Section 1. Section 41-6a-102 is amended to read:41-6a-102Effective 05/06/26Partially Repealed 07/01/27. Definitions.As used in this chapter:(1)"Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic.(2)"All-terrain type I vehicle" means the same as that term is defined in Section 41-22-2.(3)"All-terrain type II vehicle" means the same as that term is defined in Section 41-22-2.(4)"All-terrain type III vehicle" means the same as that term is defined in Section 41-22-2.(5)"Authorized emergency vehicle" includes:(a)a fire department vehicle;(b)a police vehicle;(c)an ambulance; and(d)other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety.(6)"Autocycle" means the same as that term is defined in Section 53-3-102.(7)(a)"Bicycle" means a wheeled vehicle:(i)propelled by human power by feet or hands acting upon pedals or cranks;(ii)with a seat or saddle designed for the use of the operator;(iii)designed to be operated on the ground; and(iv)whose wheels are not less than 14 inches in diameter.(b)"Bicycle" includes an electric assisted bicycle.(c)"Bicycle" does not include scooters and similar devices.(8)(a)"Bicycle lane" means a portion of a highway that has been designated by a highway authority through striping, signage, pavement markings, or barriers for the preferential or exclusive use of bicycle, electric assisted bicycle, and motor assisted scooter traffic.(b)"Bicycle lane" does not include shared lanes intended for both motor vehicle and bicycle travel.(9)(a)"Bus" means a motor vehicle:(i)designed for carrying more than 15 passengers and used for the transportation of persons; or(ii)designed and used for the transportation of persons for compensation.(b)"Bus" does not include a taxicab.(10)(a)"Circular intersection" means an intersection that has an island, generally circular in design, located in the center of the intersection where traffic passes to the right of the island.(b)"Circular intersection" includes:(i)roundabouts;(ii)rotaries; and(iii)traffic circles.(11)"Class 1 electric assisted bicycle" means an electric assisted bicycle equipped with a motor or electronics that:(a)provides assistance only when the rider is pedaling; and(b)ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.(12)"Class 2 electric assisted bicycle" means an electric assisted bicycle equipped with a motor or electronics that:(a)may be used exclusively to propel the bicycle; and(b)is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.(13)"Class 3 electric assisted bicycle" means an electric assisted bicycle equipped with a motor or electronics that:(a)provides assistance only when the rider is pedaling;(b)ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; and(c)is equipped with a speedometer.(14)"Commissioner" means the commissioner of the Department of Public Safety.(15)"Controlled-access highway" means a highway, street, or roadway:(a)designed primarily for through traffic; and(b)to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway.(16)"Crosswalk" means:(a)that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:(i)(A)the curbs; or(B)in the absence of curbs, from the edges of the traversable roadway; and(ii)in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or(b)any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.(17)"Department" means the Department of Public Safety.(18)"Direct supervision" means oversight at a distance within which:(a)visual contact is maintained; and(b)advice and assistance can be given and received.(19)"Divided highway" means a highway divided into two or more roadways by:(a)an unpaved intervening space;(b)a physical barrier; or(c)a clearly indicated dividing section constructed to impede vehicular traffic.(20)"Echelon formation" means the operation of two or more snowplows arranged side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to clear snow from two or more lanes at once.(21)(a)"Electric assisted bicycle" means a bicycle with an electric motor that:(i)has a power output of not more than 750 watts;(ii)has fully operable pedals;(iii)has permanently affixed cranks that were installed at the time of the original manufacture;(iv)is fully operable as a bicycle without the use of the electric motor; and(v)is one of the following:(A)a class 1 electric assisted bicycle;(B)a class 2 electric assisted bicycle;(C)a class 3 electric assisted bicycle; or(D)a programmable electric assisted bicycle.(b)"Electric assisted bicycle" does not include:(i)a moped;(ii)a motor assisted scooter;(iii)a motorcycle;(iv)a motor-driven cycle; or(v)any other vehicle with less than four wheels that is designed, manufactured, intended, or advertised by the seller to have any of the following capabilities or features, or that is modifiable or is modified to have any of the following capabilities or features:(A)has the ability to attain the speed of 20 miles per hour or greater on motor power alone;(B)is equipped with a continuous rated motor power of 750 watts or greater;(C)is equipped with foot pegs for the operator at the time of manufacture, or requires installation of a pedal kit to have operable pedals; or(D)if equipped with multiple operating modes and a throttle, has one or more modes that exceed 20 miles per hour on motor power alone.(22)(a)"Electric personal assistive mobility device" means a self-balancing device with:(i)two nontandem wheels in contact with the ground;(ii)a system capable of steering and stopping the unit under typical operating conditions;(iii)an electric propulsion system with average power of one horsepower or 750 watts;(iv)a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and(v)a deck design for a person to stand while operating the device.(b)"Electric personal assistive mobility device" does not include a wheelchair.(23)"Electric unicycle" means a self-balancing personal transportation device that:(a)has a single wheel;(b)is powered by an electric motor that utilizes gyroscopes and accelerometers to stabilize the rider; and(c)is designed for the operator to face in the direction of travel while operating the device.(24)"Explosives" means a chemical compound or mechanical mixture commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in proportions, quantities, or packing so that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of causing death or serious bodily injury.(25)"Farm tractor" means a motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry.(26)"Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less, as determined by a Tagliabue or equivalent closed-cup test device.(27)"Freeway" means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102.(28)(a)"Golf cart" means a device that:(i)is designed for transportation by players on a golf course;(ii)has not less than three wheels in contact with the ground;(iii)has an unladen weight of less than 1,800 pounds;(iv)is designed to operate at low speeds; and(v)is designed to carry not more than six persons including the driver.