<chapter number="41-12a"><catchline>Financial Responsibility of Motor Vehicle Owners and Operators Act</catchline><part number="41-12a-1"><catchline>General Provisions</catchline><section number="41-12a-101"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Short title.</catchline><tab/>This chapter may be cited as the "Financial Responsibility of Motor Vehicle Owners and Operators Act."
</section><section number="41-12a-102"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>References to former provisions.</catchline><tab/>References to the former "Safety Responsibility Act" under former <oldref depth="1" refid="" refnumber="41-12" start="1">Title 41, Chapter 12</oldref>, are considered to refer to the corresponding provisions under this chapter.
</section><section number="41-12a-103"><histories><history>Amended by Chapter <modchap sess="2024GS">236</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="41-12a-103(1)">"Department" means the Department of Public Safety.</subsection><subsection number="41-12a-103(2)">"Judgment" means any judgment that is final by:<subsection number="41-12a-103(2)(a)">expiration without appeal of the time within which an appeal might have been perfected; or</subsection><subsection number="41-12a-103(2)(b)">final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages:<subsection number="41-12a-103(2)(b)(i)">arising out of the ownership, maintenance, or use of any motor vehicle, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or</subsection><subsection number="41-12a-103(2)(b)(ii)">on a settlement agreement.</subsection></subsection></subsection><subsection number="41-12a-103(3)">"License" or "license certificate" have the same meanings as under Section <xref depth="3" refnumber="53-3-102">53-3-102</xref>.</subsection><subsection number="41-12a-103(4)"><subsection number="41-12a-103(4)(a)">"Motor vehicle" means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles.</subsection><subsection number="41-12a-103(4)(b)">"Motor vehicle" does not include traction engines, road rollers, farm tractors, tractor cranes, power shovels, and well drillers, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails.</subsection></subsection><subsection number="41-12a-103(5)">"Motorboat" means the same as that term is defined in Section <xref depth="3" refnumber="73-18c-102">73-18c-102</xref>.</subsection><subsection number="41-12a-103(6)">"Nonresident" means every person who is not a resident of Utah.</subsection><subsection number="41-12a-103(7)">"Nonresident's operating privilege" means the privilege conferred upon a person who is not a resident of Utah by the laws of Utah pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in Utah.</subsection><subsection number="41-12a-103(8)">"Operator" means every person who is in actual physical control of a motor vehicle.</subsection><subsection number="41-12a-103(9)">"Owner" means:<subsection number="41-12a-103(9)(a)">a person who holds legal title to a motor vehicle;</subsection><subsection number="41-12a-103(9)(b)">a lessee in possession;</subsection><subsection number="41-12a-103(9)(c)">a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or</subsection><subsection number="41-12a-103(9)(d)">a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession.</subsection></subsection><subsection number="41-12a-103(10)">"Owner's or operator's security," "owner's security," or "operator's security" means any of the following:<subsection number="41-12a-103(10)(a)">an insurance policy or combination of policies conforming to Section <xref depth="3" refnumber="31A-22-302">31A-22-302</xref>, which is issued by an insurer authorized to do business in Utah;</subsection><subsection number="41-12a-103(10)(b)">an insurance policy or combination of policies issued or renewed prior to January 1, 2009 that:<subsection number="41-12a-103(10)(b)(i)">conformed to the minimum coverage limits of Section <xref depth="3" refnumber="31A-22-304">31A-22-304</xref> prior to January 1, 2009; and</subsection><subsection number="41-12a-103(10)(b)(ii)">conform to the current requirements other than the minimum coverage limits of policies issued in accordance with Section <xref depth="3" refnumber="31A-22-302">31A-22-302</xref>;</subsection></subsection><subsection number="41-12a-103(10)(c)">a surety bond issued by an insurer authorized to do a surety business in Utah in which the surety is subject to the minimum coverage limits and other requirements of policies conforming to Section <xref depth="3" refnumber="31A-22-302">31A-22-302</xref>, which names the department as a creditor under the bond for the use of persons entitled to the proceeds of the bond;</subsection><subsection number="41-12a-103(10)(d)">a deposit with the state treasurer of cash or securities complying with Section <xref depth="3" refnumber="41-12a-406">41-12a-406</xref>;</subsection><subsection number="41-12a-103(10)(e)">maintaining a certificate of self-funded coverage under Section <xref depth="3" refnumber="41-12a-407">41-12a-407</xref>; or</subsection><subsection number="41-12a-103(10)(f)">a policy conforming to Section <xref depth="3" refnumber="31A-22-302">31A-22-302</xref> issued by the Risk Management Fund created in Section <xref depth="3" refnumber="63A-4-201">63A-4-201</xref>.</subsection></subsection><subsection number="41-12a-103(11)">"Registration" means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles.</subsection><subsection number="41-12a-103(12)">"Self-insurance" has the same meaning as provided in Section <xref depth="3" refnumber="31A-1-301">31A-1-301</xref>.</subsection></section><section number="41-12a-104"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Rules of construction.</catchline><subsection number="41-12a-104(1)">If a person maintains owner's security under this chapter, it does not limit the person's liability to the face amount of the owner's security.</subsection><subsection number="41-12a-104(2)">Nothing in this chapter prevents the plaintiff in any action at law from relying for relief upon the other processes provided by law.</subsection><subsection number="41-12a-104(3)">This chapter is cumulative with the requirements of the laws of this state requiring policies of motor vehicle insurance against liability.   This subsection does not preclude compliance through a single policy which, by its terms or by an appropriate endorsement, satisfies the requirements of both applicable laws.</subsection></section></part><part number="41-12a-2"><catchline>Administration</catchline><section number="41-12a-201"><histories><history>Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Administration of laws under Title 41, Chapter 12a -- Compliance with Administrative Procedures Act.</catchline><subsection number="41-12a-201(1)">
The department shall administer and enforce the provisions of this chapter and may adopt rules as necessary for its administration.</subsection><subsection number="41-12a-201(2)">
The department shall comply with the procedures and requirements of <xref depth="1" refid="C63G-4_1800010118000101" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, in its adjudicative proceedings.</subsection></section><section number="41-12a-202"><histories><history>Amended by Chapter <modchap sess="2009GS">183</modchap>, 2009 General Session</history><modyear>2009</modyear></histories><catchline>Access to accident reports.</catchline><subsection number="41-12a-202(1)">
Accident reports and supplemental information as required under this chapter are protected and are for the confidential use of the department and other state, local, or federal government agencies and may be disclosed only as provided in Section <xref depth="3" refid="C41-6a-S404_1800010118000101" refnumber="41-6a-404" start="0">41-6a-404</xref>.</subsection><subsection number="41-12a-202(2)"><subsection number="41-12a-202(2)(a)">
Any person entitled to the disclosure of an accident report, as provided in Section <xref depth="3" refid="C41-6a-S404_1800010118000101" refnumber="41-6a-404" start="0">41-6a-404</xref>, may obtain a photocopy by paying the department a fee established under Section <xref depth="3" refid="C63J-1-S504_1800010118000101" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection><subsection number="41-12a-202(2)(b)">
These fees shall be deposited in the General Fund.</subsection></subsection></section></part><part number="41-12a-3"><catchline>Owner's or Operator's Security Requirement</catchline><section number="41-12a-301"><histories><history>Amended by Chapter <modchap sess="2026GS">295</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions -- Requirement of owner's or operator's security -- Exceptions.</catchline><subsection number="41-12a-301(1)">As used in this section:<subsection number="41-12a-301(1)(a)">"Highway" means the same as that term is defined in Section <xref depth="3" refnumber="41-1a-102" start="0">41-1a-102</xref>.</subsection><subsection number="41-12a-301(1)(b)">"Local education agency" or "LEA" means the same as that term is defined in Section <xref depth="3" refnumber="53E-1-102" start="0">53E-1-102</xref>.</subsection><subsection number="41-12a-301(1)(c)">"Quasi-public road or parking area" means the same as that term is defined in Section <xref depth="3" refnumber="41-6a-214" start="0">41-6a-214</xref>.</subsection></subsection><subsection number="41-12a-301(2)">Except as provided in Subsection <xref depth="4" refnumber="41-12a-301(5)" start="0">(5)</xref>:<subsection number="41-12a-301(2)(a)">every resident owner of a motor vehicle shall maintain owner's or operator's security in effect at any time that the motor vehicle is operated on a highway or on a quasi-public road or parking area within the state; and</subsection><subsection number="41-12a-301(2)(b)">every nonresident owner of a motor vehicle that has been physically present in this state for:<subsection number="41-12a-301(2)(b)(i)">90 or fewer days during the preceding 365 days shall maintain the type and amount of owner's or operator's security required in his place of residence, in effect continuously throughout the period the motor vehicle remains within Utah; or</subsection><subsection number="41-12a-301(2)(b)(ii)">more than 90 days during the preceding 365 days shall thereafter maintain owner's or operator's security in effect continuously throughout the period the motor vehicle remains within Utah.</subsection></subsection></subsection><subsection number="41-12a-301(3)"><subsection number="41-12a-301(3)(a)">Except as provided in Subsection <xref depth="4" refnumber="41-12a-301(5)" start="0">(5)</xref>, the state and all of the state's political subdivisions and their respective departments, institutions, or agencies shall maintain owner's or operator's security in effect continuously for their motor vehicles.</subsection><subsection number="41-12a-301(3)(b)">Any other state is considered a nonresident owner of its motor vehicles and is subject to Subsection <xref depth="4" refnumber="41-12a-301(2)(b)" start="0">(2)(b)</xref>.</subsection></subsection><subsection number="41-12a-301(4)">The United States, any political subdivision of it, or any of its agencies may maintain owner's or operator's security in effect for their motor vehicles.</subsection><subsection number="41-12a-301(5)">Owner's or operator's security is not required for any of the following:<subsection number="41-12a-301(5)(a)">off-highway vehicles registered under Section <xref depth="3" refnumber="41-22-3" start="0">41-22-3</xref> when operated either:<subsection number="41-12a-301(5)(a)(i)">on a highway designated as open for off-highway vehicle use; or</subsection><subsection number="41-12a-301(5)(a)(ii)">in the manner prescribed by Subsections <xref depth="4" refnumber="41-22-10.3(1)" start="0">41-22-10.3(1)</xref> through <xref depth="4" refnumber="41-22-10.3(3)" start="0">(3)</xref>;</subsection></subsection><subsection number="41-12a-301(5)(b)">off-highway implements of husbandry operated in the manner prescribed by Subsections <xref depth="4" refnumber="41-22-5.5(3)" start="0">41-22-5.5(3)</xref> through <xref depth="4" refnumber="41-22-5.5(5)" start="0">(5)</xref>;</subsection><subsection number="41-12a-301(5)(c)">electric assisted bicycles as defined under Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>;</subsection><subsection number="41-12a-301(5)(d)">motor assisted scooters as defined under Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>;</subsection><subsection number="41-12a-301(5)(e)">electric personal assistive mobility devices as defined under Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>; or</subsection><subsection number="41-12a-301(5)(f)">an LEA, for a school bus that the LEA authorizes a state entity or political subdivision of the state to use.