reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 5 - Regulation of Novelty Lighters › Section 502 - Definitions.

53-7-502.
Definitions.
As used in this part:
(1) "Audio effect" includes music, animal sounds, whistles, buzzers, or other noises not pertinent to the flame-producing function of the lighter.
(2)
(a) "Distribute" means to:
(i) deliver to a person other than the purchaser; or
(ii) provide as part of a commercial promotion or as a prize or premium.
(b) "Distribute" does not include providing as a personal gift.
(3) "Importer" means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution, or retail sales point outside this state:
(a) for the purpose of selling or distributing the lighter within this state; or
(b) with the result that the lighter is sold or distributed within this state.
(4) "Lighter" means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame.
(5) "Misleading design" means a lighter that:
(a) has a shape that resembles or imitates an object other than a lighter;
(b) may have one or more audio or visual effects; and
(c) has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child younger than 10 years of age.
(6) "Novelty lighter":
(a) means a lighter that has:
(i) a misleading design; and
(ii) operates on any fuel, including butane or liquid fuel;
(b) does not mean:
(i) a lighter manufactured before January 1, 1980;
(ii) a lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or
(iii) a mechanical device primarily used to ignite fuel for fireplaces, or for charcoal or gas grills.
(7) "Sell" means to provide or promise to provide a product to a wholesale, retail, mail-order, or other purchaser in exchange for consideration.
(8) "Visual effect":
(a) includes flashing lights, color-changing lights, or changing images; and
(b) does not include logos, decals, decorative artwork, or heat-shrinkable sleeves.
Enacted by Chapter 376, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 5 - Regulation of Novelty Lighters › Section 503 - Rulemaking authority -- Publicly accessible list of contraband lighters maintained by the state fire marshal -- Authority to seize and destroy novelty lighters.

53-7-503.
Rulemaking authority -- Publicly accessible list of contraband lighters maintained by the state fire marshal -- Authority to seize and destroy novelty lighters.
(1) The Utah Fire Prevention Board, created in Section 53-7-203, may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) identify lighters or classes or types of lighters that are novelty lighters; and
(b) provide for an informal adjudicative hearing, as provided in Section 63G-4-203, by the board to hear appeals of decisions of the State Fire Marshal Division under this part.
(2)
(a) The state fire marshal shall establish and maintain a list of lighters, or classes and types of lighters, that the state fire marshal has determined to be novelty lighters under this part.
(b) The state fire marshal shall make the list available on the website maintained by the Department of Public Safety.
(3) A lighter is a contraband item subject to seizure and destruction by the state fire marshal, a representative of the state fire marshal, a local fire enforcement official, or by a law enforcement agency, if the lighter is:
(a) listed, or of a class or type listed, by the state fire marshal as a novelty lighter; and
(b) offered for sale, sold, or distributed in this state.
(4)
(a) The state fire marshal, a representative of the state fire marshal, a local fire enforcement official, or a law enforcement agency may seize a novelty lighter that is not described in Subsection (3).
(b) Upon finding that the person from whom the novelty lighter was seized is subject to a civil penalty under Section 53-7-504 for being an importer, wholesaler, seller, or distributor of the novelty lighter, the state fire marshal or a representative may order that the novelty lighter be forfeited and destroyed.
Enacted by Chapter 376, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 5 - Regulation of Novelty Lighters › Section 504 - Offenses -- Civil penalties -- Penalty money to be deposited into the Fire Prevention Support Account.