(b)"Golf cart" does not include:(i)a low-speed vehicle or an off-highway vehicle;(ii)a motorized wheelchair;(iii)an electric personal assistive mobility device;(iv)an electric assisted bicycle;(v)a motor assisted scooter;(vi)a personal delivery device, as defined in Section 41-6a-1119; or(vii)a mobile carrier, as defined in Section 41-6a-1120.(29)"Gore area" means the area delineated by two solid white lines that is between a continuing lane of a through roadway and a lane used to enter or exit the continuing lane including similar areas between merging or splitting highways.(30)"Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.(31)"Hi-rail vehicle" means a roadway maintenance vehicle that is:(a)manufactured to meet Federal Motor Vehicle Safety Standards; and(b)equipped with retractable flanged wheels that allow the vehicle to travel on a highway or railroad tracks.(32)"Highway" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.(33)"Highway authority" means the same as that term is defined in Section 72-1-102.(34)"Interdicted person" means the same as that term is defined in Section 32B-1-102.(35)(a)"Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another.(b)Where a highway includes two roadways 30 feet or more apart:(i)every crossing of each roadway of the divided highway by an intersecting highway is a separate intersection; and(ii)if the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of the highways is a separate intersection.(c)"Intersection" does not include the junction of an alley with a street or highway.(36)"Island" means an area between traffic lanes or at an intersection for control of vehicle movements or for pedestrian refuge designated by:(a)pavement markings, which may include an area designated by two solid yellow lines surrounding the perimeter of the area;(b)channelizing devices;(c)curbs;(d)pavement edges; or(e)other devices.(37)(a)"Lane filtering" means, when operating a motorcycle other than an autocycle, the act of overtaking and passing another vehicle that is stopped in the same direction of travel in the same lane.(b)"Lane filtering" does not include lane splitting.(38)(a)"Lane splitting" means, when operating a motorcycle other than an autocycle, the act of riding a motorcycle between clearly marked lanes for traffic traveling in the same direction of travel while traffic is in motion.(b)"Lane splitting" does not include lane filtering.(39)"Law enforcement agency" means the same as that term is as defined in Section 53-1-102.(40)"Life essential item retrieval form" means a document completed by a registered owner or other authorized representative of a vehicle, vessel, or outboard motor that has been towed or removed to request and document the release of life essential items from the impounded or towed vehicle, vessel, or outboard motor.(40)(41)"Limited access highway" means a highway:(a)that is designated specifically for through traffic; and(b)over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view.(41)(42)"Local highway authority" means the legislative, executive, or governing body of a county, municipal, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of the state.(42)(43)(a)"Low-speed vehicle" means a four wheeled motor vehicle that:(i)is designed to be operated at speeds of not more than 25 miles per hour; and(ii)has a capacity of not more than six passengers, including a conventional driver or fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.(b)"Low-speed vehicle" does not include a golfcart or an off-highway vehicle.(43)(44)"Metal tire" means a tire, the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.(44)(45)(a)"Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or saddle that is less than 24 inches from the ground as measured on a level surface with properly inflated tires.(b)"Mini-motorcycle" does not include a moped or a motor assisted scooter.(c)"Mini-motorcycle" does not include a motorcycle that is:(i)designed for off-highway use; and(ii)registered as an off-highway vehicle under Section 41-22-3.(45)(46)"Mobile home" means:(a)a trailer or semitrailer that is:(i)designed, constructed, and equipped as a dwelling place, living abode, or sleeping place either permanently or temporarily; and(ii)equipped for use as a conveyance on streets and highways; or(b)a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a mobile home, as defined in Subsection (45)(a)(46)(a), but that is instead used permanently or temporarily for:(i)the advertising, sale, display, or promotion of merchandise or services; or(ii)any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.(46)(47)"Mobility disability" means the inability of a person to use one or more of the person's extremities or difficulty with motor skills, that may include limitations with walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition.(47)(48)(a)"Moped" means a motor-driven cycle having:(i)pedals to permit propulsion by human power; and(ii)a motor that:(A)produces not more than two brake horsepower; and(B)is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground.(b)If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.(c)"Moped" does not include:(i)an electric assisted bicycle; or(ii)a motor assisted scooter.(48)(49)(a)"Motor assisted scooter" means a self-propelled device with:(i)at least two wheels in contact with the ground;(ii)a braking system capable of stopping the unit under typical operating conditions;(iii)an electric motor not exceeding 2,000 watts;(iv)either:(A)handlebars and a deck design for a person to stand while operating the device; or(B)handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;(v)a design for the ability to be propelled by human power alone; and(vi)a maximum speed of 20 miles per hour on a paved level surface.(b)"Motor assisted scooter" does not include:(i)an electric assisted bicycle; or(ii)a motor-driven cycle.(49)(50)(a)"Motor vehicle" means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.(b)"Motor vehicle" does not include:(i)vehicles moved solely by human power;(ii)motorized wheelchairs;(iii)an electric personal assistive mobility device;(iv)an electric assisted bicycle;(v)a motor assisted scooter;(vi)a personal delivery device, as defined in Section 41-6a-1119; or(vii)a mobile carrier, as defined in Section 41-6a-1120.(50)(51)"Motorcycle" means:(a)a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or(b)an autocycle.(51)(52)(a)"Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle having:(i)an engine with less than 150 cubic centimeters displacement; or(ii)a motor that produces not more than five horsepower.(b)"Motor-driven cycle" does not include:(i)an electric personal assistive mobility device;(ii)a motor assisted scooter; or(iii)an electric assisted bicycle.(52)(53)"Off-highway implement of husbandry" means the same as that term is defined under Section 41-22-2.(53)(54)"Off-highway motorcycle" means the same as that term is defined in Section 41-22-2.(54)(55)"Off-highway vehicle" means the same as that term is defined under Section 41-22-2.(55)(56)"Operate" means the same as that term is defined in Section 41-1a-102.