</subsection></subsection><subsection number="41-12a-301(6)">If an LEA authorizes a state entity or political subdivision of the state to use a school bus:<subsection number="41-12a-301(6)(a)">the state entity or political subdivision shall maintain owner's or operator's security during the term of the school bus use in an amount that is greater than or equal to any governmental immunity liability limit;</subsection><subsection number="41-12a-301(6)(b)">the state entity or the political subdivision shall indemnify and defend the LEA for any claim that arises from the school bus use including a claim directed at the LEA, unless the claim arises from the sole negligence of the LEA; and</subsection><subsection number="41-12a-301(6)(c)">if the school district maintains owner's or operator's security for the school bus during the term of school bus use, the owner's and operator's security maintained by the state entity or political subdivision of the state is primary to the owner's and operator's security maintained by the LEA.</subsection></subsection></section><section number="41-12a-302"><histories><history>Amended by Chapter <modchap sess="2026GS">382</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Operating motor vehicle without owner's or operator's security -- Penalty.</catchline><subsection number="41-12a-302(1)">As used in this section:<subsection number="41-12a-302(1)(a)">"Evidence of owner's or operator's security" means the following information regarding a motor vehicle:<subsection number="41-12a-302(1)(a)(i)">a copy of an operator's valid:<subsection number="41-12a-302(1)(a)(i)(A)">insurance policy;</subsection><subsection number="41-12a-302(1)(a)(i)(B)">insurance policy declaration page;</subsection><subsection number="41-12a-302(1)(a)(i)(C)">binder notice;</subsection><subsection number="41-12a-302(1)(a)(i)(D)">renewal notice; or</subsection><subsection number="41-12a-302(1)(a)(i)(E)">card issued by an insurance company as evidence of insurance;</subsection></subsection><subsection number="41-12a-302(1)(a)(ii)">a certificate of insurance issued under Section <xref depth="3" refnumber="41-12a-402">41-12a-402</xref>;</subsection><subsection number="41-12a-302(1)(a)(iii)">a certified copy of a surety bond issued under Section <xref depth="3" refnumber="41-12a-405">41-12a-405</xref>;</subsection><subsection number="41-12a-302(1)(a)(iv)">a certificate of the state treasurer issued under Section <xref depth="3" refnumber="41-12a-406">41-12a-406</xref>;</subsection><subsection number="41-12a-302(1)(a)(v)">a certificate of self-funded coverage issued under Section <xref depth="3" refnumber="41-12a-407">41-12a-407</xref>;</subsection><subsection number="41-12a-302(1)(a)(vi)">if the motor vehicle is owned by a rental company, the rental vehicle's rental agreement; or</subsection><subsection number="41-12a-302(1)(a)(vii)">information that the vehicle or driver is insured from the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured Motorist Identification Database Program.</subsection></subsection><subsection number="41-12a-302(1)(b)">"Rental agreement" means the same as that term is defined in Section <xref depth="3" refnumber="31A-22-311">31A-22-311</xref>.</subsection><subsection number="41-12a-302(1)(c)">"Rental company" means the same as that term is defined in Section <xref depth="3" refnumber="31A-22-311">31A-22-311</xref>.</subsection></subsection><subsection number="41-12a-302(2)">An actor commits operating a motor vehicle without owner's or operator's security if the actor:<subsection number="41-12a-302(2)(a)"><subsection number="41-12a-302(2)(a)(i)">is the owner of a motor vehicle for which owner's or operator's security is required under Section <xref depth="3" refnumber="41-12a-301">41-12a-301</xref>; and</subsection><subsection number="41-12a-302(2)(a)(ii)"><subsection number="41-12a-302(2)(a)(ii)(A)">operates the vehicle on a highway in Utah without owner's or operator's security being in effect; or</subsection><subsection number="41-12a-302(2)(a)(ii)(B)">permits the vehicle to be operated on a highway in Utah without owner's or operator's security being in effect;</subsection></subsection></subsection><subsection number="41-12a-302(2)(b)"><subsection number="41-12a-302(2)(b)(i)">operates a motor vehicle for which owner's or operator's security is required under Section <xref depth="3" refnumber="41-12a-301">41-12a-301</xref> upon a highway in Utah; and</subsection><subsection number="41-12a-302(2)(b)(ii)">knows that the owner of the motor vehicle does not have owner's or operator's security in effect; or</subsection></subsection><subsection number="41-12a-302(2)(c)"><subsection number="41-12a-302(2)(c)(i)">operates a motor vehicle for which owner's or operator's security is required under Section <xref depth="3" refnumber="41-12a-301">41-12a-301</xref> upon a highway in Utah;</subsection><subsection number="41-12a-302(2)(c)(ii)">does not have evidence of owner's or operator's security in the actor's immediate possession for the motor vehicle; and</subsection><subsection number="41-12a-302(2)(c)(iii)">fails to display evidence of owner's or operator's security upon demand of a peace officer.</subsection></subsection></subsection><subsection number="41-12a-302(3)">A violation of Subsection <xref depth="4" refnumber="41-12a-302(2)">(2)</xref> is a class C misdemeanor.</subsection><subsection number="41-12a-302(4)"><subsection number="41-12a-302(4)(a)"><subsection number="41-12a-302(4)(a)(i)">Except as provided in Subsection <xref depth="4" refnumber="41-12a-302(4)(b)">(4)(b)</xref>, for a conviction under this section, a court shall order a fine of not less than $400.</subsection><subsection number="41-12a-302(4)(a)(ii)">A court may waive up to $300 of the fine charged to the owner of a motor vehicle under Subsection <xref depth="4" refnumber="41-12a-302(4)(a)(i)">(4)(a)(i)</xref> if, before sentencing, the owner demonstrates that owner's or operator's security required under Section <xref depth="3" refnumber="41-12a-301">41-12a-301</xref> was obtained after the violation.</subsection></subsection><subsection number="41-12a-302(4)(b)">For a second and subsequent offense within three years of a previous conviction under this section, a court shall order a fine of not less than $1,000.</subsection></subsection><subsection number="41-12a-302(5)">An actor does not violate Subsection <xref depth="4" refnumber="41-12a-302(2)(b)">(2)(b)</xref> if the actor has in effect owner's security on a Utah-registered motor vehicle or an equivalent that covers the operation, by the actor, of the motor vehicle the actor is operating.</subsection><subsection number="41-12a-302(6)"><subsection number="41-12a-302(6)(a)">It is an affirmative defense to a charge or in an administrative action for a violation of Subsection <xref depth="4" refnumber="41-12a-302(2)(c)">(2)(c)</xref> that the actor had owner's or operator's security in effect for the vehicle that the actor was operating at the time of the actor's citation or arrest.</subsection><subsection number="41-12a-302(6)(b)">Subsection <xref depth="4" refnumber="41-12a-302(2)(c)">(2)(c)</xref> does not apply to an individual operating:<subsection number="41-12a-302(6)(b)(i)">a government-owned or government-leased motor vehicle; or</subsection><subsection number="41-12a-302(6)(b)(ii)">an employer-owned or employer-leased motor vehicle and is driving the motor vehicle with the employer's permission.</subsection></subsection><subsection number="41-12a-302(6)(c)"><subsection number="41-12a-302(6)(c)(i)">An actor may provide to a peace officer evidence of owner's or operator's security as described in Subsection <xref depth="4" refnumber="41-12a-302(2)(c)">(2)(c)</xref> in:<subsection number="41-12a-302(6)(c)(i)(A)">a hard copy format; or</subsection><subsection number="41-12a-302(6)(c)(i)(B)">an electronic format using a mobile electronic device.</subsection></subsection><subsection number="41-12a-302(6)(c)(ii)"><subsection number="41-12a-302(6)(c)(ii)(A)">If an actor provides evidence of owner's or operator's security in an electronic format using a mobile electronic device under Subsection <xref depth="4" refnumber="41-12a-302(6)(c)(i)(b)">(6)(c)(i)(B)</xref>, the peace officer viewing the owner's or operator's security on the mobile electronic device may not view any other content on the mobile electronic device.</subsection><subsection number="41-12a-302(6)(c)(ii)(B)">Notwithstanding any other provision under this section, a peace officer is not subject to civil liability or criminal penalties under this section if the peace officer, while viewing the owner's or operator's security on the mobile electronic device under Subsection (6)(c)(i)(B) inadvertently views content other than the evidence of owner's or operator's security on the mobile electronic device.</subsection></subsection></subsection><subsection number="41-12a-302(6)(d)">Information from the Uninsured Motorist Identification Database Program described under Subsection <xref depth="4" refnumber="41-12a-302(1)(a)(vii)">(1)(a)(vii)</xref> supersedes any evidence of owner's or operator's security described under Subsection <xref depth="4" refnumber="41-12a-302(1)(a)(i)(d)">(1)(a)(i)(D)</xref> or <xref depth="4" refnumber="41-12a-302(e)">(E)</xref>.</subsection><subsection number="41-12a-302(6)(e)">A peace officer may not cite or arrest an actor for a violation of Subsection <xref depth="4" refnumber="41-12a-302(2)(c)">(2)(c)</xref> if the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured Motorist Identification Database Program, information indicates that the vehicle or driver is insured.</subsection></subsection><subsection number="41-12a-302(7)"><subsection number="41-12a-302(7)(a)">The following are proof of owner's or operator's security that can be submitted as part of the affirmative defense described in Subsection (6)(a) and under Section <xref depth="3" refnumber="41-12a-804">41-12a-804</xref>:<subsection number="41-12a-302(7)(a)(i)">evidence of owner's or operator's security;</subsection><subsection number="41-12a-302(7)(a)(ii)">a written statement from an insurance producer or company verifying that the actor had the required motor vehicle insurance coverage on the date specified; or</subsection><subsection number="41-12a-302(7)(a)(iii)">a written statement from an insurance producer or company, or provision in an insurance policy, indicating that the policy provides coverage for a newly purchased car and the coverage extended to the date specified.</subsection></subsection><subsection number="41-12a-302(7)(b)">A court considering a citation for a violation of Subsection <xref depth="4" refnumber="41-12a-302(2)(c)">(2)(c)</xref> shall allow the evidence or a written statement under Subsection <xref depth="4" refnumber="41-12a-302(7)(a)">(7)(a)</xref> and a copy of the citation to be electronically submitted or mailed to the clerk of the court to satisfy Subsection (6)(a).</subsection><subsection number="41-12a-302(7)(c)">The notice under Section <xref depth="3" refnumber="41-12a-804">41-12a-804</xref> shall specify that the written statement under Subsection <xref depth="4" refnumber="41-12a-302(7)(a)">(7)(a)</xref> and a copy of the notice shall be faxed or mailed to the designated agent to satisfy the proof of owner's or operator's security required under Section <xref depth="3" refnumber="41-12a-804">41-12a-804</xref>.</subsection></subsection><subsection number="41-12a-302(8)"><subsection number="41-12a-302(8)(a)">Upon receiving notification from a court of a conviction for a violation of this section, the department:<subsection number="41-12a-302(8)(a)(i)">shall suspend the actor's driver license; and</subsection><subsection number="41-12a-302(8)(a)(ii)">may not renew the actor's driver license or issue a driver license to the actor until the actor gives the department proof of owner's or operator's security.</subsection></subsection><subsection number="41-12a-302(8)(b)">The proof of owner's or operator's security described in Subsection <xref depth="4" refnumber="41-12a-302(8)(a)(ii)">(8)(a)(ii)</xref> shall:<subsection number="41-12a-302(8)(b)(i)">be given by any of the ways required under Section <xref depth="3" refnumber="41-12a-401">41-12a-401</xref>; and</subsection><subsection number="41-12a-302(8)(b)(ii)">be maintained with the department for a three-year period.