Vehicle Emission Inspection Program Revisions

11
41-1a-110
41-1a-203
41-6a-1642
0
Vehicle Emission Inspection Program Revisions
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Jordan D. Teuscher
LONG TITLE
General Description:
This bill amends provisions related to vehicle emissions inspections to enhance the ability
to investigate whether an individual has avoided a required emissions inspection.
Highlighted Provisions:
This bill:
allows the Motor Vehicle Division to revoke the vehicle owner's registration if the vehicle
owner has provided a false or an improper address to register a vehicle to avoid an
emissions inspection;
prohibits the Motor Vehicle Division from registering a motor vehicle if the owner of the
motor vehicle fails to pay a civil penalty for registering with a false or improper address;
allows the State Tax Commission to recover costs of investigation or administration of
the provisions of this bill; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-1a-110
, as last amended by Laws of Utah 2025, Chapter 285
41-1a-203
, as last amended by Laws of Utah 2025, Chapter 279
41-6a-1642
, as last amended by Laws of Utah 2025, First Special Session, Chapter 5
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
41-1a-110
is amended to read:
41-1a-110
. Authority of division to suspend or revoke registration, certificate of
title, license plate, or permit.
(1)
Except as provided in Subsections
(3)
and
(4)
, the division may suspend or revoke a
registration, certificate of title, license plate, or permit if:
(a)
the division is satisfied that a registration, certificate of title, license plate, or permit
was fraudulently procured or erroneously issued;
(b)
the division determines that a registered vehicle is mechanically unfit or unsafe to be
operated or moved upon the highways;
(c)
a registered vehicle has been dismantled;
(d)
the division determines that the required fee has not been paid and the fee is not paid
upon reasonable notice and demand;
(e)
a registration decal, license plate, or permit is knowingly displayed upon a vehicle
other than the one for which issued;
(f)
the division determines that the owner has committed any offense under this chapter
involving the registration, certificate of title, registration card, license plate,
registration decal, or permit;
or
(g)
the division receives notification by the Department of Transportation that the owner
has committed any offence under
Title 72, Chapter 9, Motor Carrier Safety Act
.
; or
(h)
the division determines a vehicle owner used an improper address to avoid an
emissions inspection as described in Subsection
41-6a-1642(14)
.
(2)
(a)
The division shall revoke the registration of a vehicle if the division receives
notification by the:
(i)
Department of Public Safety that a person:
(A)
has been convicted of operating a registered motor vehicle in violation of
Section
41-12a-301
or
41-12a-303.2
; or
(B)
is under an administrative action taken by the Department of Public Safety for
operating a registered motor vehicle in violation of Section
41-12a-301
;
(ii)
designated agent that the owner of a motor vehicle:
(A)
has failed to provide satisfactory proof of owner's or operator's security to the
designated agent after the second notice provided under Section
41-12a-804
; or
(B)
provided a false or fraudulent statement to the designated agent; or
(iii)
designated agent that, during the months of April through October, the owner of
a motorboat:
(A)
has failed to provide satisfactory proof of owner's or operator's security to the
designated agent after the second notice provided under Section
41-12a-804
; or
(B)
provided a false or fraudulent statement to the designated agent.
(b)
The division shall notify the Driver License Division if the division revokes the
registration of a vehicle under Subsection
(2)(a)(ii)(A)
.
(3)
The division may not suspend or revoke the registration of a vessel or outboard motor
unless authorized under Section
73-18-7.3
.
(4)
The division may not suspend or revoke the registration of an off-highway vehicle
unless authorized under Section
41-22-17
.
(5)
The division shall charge a registration reinstatement fee under Section
41-1a-1220
, if
the registration is revoked under Subsection
(2)
.
(6)
Except as provided in Subsections
(3)
,
(4)
, and
(7)
, the division may suspend or revoke
a registered vehicle's registration if the division is notified by a local health department,
as defined in Section
26A-1-102
, that the registered vehicle is unable to meet state or
local air emissions standards or violates Subsection
41-6a-1626(2)(a)
or
(b)
.
(7)
The division may not suspend or revoke a registered vehicle's registration under
Subsection
(6)
if the registered vehicle has a manufacturer's gross vehicle weight rating
that is greater than 26,000 pounds.
Section 2. Section
41-1a-203
is amended to read:
41-1a-203
. Prerequisites for registration, transfer of ownership, or registration
renewal.
(1)
(a)
Except as provided in Subsections
(1)(b)
and (1)(c), the division shall mail a
notification to the owner of a vehicle at least 30 days before the date the vehicle's
registration is due to expire.
