Bill Summary – FastDemocracy

Enrolled Copy                                                                            S.B. 31
                       SAFETY INSPECTIONS FOR CITED VEHICLES
                                      2020 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Kathleen Riebe
                                   House Sponsor: Lee B. Perry
 6
 LONG TITLE
 General Description:
         This bill extends the time period for motor vehicles to be repaired after being cited by
 an officer.
 Highlighted Provisions:
         This bill:
         < extends the time period for persons to repair a vehicle after being cited by a peace
 officer; and
         < allows a peace officer to stop and inspect a vehicle that has been in an accident.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
         None
 Utah Code Sections Affected:
 AMENDS:
         53-8-209, as last amended by Laws of Utah 2017, Chapter 149
         53-8-210, as last amended by Laws of Utah 2016, Chapter 348
24
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 53-8-209 is amended to read:
         53-8-209. Inspection by officers -- Certificate of inspection.
         (1) A peace officer may stop, inspect, and test a vehicle at any time upon reasonable
       S.B. 31
                                                                                        Enrolled Copy
 cause to believe that:
         (a) a vehicle is unsafe or not equipped as required by law; [or]
         (b) the vehicle's equipment is not in proper adjustment or repair[.]; or
         (c) the vehicle has been in an accident and a post accident investigation is necessary.
         (2) (a) (i) If a vehicle is found to be in unsafe condition or any required part or
 equipment is not present or is not in proper repair and adjustment, the officer may give a
 written notice to the driver and shall send a copy to the division.
         (ii) The notice shall:
         (A) require that the vehicle be placed in safe condition and the vehicle's equipment in
 proper repair and adjustment;
         (B) specify the repairs and adjustments needed; and
         (C) require that a safety inspection certificate be obtained within [five] 14 days.
         (b) If a vehicle is, in the reasonable judgment of the peace officer, hazardous to
 operate, the peace officer may require that the vehicle:
         (i) not be operated under its own power; or
         (ii) be driven to the nearest garage or other place of safety.
         (c) (i) If the owner or driver does not comply with the notice requirements and secure a
 safety inspection certificate within [five] 14 days, the vehicle may not be operated on the
 highways of this state.
         (ii) A violation of Subsection (2)(c)(i) is an infraction.
         (3) An owner or driver of a vehicle is not guilty of an infraction and is not required to
 pay a fee or fine if the citation was issued for:
         (a) expired registration in violation of Section 41-1a-201, and:
         (i) the citation was issued within two months after the expiration of the vehicle's
 registration; and
         (ii) the owner or driver registers the vehicle within 14 days after the citation was
 issued; or
                                                         -2-
       Enrolled Copy                                                                             S.B. 31
         (b) a violation of Section 41-1a-205, 41-6a-1601, or 53-8-205 or any other equipment
 related infraction under Title 41, Chapter 6a, Part 16, Vehicle Equipment, and the owner or
 driver obtains a safety inspection, emissions inspection, or proof of repair, as applicable, within
 14 days after the citation was issued.
         Section 2. Section 53-8-210 is amended to read:
         53-8-210. Enforcement of inspection requirements.
         (1) A person operating a vehicle shall submit the vehicle to a safety inspection when
 required to do so by a peace officer.
         (2) (a) An owner or driver, upon receiving a notice as provided in Section 53-8-209,
 shall within [five] 14 business days:
         (i) secure a safety inspection certificate[, which shall be issued in duplicate, one copy
 to be retained by the owner or driver and the other copy to be forwarded to the division.]; and
         (ii) present the certificate and the repaired vehicle to the Utah Highway Patrol for
 verification.
         (b) In lieu of compliance with this subsection, the vehicle may not be operated, except
 as provided in Subsection (3).
         (3) (a) A person may not operate any vehicle after receiving a notice from a peace
 officer that the vehicle is in need of repair or adjustment, except that a peace officer may allow
 the vehicle to be driven to the residence or place of business of the owner or driver or to the
 nearest garage where repairs are available if driving the vehicle is not excessively dangerous.
         (b) The vehicle may not be operated again on the highways until its equipment has
 been placed in proper repair and adjustment and otherwise conforms to the requirements of this
 part and Title 41, Chapter 6a, Traffic Code, and a safety inspection certificate is obtained as
 promptly as possible.
         (4) If repair or adjustment of any vehicle or its equipment is necessary, the owner of
 the vehicle may obtain repair or adjustment at any place he may choose.
                                                     -3-
Statutes affected: 
Introduced: 41-3-303, 53-8-205
Enrolled: 53-8-209, 53-8-210