</subsection></subsection><subsection number="41-12a-302(8)(c)">An insurer that provides a certificate of insurance as provided under Section <xref depth="3" refnumber="41-12a-402">41-12a-402</xref> or <xref depth="3" refnumber="41-12a-403">41-12a-403</xref> may not terminate the insurance policy unless notice of termination is filed with the department no later than 10 days after termination as required under Section <xref depth="3" refnumber="41-12a-404">41-12a-404</xref>.</subsection><subsection number="41-12a-302(8)(d)">The department shall:<subsection number="41-12a-302(8)(d)(i)">suspend the actor's driver license for the remainder of the three-year period if the department is notified that security required in Subsection (8)(b) is no longer valid; and</subsection><subsection number="41-12a-302(8)(d)(ii)">may not reinstate the actor's driver license or issue a driver license to the actor until the actor gives the department proof of owner's or operator's security for the remainder of the three-year period.</subsection></subsection></subsection><subsection number="41-12a-302(9)">A card issued by an insurance company as evidence of owner's or operator's security under Subsection <xref depth="4" refnumber="41-12a-302(1)(a)(i)(e)">(1)(a)(i)(E)</xref> may not display the owner's or operator's address on the card.</subsection></section><section number="41-12a-303"><histories><history>Amended by Chapter <modchap sess="2024GS">251</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Condition to obtaining registration, license plates, or safety inspection.</catchline><tab/>The owner of a motor vehicle required to maintain owner's security under Section <xref depth="3" refnumber="41-12a-301">41-12a-301</xref> may be required to swear or affirm, in a manner specified by the State Tax Commission, or present other reasonable evidence that he has owner's security in effect at the time of registering, obtaining a license plate for, or a safety inspection of the motor vehicle.</section><section number="41-12a-303.3"><histories><history>Amended by Chapter <modchap sess="2026GS">382</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Providing false evidence of owner's or operator's security -- Penalty.</catchline><tab/>A person who provides evidence of owner's or operator's security to a peace officer under Section <xref depth="3" refnumber="41-12a-302">41-12a-302</xref> knowing or having reason to believe that the evidence of owner's or operator's security is false or that it is evidence of owner's or operator's security that is not in effect is guilty of a class B misdemeanor.</section><section number="41-12a-304"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>No-fault tort immunity ineffective.</catchline><tab/>The owner of a motor vehicle on which owner's or operator's security is required under Section <xref depth="3" refid="C41-12a-S301_1800010118000101" refnumber="41-12a-301" start="0">41-12a-301</xref> who fails to have the security in effect at the time of an accident does not have immunity from tort liability under Subsection <xref depth="4" refid="C31A-22-S309_1800010118000101" refnumber="31A-22-309(1)" start="0">31A-22-309(1)</xref>.  This owner is personally liable for the payment of the benefits provided for under Section <xref depth="3" refid="C31A-22-S307_1800010118000101" refnumber="31A-22-307" start="0">31A-22-307</xref> to persons entitled to receive them under Section <xref depth="3" refid="C31A-22-S308_1800010118000101" refnumber="31A-22-308" start="0">31A-22-308</xref>.
</section><section number="41-12a-305"><histories><history>Amended by Chapter <modchap sess="2007GS">306</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Assigned risk plan.</catchline><tab/>Section <xref depth="3" refid="C31A-22-S310_1800010118000101" refnumber="31A-22-310" start="0">31A-22-310</xref> applies to an assigned risk plan.  This continues the assigned risk plan established under Chapter 242, Laws of Utah 1985, with any modifications from <xref depth="0" refid="C31A_1800010118000101" refnumber="31A" start="0">Title 31A, Insurance Code</xref>.
</section><section number="41-12a-306"><histories><history>Amended by Chapter <modchap sess="2008GS">371</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Claims adjustment by persons with owner's or operator's security other than insurance.</catchline><subsection number="41-12a-306(1)">
An owner or operator of a motor vehicle with respect to whom owner's or operator's security is maintained by a means other than an insurance policy under Subsection <xref depth="4" refid="C41-12a-S103_1800010118000101" refnumber="41-12a-103(9)(a)" start="0">41-12a-103(9)(a)</xref> or <xref depth="4" refid="C41-12a-S103_1800010118000101" refnumber="41-12a-103(9)(b)" start="0">(b)</xref>, shall refer all bodily injury claims against the owner's or operator's security to an independent adjuster licensed under <xref depth="1" refid="C31A-26_1800010118000101" refnumber="31A-26" start="0">Title 31A, Chapter 26, Insurance Adjusters</xref>, or to an attorney.</subsection><subsection number="41-12a-306(2)">
Unless otherwise provided by contract, any motor vehicle claim adjustment expense incurred by a person maintaining owner's or operator's security by a means other than an insurance policy under Subsection <xref depth="4" refid="C41-12a-S103_1800010118000101" refnumber="41-12a-103(9)(a)" start="0">41-12a-103(9)(a)</xref> or <xref depth="4" refid="C41-12a-S103_1800010118000101" refnumber="41-12a-103(9)(b)" start="0">(b)</xref>, shall be paid by the person who maintains this type of owner's or operator's security.</subsection><subsection number="41-12a-306(3)">
Owners and operators of motor vehicles maintaining owner or operator's security by a means other than an insurance policy under Subsection <xref depth="4" refid="C41-12a-S103_1800010118000101" refnumber="41-12a-103(9)(a)" start="0">41-12a-103(9)(a)</xref> or <xref depth="4" refid="C41-12a-S103_1800010118000101" refnumber="41-12a-103(9)(b)" start="0">(b)</xref> are subject to the claim adjustment provisions of <xref depth="2" refid="C31A-26-P3_1800010118000101" refnumber="31A-26-3" start="0">Title 31A, Chapter 26, Part 3, Claim Practices</xref>, in connection with claims against such persons which arise out of the ownership, maintenance, or use of a motor vehicle.</subsection><subsection number="41-12a-306(4)">
In addition to other penalties and remedies available for failure to abide by this section, the department may require any person violating this section to maintain owner's or operator's security only in the manner specified under Subsection <xref depth="4" refid="C41-12a-S103_1800010118000101" refnumber="41-12a-103(9)(a)" start="0">41-12a-103(9)(a)</xref>.</subsection></section></part><part number="41-12a-4"><catchline>Proof of Owner's or Operator's Security</catchline><section number="41-12a-401"><histories><history>Amended by Chapter <modchap sess="1991GS">203</modchap>, 1991 General Session</history><modyear>1991</modyear></histories><catchline>Means of providing proof of owner's or operator's security.</catchline><subsection number="41-12a-401(1)">
Whenever proof of owner's or operator's security is required under this chapter, it may be provided by filing with the department any of the following:
<subsection number="41-12a-401(1)(a)">
a certificate of insurance under Section <xref depth="3" refid="C41-12a-S402_1800010118000101" refnumber="41-12a-402" start="0">41-12a-402</xref> or <xref depth="3" refid="C41-12a-S403_1800010118000101" refnumber="41-12a-403" start="0">41-12a-403</xref>;</subsection><subsection number="41-12a-401(1)(b)">
a copy of a surety bond under Section <xref depth="3" refid="C41-12a-S405_1800010118000101" refnumber="41-12a-405" start="0">41-12a-405</xref>;</subsection><subsection number="41-12a-401(1)(c)">
a certificate of deposit of money or securities issued by the state treasurer under Section <xref depth="3" refid="C41-12a-S406_1800010118000101" refnumber="41-12a-406" start="0">41-12a-406</xref>; or</subsection><subsection number="41-12a-401(1)(d)">
a certificate of self-funded coverage under Section <xref depth="3" refid="C41-12a-S407_1800010118000101" refnumber="41-12a-407" start="0">41-12a-407</xref>.</subsection></subsection><subsection number="41-12a-401(2)">
Whenever the term "proof of financial responsibility" is used in this title, it shall be read as "proof of owner's or operator's security."</subsection></section><section number="41-12a-402"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Insurance certificate as proof of owner's or operator's security -- Resident.</catchline><tab/>Proof of owner's or operator's security may be furnished by filing with the department the written certificate of any insurer licensed in Utah certifying that there is in effect an insurance policy or combination of policies conforming to Section <xref depth="3" refid="C31A-22-S302_1800010118000101" refnumber="31A-22-302" start="0">31A-22-302</xref> for the benefit of the person required to furnish proof of owner's or operator's security.  This certificate shall be furnished to the department in the form of an SR-22 issued by any insurer licensed in Utah.  The certificate shall give each policy number and the effective date of each policy.  The effective date of the policy may not be later than the effective date of the certificate.  The certificate shall designate by explicit description or by appropriate reference all motor vehicles covered, unless the policy is issued to a person who is not the owner of a motor vehicle.  Certificates filed under this section continue in force until cancelled under Section <xref depth="3" refid="C41-12a-S404_1800010118000101" refnumber="41-12a-404" start="0">41-12a-404</xref>, or until the requirement for a certificate is waived under Section <xref depth="3" refid="C41-12a-S411_1800010118000101" refnumber="41-12a-411" start="0">41-12a-411</xref>.
</section><section number="41-12a-403"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Insurance certificate as proof of owner's or operator's security -- Nonresident.</catchline><subsection number="41-12a-403(1)">
The nonresident owner of a motor vehicle not registered in Utah may give proof of owner's or operator's security by filing with the department the written certificate of an insurer licensed in the state in which the motor vehicle described in the certificate is registered, or if the nonresident does not own a motor vehicle, then in the state in which the insured resides, provided the certificate otherwise conforms to the provisions of this chapter.  The department shall accept the certificate if the insurer:
<subsection number="41-12a-403(1)(a)">
executes a power of attorney authorizing the department to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in Utah; and</subsection><subsection number="41-12a-403(1)(b)">
agrees in writing that the policies certified are considered to conform with the provisions required under Sections <xref depth="3" refid="C31A-22-S303_1800010118000101" refnumber="31A-22-303" start="0">31A-22-303</xref> and <xref depth="3" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304" start="0">31A-22-304</xref>.</subsection></subsection><subsection number="41-12a-403(2)">
If an insurer which is not licensed in Utah but which has qualified to furnish proof of owner's or operator's security under Subsection <xref depth="4" refid="C41-12a-S403_1800010118000101" refnumber="41-12a-403(1)" start="0">(1)</xref>, defaults in any such undertaking or agreement, the department may not thereafter accept as proof of security any certificate of the insurer, so long as the default continues.</subsection></section><section number="41-12a-404"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Limitation on cancellation of coverage specified in certificate.</catchline><tab/>When an insurer has certified an insurance policy under Sections <xref depth="3" refid="C41-12a-S402_1800010118000101" refnumber="41-12a-402" start="0">41-12a-402</xref> or <xref depth="3" refid="C41-12a-S403_1800010118000101" refnumber="41-12a-403" start="0">41-12a-403</xref>, the policy may not be terminated unless notice of termination is filed with the department no later than 10 days after termination. However, this type of policy which is subsequently procured and certified shall, on the effective date of its certificate, terminate the insurance previously certified.