Effective 5/12/2020
53-7-504.
Offenses -- Civil penalties -- Penalty money to be deposited into the Fire Prevention Support Account.
(1)
(a) A person may not sell, offer for sale, or distribute a novelty lighter in this state.
(b) A person may not import a novelty lighter into this state for the purpose of selling or distributing the novelty lighter within this state.
(c) A person may not possess a novelty lighter in inventory for the purpose of selling or distributing the novelty lighter within this state.
(2)
(a) The state fire marshal may assess a civil penalty against a person who violates Subsection (1) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) The civil penalty for a violation of Subsection (1) may not exceed:
(i) $10,000 for the importation of novelty lighters;
(ii) $1,000 if the person acts as a wholesaler of novelty lighters or distributes novelty lighters by means other than distribution directly to consumers; and
(iii) $500 if the person is:
(A) a retail seller of novelty lighters; or
(B) a person distributing novelty lighters, other than as a manufacturer, importer, or wholesaler.
(3) If a person continues to violate this section after the state fire marshal gives the person written notice of a violation, each day that the violation continues after written notice is given is a separate offense subject to a civil penalty.
(4)
(a) For purposes of imposing civil penalties, it is prima facie evidence that a lighter is a novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section 53-7-503, or is of a class or type of lighter listed by the state fire marshal as a novelty lighter.
(b) Listing by the state fire marshal is not a requirement for a determination that a lighter is a novelty lighter.
(5) All money collected from civil penalties under this section shall be deposited into the Fire Prevention Support Account created in Section 53-7-204.2.
(6) A person may seek judicial review of a final agency action under this part as provided in Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 403, 2020 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 5 - Regulation of Novelty Lighters › Section 505 - Authority to have reasonable access to inspect facilities and records.

53-7-505.
Authority to have reasonable access to inspect facilities and records.
(1) The state fire marshal, a representative of the state fire marshal, or a local fire enforcement official may conduct inspections to ensure compliance with Section 53-7-504. The state fire marshal, a representative of the state fire marshal, or a local fire enforcement official may, regarding facilities within this state used in the business of importing, distributing, selling, or storing of lighters:
(a) have access during reasonable business hours;
(b) inspect the facilities and any lighters located at the facilities; and
(c) inspect all business records pertaining to lighter import, distribution, sale, or storage.
(2) A person engaged in this state in the business of importing, distributing, selling, or storing lighters shall grant the state fire marshal, a representative of the state fire marshal, or a local fire enforcement official reasonable access for conducting inspections under Subsection (1).
Enacted by Chapter 376, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 5 - Regulation of Novelty Lighters › Section 506 - Attorney general may bring action at request of the state fire marshal.

53-7-506.
Attorney general may bring action at request of the state fire marshal.
The state attorney general may bring an action at the request of the state fire marshal, in the name of the state, seeking:
(1) injunctive relief to prevent or end a violation of Section 53-7-504 or 53-7-505;
(2) to recover civil penalties imposed under Section 53-7-504;
(3) to obtain access for inspections under Section 53-7-505; or
(4) to recover attorney fees and other enforcement costs.
Enacted by Chapter 376, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 1 - Utah Highway Patrol Division Administration › Section 102 - Definitions.

53-8-102.
Definitions.
As used in this chapter:
(1) "Division" means the Utah Highway Patrol Division created in Section 53-8-103.
(2) "Highway Patrol" means the Highway Patrol troopers employed under Section 53-8-104.
(3) "Superintendent" means the director of the division, appointed under Section 53-8-103.
Enacted by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 1 - Utah Highway Patrol Division Administration › Section 103 - Utah Highway Patrol Division -- Creation -- Appointment of superintendent -- Powers -- Qualifications -- Term -- Compensation.

Effective 7/1/2021
53-8-103.
Utah Highway Patrol Division -- Creation -- Appointment of superintendent -- Powers -- Qualifications -- Term -- Compensation.
(1) There is created the Utah Highway Patrol Division.
(2) The director of the division shall be the superintendent appointed by the commissioner with the approval of the governor.
(3) The superintendent is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner.
(4) The superintendent acts under the supervision and control of the commissioner and may be removed from his position at the will of the commissioner.
(5) The superintendent shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 1 - Utah Highway Patrol Division Administration › Section 104 - Superintendent's duties.

