S.B. 19 Enrolled

VEHICLE HISTORY INFORMATION
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Dan R. Eastman
This act modifies the Motor Vehicles Code by allowing the Department of Public Safety
to disclose vehicle accident history information, excluding personal identifying
information, in bulk electronic form. This act allows the department to establish a fee for
bulk vehicle accident history requests.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-6-40, as last amended by Chapter 85, Laws of Utah 2001
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-40 is amended to read:
41-6-40. Accident reports -- When confidential -- Insurance policy information --
Use as evidence -- Penalty for false information.
(1) As used in this section, "agent" means a person's:
(a) attorney;
(b) insurer; or
(c) any other individual or entity with signed permission from the person to receive the
person's accident report.
(2) Except as provided in Subsection (3), all accident reports required in this article to
be filed with the department:
(a) are without prejudice to the reporting individual;
(b) are protected and for the confidential use of the department or other state, local, or
federal agencies having use for the records for official governmental statistical, investigative,
and accident prevention purposes; and
(c) may be disclosed only in a statistical form that protects the privacy of any person
involved in the accident.
(3) (a) The department shall disclose an accident report and its accompanying data to:

(i) a person involved in the accident, excluding a witness to the accident;
(ii) a person suffering loss or injury in the accident;
(iii) an agent, parent, or legal guardian of a person described in Subsections (3)(a)(i) and
(ii);
(iv) a member of the press or broadcast news media;
(v) a state, local, or federal agency that uses the records for official governmental,
investigative, or accident prevention purposes;
(vi) law enforcement personnel when acting in their official governmental capacity; and
(vii) a licensed private investigator.
(b) In accordance with Subsection (3)(a), the department shall disclose whether any
person or vehicle involved in an accident reported under this section was covered by a vehicle
insurance policy, and the name of the insurer.
(c) Information provided to a member of the press or broadcast news media under
Subsection (3)(a)(iv) may only include:
(i) the name, age, sex, and city of residence of each person involved in the accident;
(ii) the make and model year of each vehicle involved in the accident;
(iii) whether or not each person involved in the accident was covered by a vehicle
insurance policy;
(iv) the location of the accident; and
(v) a description of the accident that excludes personal identifying information not listed
in Subsection (3)(c)(i).
(d) The department shall disclose to any requesting person the following vehicle accident
history information, excluding personal identifying information, in bulk electronic form:
(i) any vehicle identifying information that is electronically available, including the
make, model year, and vehicle identification number of each vehicle involved in an accident;
(ii) the date of the accident; and
(iii) any electronically available data which describes the accident, including a
description of any physical damage to the vehicle.

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(e) The department may establish a fee under Section 63-38-3.2 based on the fair market
value of the information for providing bulk vehicle accident history information under
Subsection (3)(d).
(4) (a) Except as provided in Subsection (4)(b), accident reports filed under this section
may not be used as evidence in any civil or criminal trial arising out of an accident.
(b) Upon demand of any party to the trial or upon demand of any court, the department
shall furnish a certificate showing that a specified accident report has or has not been made to the
department in compliance with law. If the report has been made, the certificate furnished by the
department shall show the date, time, and location of the accident, the names and addresses of
the drivers, the owners of the vehicles involved, and the investigating officers. The reports may
be used as evidence when necessary to prosecute charges filed in connection with a violation of
Subsection (5).
(5) A person who gives information in reports as required in this chapter knowing or
having reason to believe that the information is false is guilty of a class A misdemeanor.

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