</section><section number="41-12a-405"><histories><history>Amended by Chapter <modchap sess="2008GS">371</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Surety bond as proof of owner's or operator's security.</catchline><subsection number="41-12a-405(1)">
Proof of owner's or operator's security may be furnished by filing with the department a copy of a surety bond, certified by the surety, which conforms to Subsection <xref depth="4" refid="C41-12a-S103_1800010118000101" refnumber="41-12a-103(9)(c)" start="0">41-12a-103(9)(c)</xref>.  The bond may not be canceled except after 10 days' written notice to the department.</subsection><subsection number="41-12a-405(2)">
If a judgment rendered against the principal within the coverage of the bond is not satisfied within 60 days after judgment becomes final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action in the name of the department against the surety executing the bond.</subsection></section><section number="41-12a-406"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>State treasurer's certificate as proof of owner's or operator's security.</catchline><subsection number="41-12a-406(1)">
Proof of owner's or operator's security may be furnished by delivering to the department the certificate of the state treasurer certifying that the person named in it has deposited in trust with the state treasurer cash in an amount equal to twice the single limit under Subsection <xref depth="4" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304(2)" start="0">31A-22-304(2)</xref> or securities with a fair market value of a similar amount, which securities are legal investments for insurers under Section <xref depth="3" refid="C31A-18-S105_1800010118000101" refnumber="31A-18-105" start="0">31A-18-105</xref>.  The state treasurer may not accept a deposit and issue a certificate for it, unless the deposit is accompanied by evidence that there are no unsatisfied liens of any character on the assets deposited.</subsection><subsection number="41-12a-406(2)">
The deposit shall be held by the state treasurer in trust to satisfy any execution on a judgment that would be paid under an insurance policy conforming to Section <xref depth="3" refid="C31A-22-S302_1800010118000101" refnumber="31A-22-302" start="0">31A-22-302</xref> had the treasurer issued such a policy.</subsection><subsection number="41-12a-406(3)">
Except as provided under Subsection <xref depth="4" refid="C41-12a-S406_1800010118000101" refnumber="41-12a-406(2)" start="0">(2)</xref>, assets deposited with the treasurer under this chapter are exempt from attachment or execution.</subsection></section><section number="41-12a-407"><histories><history>Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Certificate of self-funded coverage as proof of owner's or operator's security.</catchline><subsection number="41-12a-407(1)">
The department may, upon the application of any person, issue a certificate of self-funded coverage when it is satisfied that the person has:
<subsection number="41-12a-407(1)(a)">
more than 24 motor vehicles; and</subsection><subsection number="41-12a-407(1)(b)">
deposits, in a form approved by the department, securities in an amount of $200,000 plus $100 for each motor vehicle up to and including 1,000 motor vehicles and $50 for every motor vehicle over 1,000 motor vehicles.</subsection></subsection><subsection number="41-12a-407(2)">
Persons holding a certificate of self-funded coverage under this chapter shall pay benefits to persons injured from the self-funded person's operation, maintenance, and use of motor vehicles as would an insurer issuing a policy to the self-funded person containing the coverages under Section <xref depth="3" refid="C31A-22-S302_1800010118000101" refnumber="31A-22-302" start="0">31A-22-302</xref>.</subsection><subsection number="41-12a-407(3)">
In accordance with <xref depth="1" refid="C63G-4_1800010118000101" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, the department may, upon reasonable grounds, cancel the certificate.  Failure to pay any judgment up to the limit under Subsection <xref depth="4" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304(2)" start="0">31A-22-304(2)</xref> within 30 days after the judgment is final is a reasonable ground to cancel the certificate.</subsection><subsection number="41-12a-407(4)">
Any government entity with self-funded coverage for government-owned motor vehicles under <xref depth="1" refid="C63G-7_1800010118000101" refnumber="63G-7" start="0">Title 63G, Chapter 7, Governmental Immunity Act of Utah</xref>, meets the requirements of this section.</subsection></section><section number="41-12a-408"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Substitution of forms of proof of owner's or operator's security.</catchline><tab/>The department shall consent to the cancellation of any bond or certificate of insurance or the department shall direct and the state treasurer shall return any money or securities to the person entitled to them upon the substitution and acceptance of other adequate proof of owner's or operator's security in a manner allowed under Section <xref depth="3" refid="C41-12a-S401_1800010118000101" refnumber="41-12a-401" start="0">41-12a-401</xref>.
</section><section number="41-12a-409"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Power to require proof of owner's or operator's security in other form.</catchline><tab/>If, after a hearing, the department determines that a particular proof of owner's or operator's security filed under this chapter no longer fulfills the purposes for which it is required, the department shall require proof of security in another permitted form.  Pending the filing of the other proof, the department shall suspend the license and registration or the nonresident's operating privilege.
</section><section number="41-12a-410"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Employee and family relationships.</catchline><tab/>Whenever any person required to give proof of owner's or operator's security is an operator in the employ of any owner, or is a member of the immediate family or household of the owner, the department shall accept proof of security by the owner in lieu of proof by the employee, family, or household member.  The department shall indicate by restriction on the operator's license the vehicles the operator may operate on the basis of that proof of security.
</section><section number="41-12a-411"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Duration of proof of owner's or operator's security.</catchline><subsection number="41-12a-411(1)">Except as otherwise provided under this section, any person required to give proof of owner's or operator's security shall maintain that proof with the department for a period of three years from the date the filing of proof was last requested.  Subject to Subsection <xref depth="4" refid="C41-12a-S411_1800010118000101" refnumber="41-12a-411(2)" start="0">(2)</xref>, the department shall:<subsection number="41-12a-411(1)(a)">upon request, consent to the immediate cancellation of any bond or certificate of insurance;</subsection><subsection number="41-12a-411(1)(b)">direct the state treasurer to return to the person entitled to it any money or securities deposited pursuant to this chapter as proof of owner's or operator's security; or</subsection><subsection number="41-12a-411(1)(c)">waive the requirement of filing proof, if the person on whose behalf the proof was filed dies or becomes permanently incapacitated to operate a motor vehicle or if the person who has given proof surrenders the person's registration to the department, except that if that person applies for a registration within three years from the date proof was originally required, the application shall be refused unless the applicant reestablishes proof of owner's or operator's security and maintains the proof for the remainder of the three-year period.</subsection></subsection><subsection number="41-12a-411(2)"><subsection number="41-12a-411(2)(a)">The department may not consent to the cancellation of any bond or the return of any money or securities if any action for damages upon a liability covered by that proof is then pending, if:<subsection number="41-12a-411(2)(a)(i)">any judgment of liability is unsatisfied; or</subsection><subsection number="41-12a-411(2)(a)(ii)">the person who filed the bond or deposited the money or securities has, within one year immediately preceding the request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others.</subsection></subsection><subsection number="41-12a-411(2)(b)">An affidavit of the applicant is sufficient evidence in the absence of contrary evidence in the records of the department if the affidavit declares:<subsection number="41-12a-411(2)(b)(i)">the nonexistence of liability or accidents;</subsection><subsection number="41-12a-411(2)(b)(ii)">that the person has been released from all liability; or</subsection><subsection number="41-12a-411(2)(b)(iii)">that the person has been finally adjudicated not to be liable for the injury or damage.</subsection></subsection></subsection></section></part><part number="41-12a-5"><catchline>Post-Accident Security Requirements and Satisfaction of Judgments</catchline><section number="41-12a-501"><histories><history>Amended by Chapter <modchap sess="2017GS">416</modchap>, 2017 General Session</history><modyear>2017</modyear></histories><catchline>Post-accident security.</catchline><subsection number="41-12a-501(1)"><subsection number="41-12a-501(1)(a)">
Unless excepted under Subsection <xref depth="4" refnumber="41-12a-501(2)" start="0">(2)</xref>, the operator of a motor vehicle involved in an accident in the state and any owner who has not previously satisfied the requirement of security under Section <xref depth="3" refnumber="41-12a-301" start="0">41-12a-301</xref> shall file post-accident security with the department for the benefit of persons obtaining judgments against the operator on account of bodily injury, death, or property damage caused by the accident.</subsection><subsection number="41-12a-501(1)(b)">
The security shall be in an amount determined by the department to be sufficient to satisfy judgments arising from bodily injury, death, or property damage resulting from the accident that may be recovered against the operator, but may not exceed the minimum single limit under Subsection <xref depth="4" refnumber="31A-22-304(2)" start="0">31A-22-304(2)</xref>.</subsection><subsection number="41-12a-501(1)(c)">
The department shall determine the amount of post-accident security on the basis of reports and other evidence submitted to the department by interested parties, including officials investigating the accident.</subsection><subsection number="41-12a-501(1)(d)">
In setting the amount of post-accident security, the department may not take into account alleged damages resulting from pain and suffering.</subsection><subsection number="41-12a-501(1)(e)">
Persons who fail to file required post-accident security are subject to the penalties under Subsection <xref depth="4" refnumber="41-12a-501(3)" start="0">(3)</xref>.</subsection></subsection><subsection number="41-12a-501(2)">
The operator is exempted from the post-accident requirement under Subsection <xref depth="4" refnumber="41-12a-501(1)" start="0">(1)</xref> if any of the following conditions are satisfied:
<subsection number="41-12a-501(2)(a)">
No bodily injury, death, or damage to the property of one person in excess of the damage limit specified under Section <xref depth="3" refnumber="41-6a-401" start="0">41-6a-401</xref> resulted from the accident.</subsection><subsection number="41-12a-501(2)(b)">
No injury, death, or property damage was suffered by any person other than the owner or operator.</subsection><subsection number="41-12a-501(2)(c)">
The owner of the motor vehicle was in compliance with the owner's security requirement under Section <xref depth="3" refnumber="41-12a-301" start="0">41-12a-301</xref> at the time of the accident and the operator had permission from the owner to operate the motor vehicle.</subsection><subsection number="41-12a-501(2)(d)">
The operator was in compliance with the operator's security requirement under Section <xref depth="3" refnumber="41-12a-301" start="0">41-12a-301</xref> at the time of the accident.</subsection><subsection number="41-12a-501(2)(e)">
The operator has filed satisfactory evidence with the department that the operator has been released from liability, has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident and is not in default on that agreement.</subsection><subsection number="41-12a-501(2)(f)">
The motor vehicle involved in the accident was operated by a nonresident who had an insurance policy or bond covering the accident, but not fully complying with the policy provision requirements under Section <xref depth="3" refnumber="31A-22-302" start="0">31A-22-302</xref>, if the policy or bond is sufficient to provide full recovery for claimants and the policy or bond is issued by an insurer licensed in the state.</subsection><subsection number="41-12a-501(2)(g)">
The operator at the time of the accident was operating a motor vehicle owned or leased by the operator's employer and driven with the employer's permission.</subsection><subsection number="41-12a-501(2)(h)">
Evidence as to the extent of injuries or property damage caused by the accident has not been submitted by or on behalf of any person affected by the accident within three years following the date of the accident.</subsection><subsection number="41-12a-501(2)(i)">
The motor vehicle was legally parked at the time of the accident.</subsection><subsection number="41-12a-501(2)(j)">
The motor vehicle was an emergency vehicle acting in the line of duty at the time of the accident.</subsection><subsection number="41-12a-501(2)(k)">
The motor vehicle involved in the accident is owned by the United States, this state, or any political subdivision of this state, if the operator was using the vehicle with the permission of the owner.</subsection><subsection number="41-12a-501(2)(l)">
The motor vehicle was legally stopped at a stop sign, traffic signal, or at the direction of a peace officer at the time of the accident.</subsection></subsection><subsection number="41-12a-501(3)"><subsection number="41-12a-501(3)(a)">
