Utah Code 53-8-209. Inspection by officers — Certificate of inspection

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 cause to believe that:

Division: means the Utah Highway Patrol Division created in Section 53-8-103. See Utah Code 53-8-102
Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
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
Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102

(a)	a vehicle is unsafe or not equipped as required by law;

(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 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 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 or 41-1a-1303, 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

(b)	a violation of Section 41-1a-205, 41-6a-1601, or 53-8-205 or any other equipment related infraction under 16, 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.

Amended by Chapter 345, 2020 General Session
Amended by Chapter 351, 2020 General Session