(56)(57)"Operator" means:(a)a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or(b)an automated driving system, as defined in Section 41-26-102.1, that operates a vehicle.(57)(58)"Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or other device operated, alone or coupled with another device, on stationary rails.(58)(59)(a)"Park" or "parking" means the standing of a vehicle, whether the vehicle is occupied or not.(b)"Park" or "parking" does not include:(i)the standing of a vehicle temporarily for the purpose of and while actually engaged in loading or unloading property or passengers; or(ii)a motor vehicle with an engaged automated driving system that has achieved a minimal risk condition, as those terms are defined in Section 41-26-102.1.(59)(60)"Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws.(60)(61)"Pedestrian" means a person traveling:(a)on foot; or(b)in a wheelchair.(61)(62)"Pedestrian traffic-control signal" means a traffic-control signal used to regulate pedestrians.(62)(63)"Person" means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.(63)(64)"Pole trailer" means a vehicle without motive power:(a)designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and(b)that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections.(64)(65)"Private road or driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.(65)(66)"Programmable electric assisted bicycle" means an electric assisted bicycle with capability to switch or be programmed to function as a class 1 electric assisted bicycle, class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the electric assisted bicycle fully conforms with the respective requirements of each class of electric assisted bicycle when operated in that mode.(66)(67)"Railroad" means a carrier of persons or property upon cars operated on stationary rails.(67)(68)"Railroad sign or signal" means a sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.(68)(69)"Railroad train" means a locomotive propelled by any form of energy, coupled with or operated without cars, and operated upon rails.(69)(70)"Restored-modified vehicle" means the same as the term defined in Section 41-1a-102.(70)(71)"Right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other.(71)(72)(a)"Roadway" means that portion of highway improved, designed, or ordinarily used for vehicular travel.(b)"Roadway" does not include the sidewalk, berm, or shoulder, even though any of them are used by persons riding bicycles or other human-powered vehicles.(c)"Roadway" refers to any roadway separately but not to all roadways collectively, if a highway includes two or more separate roadways.(72)(73)"Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.(73)(74)(a)"School bus" means a motor vehicle that:(i)complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and(ii)is used to transport school children to or from school or school activities.(b)"School bus" does not include a vehicle operated by a common carrier in transportation of school children to or from school or school activities.(74)(75)"Self-balancing electric skateboard" means a device similar to a skateboard that:(a)has a single wheel;(b)is powered by an electric motor; and(c)is designed for the operator to face perpendicular to the direction of travel while operating the device.(75)(76)(a)"Semitrailer" means a vehicle with or without motive power:(i)designed for carrying persons or property and for being drawn by a motor vehicle; and(ii)constructed so that some part of its weight and that of its load rests on or is carried by another vehicle.(b)"Semitrailer" does not include a pole trailer.(76)(77)"Shoulder area" means:(a)that area of the hard-surfaced highway separated from the roadway by a pavement edge line as established in the current approved "Manual on Uniform Traffic Control Devices"; or(b)that portion of the road contiguous to the roadway for accommodation of stopped vehicles, for emergency use, and for lateral support.(77)(78)"Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.(78)(79)(a)"Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt that is designated for the use of a bicycle.(b)"Soft-surface trail" does not mean a trail:(i)where the use of a motor vehicle or an electric assisted bicycle is prohibited by a federal law, regulation, or rule; or(ii)located in whole or in part on land granted to the state or a political subdivision subject to a conservation easement that prohibits the use of a motorized vehicle.(79)(80)"Solid rubber tire" means a tire of rubber or other resilient material that does not depend on compressed air for the support of the load.(80)(81)"Stand" or "standing" means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers.(81)(82)"Stop" when required means complete cessation from movement.(82)(83)"Stop" or "stopping" when prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when:(a)necessary to avoid conflict with other traffic; or(b)in compliance with the directions of a peace officer or traffic-control device.(83)(84)"Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, or an off-highway motorcycle, that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with Section 41-6a-1509.(84)(85)"Street-legal novel vehicle" means a vehicle registered as a novel vehicle under Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with Section 41-6a-1509.(85)(86)"Tow truck operator" means the same as that term is defined in Section 72-9-102.(86)(87)"Tow truck motor carrier" means the same as that term is defined in Section 72-9-102.(87)(88)"Traffic" means pedestrians, bicyclists, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel.(88)(89)"Traffic signal preemption device" means an instrument or mechanism designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.(89)(90)"Traffic-control device" means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic.(90)(91)"Traffic-control signal" means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.(91)(92)(a)"Trailer" means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.(b)"Trailer" does not include a pole trailer.(92)(93)"Truck" means a motor vehicle designed, used, or maintained primarily for the transportation of property.(93)(94)"Truck tractor" means a motor vehicle:(a)designed and used primarily for drawing other vehicles; and(b)constructed to carry a part of the weight of the vehicle and load drawn by the truck tractor.(94)(95)"Two-way left turn lane" means a lane:(a)provided for vehicle operators making left turns in either direction;(b)that is not used for passing, overtaking, or through travel; and(c)that has been indicated by a lane traffic-control device that may include lane markings.(95)(96)"Urban district" means the territory contiguous to and including any street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more.(96)(97)"Vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks.(97)(98)"Wheelie" means a maneuver performed while operating a motorcycle whereby the front wheel of the motorcycle is raised off of the ground.