If an operator who is required to file post-accident security under Subsection <xref depth="4" refnumber="41-12a-501(1)" start="0">(1)</xref> does not do so within 10 days after receiving notice of the requirement of security, the department shall suspend the driver's license of the operator and all registrations of the owner, if he is a resident of the state.</subsection><subsection number="41-12a-501(3)(b)">
If the operator is not a resident of Utah, the department shall suspend the privilege of operating a motor vehicle within the state and of using, in the state, any owned motor vehicle.</subsection><subsection number="41-12a-501(3)(c)">
Notice of these suspensions shall be sent to the owner or operator no less than 15 days prior to the effective date of the suspension.</subsection></subsection></section><section number="41-12a-502"><histories><history>Amended by Chapter <modchap sess="2005GS">2</modchap>, 2005 General Session</history><modyear>2005</modyear></histories><catchline>Accident reports.</catchline><subsection number="41-12a-502(1)"><subsection number="41-12a-502(1)(a)">
Accident reports required under Section <xref depth="3" refid="C41-6a-S402_1800010118000101" refnumber="41-6a-402" start="0">41-6a-402</xref> shall contain information to enable the department to determine whether the owner and operator of the automobile involved in the accident were in compliance with the security requirement of Section <xref depth="3" refid="C41-12a-S301_1800010118000101" refnumber="41-12a-301" start="0">41-12a-301</xref>.</subsection><subsection number="41-12a-502(1)(b)">
The information may consist of identifying the policy, bond, or certificate's issuer and number.</subsection><subsection number="41-12a-502(1)(c)">
The department may rely upon the accuracy of the information unless it has reason to believe that it is erroneous.</subsection></subsection><subsection number="41-12a-502(2)"><subsection number="41-12a-502(2)(a)">
The operator of a motor vehicle involved in an accident shall, unless physically incapable, make an accident report.</subsection><subsection number="41-12a-502(2)(b)">
If the operator is physically incapable, the owner shall, if physically capable, make a report within 10 days of learning of the accident.</subsection><subsection number="41-12a-502(2)(c)">
The operator and owner shall furnish any additional relevant information the department reasonably requests.</subsection></subsection><subsection number="41-12a-502(3)">
Failure to report an accident as required under Section <xref depth="3" refid="C41-6a-S402_1800010118000101" refnumber="41-6a-402" start="0">41-6a-402</xref> shall be punished as set forth under Subsection <xref depth="4" refid="C41-6a-S402_1800010118000101" refnumber="41-6a-402(5)" start="0">41-6a-402(5)</xref>.</subsection></section><section number="41-12a-503"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Conditions to license, registration, and privilege renewal.</catchline><tab/>The license, registration, and nonresident's operating privilege suspended under Subsection <xref depth="4" refid="C41-12a-S501_1800010118000101" refnumber="41-12a-501(3)" start="0">41-12a-501(3)</xref> remain suspended and may not be renewed nor may that license or registration be issued until one of the following is satisfied:<subsection number="41-12a-503(1)">The person deposits or has deposited on that person's behalf the post-accident security required under Subsection <xref depth="4" refid="C41-12a-S501_1800010118000101" refnumber="41-12a-501(1)" start="0">41-12a-501(1)</xref>.</subsection><subsection number="41-12a-503(2)">One year has elapsed following the effective date of the suspension and evidence satisfactory to the department has been filed that during that period no action for damages arising out of the accident has been commenced.</subsection><subsection number="41-12a-503(3)">Evidence satisfactory to the department has been filed with it of a release from liability, of a final adjudication of nonliability, or of a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident.  In the event of default in the payment of any installment under such an agreement, upon receiving notice of the default, the department shall suspend the license and registration or nonresident's operating privilege of the person defaulting.  This license, registration, or nonresident's operating privilege may not be restored until either:<subsection number="41-12a-503(3)(a)">The person deposits and thereafter maintains security as required under Subsection <xref depth="4" refid="C41-12a-S501_1800010118000101" refnumber="41-12a-501(1)" start="0">41-12a-501(1)</xref>.</subsection><subsection number="41-12a-503(3)(b)">One year has elapsed following the date when the security was required and during that period no action upon the agreement has been instituted in a Utah court.</subsection></subsection></section><section number="41-12a-504"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Payments by insurers as evidence to the department.</catchline><subsection number="41-12a-504(1)">
The department may accept evidence of a payment to an operator or owner of a motor vehicle involved in an accident by the insurer of any other person involved in the accident on account of damage to property as effective to relieve the operator from the post-accident security and suspension provisions of this chapter in respect to any claim for property damage by the person on whose behalf the payment has been made.  A payment to the insurer of an operator or owner under its right of subrogation is the equivalent of a payment to the operator or owner.</subsection><subsection number="41-12a-504(2)">
The department may accept evidence of a payment on account of bodily injury to a person involved in an accident by the insurer of any other person involved in the accident as effective to relieve the person to whom the payment is made from the post-accident security and suspension provisions of this chapter in respect to any claim for bodily injury by the person on whose behalf the payment is made.</subsection></section><section number="41-12a-505"><histories><history>Amended by Chapter <modchap sess="2006GS">127</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Effect upon nonresident of use of state highways.</catchline><subsection number="41-12a-505(1)"><subsection number="41-12a-505(1)(a)">
The use and operation by a nonresident or his agent, or of a resident who has departed Utah, of a motor vehicle on Utah highways is an appointment of the Division of Corporations and Commercial Code as the true and lawful attorney for service of legal process in any action or proceeding against the person arising from the use or operation of a motor vehicle over Utah highways which use or operation results in damages or loss to person or property.  </subsection><subsection number="41-12a-505(1)(b)">
The use or operation referenced in Subsection <xref depth="4" refid="C41-12a-S505_1800010118000101" refnumber="41-12a-505(1)" start="0">(1)</xref> is an agreement that process shall, in any action against the person in which there is such service, be of the same legal force and validity as if served upon him personally in Utah.</subsection></subsection><subsection number="41-12a-505(2)"><subsection number="41-12a-505(2)(a)">
Service of process under Subsection <xref depth="4" refid="C41-12a-S505_1800010118000101" refnumber="41-12a-505(1)" start="0">(1)</xref> is made by serving a copy upon the Division of Corporations and Commercial Code or by filing a copy in that office with payment of a reasonable fee.</subsection><subsection number="41-12a-505(2)(b)">
The plaintiff shall, within 10 days after service of process, send notice of the process together with plaintiff's affidavit of compliance with this section to the defendant by registered mail at the defendant's last-known address.</subsection></subsection><subsection number="41-12a-505(3)"><subsection number="41-12a-505(3)(a)">
The court in which the action is pending may order any continuance necessary to afford the defendant reasonable opportunity to defend the action, but not exceeding 90 days from the date of filing the action in court.</subsection><subsection number="41-12a-505(3)(b)">
The reasonable fee paid by the plaintiff to the  Division of Corporations and Commercial Code is taxed as costs if the plaintiff prevails.</subsection><subsection number="41-12a-505(3)(c)">
The division shall keep a record of all process served showing the day and hour of service.</subsection></subsection></section><section number="41-12a-506"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Application to persons without license or registration.</catchline><tab/>If the operator or the owner of a motor vehicle involved in an accident in Utah has no license or registration in Utah, or is a nonresident, the operator or owner may not obtain a license or registration in Utah until the operator or owner has complied with the requirements of this chapter to the extent that would be necessary if, at the time of the accident, the operator or owner held a Utah license and registration.</section><section number="41-12a-507"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Cooperation with other states.</catchline><subsection number="41-12a-507(1)">When a nonresident's operating privilege is suspended under this chapter, the department shall send a certified copy of the record of the action to the official in charge of the issuance of licenses and registration certificates in the state in which the nonresident resides, if the law of the other state provides for action similar to that provided for in Subsection <xref depth="4" refid="C41-12a-S507_1800010118000101" refnumber="41-12a-507(2)" start="0">(2)</xref>.</subsection><subsection number="41-12a-507(2)">Upon receipt of certification from the official of another state that the operating privilege of a Utah resident has been suspended in the other state for failure to deposit post-accident security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the deposit in Utah, the department shall suspend the license of the resident if the resident was the operator, and all of the resident's registrations if the resident was the owner of a motor vehicle involved in the accident.  These suspensions continue until the Utah resident furnishes evidence of the resident's compliance with the law of the other state relating to the deposit of post-accident security.</subsection></section><section number="41-12a-508"><histories><history>Amended by Chapter <modchap sess="2001GS">85</modchap>, 2001 General Session</history><modyear>2001</modyear></histories><catchline>Form and amount of post-accident security.</catchline><subsection number="41-12a-508(1)">
The post-accident security required under Subsection <xref depth="4" refid="C41-12a-S501_1800010118000101" refnumber="41-12a-501(1)" start="0">41-12a-501(1)</xref> shall be in the form of cash, cashier's check, a national or Utah bank's clean and irrevocable letter of credit, or the assignment of a bank's certificate of deposit.  The department may not require a deposit in excess of the minimum single limit under Subsection <xref depth="4" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304(2)" start="0">31A-22-304(2)</xref>.  The person depositing security shall specify in a manner specified by the department the persons on whose behalf the deposit is made and may, at any time while the deposit is in the custody of the department or state treasurer, in a manner specified by the department amend the specification of the persons on whose behalf the deposit is made.  However, a single deposit of security is applicable only on behalf of persons required to furnish security because of the same accident.</subsection><subsection number="41-12a-508(2)">
Subject to Subsection <xref depth="4" refid="C41-12a-S508_1800010118000101" refnumber="41-12a-508(1)" start="0">(1)</xref>, the department may alter the amount of post-accident security required if, in its judgment, the amount previously ordered is excessive or inadequate.  If the security originally ordered is determined to be excessive, the excess deposited over the reduced amount ordered shall be returned to the depositor or his personal representative as soon as possible, notwithstanding the provisions of Section <xref depth="3" refid="C41-12a-S509_1800010118000101" refnumber="41-12a-509" start="0">41-12a-509</xref>.  If the security originally ordered is determined to be inadequate, the depositor may be required to increase the deposit within 20 days or be subject to the penalties under Subsection <xref depth="4" refid="C41-12a-S501_1800010118000101" refnumber="41-12a-501(3)" start="0">41-12a-501(3)</xref>.</subsection></section><section number="41-12a-509"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Custody and terms of post-accident security deposits.</catchline><tab/>Post-accident security deposited in compliance with Subsection <xref depth="4" refid="C41-12a-S501_1800010118000101" refnumber="41-12a-501(1)" start="0">41-12a-501(1)</xref> shall be placed by the department in the custody of the state treasurer and may be applied only to the payment of judgments rendered against the persons on whose behalf the deposit was made, for damages arising out of the accident in question in an action at law, begun not later than one year after the date of the accident, or within one year after the date of deposit of any security under Subsection <xref depth="4" refid="C41-12a-S503_1800010118000101" refnumber="41-12a-503(3)(a)" start="0">41-12a-503(3)(a)</xref>, or to the payment in settlement, agreed to by the depositor, of claims arising out of the accident.  The deposit or any balance of it shall be returned to the depositor or the depositor's personal representative when evidence satisfactory to the department has been provided that the conditions of either Subsection <xref depth="4" refid="C41-12a-S503_1800010118000101" refnumber="41-12a-503(2)" start="0">41-12a-503(2)</xref> or <xref depth="4" refid="C41-12a-S503_1800010118000101" refnumber="41-12a-503(3)" start="0">(3)</xref> have been satisfied.</section><section number="41-12a-510"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Report, findings, action, and security as evidence.</catchline><tab/>Neither the report required under Section <xref depth="3" refid="C41-12a-S502_1800010118000101" refnumber="41-12a-502" start="0">41-12a-502</xref>, nor the department's findings, action, or requirement of post-accident security under this chapter may be referred to in any way, nor be any evidence of negligence or due care of either party, at the trial of any action at law to recover damages.
