S.B. 60

1

TRAFFIC ACCIDENT EMERGENCY RESPONSE FEES
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: J. Stuart Adams
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions relating to emergency
10 response fees for motor vehicle accidents.
11 Highlighted Provisions:
12 This bill:
13 . prohibits the Department of Transportation or the Utah Highway Patrol Division, or
14 a person who contracts with the Department of Transportation or the Utah Highway
15 Patrol Division to provide emergency services, from imposing a flat fee, or
16 collecting a flat fee, from an individual involved in a motor vehicle accident;
17 . provides that the Department of Transportation or the Utah Highway Patrol
18 Division, or a person who contracts with the Department of Transportation or the
19 Utah Highway Patrol Division to provide emergency services, may only charge the
20 individual for certain costs of services provided; and
21 . requires the Department of Transportation or the Utah Highway Patrol Division or a
22 person contracting with the Department of Transportation or the Utah Highway
23 Patrol Division, to apportion the charges so that it does not receive more for
24 responding to the motor vehicle accident than the actual response cost if charges are
25 imposed on more than one individual.
26 Money Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 ENACTS:
32 41-6a-409, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 41-6a-409 is enacted to read:
36 41-6a-409. Prohibition of flat response fee for motor vehicle accident.
37 (1) The Department of Transportation or the Utah Highway Patrol Division, or a
38 person who contracts with the Department of Transportation or the Utah Highway Patrol
39 Division to provide emergency services:
40 (a) may not impose a flat fee, or collect a flat fee, from an individual involved in a
41 motor vehicle accident; and
42 (b) may only charge the individual for the actual cost of services provided in
43 responding to the motor vehicle accident, limited to:
44 (i) medical costs for:
45 (A) transporting an individual from the scene of a motor vehicle accident; or
46 (B) treatment of a person injured in a motor vehicle accident;
47 (ii) repair to damaged public property, if the individual is legally liable for the damage;
48 (iii) the cost of materials used in cleaning up the motor vehicle accident, if the
49 individual is legally liable for the motor vehicle accident; and
50 (iv) towing costs.
51 (2) If the Department of Transportation or the Utah Highway Patrol Division, or a
52 person who contracts with the Department of Transportation or the Utah Highway Patrol
53 Division to provide emergency services, imposes a charge on more than one individual for the
54 actual cost of responding to a motor vehicle accident, the Department of Transportation or the
55 Utah Highway Patrol Division or the person contracting with the Department of Transportation
56 or the Utah Highway Patrol Division shall apportion the charges so that it does not receive
57 more for responding to the motor vehicle accident than the actual response cost.

Legislative Review Note
as of 2-2-12 5:13 PM

Office of Legislative Research and General Counsel