53-8-104.
Superintendent's duties.
The superintendent shall:
(1) divide the state highways into sections for the purpose of patrolling and policing;
(2) employ peace officers known as highway patrol troopers to patrol or police the highways within this state and to enforce the state statutes as required;
(3) establish ranks, grades, and positions in the Highway Patrol and designate the authority and responsibility in each rank, grade, and position;
(4) establish for the Highway Patrol standards and qualifications and fix prerequisites of training, education, and experience for each rank, grade, and position;
(5) appoint personnel to each rank, grade, and position necessary for the efficient operation and administration of the Highway Patrol;
(6) devise and administer examinations designed to test applicants for positions with the Highway Patrol;
(7) make rules governing the Highway Patrol as appear to the superintendent advisable;
(8) discharge, demote, or temporarily suspend any employee in the Highway Patrol for cause;
(9) prescribe the uniforms to be worn and the equipment to be used by employees of the Highway Patrol;
(10) charge against each employee of the Highway Patrol the value of any property of the state lost or destroyed through the carelessness of the employee;
(11) establish, with the approval of the Division of Finance, the terms and conditions under which expense allowance should be paid to any employee of the Highway Patrol while away from his station;
(12) station the Highway Patrol in localities as he finds advisable for the enforcement of the laws of this state;
(13) conduct in conjunction with the State Board of Education in and through all state schools an educational campaign in highway safety and work in conjunction with civic organizations, churches, local units of government, and other organizations that may function in accomplishing the purposes of reducing highway accidents;
(14) provide the initial mandatory uniform items for each new trooper hired after July 1, 1998;
(15) determine by rule a basic uniform allowance system which includes the manner in which troopers may receive maintenance services and vouchers for basic uniforms and administer any funds appropriated by the Legislature to the division for that purpose; and
(16) on or before January 1, 2003, adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender.
Amended by Chapter 219, 2002 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 1 - Utah Highway Patrol Division Administration › Section 105 - Duties of Highway Patrol.

Effective 5/3/2023
53-8-105.
Duties of Highway Patrol.
(1) In addition to the duties in this chapter, the Highway Patrol shall:
(a) enforce the state laws and rules governing use of the state highways;
(b) regulate traffic on all highways and roads of the state;
(c) assist the governor in an emergency or at other times at his discretion;
(d) in cooperation with federal, state, and local agencies, enforce and assist in the enforcement of all state and federal laws related to the operation of a motor carrier on a highway, including all state and federal rules and regulations;
(e) inspect certain vehicles to determine road worthiness and safe condition as provided in Section 41-6a-1630;
(f) upon request, assist with any condition of unrest existing or developing on a campus or related facility of an institution of higher education;
(g) assist the Alcoholic Beverage Services Commission in an emergency to enforce the state liquor laws;
(h) provide security and protection for both houses of the Legislature while in session as the speaker of the House of Representatives and the president of the Senate find necessary;
(i) enforce the state laws and rules governing use of the capitol hill complex as defined in Section 63C-9-102; and
(j) carry out the following for the Supreme Court and the Court of Appeals:
(i) provide security and protection to those courts when in session in the capital city of the state;
(ii) execute orders issued by the courts; and
(iii) carry out duties as directed by the courts.
(2)
(a) The division and the department shall annually:
(i) evaluate the inventory of new and existing state highways, in coordination with relevant local law enforcement agencies, to determine which law enforcement agency is best suited to patrol and enforce state laws and regulate traffic on each state highway; and
(ii) before October 1 of each year, report to the Transportation Interim Committee and the Executive Offices and Criminal Justice Appropriations Subcommittee regarding:
(A) significant changes to the patrol and enforcement responsibilities resulting from the evaluation described in Subsection (2)(a)(i); and
(B) any budget request necessary to accommodate additional patrol and enforcement responsibilities.
(b) The division and the department shall, before July 1 of each year, coordinate with the Department of Transportation created in Section 72-1-201 regarding patrol and enforcement responsibilities described in Subsection (2)(a) and incident management services on state highways.
Amended by Chapter 432, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 1 - Utah Highway Patrol Division Administration › Section 106 - Vested with powers of peace officers.

53-8-106.
Vested with powers of peace officers.
(1) The commissioner, superintendent, and each member of the Highway Patrol have the powers of peace officers in each county of the state with the exception of the power to serve civil process.
(2) They may serve criminal process, arrest and prosecute violators of any law of this state, and have the same right as other peace officers to require aid in executing their duties.
(3) The powers and duties conferred upon the superintendent and members of the Highway Patrol are supplementary to and not a limitation on the powers and duties of other peace officers in the state.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 1 - Utah Highway Patrol Division Administration › Section 107 - Cooperation with other officers.

