Title 41 Chapter 12a Part 3 Section 302

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Index	Utah Code
Title 41	Motor Vehicles
Chapter 12a	Financial Responsibility of Motor Vehicle Owners and Operators Act
Part 3	Owner's or Operator's Security Requirement
Section 302	Operating motor vehicle without owner's or operator's security -- Penalty. *(Effective 5/6/2026)*

Effective 5/6/2026
41-12a-302. Operating motor vehicle without owner's or operator's security -- Penalty.

(1)

As used in this section:

(a)

"Evidence of owner's or operator's security" means the following information regarding a motor vehicle:

(i)

a copy of an operator's valid:

(A)	insurance policy;

(B)	insurance policy declaration page;

(C)	binder notice;

(D)	renewal notice; or

(E)	card issued by an insurance company as evidence of insurance;

(ii)	a certificate of insurance issued under Section 41-12a-402;

(iii)

a certified copy of a surety bond issued under Section 41-12a-405;

(iv)	a certificate of the state treasurer issued under Section 41-12a-406;

(v)	a certificate of self-funded coverage issued under Section 41-12a-407;

(vi)	if the motor vehicle is owned by a rental company, the rental vehicle's rental agreement; or

(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.

(b)	"Rental agreement" means the same as that term is defined in Section 31A-22-311.

(c)	"Rental company" means the same as that term is defined in Section 31A-22-311.

(2)

An actor commits operating a motor vehicle without owner's or operator's security if the actor:

(a)

(i)	is the owner of a motor vehicle for which owner's or operator's security is required under Section 41-12a-301; and

(ii)

(A)	operates the vehicle on a highway in Utah without owner's or operator's security being in effect; or

(B)	permits the vehicle to be operated on a highway in Utah without owner's or operator's security being in effect;

(b)

(i)	operates a motor vehicle for which owner's or operator's security is required under Section 41-12a-301 upon a highway in Utah; and

(ii)	knows that the owner of the motor vehicle does not have owner's or operator's security in effect; or

(c)

(i)	operates a motor vehicle for which owner's or operator's security is required under Section 41-12a-301 upon a highway in Utah;

(ii)	does not have evidence of owner's or operator's security in the actor's immediate possession for the motor vehicle; and

(iii)

fails to display evidence of owner's or operator's security upon demand of a peace officer.

(3)	A violation of Subsection (2) is a class C misdemeanor.

(4)

(a)

(i)	Except as provided in Subsection (4)(b), for a conviction under this section, a court shall order a fine of not less than $400.

(ii)	A court may waive up to $300 of the fine charged to the owner of a motor vehicle under Subsection (4)(a)(i) if, before sentencing, the owner demonstrates that owner's or operator's security required under Section 41-12a-301 was obtained after the violation.

(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.

(5)	An actor does not violate Subsection (2)(b) 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.

(6)

(a)	It is an affirmative defense to a charge or in an administrative action for a violation of Subsection (2)(c) 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.

(b)

Subsection (2)(c) does not apply to an individual operating:

(i)	a government-owned or government-leased motor vehicle; or

(ii)	an employer-owned or employer-leased motor vehicle and is driving the motor vehicle with the employer's permission.

(c)

(i)

An actor may provide to a peace officer evidence of owner's or operator's security as described in Subsection (2)(c) in:

(A)	a hard copy format; or

(B)	an electronic format using a mobile electronic device.

(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 (6)(c)(i)(B), 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.

(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.

(d)	Information from the Uninsured Motorist Identification Database Program described under Subsection (1)(a)(vii) supersedes any evidence of owner's or operator's security described under Subsection (1)(a)(i)(D) or (E).

(e)

A peace officer may not cite or arrest an actor for a violation of Subsection (2)(c) 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.

(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 41-12a-804:

(i)	evidence of owner's or operator's security;

(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

(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.

(b)	A court considering a citation for a violation of Subsection (2)(c) shall allow the evidence or a written statement under Subsection (7)(a) and a copy of the citation to be electronically submitted or mailed to the clerk of the court to satisfy Subsection (6)(a).

(c)	The notice under Section 41-12a-804 shall specify that the written statement under Subsection (7)(a) 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 41-12a-804.

(8)

(a)

Upon receiving notification from a court of a conviction for a violation of this section, the department:

(i)	shall suspend the actor's driver license; and

(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.

(b)

The proof of owner's or operator's security described in Subsection (8)(a)(ii) shall:

(i)	be given by any of the ways required under Section 41-12a-401; and

(ii)	be maintained with the department for a three-year period.

(c)	An insurer that provides a certificate of insurance as provided under Section 41-12a-402 or 41-12a-403 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 41-12a-404.

(d)

The department shall:

(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

(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.

(9)	A card issued by an insurance company as evidence of owner's or operator's security under Subsection (1)(a)(i)(E) may not display the owner's or operator's address on the card.

Amended by Chapter 382, 2026 General Session

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