Section 2. Section 41-6a-1406 is amended to read:41-6a-1406Effective 05/06/26Partially Repealed 07/01/29. Removal and impoundment of vehicles -- Reporting and notification requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.(1)If a vehicle, vessel, or outboard motor is impounded as provided under Section 41-1a-1101, 41-6a-210, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace officer or by an order of a person acting on behalf of a law enforcement agency or highway authority, the impoundment of the vehicle, vessel, or outboard motor shall be at the expense of the owner.(2)The vehicle, vessel, or outboard motor under Subsection (1) shall be impounded to a state impound yard.(3)The peace officer may move a vehicle, vessel, or outboard motor or cause it to be removed by a tow truck motor carrier that meets standards established:(a)under Title 72, Chapter 9, Motor Carrier Safety Act; and(b)by the department under Subsection (11).(4)(a)A report described in this Subsection (4) is required for a vehicle, vessel, or outboard motor that is impounded as described in Subsection (1).(b)Before noon on the next business day after the date of the removal of the vehicle, vessel, or outboard motor, a report of the impoundment shall be sent to the Motor Vehicle Division, in an electronic format approved by the Motor Vehicle Division, by:(i)the peace officer or agency by whom the peace officer is employed; and(ii)the tow truck operator or the tow truck motor carrier by whom the tow truck operator is employed.(c)The report shall be in a form specified by the Motor Vehicle Division and shall include:(i)the operator's name, if known;(ii)a description of the vehicle, vessel, or outboard motor;(iii)the vehicle identification number or vessel or outboard motor identification number;(iv)the case number designated by the peace officer, law enforcement agency number, or government entity;(v)the license number, temporary permit number, or other identification number issued by a state agency;(vi)the date, time, and place of impoundment;(vii)the reason for removal or impoundment;(viii)the name of the tow truck motor carrier who removed the vehicle, vessel, or outboard motor; and(ix)the place where the vehicle, vessel, or outboard motor is stored.(d)(i)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Tax Commission shall make rules to establish proper format and information required on the form described in this Subsection (4).(ii)The State Tax Commission shall ensure that the form described in this Subsection (4) is provided in an electronic format.(e)Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection (4), a tow truck motor carrier or impound yard may not:(i)collect any fee associated with the removal; and(ii)begin charging storage fees.(5)(a)A report described in this Subsection (5) is required for any vehicle, vessel, or outboard motor that is removed, except for:(i)a vehicle, vessel, or outboard motor that is impounded for a reason described in Subsection (1); or(ii)a vehicle, vessel, or outboard motor for which a removal is performed in accordance with Section 72-9-603.(b)For a removal described in Subsection (5)(a), the relevant law enforcement officer shall provide documentation to the tow truck operator or tow truck motor carrier that includes:(i)the name and badge number of the peace officer;(ii)the name and originating agency identifier of the law enforcement agency; and(iii)the case number designated by the law enforcement officer or law enforcement agency.(c)For a removal described in Subsection (5)(a), before noon on the next business day following the date of the removal of the vehicle, vessel, or outboard motor, the tow truck operator or tow truck motor carrier shall send to the Motor Vehicle Division in an electronic format approved by the Motor Vehicle Division:(i)the report described in Subsection (4); or(ii)the report described in Subsection (5)(d).(d)For a removal described in Subsection (5)(a), if the tow truck operator or tow truck motor carrier does not provide the report described in Subsection (4), the tow truck operator or tow truck motor carrier shall provide a report to the Motor Vehicle Division that includes:(i)the name and badge number of the relevant peace officer;(ii)the name and originating agency identifier of the law enforcement agency;(iii)the law enforcement agency case number;(iv)subject to Subsection (5)(e), the vehicle identification number and the license number, temporary permit number, or other identification number issued by a state agency;(v)the date and time of the removal of the vehicle, vessel, or outboard motor; and(vi)the reason for the removal of the vehicle, vessel, or outboard motor.(e)If either the vehicle identification number or the license number, temporary permit number, or other identification number issued by a state agency is not available, the report shall include:(i)as much information as is available from both the vehicle identification number and the license plate number of the vehicle, vessel, or outboard motor; and(ii)a description of the vehicle, vessel, or outboard motor, including the color, make, model, and model year of the vehicle, vessel, or outboard motor.(f)Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection (5), a tow truck motor carrier may not:(i)collect any fee associated with the removal; or(ii)begin charging storage fees.(g)A vehicle, vessel, or outboard motor removed under this Subsection (5) shall be removed to:(i)a state impound yard; or(ii)a location that has been requested by the registered owner at the time of removal, if payment is made to the tow truck motor carrier or tow truck operator at the time of removal.(h)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Tax Commission may make rules to establish proper format and information required on the form described in Subsection (5)(d), including submission in an electronic format.(6)(a)Except as provided in Subsection (6)(d) and upon receipt of a report described in Subsection (4) or (5), the Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:(i)the registered owner;(ii)any a lien holder; or(iii)a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor is currently operating under a temporary permit issued by the dealer, as described in Section 41-3-302.(b)The notice shall:(i)state the date, time, and place of removal, the name, if applicable, of the person individual operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal, and the place where the vehicle, vessel, or outboard motor is stored;(ii)state that the registered owner is responsible for payment of towing, impound, and storage fees charged against the vehicle, vessel, or outboard motor;(iii)state the conditions that mustshall be satisfied before the vehicle, vessel, or outboard motor is released; and(iv)inform the parties described in Subsection (6)(a) of the division's intent to sell the vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or impoundment under this section, one of the parties fails to make a claim for release of the vehicle, vessel, or outboard motor.(c)Except as provided in Subsection (6)(d) and if the vehicle, vessel, or outboard motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort to notify the parties described in Subsection (6)(a) of the removal and the place where the vehicle, vessel, or outboard motor is stored.(d)The Motor Vehicle Division is not required to give notice under this Subsection (6) if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck service in accordance with Subsection 72-9-603(1)(a)(i).(e)(i)The Motor Vehicle Division shall disclose the information in the report described in Subsection (4) and Subsection 72-9-603(1)(a)(i) to a designated agent as defined in Section 41-12a-802 regarding a tow that was initiated:(A)by law enforcement; or(B)without the vehicle owner's consent.(ii)The Motor Vehicle Division may rely on the information provided by the tow truck operator or tow truck motor carrier to determine if a tow meets the criteria described in Subsections (6)(e)(i)(A) and (B).(iii)The designated agent may disclose information received regarding concerning a tow described in Subsections (6)(e)(i)(A) and (B) to the vehicle owner and to the vehicle owner's verified insurance company.(iv)The designated agent may not disclose information to a vehicle owner's insurance company if the tow does not meet the criteria described in Subsections (6)(e)(i)(A) and (B).