H.B. 87

1

UNMARKED VEHICLE AMENDMENTS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: DeMar Bud Bowman
5 This act modifies the Motor Vehicle Code to amend when unmarked vehicles may be used
6 in an organized Highway Patrol operation to enforce traffic laws. The act makes technical
7 changes.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 41-1a-407, as last amended by Chapter 25, Laws of Utah 2000
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 41-1a-407 is amended to read:
13 41-1a-407. Plates issued to political subdivisions or state -- Use of "EX" letters --
14 Confidential information.
15 (1) Except as provided in Subsection (2), each municipality, board of education, school
16 district, state institution of learning, county, other governmental division, subdivision, or district,
17 and the state shall:
18 (a) place a license plate displaying the letters, "EX" on every vehicle owned and operated
19 by it or leased for its exclusive use; and
20 (b) display an identification mark designating the vehicle as the property of the entity in
21 a conspicuous place on both sides of the vehicle.
22 (2) The entity need not display the "EX" license plate or the identification mark required
23 by Subsection (1) if:
24 (a) the vehicle is in the direct service of the governor, lieutenant governor, attorney
25 general, state auditor, or state treasurer of Utah;
26 (b) the vehicle is used in official investigative work where secrecy is essential;
27 (c) the vehicle is used in an organized Utah Highway Patrol operation that is:

28 (i) approved by the Commissioner of Public Safety; and
29 [(ii) utilizing no more than one unmarked vehicle for each operation; and]
30 [(iii)] (ii) targeted toward[:] reducing traffic accidents, including:
31 (A) violations of Title 41, Chapter 6, Article 5, Driving While Intoxicated and Reckless
32 Driving;
33 (B) speeding violations for exceeding the posted speed limit [by 21 or more miles per
34 hour];
35 (C) speeding violations in a reduced speed school zone under Section 41-6-48.5 ;
36 (D) violations of Section 41-6-78 related to pedestrian crosswalks; or
37 (E) violations of Section 41-6-53.5 related to lane restrictions;
38 (d) the vehicle is provided to an official of the entity as part of a compensation package
39 allowing unlimited personal use of that vehicle; or
40 (e) the personal security of the occupants of the vehicle would be jeopardized if the "EX"
41 license plate were in place.
42 (3) Plates issued to Utah Highway Patrol vehicles may bear the capital letters "UHP," a
43 beehive logo, and the call number of the trooper to whom the vehicle [for which the plate] is
44 issued.
45 (4) The commission shall issue "EX" and "UHP" plates and shall make rules establishing
46 the procedure for application for and distribution of the plates.
47 (5) For a vehicle that qualifies for "EX" or "UHP" license plates, the entity is not required
48 to display an annual registration decal or a county designation under Section 41-1a-402 .
49 (6) (a) Information shall be confidential for vehicles that are not required to display the
50 "EX" license plate or the identification mark under Subsections (2)(a), (b), [and] (d), and (e).
51 (b) (i) If a law enforcement officer's identity must be kept secret, his agency head may
52 request in writing that the division remove the license plate information of the officer's personal
53 vehicles from all public access files and place it in a confidential file until the assignment is
54 completed.
55 (ii) The agency head shall notify the division when the assignment is completed.

Legislative Review Note
as of 12-4-01 12:56 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel