No. 40464 (5-year Review): Rule R714-161. Equipment Standards for Motorcycle and ATV Safety Inspections

DAR File No.: 40464
Filed: 06/02/2016 11:09:57 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:

One comment received is related to the inspection of exhaust systems on motorcycles. The rule requires an inspector to check the exhaust system for excessive noise. But, there is no definition or standard for "excessive" noise. If the muffler is missing, then the vehicle is rejected. Although full-sized street legal vehicles are not included in this rule, concerns about a stations not passing them because of modifications to frames have been received.

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

The state statute requires that a vehicle be equipped, maintained, and operated to prevent excessive or unusual noise, but it doesn't define "excessive" or "unusual." Therefore, it would be difficult for the Safety Inspection program to define these terms and direct an inspector to fail a motorcycle because of noise. Excessive noise is not listed as a reject item in the current rule, although, if an exhaust system has been changed or modified and is not as effective as original specifications, it may be rejected. This could possibly apply to suppressing noise. As far as frames are concerned related to full-sized street legal ATV's, the agency does not have the expertise to determine if a modified frame will be as safe as the original structure. The justification for continuation of this rule is that this is the current standard used for inspecting motorcycles and ATV's. The agency is working on a repeal and reenactment of this rule. With that reenactment, safety inspections for street legal and full-sized street legal ATV's will be part of a separate rule. Therefore, this rule should be continued.

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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