(7)(a)The vehicle, vessel, or outboard motor impounded or removed to a state impound yard as described in this section shall be released after a party described in Subsection (6)(a) or (7)(f):(i)makes a claim for release of the vehicle, vessel, or outboard motor at any office of the State Tax Commission;(ii)presents identification sufficient to prove ownership of the impounded or removed vehicle, vessel, or outboard motor;(iii)completes the registration, if needed, and pays the appropriate fees;(iv)if the impoundment was made under Section 41-6a-527 or Subsection 41-1a-1101(3), pays:(A)an administrative impound fee of $425; and(B)in addition to the administrative fee described in Subsection (7)(a)(iv)(A), an administrative testing fee of $30; and(v)pays all towing and storage fees to the place where the vehicle, vessel, or outboard motor is stored.(b)(i)Twenty-nine dollars of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be dedicated credits to the Motor Vehicle Division.(ii)One-hundred and forty-seven dollars of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be deposited into the Department of Public Safety Restricted Account created in Section 53-3-106.(iii)Twenty dollars of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be deposited into the Brain and Spinal Cord Injury Fund created in Section 26B-1-318.(iv)After the distributions described in Subsections (7)(b)(i) through (iii), the remainder of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be deposited into the General Fund.(v)The administrative testing fee described in Subsection (7)(a)(iv)(B) shall be deposited into the State Laboratory Drug Testing Account created in Section 26B-1-304.(c)The administrative impound fee and the administrative testing fee assessed under Subsection (7)(a)(iv) shall be waived or refunded by the State Tax Commission if the registered owner, lien holder, or owner's agent presents written evidence to the State Tax Commission that:(i)the Driver License Division determined that the arrested person's individual's driver license should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter or other report from the Driver License Division presented within 180 days after the day on which the Driver License Division mailed the final notification; or(ii)the vehicle was stolen at the time of the impoundment as shown by a copy of the stolen vehicle report presented within 180 days after the day of the impoundment.(d)A tow truck operator, a tow truck motor carrier, and an impound yard shall accept payment by cash and debit or credit card for a removal or impoundment under Subsection (1) or any service rendered, performed, or supplied in connection with a removal or impoundment under Subsection (1).(e)The owner of an impounded vehicle may not be charged a fee for the storage of the impounded vehicle, vessel, or outboard motor if:(i)the vehicle, vessel, or outboard motor is being held as evidence; and(ii)the vehicle, vessel, or outboard motor is not being released to a party described in Subsection (6)(a), even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under this Subsection (7).(f)In addition to the parties described in Subsection (6)(a), the vehicle, vessel, or outboard motor impounded or removed to a state impound yard as described in this section shall be released to an individual that is not described in Subsection (6)(a) if the individual:(i)(A)satisfies the requirements of Subsections (7)(a)(i) and (7)(a)(iii) through (v);(B)presents the individual's driver license or other government-issued identification; and(C)demonstrates that the individual has authority granted by a person described in Subsection (6)(a) to obtain and operate the vehicle; or(ii)is a tow truck operator or tow truck motor carrier that:(A)demonstrates that the tow truck operator or tow truck motor carrier has authority granted by a person described in Subsection (6)(a) to obtain and operate the vehicle, vessel, or outboard motor;(B)provides a towing certificate issued by the Department of Transportation pursuant toin accordance with Section 72-9-602;(C)pays all towing and storage fees; and(D)obtains or presents an impound release for the vehicle, vessel, or outboard motor pursuant toin accordance with Subsection (7)(a).(8)(a)For an impounded or a removed vehicle, vessel, or outboard motor not claimed by a party described in Subsection (6)(a) or (7)(f) within the time prescribed by Section 41-1a-1103, the Motor Vehicle Division shall issue a certificate of sale for the impounded or removed vehicle, vessel, or outboard motor as described in Section 41-1a-1103.(b)The date of impoundment or removal is considered the date of seizure for computing the time period provided under Section 41-1a-1103.(9)A party described in Subsection (6)(a) that pays all fees and charges incurred in the impoundment or removal of the owner's vehicle, vessel, or outboard motor has a cause of action for all the fees and charges, together with damages, court costs, and attorney fees, against the operator of the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.(10)(a)As used in this Subsection (10), "life essential item" means the same as that term is defined in Subsection 72-9-603(13).(b)Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel, or outboard motor.(c)Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and any nonlife essential items contained in the vehicle, vessel, or outboard motor.(d)(i)Except for a vehicle, vessel, or outboard motor, or an item being held as evidence, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a person described in Subsection (6)(a) or an individual described in Subsection (7)(f)(i) to take possession of any life essential item within the vehicle, vessel, or outboard motor after completion of a life essential item retrieval form during normal business hours regardless of whether the towing, impound fees, or storage fees have been paid.(ii)A tow truck operator, a tow truck motor carrier, or an impound yard may not allow an individual to retrieve the items described in Subsection (10)(d)(i) if the retrieval would cause an unreasonable delay to vehicle impounding or storage or create a safety risk.(e)Except for a vehicle, vessel, or outboard motor being held as evidence, upon payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a person described in Subsection (6)(a) or an individual described in Subsection (7)(f)(i) to enter the vehicle, vessel, or outboard motor during normal business hours and remove personal property not attached to the vehicle, vessel, or outboard motor.(11)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules setting the performance standards for towing companies to be used by the department.(12)(a)The Motor Vehicle Division may specify that a report required under Subsection (4) be submitted in electronic form utilizing using a database for submission, storage, and retrieval of the information.(b)(i)Unless otherwise provided by statute, the Motor Vehicle Division or the administrator of the database may adopt a schedule of fees assessed for utilizing using the database.(ii)The fees under this Subsection (12)(b) shall:(A)be reasonable and fair; and(B)reflect the cost of administering the database.(13)If an owner or authorized representative of a vehicle, vessel, or outboard motor that has been towed or removed requests to retrieve a life essential item, an operator of an impound yard shall provide a life essential item retrieval form.(14)(a)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules creating, managing, and distributing a life essential retrieval form.(b)The commission shall ensure that a life essential item retrieval form includes:(i)identifying information of:(A)the individual requesting release of a life essential item;(B)the vehicle, vessel, or outboard motor containing the life essential item; and(C)the life essential item for which the individual is requesting release;(ii)if the individual requesting release of a life essential item is not the registered owner of the vehicle, vessel, or outboard motor, proof of authority to retrieve a life essential item;(iii)space for a representative of the impound yard to note the condition of a life essential item upon the item's release;(iv)the date of request and release;(v)if the individual requesting release of a life essential item is requesting an item specific to the individual's employment, the name and phone number of an employer of the individual;(vi)space for signatures of the individual requesting release of a life essential item and a representative of the impound yard; and(vii)other items deemed necessary and proper by the commission.