</section><section number="41-12a-511"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Failure to satisfy judgment.</catchline><subsection number="41-12a-511(1)">Whenever any person fails within 60 days to satisfy any judgment, it is the duty of the clerk of the court or of the judge of a court which has no clerk in which any such judgment is rendered in Utah, upon the written request of the judgment creditor or the creditor's attorney, to forward to the department immediately after the expiration of the 60 days, a certified copy of the judgment.</subsection><subsection number="41-12a-511(2)">The department, upon the receipt of a certified copy of a judgment, shall suspend the license and registration and any nonresident's operating privilege of any person against whom the judgment was rendered, except as provided in Subsection <xref depth="4" refid="C41-12a-S511_1800010118000101" refnumber="41-12a-511(5)" start="0">(5)</xref> and Section <xref depth="3" refid="C41-12a-S513_1800010118000101" refnumber="41-12a-513" start="0">41-12a-513</xref>.</subsection><subsection number="41-12a-511(3)">Except as provided under Subsection <xref depth="4" refid="C41-12a-S511_1800010118000101" refnumber="41-12a-511(5)" start="0">(5)</xref> and Section <xref depth="3" refid="C41-12a-S513_1800010118000101" refnumber="41-12a-513" start="0">41-12a-513</xref>, a license, registration, and nonresident's operating privilege suspended under Subsection <xref depth="4" refid="C41-12a-S511_1800010118000101" refnumber="41-12a-511(2)" start="0">(2)</xref> remains suspended and may not be renewed nor may that license or registration be thereafter issued in the name of the same person, including a person not previously licensed, unless every such judgment is stayed or satisfied in full within the meaning of Section <xref depth="3" refid="C41-12a-S512_1800010118000101" refnumber="41-12a-512" start="0">41-12a-512</xref>, and until the person files proof of owner's or operator's security.</subsection><subsection number="41-12a-511(4)">If the judgment debtor named in any certified copy of a judgment reported to the department is a nonresident, the department shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the judgment debtor is a resident.</subsection><subsection number="41-12a-511(5)">If the judgment creditor consents in writing, in a form the department prescribes, that the judgment debtor be allowed license and registration or nonresident's operating privilege, they may be allowed by the department for six months from the date of the consent and thereafter until that consent is revoked in writing, notwithstanding the default in the payment of the judgment or of any installments thereof prescribed in Section <xref depth="3" refid="C41-12a-S513_1800010118000101" refnumber="41-12a-513" start="0">41-12a-513</xref>, if the judgment debtor furnishes proof of owner's security.</subsection></section><section number="41-12a-512"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>When judgments deemed satisfied.</catchline><tab/>Judgments arising from a single accident which in the aggregate are in excess of the minimum single limit under Subsection <xref depth="4" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304(2)" start="0">31A-22-304(2)</xref> shall be considered satisfied in full, for the purpose of this chapter only, when payments equal to that limit have been credited to the judgment.  Payments made by the judgment debtor prior to the judgment, but on the claim which arose out of the bodily injury, death, or property damage caused by a motor vehicle accident shall be credited in reduction of the amount necessary for the judgment to be considered satisfied in full for purposes of this chapter.  If multiple judgments against a depositor of post-accident security arise out of the same accident, and in the aggregate the several claims exceed the amount deposited, then the deposit shall be distributed pro rata, based upon each judgment creditor's portion of the total judgments arising from the accident.  Any punitive or exemplary damages awarded a judgment creditor may not be considered in determining the claimant's pro rata share.
</section><section number="41-12a-513"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Payment of judgment in installments.</catchline><subsection number="41-12a-513(1)">
A judgment debtor upon due notice to the judgment creditor may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments.  The court, in its discretion and without prejudice to any other legal remedies the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.</subsection><subsection number="41-12a-513(2)">
Subject to Subsection <xref depth="4" refid="C41-12a-S513_1800010118000101" refnumber="41-12a-513(3)" start="0">(3)</xref>, the department may not suspend a license, registration, or a nonresident's operating privilege, and it shall restore them if previously suspended for nonpayment of a judgment, if the judgment debtor:
<subsection number="41-12a-513(2)(a)">
obtains orders under Subsection <xref depth="4" refid="C41-12a-S513_1800010118000101" refnumber="41-12a-513(1)" start="0">(1)</xref> as to all unsatisfied judgments; and</subsection><subsection number="41-12a-513(2)(b)">
provides and maintains proof of owner's or operator's security.</subsection></subsection><subsection number="41-12a-513(3)">
If the judgment debtor fails to pay any installment as specified by an order under Subsection <xref depth="4" refid="C41-12a-S513_1800010118000101" refnumber="41-12a-513(1)" start="0">(1)</xref>, then upon notice of that default, the department shall suspend the license, registration, or nonresident's operating privilege of the judgment debtor until the judgment is satisfied.</subsection></section></part><part number="41-12a-6"><catchline>Miscellaneous Enforcement Provisions</catchline><section number="41-12a-601"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Collusive transfers prohibited.</catchline><tab/>If an owner's registration has been suspended under this chapter, the registration may not be transferred nor the motor vehicle registered in any other name until the department is satisfied that the transfer or registration is proposed in good faith and not with the intent or the effect of defeating the purposes of this chapter.  This section does not affect the rights of a conditional vendor, chattel mortgagee, or lessor of a motor vehicle registered in the name of another as owner who becomes subject to the provisions of this chapter.
</section><section number="41-12a-602"><histories><history>Amended by Chapter <modchap sess="2024GS">251</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Filing of false report.</catchline><tab/>Any person who gives information required in a report provided for under Section <xref depth="3" refnumber="41-12a-502">41-12a-502</xref>, knowing or having reason to believe that the information is false, or who shall forge or, without authority, sign any evidence of proof of owner's or operator's security, or who files or offers for filing any such evidence of proof, knowing or having reason to believe that it is forged or signed without authority, or who falsely swears or affirms when obtaining a license plate, a safety inspection, or a registration under Section <xref depth="3" refnumber="41-12a-303">41-12a-303</xref>, is guilty of a class A misdemeanor.</section><section number="41-12a-603"><histories><history>Amended by Chapter <modchap sess="1991GS">241</modchap>, 1991 General Session</history><modyear>1991</modyear></histories><catchline>Operating motor vehicle without license or registration.</catchline><tab/>Any person whose license or registration or nonresident's operating privilege has been suspended or revoked under this chapter and who, during the suspension or revocation drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by the person to be operated by another upon any highway, except as permitted under this chapter, is guilty of a class  C misdemeanor.
</section><section number="41-12a-604"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Suspension of license.</catchline><subsection number="41-12a-604(1)">A person convicted of a class A or a class B misdemeanor under this chapter, in addition to any other penalties which are imposed by law, shall have the person's operator's license suspended by the department.</subsection><subsection number="41-12a-604(2)">Whenever any person is convicted of an offense for which this chapter mandates the suspension of that person's license or the registration of that person's motor vehicle, and that person does not produce proof of owner's or operator's security at the time of that person's appearance, the court in which the conviction takes place shall require the surrender to it of all pertinent evidences of registration, including all registration cards, license plates, nonresident temporary permits, and other similar materials then held by the person so convicted.  This court shall then forward the registration materials to the Motor Vehicle Division of the State Tax Commission and send the Driver License Division a record of the conviction.  If the person so convicted secures a judgment of acquittal or reversal of this conviction in any appellate court, the department shall reinstate that person's driver license or privilege and the Motor Vehicle Division shall reinstate the registration of that person's motor vehicle immediately upon receipt of a certified copy of the judgment of acquittal or reversal.</subsection><subsection number="41-12a-604(3)">If the owner has surrendered the owner's registration materials to the Motor Vehicle Division, the owner may, unless otherwise prohibited by law, apply for a new registration, by providing proof of owner's security.</subsection></section><section number="41-12a-605"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Other violations.</catchline><tab/>Any person who violates any provision of this chapter for which no penalty is otherwise provided is guilty of a class C misdemeanor.
</section><section number="41-12a-606"><histories><history>Enacted by Chapter <modchap sess="1985GS">242</modchap>, 1985 General Session</history><modyear>1985</modyear></histories><catchline>Authority of political subdivisions to adopt ordinances.</catchline><tab/>The provisions of this chapter shall be applied uniformly throughout the state and in all municipalities and other political subdivisions.  Local authorities may, however, adopt regulations or ordinances consistent with this chapter and additional traffic regulations which are not in conflict with this chapter.
</section></part><part number="41-12a-8"><catchline>Uninsured Motorist Identification Database Program</catchline><section number="41-12a-801"><histories><history>Enacted by Chapter <modchap sess="1994GS">59</modchap>, 1994 General Session</history><modyear>1994</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Uninsured Motorist Identification Database Program."