(b)
(i)
The division shall provide a process for a vehicle owner to choose to receive
electronic notification of the pending expiration of a vehicle's registration.
(ii)
If a vehicle owner chooses electronic notification, the division shall notify by
email the owner of a vehicle at least 30 days before the date the vehicle's
registration is due to expire.
(c)
If at the time the owner renews the vehicle registration, the previous registration
period has been expired at least 270 days, the division is not required to comply with
the notification requirement described in Subsection
(1)(a)
for the next registration
period.
(d)
An individual may elect to receive notification through both electronic means and
the mail.
(2)
Except as otherwise provided, before registration of a vehicle, an owner shall:
(a)
obtain an identification number inspection under Section
41-1a-204
;
(b)
obtain a certificate of emissions inspection, if required in the current year, as
provided under Section
41-6a-1642
;
(c)
pay property taxes, the in lieu fee, or receive a property tax clearance under Section
41-1a-206
or
41-1a-207
;
(d)
pay the automobile driver education tax required by Section
41-1a-208
;
(e)
pay the applicable registration fee under Part 12, Fee and Tax Requirements;
(f)
pay the uninsured motorist identification fee under Section
41-1a-1218
, if applicable;
(g)
pay the motor carrier fee under Section
41-1a-1219
, if applicable;
(h)
pay any applicable local emissions compliance fee under Section
41-1a-1223
;
(i)
pay the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act; and
(j)
for a roadable aircraft, provide proof of registration of the roadable aircraft as an
aircraft under Section
72-10-109
.
(3)
In addition to the requirements in Subsection
(1)
, an owner of a vehicle that has not
been previously registered or that is currently registered under a previous owner's name
shall apply for a valid certificate of title in the owner's name before registration.
(4)
The division may not issue a new registration, transfer of ownership, or registration
renewal under Section
73-18-7
for a vessel or outboard motor that is subject to this
chapter unless a certificate of title has been or is in the process of being issued in the
same owner's name.
(5)
The division may not issue a new registration, transfer of ownership, or registration
renewal under Section
41-22-3
for an off-highway vehicle that is subject to this chapter
unless a certificate of title has been or is in the process of being issued in the same
owner's name.
(6)
The division may not issue a registration renewal for a motor vehicle if the division has
received a hold request for the motor vehicle for which a registration renewal has been
requested as described in:
(a)
Section
72-1-213.1
; or
(b)
Section
72-6-118
.
(7)
The division may not issue a new registration or registration renewal for a motor vehicle
for which the commission imposes a civil penalty under Subsection
41-6a-1642(14)
,
unless:
(a)
the civil penalty has been paid; or
(b)
the vehicle is no longer owned by the individual against whom the civil penalty was
imposed.
Section 3. Section
41-6a-1642
is amended to read:
41-6a-1642
. Emissions inspection -- County program.
(1)
The legislative body of each county required under federal law to utilize a motor vehicle
emissions inspection and maintenance program or in which an emissions inspection and
maintenance program is necessary to attain or maintain any national ambient air quality
standard shall require:
(a)
a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
exempt from emissions inspection and maintenance program requirements be
presented:
(i)
as a condition of registration or renewal of registration; and
(ii)
at other times as the county legislative body may require to enforce inspection
requirements for individual motor vehicles, except that the county legislative body
may not routinely require a certificate of emissions inspection, or waiver of the
certificate, more often than required under Subsection
(9)
; and
(b)
compliance with this section for a motor vehicle registered or principally operated in
the county and owned by or being used by a department, division, instrumentality,
agency, or employee of:
(i)
the federal government;
(ii)
the state and any of its agencies; or
(iii)
a political subdivision of the state, including school districts.
(2)
(a)
A vehicle owner subject to Subsection
(1)
shall obtain a motor vehicle emissions
inspection and maintenance program certificate of emissions inspection as described
in Subsection
(1)
, but the program may not deny vehicle registration based solely on
the presence of a defeat device covered in the Volkswagen partial consent decrees or
a United States Environmental Protection Agency-approved vehicle modification in
the following vehicles:
(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)
(i)
An owner of a restored-modified vehicle subject to Subsection
(1)
shall obtain
a motor vehicle emissions inspection and maintenance program certificate of
emissions inspection as described in Subsection
(1)
.
(ii)
A county emissions program may not refuse to perform an emissions inspection
or indicate a failed emissions test of the vehicle based solely on a modification to
the engine or component of the motor vehicle if:
(A)
the modification is not likely to result in the motor vehicle having increased
emissions relative to the emissions of the motor vehicle before the
modification; and
(B)
the motor vehicle modification is a change to an engine that is newer than the
engine with which the motor vehicle was originally equipped, or the engine
includes technology that increases the facility of the administration of an
emissions test, such as an on-board diagnostics system.
