering the road usage charge program in
that fiscal year, the department shall deposit any excess revenue collected by the
department under Section
72-1-213.1
from the Road Usage Charge Program Special
Revenue Fund into the Transportation Fund for appropriation and apportionment in
accordance with Section
72-2-107
.
Section 23.
Repealer.
Definitions.
Minimum speed inapplicable.
Minimum safety equipment inapplicable.
Operation on public highways.
Revocation of registration -- Powers of tax commission.
Section 24.
FY 2026 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
fiscal year 2026.
Subsection 24(a).
Transfers to Unrestricted Funds
The Legislature authorizes the State Division of Finance to transfer the following
amounts to the unrestricted General Fund, Income Tax Fund, or Uniform School Fund, as
indicated, from the restricted funds or accounts indicated. Expenditures and outlays from the
General Fund, Income Tax Fund, or Uniform School Fund must be authorized by an
appropriation.
GENERAL GOVERNMENT
ITEM 1
General Fund
From Transportation Investment Fund of 2005, One-time
36,400
General Fund, One-time
36,400
Section 25.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect October 1, 2026.
(2)
Section 24, FY 2026 Appropriations (Effective 05/06/26) takes effect on May 6, 2026.
3-4-26 7:48 PM