53-8-107.
Cooperation with other officers.
To secure information in order to achieve greater success in prevention and detection of crime and apprehension of criminals, the Highway Patrol shall cooperate and exchange information with:
(1) any other departments of the state;
(2) other law enforcement agencies, both within and outside this state; and
(3) federal law enforcement agencies.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 205 - Safety inspection required for certain vehicles -- Out-of-state permits.

Effective 1/1/2018
53-8-205.
Safety inspection required for certain vehicles -- Out-of-state permits.
(1)
(a) A salvage vehicle as defined in Section 41-1a-1001 is required to pass a safety inspection when an application is made for initial registration as a salvage vehicle.
(b) An off-highway vehicle being registered for the first time as a street-legal all-terrain vehicle as described in Section 41-6a-1509 is required to pass a safety inspection when the owner makes the initial application to register the vehicle as a street-legal all-terrain vehicle.
(c) The owner of a commercial vehicle, as defined in Section 72-9-102, shall:
(i) ensure that the commercial vehicle passes a safety inspection annually; or
(ii) provide evidence of a valid annual federal inspection that complies with the requirements of 49 C.F.R. Sec. 396.17.
(d) The owner of a vehicle operated by a ground transportation service provider as defined in Section 72-10-601 shall ensure that the vehicle passes a safety inspection annually.
(e) An owner of one or more of the following types of vehicles shall ensure that the vehicle passes a safety inspection annually:
(i) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with multiple axles;
(ii) a combination unit;
(iii) a bus or van for hire; or
(iv) a taxicab.
(2) A safety inspection station shall issue two safety inspection certificates to the owner of:
(a) each motor vehicle that passes a safety inspection under this section; and
(b) a street-legal all-terrain vehicle that meets all the equipment requirements in Section 41-6a-1509.
(3) A person operating a motor vehicle required to have an annual safety inspection shall have in the person's immediate possession a safety inspection certificate or other evidence of compliance.
(4) The division may authorize the acceptance of a safety inspection certificate issued in another state having a safety inspection law similar to Utah's law.
(5) Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
Amended by Chapter 149, 2017 General Session
Amended by Chapter 406, 2017 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 206 - Safety inspection -- Station requirements -- Permits not transferable -- Certificate of inspection -- Fees -- Unused certificates -- Suspension or revocation of permits.

Effective 5/14/2019
53-8-206.
Safety inspection -- Station requirements -- Permits not transferable -- Certificate of inspection -- Fees -- Unused certificates -- Suspension or revocation of permits.
(1) The safety inspection required under this part may only be performed:
(a) by a person certified by the division as a safety inspector; and
(b) at a safety inspection station with a valid safety inspection station permit issued by the division.
(2)
(a) A safety inspection station permit may not be assigned, or transferred, or used at any location other than a designated location.
(b) The holder of a safety inspection station permit shall post the permit in a conspicuous place at the location designated in the permit.
(3) If required by the division, the safety inspector shall keep a record and file a report of every safety inspection and every safety inspection certificate issued.
(4) A safety inspection station holding a safety inspection station permit issued by the division may charge a reasonable fee for labor in performing safety inspections, not to exceed:
(a) $14 or less for motorcycles and street-legal all-terrain vehicles;
(b) unless Subsection (4)(a) or (c) applies, $30 or less for motor vehicles; or
(c) $40 or less for 4-wheel drive, split axle, and any motor vehicles that necessitate disassembly of front hub or removal of rear axle for inspection.
(5)
(a) A safety inspection station may return to the division unused safety inspection certificates in a quantity of 10 or more.
(b) The division shall reimburse the station for the cost of the returned safety inspection certificates.
(6)
(a) Upon receiving notice of the suspension or revocation of a safety inspection station permit and after the conclusion of any adjudicative proceedings upholding the suspension or revocation, the safety inspection station permit holder shall:
(i) immediately terminate all safety inspection activities; and
(ii) return all safety inspection certificates and the safety inspection station permit to the division.
(b) The division shall issue a receipt for all unused safety inspection certificates.
Amended by Chapter 80, 2019 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 207 - Falsely representing to be official station or safety inspector.