(iii)
The first time an owner seeks to obtain an emissions inspection as a prerequisite
to registration of a restored-modified vehicle:
(A)
the owner shall present the signed statement described in Subsection
41-1a-226(4)
; and
(B)
the county emissions program shall perform the emissions test.
(iv)
If a motor vehicle is registered as a restored-modified vehicle and the registration
certificate is notated as described in Subsection
41-1a-226(4)
, a county emissions
program may not refuse to perform an emissions test based solely on the
restored-modified status of the motor vehicle.
(3)
(a)
The legislative body of a county identified in Subsection
(1)
, in consultation with
the Air Quality Board created under Section
19-1-106
, shall make regulations or
ordinances regarding:
(i)
emissions standards;
(ii)
test procedures;
(iii)
inspections stations;
(iv)
repair requirements and dollar limits for correction of deficiencies; and
(v)
certificates of emissions inspections.
(b)
In accordance with Subsection
(3)(a)
, a county legislative body:
(i)
shall make regulations or ordinances to attain or maintain ambient air quality
standards in the county, consistent with the state implementation plan and federal
requirements;
(ii)
may allow for a phase-in of the program by geographical area; and
(iii)
shall comply with the analyzer design and certification requirements contained in
the state implementation plan prepared under Title 19, Chapter 2, Air
Conservation Act.
(c)
The county legislative body and the Air Quality Board shall give preference to an
inspection and maintenance program that:
(i)
is decentralized, to the extent the decentralized program will attain and maintain
ambient air quality standards and meet federal requirements;
(ii)
is the most cost effective means to achieve and maintain the maximum benefit
with regard to ambient air quality standards and to meet federal air quality
requirements as related to vehicle emissions; and
(iii)
provides a reasonable phase-out period for replacement of air pollution emission
testing equipment made obsolete by the program.
(d)
The provisions of Subsection
(3)(c)(iii)
apply only to the extent the phase-out:
(i)
may be accomplished in accordance with applicable federal requirements; and
(ii)
does not otherwise interfere with the attainment and maintenance of ambient air
quality standards.
(4)
The following vehicles are exempt from an emissions inspection program and the
provisions of this section:
(a)
an implement of husbandry as defined in Section
41-1a-102
;
(b)
a motor vehicle that:
(i)
meets the definition of a farm truck under Section
41-1a-102
; and
(ii)
has a gross vehicle weight rating of 12,001 pounds or more;
(c)
a vintage vehicle as defined in Section
41-21-1
:
(i)
if the vintage vehicle has a model year of 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;
(d)
a custom vehicle as defined in Section
41-6a-1507
;
(e)
a vehicle registered as a novel vehicle under Section
41-27-201
;
(f)
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)
a pickup truck, as defined in Section
41-1a-102
, with a gross vehicle weight rating of
12,000 pounds or less, if the registered owner of the pickup truck provides a signed
statement to the legislative body stating the truck is used:
(i)
by the owner or operator of a farm located on property that qualifies as land in
agricultural use under Sections
59-2-502
and
59-2-503
; and
(ii)
exclusively for the following purposes in operating the farm:
(A)
for the transportation of farm products, including livestock and its products,
poultry and its products, floricultural and horticultural products; and
(B)
in the transportation of farm supplies, including tile, fence, and every other
thing or commodity used in agricultural, floricultural, horticultural, livestock,
and poultry production and maintenance;
(h)
a motorcycle as defined in Section
41-1a-102
;
(i)
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)
a roadable aircraft as defined in Section
72-10-102
.
(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)
Subsections
(8)(b)
and
(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
or the State Tax Commission
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
or the State Tax Commission
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
or the State Tax Commission
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
,
:
(i)
the county
or the State Tax Commission
may impose a civil penalty of $1,000
.
;
and
(ii)
the State Tax Commission may revoke or suspend the registration certificate of
the vehicle as provided in Section
41-1a-110
.
(c)
The State Tax Commission may retain a portion of the civil penalty described in
Subsection
(14)(b)
to cover the State Tax Commission's costs to conduct the
investigations described in this Subsection
(14)
.
(d)
The State Tax Commission shall transfer to the relevant county any portion of the
civil penalty imposed under Subsection
(14)(b)
that is not necessary to cover the
costs of the State Tax Commission described in Subsection
(14)(c)
.
(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.
Section 4.
Effective Date.
This bill takes effect on
January 1, 2027
.
3-10-26 12:36 PM