H.B. 228

1

AMENDMENTS TO MOTOR VEHICLE
2 PROVISIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Christopher N. Herrod
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending certain motor vehicle
11 provisions.
12 Highlighted Provisions:
13 This bill:
14 . requires the Motor Vehicle Division or a peace officer to immediately seize and
15 take possession of a vehicle if the operator of the vehicle:
16 . is operating a vehicle without being granted the privilege to operate a motor
17 vehicle on a highway or is operating a vehicle while the operator's privilege has
18 been denied, suspended, revoked, or disqualified; or
19 . is operating a vehicle without owner's or operator's security in effect for the
20 vehicle;
21 . provides exceptions to the seizure requirement;
22 . prohibits a person from causing or knowingly permitting a person to operate a
23 motor vehicle or furnishing a vehicle to a person who has not been granted the
24 privilege to operate a motor vehicle on a highway or is operating a vehicle while the
25 person's privilege has been denied, suspended, revoked, or disqualified;
26 . provides penalties for causing or knowingly permitting a person to operate a motor
27 vehicle or furnishing a vehicle to a person who has not been granted the privilege to

28 operate a motor vehicle on a highway or is operating a vehicle while the person's privilege has
29 been denied, suspended, revoked, or disqualified; and
30 . makes technical changes.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 41-1a-1101, as last amended by Laws of Utah 2005, Chapters 2 and 56
38 41-6a-204, as renumbered and amended by Laws of Utah 2005, Chapter 2
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 41-1a-1101 is amended to read:
42 41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
43 (1) (a) The division or any peace officer, without a warrant, may seize and take
44 possession of any vehicle, vessel, or outboard motor:
45 [(a)] (i) that the division or the peace officer has reason to believe has been stolen;
46 [(b)] (ii) on which any identification number has been defaced, altered, or obliterated;
47 [(c)] (iii) that has been abandoned in accordance with Section 41-6a-1408 ;
48 [(d)] (iv) for which the applicant has written a check for registration or title fees that
49 has not been honored by the applicant's bank and that is not paid within 30 days;
50 [(e)] (v) that is placed on the water with improper registration; or
51 [(f)] (vi) that is being operated on a highway:
52 [(i)] (A) with registration that has been expired for more than three months;
53 [(ii)] (B) having never been properly registered by the current owner; or
54 [(iii)] (C) with registration that is suspended or revoked.
55 (b) (i) Except as provided in Subsection (1)(b)(ii), the division or any peace officer,
56 without a warrant, shall seize and take possession of a vehicle, vessel, or outboard motor if:
57 (A) the operator of the vehicle is operating a vehicle on a highway without being
58 granted the privilege to operate a motor vehicle on a highway in accordance with Section

59 53-3-202 ;
60 (B) the vehicle operator's privilege to operate a vehicle on a highway has been denied,
61 suspended, revoked, or disqualified; or
62 (C) the operator of the vehicle is operating a motor vehicle on a highway without
63 owner's or operator's security in effect for the vehicle as required under Section 41-12a-301 .
64 (ii) The division or a peace officer is not required to seize or take possession of a
65 vehicle under Subsection (1)(b)(i)(B) if the division or peace officer has evidence that the
66 operator of the vehicle had owner's or operator's security in effect for the vehicle within the last
67 30 days.
68 (iii) The exception to the seizure requirement under Subsection (1)(b)(ii) does not
69 apply to a person who has been issued a driving privilege card in accordance with Section
70 53-3-207 .
71 (2) If necessary for the transportation of a seized vessel, the vessel's trailer may be
72 seized to transport and store the vessel.
73 (3) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard
74 motor under this section shall comply with the provisions of Section 41-6a-1406 .
75 (4) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
76 the commission shall make rules setting standards for public garages, impound lots, and
77 impound yards that may be used by peace officers and the division.
78 (b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
79 public garages, impound lots, or impound yards per geographical area.
80 (5) (a) Except as provided under Subsection (5)(b), a person may not operate or allow
81 to be operated a vehicle stored in a public garage, impound lot, or impound yard regulated
82 under this part without prior written permission of the owner of the vehicle.
83 (b) Incidental and necessary operation of a vehicle to move the vehicle from one
84 parking space to another within the facility and that is necessary for the normal management of
85 the facility is not prohibited under this Subsection (5)[(a)](b).
86 (6) A person who violates the provisions of Subsection (5) is guilty of a class C
87 misdemeanor.
88 (7) The division or the peace officer who seizes a vehicle shall record the mileage
89 shown on the vehicle's odometer at the time of seizure, if:

90 (a) the vehicle is equipped with an odometer; and
91 (b) the odometer reading is accessible to the division or the peace officer.
92 Section 2. Section 41-6a-204 is amended to read:
93 41-6a-204. Requiring or knowingly permitting driver to unlawfully operate
94 vehicle.
95 (1) A person employing or otherwise directing the operator of a vehicle may not
96 require or knowingly permit the operation of the vehicle on a highway in a manner contrary to
97 law.
98 (2) The owner of a motor vehicle may not cause or knowingly permit a person to
99 operate the vehicle on a highway if:
100 (a) the person has not been granted the privilege to operate a motor vehicle on a
101 highway in accordance with Section 53-3-202 ; or
102 (b) the person's privilege to operate a vehicle on a highway has been denied,
103 suspended, revoked, or disqualified.
104 (3) A person may not furnish a motor vehicle to a person:
105 (a) who has not been granted the privilege to operator a motor vehicle on a highway in
106 accordance with Section 53-3-202 ; or
107 (b) whose privilege to operate a vehicle on a highway has been denied, suspended,
108 revoked, or disqualified.
109 (4) (a) A person who violates a provision of this section is guilty of a class B
110 misdemeanor.
111 (b) A person who violates a provision of this section shall be fined not less that $300.




Legislative Review Note
as of 1-30-08 3:57 PM

Office of Legislative Research and General Counsel