(1) |
The legislative body of each county required by the comprehensive plan for air pollution control developed by the director of the Division of Air Quality in accordance with Subsection 19-2-107(2)(a)(i) to use an emissions opacity inspection and maintenance program for diesel-powered motor vehicles shall:
Terms Used In Utah Code 41-6a-1644- Department: means the Department of Public Safety. See Utah Code 41-6a-102
- 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
- Operator: means :
(a) | a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102- Property: includes both real and personal property. 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
- 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
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(a) |
make regulations or ordinances to implement and enforce the requirement established by the Air Quality Board; |
(b) |
collect information about and monitor the program; and |
(c) |
by August 1 of each year, supply written information to the Department of Environmental Quality to identify program status. |
(2) |
The following vehicles are exempt from an emissions opacity inspection and maintenance program for diesel-powered motor vehicles established by a legislative body of a county under Subsection (1):
(a) |
an implement of husbandry; and |
(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. |
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(3) |
(a) |
The legislative body of a county identified in Subsection (1) shall exempt a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight of 12,000 pounds or less from the emissions opacity inspection and maintenance program requirements of this section, 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, and floricultural and horticultural products; and |
(B) |
for 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. |
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(b) |
The county shall provide to the registered owner who signs and submits a signed statement under this section a certificate of exemption from emissions opacity inspection and maintenance program requirements for purposes of registering the exempt vehicle. |
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Amended by Chapter 360, 2012 General Session
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