53-8-207.
Falsely representing to be official station or safety inspector.
(1) A person may not in any manner represent any place as a safety inspection station unless the station is operating under a valid permit issued by the division.
(2) A person may not issue a safety inspection certificate unless the person:
(a) is a safety inspector certified by the division;
(b) is operating under a valid safety inspection station permit issued by the division; and
(c) performs the safety inspection on the motor vehicle in compliance with Section 53-8-205.
(3) An unauthorized person may not knowingly possess safety inspection certificates.
Renumbered and Amended by Chapter 26, 1993 General Session
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 208 - Counterfeit certificates of inspection.

53-8-208.
Counterfeit certificates of inspection.
(1) A person may not make, issue, or knowingly use any imitation or counterfeit of a safety inspection certificate.
(2) A person may not present or cause or permit to be presented any safety inspection certificate knowing the certificate to be fictitious, issued for another motor vehicle, or issued without a safety inspection having been made and passed.
Renumbered and Amended by Chapter 26, 1993 General Session
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 209 - Inspection by officers -- Certificate of inspection.

Effective 5/12/2020
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:
(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 Title 41, Chapter 6a, Part 16, Vehicle Equipment, 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
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 210 - Enforcement of inspection requirements.

Effective 5/12/2020
53-8-210.
Enforcement of inspection requirements.
(1) A person operating a vehicle shall submit the vehicle to a safety inspection when required to do so by a peace officer.
(2)
(a) An owner or driver, upon receiving a notice as provided in Section 53-8-209, shall within 14 business days:
(i) secure a safety inspection certificate; and
(ii) present the certificate and the repaired vehicle to the Utah Highway Patrol for verification.
(b) In lieu of compliance with this subsection, the vehicle may not be operated, except as provided in Subsection (3).
(3)
(a) A person may not operate any vehicle after receiving a notice from a peace officer that the vehicle is in need of repair or adjustment, except that a peace officer may allow the vehicle to be driven to the residence or place of business of the owner or driver or to the nearest garage where repairs are available if driving the vehicle is not excessively dangerous.
(b) The vehicle may not be operated again on the highways until its equipment has been placed in proper repair and adjustment and otherwise conforms to the requirements of this part and Title 41, Chapter 6a, Traffic Code, and a safety inspection certificate is obtained as promptly as possible.
(4) If repair or adjustment of any vehicle or its equipment is necessary, the owner of the vehicle may obtain repair or adjustment at any place he may choose.
Amended by Chapter 345, 2020 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 211 - Safety inspection of school buses and other vehicles.

Effective 1/1/2021
53-8-211.
Safety inspection of school buses and other vehicles.
(1) For purposes of this section and Section 53-8-211.5, "education entity" means:
(a) a school district;
(b) a charter school;
(c) a private school; and
(d) the Utah Schools for the Deaf and the Blind.
(2)
(a) A school bus operated by an education entity in this state is required to pass a safety inspection annually.
(b)
(i) An education entity shall perform the safety inspections of a school bus that it operates in accordance with rules made by the division under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(ii) The rules under Subsection (2)(b)(i) shall include provisions for:
(A) maintaining school bus drivers' hours of service records;
(B) requiring school bus drivers to maintain vehicle condition reports;
(C) maintaining school bus maintenance and repair records; and
(D) validating that defects discovered during the inspection process have been corrected prior to returning a school bus to service.
(iii)
(A) The division shall audit school bus safety operations of each education entity performing inspections under Subsection (2)(b)(i) to ensure compliance with the rules made under Subsection (2)(b)(i).
(B) The audit may include both a formal examination of the education entity's inspection records and a random physical inspection of buses that have been safety inspected by the education entity.
(iv) An education entity must have a comprehensive school bus maintenance plan approved by the division in order to participate in the safety inspection program.
(v) An education entity may not operate any vehicle found to have mechanical or other defects that would endanger the safety of passengers and the public until the defects have been corrected.
(3) In addition to a safety inspection required under Subsection (2)(b), the Highway Patrol shall:
(a) perform random safety inspections:
(i) annually on a minimum of 20% of the school buses operated by an education entity; and
(ii) on 100% of school buses operated by an education entity when inspections conducted pursuant to Subsection (3)(a)(i) result in an out-of-service failure rate as determined by the division;
(b) verify that defects discovered during an inspection under Subsection (3)(a) have been corrected; and
(c) make publicly available the results of inspections performed under Subsection (3)(a).
(4) Motor vehicles operated by an education entity, and not used for the transportation of students, are subject to Section 53-8-205.
Amended by Chapter 71, 2020 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 211.5 - School bus safety standards -- Exceptions.