Section 3. Section 72-9-102 is amended to read:72-9-102Effective 05/06/26. Definitions.As used in this chapter:(1)(a)"Commercial vehicle" includes:(i)an interstate commercial vehicle; (ii)an intrastate commercial vehicle; and(iii)a tow truck.(b)"Commercial vehicle" does not include the following vehicles for purposes of this chapter:(i)equipment owned and operated by the United States Department of Defense when driven by any active duty military personnel and members of the reserves and national guard on active duty including personnel on full-time national guard duty, personnel on part-time training, and national guard military technicians and civilians who are required to wear military uniforms and are subject to the code of military justice;(ii)firefighting and emergency vehicles, operated by emergency personnel, not including commercial tow trucks;(iii)recreational vehicles that are driven solely as family or personal conveyances for noncommercial purposes; or(iv)vehicles owned by the state or a local government.(2)"Interstate commercial vehicle" means a self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property if the vehicle:(a)has a gross vehicle weight rating or gross vehicle weight of 10,001 or more pounds, or gross combination weight rating or gross combination weight of 10,001 or more pounds, whichever is greater;(b)is designed or used to transport more than eight passengers, including the driver, for compensation;(c)is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or(d)(i)is used to transport materials designated as hazardous in accordance with 49 U.S.C. Sec. 5103; and(ii)is required to be placarded in accordance with regulations under 49 C.F.R., Subtitle B, Chapter I, Subchapter C.(3)"Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or semitrailer used or maintained for business, compensation, or profit to transport passengers or property on a highway only within the boundaries of this state if the commercial vehicle:(a)(i)has a manufacturer's gross vehicle weight rating or gross vehicle weight, or gross combination weight rating or gross combination weight of 26,001 or more pounds, whichever is greater, and is operated by an individual who is 18 years old or older; or(ii)has a manufacturer's gross vehicle weight rating or gross combination weight rating of 16,001 or more pounds and is operated by an individual who is under 18 years old;(b)(i)is designed to transport more than 15 passengers, including the driver; or(ii)is designed to transport more than 12 passengers, including the driver, and has a manufacturer's gross vehicle weight rating or gross combination weight rating of 13,000 or more pounds; or(c)is used in the transportation of hazardous materials and is required to be placarded in accordance with 49 C.F.R. Part 172, Subpart F.(4)"Life essential item retrieval form" means the same as that term is defined in Section 41-6a-102.(4)(5)"Motor carrier" means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property by a commercial vehicle on a highway within this state and includes a tow truck business.(5)(6)"Owner" as pertaining to a vehicle, vessel, or outboard motor, means the same as that term is defined in Section 41-1a-102.(6)(7)"Property owner" means the owner or lessee of real property.(7)(8)"State impound yard" means the same as that term is defined in Section 41-1a-102.(8)(9)"Tow truck" means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line, dolly, tilt bed, or other means.(9)(10)"Tow truck motor carrier" means a motor carrier that is engaged in or transacting business for tow truck services.(10)(11)"Tow truck operator" means an individual that performs operations related to a tow truck service as an employee or as an independent contractor on behalf of a tow truck motor carrier.(11)(12)"Tow truck service" means the functions and any ancillary operations associated with recovering, removing, and towing a vehicle and its load from a highway or other place by means of a tow truck.(12)(13)"Transportation" means the actual movement of property or passengers by motor vehicle, including loading, unloading, and any ancillary service provided by the motor carrier in connection with movement by motor vehicle, which is performed by or on behalf of the motor carrier, its employees or agents, or under the authority of the motor carrier, its employees or agents, or under the apparent authority and with the knowledge of the motor carrier.

Section 4. Section 72-9-603 is amended to read:72-9-603Effective 05/06/26. Towing notice requirements -- Cost responsibilities -- Abandoned vehicle title restrictions -- Rules for maximum rates and certification.(1)Except for a tow truck service that was ordered by a peace officer, a person acting on behalf of a law enforcement agency, or a highway authority, after performing a tow truck service that is being done without the vehicle, vessel, or outboard motor owner's knowledge, the tow truck operator or the tow truck motor carrier shall:(a)immediately upon arriving at the place of storage or impound of the vehicle, vessel, or outboard motor:(i)provide relevant information to the impound vehicle service system database administered by the Motor Vehicle Division, including:(A)the date and time of the removal of the vehicle, vessel, or outboard motor;(B)a description of the vehicle, vessel, or outboard motor; and(C)the vehicle identification number or vessel or outboard motor identification number; and(ii)contact the law enforcement agency having jurisdiction over the area where the vehicle, vessel, or outboard motor was picked up and notify the agency of the:(A)location of the vehicle, vessel, or outboard motor;(B)date, time, and location from which the vehicle, vessel, or outboard motor was removed;(C)reasons for the removal of the vehicle, vessel, or outboard motor;(D)person who requested the removal of the vehicle, vessel, or outboard motor; and(E)description, including the identification number, license number, or other identification number issued by a state agency, of the vehicle, vessel, or outboard motor;(b)except for a vehicle, vessel, or outboard motor that has been retrieved by the owner or operator, within two business days of performing the tow truck service under Subsection (1)(a), send a certified letter to the last-known address of each party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor obtained from the Motor Vehicle Division or, if the person individual has actual knowledge of the party's address, to the current party's address, notifying the party of the:(i)location of the vehicle, vessel, or outboard motor;(ii)date, time, and location from which the vehicle, vessel, or outboard motor was removed;(iii)reasons for the removal of the vehicle, vessel, or outboard motor;(iv)person who requested the removal of the vehicle, vessel, or outboard motor;(v)a description, including itsan identification number and license number or other identification number issued by a state agency; and(vi)costs and procedures to retrieve the vehicle, vessel, or outboard motor; and(c)upon initial contact with the owner or operator whose vehicle, vessel, or outboard motor was removed, provide the owner or operator with a copy of the Utah Consumer Bill of Rights Regarding Towing established by the department in Subsection (16)(e).(2)Until the tow truck operator or tow truck motor carrier reports the information required under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound yard may not:(a)collect any fee associated with the removal; or(b)begin charging storage fees.(3)(a)Except as provided in Subsection (3)(b) or (9), a tow truck operator or tow truck motor carrier may not perform a tow truck service at the request or direction of a private property owner or the property owner's agent unless:(i)the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the tow truck service; or(ii)the property owner erects signage that meets the requirements of:(A)Subsection (4)(b)(ii); and(B)Subsection (7) or (8).