</section><section number="41-12a-802"><histories><history>Amended by Chapter <modchap sess="2024GS">236</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="41-12a-802(1)">"Account" means the Uninsured Motorist Identification Restricted Account created in Section <xref depth="3" refnumber="41-12a-806">41-12a-806</xref>.</subsection><subsection number="41-12a-802(2)">"Database" means the Uninsured Motorist Identification Database created in Section <xref depth="3" refnumber="41-12a-803">41-12a-803</xref>.</subsection><subsection number="41-12a-802(3)">"Designated agent" means the third party the department contracts with under Section <xref depth="3" refnumber="41-12a-803">41-12a-803</xref>.</subsection><subsection number="41-12a-802(4)">"Division" means the Driver License Division created in Section <xref depth="3" refnumber="53-3-103">53-3-103</xref>.</subsection><subsection number="41-12a-802(5)"><subsection number="41-12a-802(5)(a)">"Motor vehicle" has the same meaning as set forth in Section <xref depth="3" refnumber="41-1a-102">41-1a-102</xref>.</subsection><subsection number="41-12a-802(5)(b)">"Motor vehicle" includes a street-legal all-terrain vehicle.</subsection></subsection><subsection number="41-12a-802(6)">"Motor Vehicle Division" means the Motor Vehicle Division of the State Tax Commission created in Section <xref depth="3" refnumber="41-1a-106">41-1a-106</xref>.</subsection><subsection number="41-12a-802(7)">"Program" means the Uninsured Motorist Identification Database Program created in Section <xref depth="3" refnumber="41-12a-803">41-12a-803</xref>.</subsection><subsection number="41-12a-802(8)">"Street-legal all-terrain vehicle" means the same as that term is defined in Section <xref depth="3" refnumber="41-6a-102">41-6a-102</xref>.</subsection></section><section number="41-12a-803"><histories><history>Amended by Chapter <modchap sess="2024GS">236</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Program creation -- Administration -- Selection of designated agent -- Duties -- Rulemaking -- Audits.</catchline><subsection number="41-12a-803(1)">There is created the Uninsured Motorist Identification Database Program to:<subsection number="41-12a-803(1)(a)">establish an Uninsured Motorist Identification Database to verify compliance with:<subsection number="41-12a-803(1)(a)(i)">motor vehicle owner's or operator's security requirements under Section <xref depth="3" refnumber="41-12a-301">41-12a-301</xref> and other provisions under this part; and</subsection><subsection number="41-12a-803(1)(a)(ii)">motorboat owner's or operator's security requirements under Section <xref depth="3" refnumber="73-18c-304">73-18c-304</xref> and other provisions under this part;</subsection></subsection><subsection number="41-12a-803(1)(b)">assist in reducing the number of uninsured motor vehicles on the highways of the state and uninsured motorboats on the waters of the state;</subsection><subsection number="41-12a-803(1)(c)">assist in increasing compliance with motor vehicle and motorboat registration and sales and use tax laws;</subsection><subsection number="41-12a-803(1)(d)">assist in protecting a financial institution's bona fide security interest in a motor vehicle or motorboat; and</subsection><subsection number="41-12a-803(1)(e)">assist in the identification and prevention of identity theft and other crimes.</subsection></subsection><subsection number="41-12a-803(2)">The program shall be administered by the department with the assistance of the designated agent and the Motor Vehicle Division.</subsection><subsection number="41-12a-803(3)"><subsection number="41-12a-803(3)(a)">The department shall contract in accordance with Title 63G, Chapter 6a, Utah Procurement Code, with a third party to establish and maintain an Uninsured Motorist Identification Database for the purposes established under this part.</subsection><subsection number="41-12a-803(3)(b)">The contract may not obligate the department to pay the third party more money than is available in the account.</subsection></subsection><subsection number="41-12a-803(4)"><subsection number="41-12a-803(4)(a)">The third party under contract under this section is the department's designated agent, and shall develop and maintain a computer database from the information provided by:<subsection number="41-12a-803(4)(a)(i)">insurers under Section <xref depth="3" refnumber="31A-22-315">31A-22-315</xref>;</subsection><subsection number="41-12a-803(4)(a)(ii)">the division under Subsection (6); and</subsection><subsection number="41-12a-803(4)(a)(iii)">the Motor Vehicle Division under Section <xref depth="3" refnumber="41-1a-120">41-1a-120</xref>.</subsection></subsection><subsection number="41-12a-803(4)(b)"><subsection number="41-12a-803(4)(b)(i)">The database shall be developed and maintained in accordance with guidelines established by the department so that state and local law enforcement agencies and financial institutions as defined in Section <xref depth="3" refnumber="7-1-103">7-1-103</xref> can efficiently access the records of the database, including reports useful for the implementation of the provisions of this part.</subsection><subsection number="41-12a-803(4)(b)(ii)"><subsection number="41-12a-803(4)(b)(ii)(A)">The reports shall be in a form and contain information approved by the department.</subsection><subsection number="41-12a-803(4)(b)(ii)(B)">The reports may be made available through the Internet or through other electronic medium, if the department determines that sufficient security is provided to ensure compliance with Section <xref depth="3" refnumber="41-12a-805">41-12a-805</xref> regarding limitations on disclosure of information in the database.</subsection></subsection></subsection></subsection><subsection number="41-12a-803(5)">With information provided by the department and the Motor Vehicle Division, the designated agent shall, at least monthly for submissions under Subsection <xref depth="4" refnumber="31A-22-315(2)(b)">31A-22-315(2)(b)</xref> or at least twice a month for submissions under Subsection <xref depth="4" refnumber="31A-22-315(2)(a)">31A-22-315(2)(a)</xref>:<subsection number="41-12a-803(5)(a)">update the database with the motor vehicle and motorboat insurance information provided by the insurers in accordance with Section <xref depth="3" refnumber="31A-22-315">31A-22-315</xref>; and</subsection><subsection number="41-12a-803(5)(b)">compare all current motor vehicle and motorboat registrations against the database.</subsection></subsection><subsection number="41-12a-803(6)">The division shall provide the designated agent with the name, date of birth, address, and driver license number of all persons on the driver license database.</subsection><subsection number="41-12a-803(7)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules and develop procedures in cooperation with the Motor Vehicle Division to use the database for the purpose of administering and enforcing this part.</subsection><subsection number="41-12a-803(8)"><subsection number="41-12a-803(8)(a)">The designated agent shall archive computer data files at least semi-annually for auditing purposes.</subsection><subsection number="41-12a-803(8)(b)">The internal audit unit of the tax commission provided under Section <xref depth="3" refnumber="59-1-206">59-1-206</xref> shall audit the program at least every three years.</subsection><subsection number="41-12a-803(8)(c)">The audit under Subsection (8)(b) shall include verification of:<subsection number="41-12a-803(8)(c)(i)">billings made by the designated agent; and</subsection><subsection number="41-12a-803(8)(c)(ii)">the accuracy of the designated agent's matching of vehicle registration with insurance data.</subsection></subsection></subsection><subsection number="41-12a-803(9)">Upon request, the designated agent shall make available the information provided by insurers under Section <xref depth="3" refnumber="31A-22-315.5">31A-22-315.5</xref> to:<subsection number="41-12a-803(9)(a)">state and local law enforcement agencies; and</subsection><subsection number="41-12a-803(9)(b)">financial institutions as defined in Section <xref depth="3" refnumber="7-1-103">7-1-103</xref>.</subsection></subsection></section><section number="41-12a-804"><histories><history>Amended by Chapter <modchap sess="2026GS">382</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Notice -- Proof -- Revocation of registration -- False statements -- Penalties -- Exemptions -- Sales tax enforcement.</catchline><subsection number="41-12a-804(1)">Subject to Subsection <xref refnumber="41-12a-804(3)" depth="4">(3)</xref>, if the comparison under Section <xref depth="3" refnumber="41-12a-803">41-12a-803</xref> shows that a motor vehicle is not insured for three consecutive months, or a motorboat is not insured for two consecutive months, the Motor Vehicle Division shall direct that the designated agent provide notice to the owner of the motor vehicle or motorboat that the owner has 15 days to provide:<subsection number="41-12a-804(1)(a)">proof of owner's or operator's security in a form allowed under Section 41-12a-302; or</subsection><subsection number="41-12a-804(1)(b)">proof of exemption from the owner's or operator's security requirements.</subsection></subsection><subsection number="41-12a-804(2)">Subject to Subsection <xref refnumber="41-12a-804(3)" depth="4">(3)</xref>, if an owner of a motor vehicle or motorboat fails to provide satisfactory proof of owner's or operator's security to the designated agent, the designated agent shall:<subsection number="41-12a-804(2)(a)">provide a second notice to the owner of the motor vehicle or motorboat that the owner now has 15 days to provide:<subsection number="41-12a-804(2)(a)(i)">proof of owner's or operator's security in a form allowed under Section 41-12a-302; or</subsection><subsection number="41-12a-804(2)(a)(ii)">proof of exemption from the owner's or operator's security requirements;</subsection></subsection><subsection number="41-12a-804(2)(b)">for each notice provided, indicate information relating to the owner's failure to provide proof of owner's or operator's security in the database; and</subsection><subsection number="41-12a-804(2)(c)">provide this information to state and local law enforcement agencies as requested in accordance with the provisions under Section <xref depth="3" refnumber="41-12a-805">41-12a-805</xref>.</subsection></subsection><subsection number="41-12a-804(3)"><subsection number="41-12a-804(3)(a)">Except as provided in Subsection <xref depth="4" refnumber="41-12a-804(3)(b)">(3)(b)</xref>, for a motorboat, Subsections <xref refnumber="41-12a-804(1)" depth="4">(1)</xref> and (2) only apply during the months of April through October.</subsection><subsection number="41-12a-804(3)(b)">For a motorboat, the designated agent shall comply with the requirement described in Subsection <xref refnumber="41-12a-804(2)(c)" depth="4">(2)(c)</xref> year-round.</subsection><subsection number="41-12a-804(3)(c)">For a notice required under Subsection <xref refnumber="41-12a-804(1)" depth="4">(1)</xref> for a motorboat, the requirement for the Motor Vehicle Division and the designated agent to send notice begins on January 1, 2026.</subsection></subsection><subsection number="41-12a-804(4)"><subsection number="41-12a-804(4)(a)">The Motor Vehicle Division:<subsection number="41-12a-804(4)(a)(i)">shall revoke the registration upon receiving notification under Subsection <xref depth="4" refnumber="41-1a-110(2)">41-1a-110(2)</xref>;</subsection><subsection number="41-12a-804(4)(a)(ii)">shall provide appropriate notices of the revocation, the legal consequences of operating a vehicle with revoked registration and without owner's or operator's security, and instructions on how to get the registration reinstated; and</subsection><subsection number="41-12a-804(4)(a)(iii)">may direct the designated agent to provide the notices under this Subsection <xref depth="4" refnumber="41-12a-804(4)(a)">(4)(a)</xref>.</subsection></subsection><subsection number="41-12a-804(4)(b)">For a motorboat, Subsection <xref refnumber="41-12a-804(4)(a)" depth="4">(4)(a)</xref> only applies during the months of April through October.</subsection></subsection><subsection number="41-12a-804(5)">Any action by the Motor Vehicle Division to revoke the registration of a motor vehicle or motorboat under this section may be in addition to an action by a law enforcement agency to impose the penalties under Section <xref depth="3" refnumber="41-12a-302">41-12a-302</xref>.</subsection><subsection number="41-12a-804(6)"><subsection number="41-12a-804(6)(a)">A person may not provide a false or fraudulent statement to the Motor Vehicle Division or designated agent.</subsection><subsection number="41-12a-804(6)(b)">In addition to any other penalties, a person who violates Subsection <xref depth="4" refnumber="41-12a-804(6)(a)">(6)(a)</xref> is guilty of a class B misdemeanor.