Effective 5/9/2017
53-8-211.5.
School bus safety standards -- Exceptions.
(1) Beginning July 1, 2003, an education entity, as defined in Section 53-8-211, may not use a vehicle with a seating capacity of 11 or more, including the driver, for the transportation of its students unless the vehicle meets federal school bus safety standards under 49 U.S.C. Sec. 30101, et seq.
(2) Subsection (1) does not apply to a vehicle operated by a common carrier, as defined in Section 59-12-102, if the common carrier is not exclusively engaged in the transportation of students.
Amended by Chapter 145, 2017 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 212 - Suspension of registration.

53-8-212.
Suspension of registration.
The State Tax Commission shall suspend the registration of any vehicle the division determines is in an unsafe condition or which after notice and demand is not equipped as required in this part and Title 41, Motor Vehicles.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 213 - Special function officer status for certain employees -- Retirement provisions.

53-8-213.
Special function officer status for certain employees -- Retirement provisions.
(1) The commissioner may designate an employee of the Utah Highway Patrol Division as a special function officer, as defined in Section 53-13-105, for the purpose of enforcing all laws relating to vehicle parts and equipment, including the provisions of this part and Title 41, Chapter 6a, Part 16, Vehicle Equipment.
(2) Notwithstanding Section 49-15-201, a special function officer designated under this section may not become or be designated as a member of the Public Safety Retirement Systems.
Amended by Chapter 2, 2005 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 2 - Motor Vehicle Safety Inspection Act › Section 214 - Creation of the Motor Vehicle Safety Impact Restricted Account.

Effective 1/1/2024
53-8-214.
Creation of the Motor Vehicle Safety Impact Restricted Account.
(1) There is created a restricted account within the General Fund known as the Motor Vehicle Safety Impact Restricted Account.
(2) The account includes:
(a) deposits made to the restricted account from registration fees as described in Subsection 41-1a-1201(7);
(b) donations or deposits made to the account; and
(c) any interest earned on the account.
(3) Upon appropriation, the division may use funds in the account to improve motor vehicle safety, mitigate impacts, and enforce safety provisions, including the following:
(a) hiring new Highway Patrol troopers;
(b) payment of overtime for Highway Patrol troopers; and
(c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
(4) The division shall annually report to the Executive Offices and Criminal Justice Appropriations Subcommittee to justify expenditures and use of funds in the account.
Amended by Chapter 33, 2023 General Session
Amended by Chapter 212, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 3 - Aero Bureau Act › Section 302 - Definitions.

53-8-302.
Definitions.
As used in this section, "Aero Bureau" means the bureau within the division that provides aerial assistance for law enforcement activities within the state.
Enacted by Chapter 71, 2012 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 8 - Utah Highway Patrol Act › Part 3 - Aero Bureau Act › Section 303 - Utah Highway Patrol Aero Bureau Restricted Account.

53-8-303.
Utah Highway Patrol Aero Bureau Restricted Account.
(1) As used in this section, "account" means the Utah Highway Patrol Aero Bureau Restricted Account created by this section.
(2) There is created a restricted account in the General Fund known as the "Utah Highway Patrol Aero Bureau Restricted Account."
(3) The account shall consist of:
(a) money deposited into the account in accordance with Section 41-22-19;
(b) money appropriated to the account by the Legislature; and
(c) any other public or private money received by the division that is:
(i) given to the division for purposes consistent with this section; and
(ii) deposited into the account at the request of:
(A) the division; or
(B) the person giving the money.
(4) Money in the account may only be expended for:
(a) the purchase of aircraft and helicopters for use by the Aero Bureau in search and rescue operations;
(b) replacement, maintenance, and upgrade of search and rescue equipment;
(c) search and rescue training and certification for division officers and employees;
(d) personnel and fuel costs of the Aero Bureau associated with providing search and rescue services; and
(e) any other equipment or expenses necessary or appropriate for conducting search and rescue activities.
Enacted by Chapter 71, 2012 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 103 - Commissioner of Public Safety to administer -- Bureau to issue licenses -- Records -- Bonds -- Rulemaking.