(b)Subsections (7) through (9) do not apply to the removal of a vehicle, vessel, or outboard motor:(i)from a location where parking is prohibited by law, including:(A)a designated fire lane;(B)within 15 feet of a fire hydrant, unless the vehicle is parked in a marked parking stall or space; or(C)a marked parking stall or space legally designated for disabled personsindividuals;(ii)from a location where it is reasonably apparent that the location is not open to parking;(iii)from a location where all public access points are controlled by:(A)a permanent gate, door, or similar feature allowing the vehicle to access the facility; or(B)a parking attendant;(iv)from a location that materially interferes with access to private property;(v)from the property of a detached single-family dwelling or duplex; or(vi)pursuant toin accordance with a legal repossession.(4)(a)A private property owner may, subject to the requirements of a local ordinance, enforce parking restrictions by:(i)authorizing a tow truck motor carrier to patrol and monitor the property and enforce parking restrictions on behalf of the property owner in accordance with Subsection (7);(ii)enforcing parking restrictions as needed by requesting a tow from a tow truck motor carrier on a case-by-case basis in accordance with Subsection (8); or(iii)requesting a tow from a tow truck motor carrier after providing 24-hour written notice in accordance with Subsection (9).(b)(i)Any agreement between a private property owner and tow truck motor carrier authorizing the tow truck motor carrier to patrol and monitor the property under Subsection (4)(a)(i) shall include specific terms and conditions for the tow truck motor carrier to remove a vehicle, vessel, or outboard motor from the property.(ii)In addition to the signage described in Subsection (7) or (8), a private property owner who allows public parking shall erect appropriate signage on the property indicating clear instructions for parking at the property.(iii)Where a single parking area includes abutting parcels of property owned by two or more private property owners who enforce different parking restrictions under Subsection (7) or (8), each property owner shall, in addition to the requirements under Subsection (7) or (8), erect signage as required by this section:(A)at each entrance to the property owner's parcel from another property owner's parcel; and(B)if there is no clearly defined entrance between one property owner's parcel and another property owner's parcel, at intervals of 40 feet or less along the line dividing the property owner's parcel from the other property owner's parcel.(iv)Where there is no clearly defined entrance to a parking area from a highway, the property owner shall erect signage as required by this section at intervals of 40 feet or less along any portion of a property line where a vehicle, vessel, or outboard motor may enter the parking area.(5)Nothing in Subsection (3) or (4) restricts the ability of a private property owner from, subject to the provisions of this section, instituting and enforcing regulations for parking at the property.(6)In addition to any other powers provided by law, a political subdivision or state agency may:(a)enforce parking restrictions in accordance with Subsections (7) through (9) on property that is:(i)owned by the political subdivision or state agency;(ii)located outside of the public right-of-way; and(iii)open to public parking; and(b)request or direct a tow truck service in order to abate a public nuisance on private property over which the political subdivision or state agency has jurisdiction.(7)For private property where parking is enforced under Subsection (4)(a)(i), the property owner shall ensure that each an entrance to the property has signs located on the property and clearly visible to the driver of a vehicle entering the property that substantially comply with the following, as determined by the department:(a)a top sign that is 24 inches tall by 18 inches wide and has:(i)a blue, reflective background with a 1/2 inch white border;(ii)two-inch, white letters at the top of the sign with the capitalized words "Lot is Patrolled";(iii)a white towing logo that is six inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an entire vehicle being towed; and(iv)two-inch, white letters at the bottom of the sign with the capitalized words "Towing Enforced"; and(b)a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective border, and has:(i)a top half that is red background with white, reflective letters indicating:(A)who is authorized to park or restricted from parking at the property; and(B)any type of vehicle prohibited from parking at the property; and(ii)a bottom half that has a white, reflective background with red letters indicating:(A)the name and telephone number of the tow truck motor carrier that the property owner has authorized to patrol the property; and(B)the Internetinternet web address "tow.utah.gov".(8)(a)For private property where parking is enforced under Subsection (4)(a)(ii), a tow truck motor carrier may not:(i)a tow truck motor carrier may not:(A)(i)patrol and monitor the property;(B)(ii)perform a tow truck service without the written or verbal request of the property owner or the property owner's agent; or(C)(iii)act as the property owner's agent to request a tow truck service.(b)For private property where parking is enforced under Subsection (4)(a)(ii), the property owner shall ensure that eachan entrance to the property has a clearly visible sign located on the property that substantially follows the following format, as determined by the department:(i) the sign is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective border, and has:(A)at the top of the sign, a blue background with a white, reflective towing logo that is at least four inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an entire vehicle being towed;(B)immediately below the towing logo described in Subsection (8)(b)(i)(A), a blue background with white, reflective letters at least two inches tall with the capitalized words "Towing Enforced"; and(C)in the middle of the sign, a red background with white, reflective letters at least one inch tall indicating who is authorized to park or restricted from parking at the property, and any type of vehicle prohibited from parking at the property; and(ii)at the bottom of the sign, a white, reflective background with red letters at least one inch tall indicating:(A)either the name and telephone number of the property owner or the property owner's agent who is authorized to request a tow truck service, or the name and telephone number of the tow truck motor carrier that provides tow truck services for the property; and(B)the Internetinternet web address "tow.utah.gov".(c)If a dispute arises regarding whether a sign required under this section substantially complies with the requirements of this section, the department shall determine whether the sign substantially complies.(9)(a)For private property without signage substantially meeting the requirements of Subsection (7) or (8), as determined by the department, the property owner may request a tow truck motor carrier to remove a vehicle, vessel, or outboard motor from the private property 24 hours after the property owner or the property owner's agent affixes a written notice to the vehicle, vessel, or outboard motor in accordance with this Subsection (9).(b)The written notice described in Subsection (9)(a) shall:(i)indicate the exact time when the written notice is affixed to the vehicle, vessel, or outboard motor;(ii)warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel, or outboard motor will be towed from the property if it is not removed within 24 hours after the time indicated in Subsection (9)(b)(i);(iii)be at least four inches tall and four inches wide; and(iv)be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on the driver's side window of the vehicle, vessel, or outboard motor.(c)A property owner may authorize a tow truck motor carrier to act as the property owner's agent for purposes of affixing the written notice described in Subsection (9)(a) to a vehicle, vessel, or outboard motor.