Utah Code 41-6a-1642. Emissions inspection — County program

Superseded 1/1/2024)

Superseded 1/1/2024
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:

Terms Used In Utah Code 41-6a-1642

County legislative body: means :Utah Code 68-3-12.5
Department: means the Department of Public Safety. See Utah Code 41-6a-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Land: includes :Utah Code 68-3-12.5
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. See Utah Code 41-6a-102
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. See Utah Code 41-6a-102

Operator: means :

(a)

a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102

parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102

Property: includes both real and personal property. See Utah Code 68-3-12.5

Restored-modified vehicle: means the same as the term defined in Section 41-1a-102. See Utah Code 41-6a-102

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

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. See Utah Code 41-6a-102

(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)

to the extent allowed under the current federally approved state implementation plan, in accordance with the federal Clean Air Act, 42 U.S.C. § 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;

(f)

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;

(g)	a motorcycle as defined in Section 41-1a-102;

(h)	an electric motor vehicle as defined in Section 41-1a-102; and

(i)	a motor vehicle with a model year of 1967 or older.

(5)	The county shall issue to the registered owner who signs and submits a signed statement under Subsection (4)(f) 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. § 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 an appropriate legislative committee, as designated by the Legislative Management Committee, at times determined by the designated 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.

Amended by Chapter 22, 2023 General Session
Amended by Chapter 532, 2023 General Session

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