Effective 5/13/2014
53-9-103.
Commissioner of Public Safety to administer -- Bureau to issue licenses -- Records -- Bonds -- Rulemaking.
(1) The commissioner shall administer this chapter.
(2)
(a) The bureau, acting at the direction of the commissioner, shall issue a private investigator license to an applicant whom the board finds meets the qualifications for licensure under this chapter.
(b) The bureau shall issue a license to an apprentice applicant who meets the qualifications for licensure under this chapter within five business days of receipt of the application.
(c) The bureau shall notify each licensee under this chapter when a licensee's license is due for renewal in accordance with procedures established by rule.
(3)
(a) The bureau shall keep records of:
(i) all applications for licenses under this chapter; and
(ii) all bonds and proof of certificates of liability and workers' compensation insurance required to be filed.
(b) The records shall include statements as to whether a license or renewal license has been issued for each application.
(4) If a license is revoked, suspended, canceled, or denied or if a licensee is placed on probation, the date of filing the order for revocation, suspension, cancellation, denial, or probation shall be included in the records.
(5) The bureau shall maintain:
(a) a list of all licensees whose license has been revoked, suspended, placed on probation, or canceled; and
(b) a written record of complaints filed against licensees.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner may make rules governing the administration of the provisions of this chapter.
Amended by Chapter 378, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 104 - Board -- Creation-- Qualifications -- Appointments -- Terms -- Immunity.

53-9-104.
Board -- Creation-- Qualifications -- Appointments -- Terms -- Immunity.
(1) There is established a Private Investigator Hearing and Licensure Board consisting of five members appointed by the commissioner.
(2) Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment.
(a) Two members shall be qualifying parties who are licensed as provided in this chapter.
(b) One member shall be a supervisory investigator from the commissioner's office.
(c) One member shall be a chief of police or sheriff.
(d) One member shall be a public member who shall not have a financial interest in a private investigative agency and shall not have an immediate family member or a household member or friend who is licensed or registered under this chapter.
(3)
(a) Each member of the board shall serve four-year staggered terms beginning and ending on January 1.
(b) Notwithstanding the term requirements of Subsection (3)(a), the commissioner may adjust the length of terms to ensure the terms of board members are staggered so that approximately one member of the board is appointed every year.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) At its first meeting every year, the board shall elect a chair, vice chair, and secretary from its membership.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) A member shall not serve more than one term, except that a member appointed to fill a vacancy or appointed for an initial term of less than four years may be reappointed for one full term.
(8) The commissioner, after a board hearing and recommendation, may remove any member of the board for misconduct, incompetency, or neglect of duty.
(9) Members of the board are immune from suit with respect to all acts done and actions taken in good faith in furtherance of the purposes of this chapter.
Amended by Chapter 286, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 105 - Powers and duties of the board.

53-9-105.
Powers and duties of the board.
(1) The board shall:
(a) review applications for licenses and renewals of licenses for private investigators and approve or deny the applications;
(b) upon receiving a timely filed petition, review within a reasonable time the denial, suspension, or revocation of a private investigator license; and
(c) review all complaints and make recommendations to the commissioner regarding disciplinary action.
(2) The board may take and hear evidence, administer oaths and affirmations, and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents, and other information relating to a formal complaint against or bureau investigation of a private investigator.
Amended by Chapter 432, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 106 - Meetings -- Hearings.

53-9-106.
Meetings -- Hearings.
(1) The board shall meet quarterly, unless the board has no business to conduct during that quarter, and shall also meet at the call of the chair.
(2) A quorum consists of three members.
(3) If a member has three unexcused absences within a 12-month period, the board may hold a hearing to determine if that board member should be released from board duties.
Amended by Chapter 330, 2003 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 107 - Classification of licenses -- License required to act.