(10)The department shall publish on the department Internet department's website the signage requirements and written notice requirements and illustrated or photographed examples of the signage and written notice requirements described in Subsections (7) through (9).(11)It is an affirmative defense to any claim, based on the lack of notice, that arises from the towing of a vehicle, vessel, or outboard motor from private property that the property had signage meeting the requirements of:(a)Subsection (4)(b)(ii); and(b)Subsection (7) or (8).(12)An individual described in Subsection 41-6a-1406(7)(f)(i) or a party described in Subsection 41-6a-1406(6)(a) with an interest in a vehicle, vessel, or outboard motor lawfully removed is only responsible for paying:(a)the tow truck service and storage fees set in accordance with Subsection (16); and(b)the administrative impound fee set in Section 41-6a-1406, if applicable.(13)(a)As used in this Subsection (13), "life essential item" means:(i)prescription medication;(ii)medical equipment;(iii)shoes;(iv)coats;(v)food and water;(vi)child safety seats;(vii)a cell phone;(viii)tools specific to the registered owner's current employment;(vii)(ix)government-issued photo identification; and(viii)(x)human remains.(b)The fees under Subsection (12) are a possessory lien on the vehicle, vessel, or outboard motor.(c)Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and any nonlife essential items contained in the vehicle, vessel, or outboard motor.(d)Except for a vehicle, vessel, or outboard motor, or an item being held as evidence, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection 41-6a-1406(7)(f)(i) to take possession of any life essential item within the vehicle, vessel, or outboard motor after completion of a life essential item retrieval form during normal business hours regardless of whether the towing, impound fees, or storage fees have been paid.(e)Except for a vehicle, vessel, or outboard motor being held as evidence, upon payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection 41-6a-1406(7)(f)(i) to enter the vehicle, vessel, or outboard motor during normal business hours and remove personal property not attached to the vehicle, vessel, or outboard motor.(f)The tow truck operator or tow truck motor carrier shall securely store the vehicle, vessel, or outboard motor and items described in Subsection (13)(a) in an approved state impound yard until a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor:(i)pays the fees described in Subsection (12); and(ii)removes the vehicle, vessel, or outboard motor from the state impound yard.(14)(a)A vehicle, vessel, or outboard motor shall be considered abandoned if a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection 41-6a-1406(7)(f)(i) does not, within 30 days after notice has been sent under Subsection (1)(b):(i)pay the fees described in Subsection (12); and(ii)remove the vehicle, vessel, or outboard motor from the secure storage facility.(b)A person may not request a transfer of title to an abandoned vehicle, vessel, or outboard motor until at least 30 days after notice has been sent under Subsection (1)(b).(15)(a)A tow truck motor carrier or impound yard shall clearly and conspicuously post and disclose all its current fees, rates, and acceptable forms of payment for tow truck service and storage of a vehicle in accordance with rules established under Subsection (16).(b)A tow truck operator, a tow truck motor carrier, and an impound yard shall accept payment by cash and debit or credit card for a tow truck service under Subsection (1) or any service rendered, performed, or supplied in connection with a tow truck service under Subsection (1).(16)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall:(a)subject to the restriction in Subsection (17), set maximum rates that:(i)a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel, or outboard motor that are transported in response to:(A)a peace officer dispatch call;(B)a motor vehicle division call; and(C)any other call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal;(ii)an impound yard may charge for the storage of a vehicle, vessel, or outboard motor stored as a result of one of the conditions listed under Subsection (16)(a)(i); and(iii)an impound yard may charge for the after-hours release of a vehicle, vessel, or outboard motor stored as a result of one of the conditions described in Subsection (16)(a)(i);(b)establish authorized towing certification requirements, not in conflict with federal law, related to incident safety, clean-up, and hazardous material handling;(c)specify the form and content of the posting and disclosure of fees and rates charged and acceptable forms of payment by a tow truck motor carrier or impound yard;(d)set a maximum rate for an administrative fee that a tow truck motor carrier may charge for reporting the information required under Subsection (1)(a)(i) and providing notice of the removal to each party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor as required in Subsection (1)(b);(e)establish a Utah Consumer Bill of Rights Regarding Towing form that contains specific information regarding:(i)a vehicle owner's or operator's rights and responsibilities if the owner's vehicle is towed;(ii)identifies the maximum rates that a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel, or outboard motor that is transported in response to a call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal; and(iii)identifies the maximum rates that an impound yard may charge for the storage of vehicle, vessel, or outboard motor that is transported in response to a call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal; and(f)set a maximum rate for an after-hours fee allowed under Subsection (19)(b).(17)An impound yard may not charge a fee for the storage of an impounded vehicle, vessel, or outboard motor if:(a)the vehicle, vessel, or outboard motor is being held as evidence; and(b)the vehicle, vessel, or outboard motor is not being released to a party described in Subsection 41-6a-1406(6)(a) or an individual described in Subsection 41-6a-1406(7)(f)(i), even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under Section 41-6a-1406.(18)(a)(i)A tow truck motor carrier may charge a rate up to the maximum rate set by the department in rules made under Subsection (16).(ii)In addition to the maximum rates established under Subsection (16) and when receiving payment by credit card or debit card, a tow truck operator, a tow truck motor carrier, or an impound yard may charge a card processing fee of 3% of the transaction total.(b)A tow truck motor carrier may not be required to maintain insurance coverage at a higher level than required in rules made pursuant toin accordance with Subsection (16).(19)When a tow truck motor carrier or impound lot is in possession of a vehicle, vessel, or outboard motor as a result of a tow service that was performed without the consent of the owner, and that was not ordered by a peace officer or a person acting on behalf of a law enforcement agency, the tow truck motor carrier or impound yard shall make personnel available:(a)by phone 24 hours a day, seven days a week; and(b)to release the impounded vehicle, vessel, or outboard motor to the owner within one hour of when the owner calls the tow truck motor carrier or impound yard.(20)A tow truck motor carrier or a tow truck operator may not:(a)share contact or other personal information of an owner of a vehicle, vessel, or outboard motor or a party described in Subsection 41-6a-1406(6)(a) for which the tow truck motor carrier or tow truck operator has performed a tow service; and(b)receive payment for referring a person for whom the tow truck motor carrier or tow truck operator has performed a tow service to another service, including:(i)a lawyer referral service;(ii)a medical provider;(iii)a funding agency;(iv)a marketer for any service described in Subsections (20)(b)(i) through (iii);(v)a marketer for any other service; or(vi)a third party vendor.

Section 5. Effective Date.This bill takes effect on May 6, 2026.