H.B. 244 Enrolled

DUI PENALTIES AMENDMENT
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Perry Buckner
AN ACT RELATING TO MOTOR VEHICLES; REPEALING THE SEIZURE OF LICENSE
PLATES AND REGISTRATION FOR CERTAIN VEHICLES; REPEALING A USE OF
TEMPORARY REGISTRATION PERMITS; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-1a-211, as last amended by Chapter 223, Laws of Utah 1996
41-6-44.30, as last amended by Chapters 170 and 223, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-1a-211 is amended to read:
41-1a-211. Temporary permits -- Other laws applied.
(1) (a) The division may grant a temporary permit to operate a vehicle for which:
(i) application for registration has been made, or, in the case of a newly purchased vehicle,
will be made;
(ii) evidence of ownership is provided; and
(iii) the proper fees have been paid.
(b) The temporary permit allows the vehicle to be operated pending complete registration
by displaying:
(i) the temporary permit; or
(ii) other evidence of the application under rules made by the commission.
[(2) (a) The division shall grant a temporary permit effective for only 29 days for a vehicle
that had its license plates and registration materials seized under Section 41-6-44.30 .]
[(b) The division may require a person to pay the administrative impound fee under
Section 41-6-44.30 , but may not charge an additional fee for a temporary permit issued under this
subsection.]
[(3)] (2) If a vehicle is operated on a temporary permit issued under this section or Section

41-3-302 , that vehicle is subject to all other statutes, rules, and regulations intended to control the
use and operation of vehicles on the highways.
Section 2. Section 41-6-44.30 is amended to read:
41-6-44.30. Seizure and impoundment of vehicles by peace officers -- Impound
requirements -- Removal of vehicle by owner.
(1) (a) If a peace officer arrests or cites the operator of a vehicle for violating Section
41-6-44 or 41-6-44.10 , or a local ordinance similar to Section 41-6-44 which complies with
Subsection 41-6-43 (1), the officer shall[: (i)] seize and impound the vehicle, except as provided
under Subsection (2)[; and].
[(ii) remove and seize or cause to be removed or seized, the vehicle's license plates and
registration materials if the operator is a registered owner of the vehicle.]
(b) A vehicle seized and impounded under this section shall be moved by a peace officer or
by a tow truck that meets the standards established:
(i) by the department under Subsection 41-6-102 (4)(b); and
(ii) under Title 27, Chapter 17, Motor Carrier Safety Act.
(2) If [the operator is not a registered owner of the vehicle, and if] a registered owner of the
vehicle, other than the operator, is present at the time of arrest, the officer may release the vehicle
to that registered owner, but only if the registered owner:
(a) requests to remove the vehicle from the scene;
(b) presents to the officer a valid operator's license and sufficient identification to prove
ownership of the vehicle;
(c) complies with all restrictions of his operator's license; and
(d) would not, in the judgment of the officer, be in violation of Section 41-6-44 or
41-6-44.10 , or a local ordinance similar to Section 41-6-44 which complies with Subsection 41-6-43
(1), if permitted to operate the vehicle, and if the vehicle itself is legally operable.
(3) (a) The peace officer or agency by whom the officer is employed shall, within 24 hours
after the seizure, notify, in writing, the Motor Vehicle Division of the seizure and impoundment [and
within five days forward any license plates and registration materials seized to the Motor Vehicle

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Division].
(b) The notice shall state:
(i) the operator's name;
(ii) a description of the vehicle;
(iii) its identification number, if any;
(iv) its license number;
[(v) the license plates and registration materials that were seized, if any;]
[(vi)] (v) the date, time, and place of impoundment;
[(vii)] (vi) the reason for impoundment; and
[(viii)] (vii) the name of the garage or place where the vehicle is stored.
(4) Upon receipt of notice, the Motor Vehicle Division shall[: (a) revoke the registration for
the vehicle and not allow that vehicle to be registered with the operator as a registered owner until
allowed under this section; and (b)] give notice to the registered owner of the vehicle in the manner
prescribed by Section 41-1a-114 . The notice shall:
[(i)] (a) state the date, time, and place of impoundment, the name of the person operating the
vehicle at the time of seizure, if applicable, the reason for seizure and impoundment, and the name
of the garage or place where the vehicle is stored;
[(ii)] (b) state that the registered owner is responsible for payment of towing, impound, and
storage fees charged against the vehicle; and
[(iii)] (c) inform the registered owner of the vehicle of the conditions under Subsection (5)
that must be satisfied before the vehicle is released[; and].
[(iv) state if the license plates and registration materials were seized:]
[(A) how to get a temporary registration effective for only 29 days;]
[(B) basic information regarding how to obtain a prompt hearing before the Driver License
Division regarding the person's driver license suspension; and]
[(C) that an order from that hearing will also apply to the vehicle's registration revocation.]
(5) (a) The impounded vehicle shall be released after the registered owner or the owner's
agent:

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(i) makes a claim in person for release of the vehicle at any office of the State Tax
Commission;
(ii) pays an administrative impound fee of $100;
(iii) presents identification sufficient to prove ownership of the impounded vehicle; and
(iv) pays all towing and storage fees to the impound lot where the vehicle is stored.
(b) [$25] Twenty-five dollars of the impound fees assessed under this subsection are
dedicated credits to the Motor Vehicle Division and the remainder shall be deposited in the General
Fund.
[(6) (a) A registration for the vehicle may not be issued to the person for 120 days from the
date of the revocation and until the person applies to the Motor Vehicle Division for a new
registration in compliance with the requirements under Title 41, Chapter 1a, Part 2, Registration,
including obtaining the inspections and paying the fees required for a new registration.]
[(b) If the person successfully appeals the suspension of the driver's license under Section
53-3-223 or 53-3-224 , then the person shall receive a new registration that shall expire on the same
date as the registration that was revoked for no additional fees.]
[(7)] (6) An impounded vehicle not claimed by the registered owner or the owner's agent
within the time prescribed by Section 41-1a-1103 shall be sold in accordance with that section and
the proceeds, if any, disposed of under Section 41-1a-1103 . The date of impoundment is considered
the date of seizure for computing the time period provided in Section 41-1a-1103 .
[(8)] (7) The registered owner of the vehicle upon the payment of all fees and charges
incurred in the seizure and impoundment of the owner's vehicle has a cause of action for all the fees
and charges, together with damages, court costs, and attorney fees, against the operator of the vehicle
whose actions caused the impoundment.
[(9)] (8) Liability may not be imposed upon any peace officer, the state, or any of its political
subdivisions on account of the enforcement of this section.

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