Effective 5/5/2021
53-9-107.
Classification of licenses -- License required to act.
(1) Every person applying for a license under this chapter shall indicate on the application which of the following licenses the applicant is applying for:
(a) an agency license shall be issued to an applicant who meets the agency requirements of Sections 53-9-108 and 53-9-109;
(b) a registrant license shall be issued to an applicant who meets the registrant requirements of Sections 53-9-108 and 53-9-110; or
(c) an apprentice license shall be issued to an applicant who meets the apprentice requirements of Sections 53-9-108 and 53-9-110.
(2) Unless licensed under this chapter, a person may not:
(a) act or assume to act as, or represent himself to be:
(i) a licensee; or
(ii) a private investigator or private detective as defined in Section 53-9-102 or conduct any investigation as described in the definition of private investigator or private detective; or
(b) falsely represent to be employed by or for an independent contractor for an agency.
(3) A licensed registrant, as defined in Section 53-9-102, may only work as an employee of, or as an independent contractor for, an agency licensed under this chapter, and may not:
(a) advertise the licensed registrant's services or conduct investigations for the general public; or
(b) employ other private investigators or hire them as independent contractors.
(4)
(a) A licensed apprentice, as defined in Section 53-9-102, may only work under the direct supervision and guidance of an agency licensed under this chapter, and may not:
(i) advertise the licensed apprentice's services or conduct investigations for the general public;
(ii) employ other private investigators; or
(iii) obtain information from the Utah State Tax Commission Motor Vehicle Division or Driver License Division within the Department of Public Safety, except the apprentice may utilize information from these agencies for a legitimate business need and under the direct supervision and guidance of a licensed agency.
(b) A registrant or apprentice whose license has been suspended or revoked shall immediately notify the agency which supervises the registrant or apprentice of the action.
Amended by Chapter 211, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 109 - Application for agency license -- Liability insurance -- Workers' compensation.

53-9-109.
Application for agency license -- Liability insurance -- Workers' compensation.
(1) Every application for an agency license to engage in the private investigative business shall provide to the bureau:
(a) the full name and business address of the applicant;
(b) one passport-size color photograph of the applicant;
(c) the name under which the applicant intends to do business;
(d) a statement that the applicant intends to engage in the private investigative business;
(e) a verified statement of the applicant's experience and qualifications as provided in Section 53-9-108; and
(f) the fee prescribed in Section 53-9-111.
(2) Before the issuance or renewal of an agency license, the applicant shall provide to the bureau:
(a) a certificate of liability insurance; and
(b) a certificate of workers' compensation insurance, if applicable.
(3) The liability insurance required by this section shall:
(a) protect against liability to third persons;
(b) contain a limit of liability in an amount of not less than $500,000;
(c) be continuous in form and run concurrently with the license period; and
(d) provide for notice to the bureau in the event of cancellation of the liability insurance.
(4)
(a) The bureau shall cancel a license when it receives notice from the insurer that liability insurance required under Subsection (2) has expired or been canceled.
(b) The licensee shall be notified by the bureau when a license has been cancelled under this Subsection (4).
(c) The license may be reinstated when the licensee:
(i) files proof of liability insurance for the remainder of the license period; and
(ii) pays the reinstatement fee prescribed in Section 53-9-111.
Amended by Chapter 432, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 110 - Application for registrant or apprentice license.

Effective 5/12/2015
53-9-110.
Application for registrant or apprentice license.
(1) Every application for a registrant or apprentice license shall provide to the bureau:
(a) the full name and address of the applicant;
(b) one passport-size color photograph of the applicant;
(c) the name of the licensed agency for which the applicant will be an employee, apprentice, or contract registrant, if applicable;
(d) authorization of the licensed agency or its designee to employ the apprentice or contract with the registrant, if applicable;
(e) a verified statement of the applicant's experience and qualifications as provided in Section 53-9-108; and
(f) the fee prescribed in Section 53-9-111.
(2) An application for a registrant or apprentice license or renewal shall be accompanied by a surety bond in the amount of $10,000.
(3) The surety bond required by this section shall:
(a) be in effect throughout the entire licensing period; and
(b) provide that the issuer of the surety bond will notify the bureau if the bond is cancelled or expired.
(4)
(a) The bureau shall cancel a license when it receives notice from the insurer that the bond required in Subsection (2) has expired or been cancelled.
(b) The licensee shall be notified by the bureau when a license has been cancelled under this Subsection (4).
(c) The license may be reinstated when the licensee:
(i) files proof of a bond for the remainder of the license period; and
(ii) pays the reinstatement fee prescribed in Section 53-9-111.
Amended by Chapter 170, 2015 General Session