(1)

1. (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or unusual noise.
2. (b) A motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation.
3. (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.

(2)

1. (a) Except while the engine is being warmed to the recommended operating temperature, the engine and power mechanism of a gasoline-powered motor vehicle may not emit visible contaminants during operation.

2. (b)

   1. (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the vehicle's maximum tow weight.

   2. (ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible contaminants during operation:

      1. (A) except while the engine is being warmed to the recommended operating temperature or under a heavy tow; or
      2. (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight rating in excess of 26,000 pounds.

   3. (iii) A diesel engine manufactured before January 1, 2008, may not emit visible contaminants of a shade or density that obscures a contrasting background by more than 20%, for more than five consecutive seconds:

      1. (A) except while the engine is being warmed to the recommended operating temperature or under a heavy tow; or
      2. (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight rating in excess of 26,000 pounds.

3. (c) A person who violates the provisions of Subsection (2)(a) is guilty of an infraction and shall be fined:

   1. (i) not less than $50 for a violation; or
   2. (ii) not less than $100 for a second or subsequent violation within three years of a previous violation of this section.

4. (d) A person who violates the provisions of Subsection (2)(b) is guilty of an infraction and shall be fined:

   1. (i) not less than $100 for a violation; or
   2. (ii) not less than $500 for a second or subsequent violation within three years of a previous violation of this section.

5. (e)

   1. (i) As used in this section:

      1. (A) "Local health department" means the same as that term is defined in Section 26A-1-102.
      2. (B) "Nonattainment area" means the same as that term is defined in Section 63N-3-102.
   2. (ii) Within a nonattainment area, for a second or subsequent violation of Subsection (2)(a) or (2)(b), the court shall report the violations to the local health department at a regular interval.
   3. (iii) If the local health department receives a notification as described in Subsection (2)(e)(ii), and the local health department determines that the registered vehicle is unable to meet state or local air emission standards, the local health department shall send notification to the Motor Vehicle Division.

(3)

1. (a) If a motor vehicle is equipped by a manufacturer with air pollution control devices, the devices shall be maintained in good working order and in constant operation.
2. (b) For purposes of the first sale of a vehicle at retail, an air pollution control device may be substituted for the manufacturer's original device if the substituted device is at least as effective in the reduction of emissions from the vehicle motor as the air pollution control device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle class.
3. (c) A person who renders inoperable an air pollution control device on a motor vehicle is guilty of an infraction.