No. 40463 (5-year Review): Rule R714-160. Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections

DAR File No.: 40463
Filed: 06/02/2016 10:44:45 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Subsection 53-8-204(5). In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules: (a) setting minimum standards covering the design, construction, condition, and operation of motor vehicle equipment for safely operating a motor vehicle on the highway; (b) establishing motor vehicle safety inspection procedures to ensure a motor vehicle can be operated safely; (c) establishing safety inspection station building, equipment, and personnel requirements necessary to qualify to perform safety inspections; (d) establishing age, training, examination, and renewal requirements to qualify for a safety inspector certificate; (e) establishing program guidelines for a school district that elects to implement a safety inspection apprenticeship program for high school students; (f) establishing requirements: (i) designed to protect consumers from unwanted or unneeded repairs or adjustments, (ii) for maintaining safety inspection records, (iii) for providing reports to the division, and (iv) for maintaining and protecting safety inspection certificates; (g) establishing procedures for a motor vehicle that fails a safety inspection; (h) setting bonding amounts for safety inspection stations if bonds are required under Subsection 53-8-204(3)(a); and (i) establishing procedures for a safety inspection station to follow if the station is going out of business. The rules of the division: (a) shall conform as nearly as practical to federal motor vehicle safety standards including 49 CFR Parts 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety Standards 205, and (b) may incorporate by reference, in whole or in part, the federal standards under Subsection 53-8-204(6)(a) and nationally recognized and readily available standards and codes on motor vehicle safety.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Opposition to parts of Rule R714-160 have included issues with High Intensity Discharge (HID) headlights, window tinting, mud flaps and fender flares, mobile safety inspection stations, windshields etc. When comments, complaints, or requests regarding these issues are received, the Safety Inspection Office responds by investigating the issue or addressing the request. The Safety Inspection Office receives complaints and investigates issues related to concerns from inspectors and consumers. The agency also received a comment that expressed concern that "CNG Safety Inspections for retrofit CNG vehicles" were not being done and another comment that CNG vehicles were passing safety inspection with expired tanks. The agency received another comment regarding a vehicle that had been significantly modified. Because of the modifications, it would not pass safety inspection. The owner indicated the vehicle was safe. A comment was received indicating that replacing the airbags in order to pass safety inspection would be financially burdensome. Comments have been received regarding allowing different colored lights on vehicles (including emergency lights) that are not approved colors such as red, white, yellow, or amber. A comment regarding allowing studded snow tires during warmer months was received. A comment about a vehicle being rejected for windshield wipers leaving streaks was received. Comments were received that plate brake testing machines were letting unsafe vehicles on the road. The agency has received at least one comment about what a low-speed vehicle (LSV) is.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

When complaints are received related to inspection issues they are investigated. Therefore, this rule should be continued. Specific concerns with High Intensity Discharge (HID) headlights have been addressed by the federal government and the Safety Inspection Office follows their interpretation. Window tinting, mud flaps, and fender flares are covered by state statute and the safety inspection administrative rules align with those statutes. Mobile safety inspection stations would be difficult to monitor. Currently, the agency requires new safety inspection stations to have a lift. This would be difficult for a mobile station to meet this requirement. Insuring a mobile station would also be difficult. The agency is in the process of repealing and reenacting this rule, and mud flaps and fender flares will be addressed and the standard for them will be loosened. Damaged windshields will also be addressed. In regards to the comment about inspecting retrofit CNG vehicles, state statute (Section 19-1-406) requires that a safety inspection verify that a CNG vehicle has an up-to-date CSA America fuel system inspection. Standards for inspecting CNG vehicles are also listed in the rule. There is an issue with safety inspectors recognizing and doing proper inspections on CNG vehicles. In regards to vehicles that have been significantly modified, the agency does not have the expertise to determine if the vehicle is safe once it has been significantly altered from its original design. The agency indicated that if the owner could get an engineer to verify that the frame on the vehicle was safe, the agency would accept that. In regards to the comment about replacing airbags, state statute requires they be replaced. In regards to different colored lights on vehicles, there is a process established in state statute and administrative rule where a person can apply for approval. They would not likely be approved. State statute also requires some lights be a certain color (i.e. white, red, or yellow). In regards to allowing studded snow tires during warmer months, state statute lists the time period when they are allowed. The repeal and reenactment of this rule will make it an "advise" instead of a "reject" to have studded snow tires on a vehicle during prohibited times. In regard to windshield wipers leaving streaks, the rule requires that wipers must function properly and contact the windshield firmly. This may be subjective and the agency is addressing this in the repeal and reenactment of this rule. In regards to plate brake testing machines, after attending training about these machines, it appears they are effective if maintained and used properly. In regard to low-speed vehicles, state statute requires that a low-speed vehicle not be altered from the manufacturer. The agency interprets this to mean that a vehicle must be manufactured as a low-speed vehicle, and therefore cannot be converted to one.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Safety
Highway Patrol
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Greg Willmore at the above address, by phone at 801-965-4889, by FAX at , or by Internet E-mail at [e-mail]

Effective:

06/02/2016

Authorized by:

Keith Squires, Commissioner

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