</subsection></subsection><subsection number="41-12a-804(7)">The department and the Motor Vehicle Division shall direct the designated agent to exempt from this section a farm truck that:<subsection number="41-12a-804(7)(a)">meets the definition of a farm truck under Section <xref depth="3" refnumber="41-1a-102">41-1a-102</xref>; and</subsection><subsection number="41-12a-804(7)(b)">is registered as a farm truck under Title 41, Chapter 1a, Motor Vehicle Act.</subsection></subsection><subsection number="41-12a-804(8)">This part does not affect other actions or penalties that may be taken or imposed for violation of the owner's and operator's security requirements of this chapter.</subsection><subsection number="41-12a-804(9)">If a comparison under Section <xref depth="3" refnumber="41-12a-803">41-12a-803</xref> shows that a motor vehicle or motorboat may not be in compliance with motor vehicle or motorboat registration or sales and use tax laws, the Motor Vehicle Division may direct that the designated agent provide notice to the owner of a motor vehicle or motorboat that information exists which indicates the possible violation.</subsection></section><section number="41-12a-805"><histories><history>Amended by Chapter <modchap sess="2024GS">236</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disclosure of insurance information -- Penalty.</catchline><subsection number="41-12a-805(1)">Information in the database established under Section <xref depth="3" refnumber="41-12a-803">41-12a-803</xref> provided by a person to the designated agent is considered to be the property of the person providing the information.</subsection><subsection number="41-12a-805(2)">The information may not be disclosed from the database under Title 63G, Chapter 2, Government Records Access and Management Act, or otherwise, except as follows:<subsection number="41-12a-805(2)(a)">for the purpose of investigating, litigating, or enforcing the owner's or operator's security requirement under Section <xref depth="3" refnumber="41-12a-301">41-12a-301</xref>, the designated agent shall verify insurance information through the state computer network for a state or local government agency or court;</subsection><subsection number="41-12a-805(2)(b)">for the purpose of investigating, litigating, or enforcing the owner's or operator's security requirement under Section <xref depth="3" refnumber="41-12a-301">41-12a-301</xref>, the designated agent shall, upon request, issue to any state or local government agency or court a certificate documenting the insurance information, according to the database, of a specific individual or motor vehicle or motorboat for the time period designated by the government agency;</subsection><subsection number="41-12a-805(2)(c)">upon request, the department or its designated agent shall disclose whether or not a person is an insured individual and the insurance company name to:<subsection number="41-12a-805(2)(c)(i)">that individual or, if that individual is deceased, any interested person of that individual, as defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>;</subsection><subsection number="41-12a-805(2)(c)(ii)">the parent or legal guardian of that individual if the individual is an unemancipated minor;</subsection><subsection number="41-12a-805(2)(c)(iii)">the legal guardian of that individual if the individual is legally incapacitated;</subsection><subsection number="41-12a-805(2)(c)(iv)">a person who has power of attorney from the insured individual;</subsection><subsection number="41-12a-805(2)(c)(v)">a person who submits a notarized release from the insured individual dated no more than 90 days before the date the request is made; or</subsection><subsection number="41-12a-805(2)(c)(vi)">a person suffering loss or injury in a motor vehicle or motorboat accident in which the insured individual is involved, but only as part of an accident report as authorized in Section <xref depth="3" refnumber="41-12a-202">41-12a-202</xref>;</subsection></subsection><subsection number="41-12a-805(2)(d)">for the purpose of investigating, enforcing, or prosecuting laws or issuing citations by state or local law enforcement agencies related to the:<subsection number="41-12a-805(2)(d)(i)">registration and renewal of registration of a motor vehicle under Title 41, Chapter 1a, Motor Vehicle Act;</subsection><subsection number="41-12a-805(2)(d)(ii)">registration and renewal of registration of a motorboat under Title 73, Chapter 18, State Boating Act;</subsection><subsection number="41-12a-805(2)(d)(iii)">purchase of a motor vehicle or motorboat under Title 59, Chapter 12, Sales and Use Tax Act; and</subsection><subsection number="41-12a-805(2)(d)(iv)">owner's or operator's security requirements under Section <xref depth="3" refnumber="41-12a-301">41-12a-301</xref> or <xref depth="3" refnumber="73-18c-304">73-18c-304</xref>;</subsection></subsection><subsection number="41-12a-805(2)(e)">upon request of a peace officer acting in an official capacity under the provisions of Subsection (2)(d), the department or the designated agent shall, upon request, disclose relevant information for investigation, enforcement, or prosecution;</subsection><subsection number="41-12a-805(2)(f)">for the purpose of the state auditor, the legislative auditor general, or other auditor of the state conducting audits of the program;</subsection><subsection number="41-12a-805(2)(g)">upon request of a financial institution as defined under Section <xref depth="3" refnumber="7-1-103">7-1-103</xref> for the purpose of protecting the financial institution's bona fide security interest in a motor vehicle or motorboat; </subsection><subsection number="41-12a-805(2)(h)">upon the request of a state or local law enforcement agency for the purpose of investigating and prosecuting identity theft and other crimes; and</subsection><subsection number="41-12a-805(2)(i)">the designated agent shall provide information from the database regarding a towed vehicle to the vehicle owner's insurance company of record at the time the vehicle was towed, including, if available, the name, address, and contact information of the tow yard where the vehicle is stored.</subsection></subsection><subsection number="41-12a-805(3)"><subsection number="41-12a-805(3)(a)">The department may allow the designated agent to prepare and deliver upon request, a report on the insurance information of a person or motor vehicle or motorboat in accordance with this section.</subsection><subsection number="41-12a-805(3)(b)">The report may be in the form of:<subsection number="41-12a-805(3)(b)(i)">a certified copy that is considered admissible in any court proceeding in the same manner as the original; or</subsection><subsection number="41-12a-805(3)(b)(ii)">information accessible through the Internet or through other electronic medium if the department determines that sufficient security is provided to ensure compliance with this section.</subsection></subsection><subsection number="41-12a-805(3)(c)">The department may allow the designated agent to charge a fee established by the department under Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref> for each:<subsection number="41-12a-805(3)(c)(i)">document authenticated, including each certified copy;</subsection><subsection number="41-12a-805(3)(c)(ii)">record accessed by the Internet or by other electronic medium; and</subsection><subsection number="41-12a-805(3)(c)(iii)">record provided to a financial institution under Subsection (2)(g).</subsection></subsection></subsection><subsection number="41-12a-805(4)">A person who knowingly releases or discloses information from the database for a purpose other than those authorized in this section or to a person who is not entitled to it is guilty of a third degree felony.</subsection><subsection number="41-12a-805(5)">An insurer is not liable to any person for complying with Sections <xref depth="3" refnumber="31A-22-315">31A-22-315</xref> and <xref depth="3" refnumber="31A-22-315.5">31A-22-315.5</xref> by providing information to the designated agent.</subsection><subsection number="41-12a-805(6)">Neither the state nor the department's designated agent is liable to any person for gathering, managing, or using the information in the database as provided in Sections <xref depth="3" refnumber="31A-22-315">31A-22-315</xref> and <xref depth="3" refnumber="31A-22-315.5">31A-22-315.5</xref> and this part.</subsection></section><section number="41-12a-806"><histories><history>Amended by Chapter <modchap sess="2025GS">294</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Restricted account -- Creation -- Funding -- Interest -- Purposes.</catchline><subsection number="41-12a-806(1)">There is created within the Transportation Fund a restricted account known as the "Uninsured Motorist Identification Restricted Account."</subsection><subsection number="41-12a-806(2)">The account consists of money generated from the following revenue sources:<subsection number="41-12a-806(2)(a)">money received by the state under Subsection <xref depth="4" refnumber="41-1a-202(3)">41-1a-202(3)</xref>;</subsection><subsection number="41-12a-806(2)(b)">money received by the state under Section <xref depth="3" refnumber="41-1a-1218">41-1a-1218</xref>, the uninsured motorist identification fee;</subsection><subsection number="41-12a-806(2)(c)">money received by the state under Section <xref depth="3" refnumber="41-1a-1220">41-1a-1220</xref>, the registration reinstatement fee; and</subsection><subsection number="41-12a-806(2)(d)">appropriations made to the account by the Legislature.</subsection></subsection><subsection number="41-12a-806(3)"><subsection number="41-12a-806(3)(a)">The account shall earn interest.</subsection><subsection number="41-12a-806(3)(b)">All interest earned on account money shall be deposited into the account.</subsection></subsection><subsection number="41-12a-806(4)">The Legislature shall appropriate money from the account to:<subsection number="41-12a-806(4)(a)">the department to fund the contract with the designated agent;</subsection><subsection number="41-12a-806(4)(b)">the department to offset the costs to state and local law enforcement agencies of using the information for the purposes authorized under this part;</subsection><subsection number="41-12a-806(4)(c)">the State Tax Commission to: <subsection number="41-12a-806(4)(c)(i)">offset the costs to the Motor Vehicle Division for revoking and reinstating vehicle registrations under Subsection <xref depth="4" refnumber="41-1a-110(2)(a)(ii)">41-1a-110(2)(a)(ii)</xref>; and</subsection><subsection number="41-12a-806(4)(c)(ii)">cover the contract and other costs of the designated agent for address verification described in Subsection <xref depth="4" refnumber="41-1a-202(3)">41-1a-202(3)</xref>; and</subsection></subsection><subsection number="41-12a-806(4)(d)">the department to reimburse a person for the costs of towing and storing the person's vehicle if:<subsection number="41-12a-806(4)(d)(i)">the person's vehicle was impounded in accordance with Subsection <xref depth="4" refnumber="41-1a-1101(4)">41-1a-1101(4)</xref>;</subsection><subsection number="41-12a-806(4)(d)(ii)">the impounded vehicle had owner's or operator's security in effect for the vehicle at the time of the impoundment;</subsection><subsection number="41-12a-806(4)(d)(iii)">the database indicated that owner's or operator's security was not in effect for the impounded vehicle; and</subsection><subsection number="41-12a-806(4)(d)(iv)">the department determines that the person's vehicle was wrongfully impounded.</subsection></subsection></subsection><subsection number="41-12a-806(5)">The Legislature may appropriate not more than $2,000,000 annually from the account to the Peace Officer Standards and Training Division, created under Section <xref depth="3" refnumber="53-6-103">53-6-103</xref>, for use in law enforcement training, including training on the use of the Uninsured Motorist Identification Database Program created under Part 8, Uninsured Motorist Identification Database Program.</subsection><subsection number="41-12a-806(6)"><subsection number="41-12a-806(6)(a)">By following the procedures in Title 63G, Chapter 4, Administrative Procedures Act, the department shall hold a hearing to determine whether a person's vehicle was wrongfully impounded under Subsection <xref depth="4" refnumber="41-1a-1101(4)">41-1a-1101(4)</xref>.</subsection><subsection number="41-12a-806(6)(b)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing procedures for a person to apply for a reimbursement under Subsection (4)(d).</subsection><subsection number="41-12a-806(6)(c)">A person is not eligible for a reimbursement under Subsection (4)(d) unless the person applies for the reimbursement within six months from the date that the motor vehicle was impounded.</subsection></subsection></section></part></chapter>