First Substitute H.B. 228

Representative Christopher N. Herrod proposes the following substitute bill:

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 . authorizes the Motor Vehicle Division or a peace officer to seize and take
15 possession of a vehicle if the vehicle is being operated on a highway:
16 . by a person who has not been granted the privilege to operate a motor vehicle
17 on a highway; or
18 . by a person whose privilege to operate a vehicle on a highway has been denied,
19 suspended, revoked, or disqualified; and
20 . prohibits and provides penalties for causing or knowingly permitting a person to
21 operate a motor vehicle or furnishing a vehicle to a person who has not been granted
22 the privilege to operate a motor vehicle on a highway or is operating a vehicle while
23 the person's privilege has been denied, suspended, revoked, or disqualified; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 41-1a-1101, as last amended by Laws of Utah 2005, Chapters 2 and 56
32 41-6a-204, as renumbered and amended by Laws of Utah 2005, Chapter 2
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 41-1a-1101 is amended to read:
36 41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
37 (1) The division or any peace officer, without a warrant, may seize and take possession
38 of any vehicle, vessel, or outboard motor:
39 (a) that the division or the peace officer has reason to believe has been stolen;
40 (b) on which any identification number has been defaced, altered, or obliterated;
41 (c) that has been abandoned in accordance with Section 41-6a-1408 ;
42 (d) for which the applicant has written a check for registration or title fees that has not
43 been honored by the applicant's bank and that is not paid within 30 days;
44 (e) that is placed on the water with improper registration; or
45 (f) that is being operated on a highway:
46 (i) with registration that has been expired for more than three months;
47 (ii) having never been properly registered by the current owner; [or]
48 (iii) with registration that is suspended or revoked[.];
49 (iv) by a person who has not been granted the privilege to operate a motor vehicle on a
50 highway in accordance with Section 53-3-202 ; or
51 (v) by a person whose privilege to operate a vehicle on a highway has been denied,
52 suspended, revoked, or disqualified.
53 (2) If necessary for the transportation of a seized vessel, the vessel's trailer may be
54 seized to transport and store the vessel.
55 (3) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard
56 motor under this section shall comply with the provisions of Section 41-6a-1406 .

57 (4) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
58 the commission shall make rules setting standards for public garages, impound lots, and
59 impound yards that may be used by peace officers and the division.
60 (b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
61 public garages, impound lots, or impound yards per geographical area.
62 (5) (a) Except as provided under Subsection (5)(b), a person may not operate or allow
63 to be operated a vehicle stored in a public garage, impound lot, or impound yard regulated
64 under this part without prior written permission of the owner of the vehicle.
65 (b) Incidental and necessary operation of a vehicle to move the vehicle from one
66 parking space to another within the facility and that is necessary for the normal management of
67 the facility is not prohibited under this Subsection (5)[(a)].
68 (6) A person who violates the provisions of Subsection (5) is guilty of a class C
69 misdemeanor.
70 (7) The division or the peace officer who seizes a vehicle shall record the mileage
71 shown on the vehicle's odometer at the time of seizure, if:
72 (a) the vehicle is equipped with an odometer; and
73 (b) the odometer reading is accessible to the division or the peace officer.
74 Section 2. Section 41-6a-204 is amended to read:
75 41-6a-204. Requiring or knowingly permitting driver to unlawfully operate
76 vehicle.
77 (1) A person employing or otherwise directing the operator of a vehicle may not
78 require or knowingly permit the operation of the vehicle on a highway in a manner contrary to
79 law.
80 (2) The owner of a motor vehicle may not cause or knowingly permit a person to
81 operate the vehicle on a highway if:
82 (a) the person has not been granted the privilege to operate a motor vehicle on a
83 highway in accordance with Section 53-3-202 ; or
84 (b) the person's privilege to operate a vehicle on a highway has been denied,
85 suspended, revoked, or disqualified.
86 (3) A person may not furnish a motor vehicle to a person:
87 (a) who has not been granted the privilege to operator a motor vehicle on a highway in

88 accordance with Section 53-3-202 ; or
89 (b) whose privilege to operate a vehicle on a highway has been denied, suspended,
90 revoked, or disqualified.
91 (4) (a) A person who violates a provision of this section is guilty of a class B
92 misdemeanor.
93 (b) A person who violates a provision of this section shall be fined not less that $300.