1     
VEHICLE TOWING AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kim Coleman

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Traffic Code by amending provisions for use of a tow truck
10     motor carrier.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends rulemaking authority of the Department of Public Safety related to the use
14     of a tow truck motor carrier by a peace officer on certain unhealthy air quality days;
15     and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          41-6a-1406, as last amended by Laws of Utah 2014, Chapter 249
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 41-6a-1406 is amended to read:
27          41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification

28     requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
29          (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
30     Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace
31     officer or by an order of a person acting on behalf of a law enforcement agency or highway
32     authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
33     expense of the owner.
34          (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
35     impounded to:
36          (a) a state impound yard; or
37          (b) if none, a garage, docking area, or other place of safety.
38          (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
39     removed by a tow truck motor carrier that meets standards established:
40          (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
41          (b) by the department under Subsection (10).
42          (4) (a) Immediately after the removal of the vehicle, vessel, or outboard motor, a report
43     of the removal shall be sent to the Motor Vehicle Division by:
44          (i) the peace officer or agency by whom the peace officer is employed; and
45          (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
46     operator is employed.
47          (b) The report shall be in a form specified by the Motor Vehicle Division and shall
48     include:
49          (i) the operator's name, if known;
50          (ii) a description of the vehicle, vessel, or outboard motor;
51          (iii) the vehicle identification number or vessel or outboard motor identification
52     number;
53          (iv) the license number or other identification number issued by a state agency;
54          (v) the date, time, and place of impoundment;
55          (vi) the reason for removal or impoundment;
56          (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
57     outboard motor; and
58          (viii) the place where the vehicle, vessel, or outboard motor is stored.

59          (c) Until the tow truck operator or tow truck motor carrier reports the removal as
60     required under this Subsection (4), a tow truck motor carrier or impound yard may not:
61          (i) collect any fee associated with the removal; and
62          (ii) begin charging storage fees.
63          (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
64     Motor Vehicle Division shall give notice to the registered owner of the vehicle, vessel, or
65     outboard motor and any lien holder in the manner prescribed by Section 41-1a-114.
66          (b) The notice shall:
67          (i) state the date, time, and place of removal, the name, if applicable, of the person
68     operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
69     and the place where the vehicle, vessel, or outboard motor is stored;
70          (ii) state that the registered owner is responsible for payment of towing, impound, and
71     storage fees charged against the vehicle, vessel, or outboard motor;
72          (iii) inform the registered owner of the vehicle, vessel, or outboard motor of the
73     conditions that must be satisfied before the vehicle, vessel, or outboard motor is released; and
74          (iv) inform the registered owner and lienholder of the division's intent to sell the
75     vehicle, vessel, or outboard motor, if within 30 days from the date of the removal or
76     impoundment under this section, the owner, lien holder, or the owner's agent fails to make a
77     claim for release of the vehicle, vessel, or outboard motor.
78          (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
79     motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
80     to notify the registered owner and any lien holder of the removal and the place where the
81     vehicle, vessel, or outboard motor is stored.
82          (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
83     the vehicle, vessel, or outboard motor is stored.
84          (e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
85     if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
86     service in accordance with Subsection 72-9-603(1)(a)(i).
87          (6) (a) The vehicle, vessel, or outboard motor shall be released after the registered
88     owner, lien holder, or the owner's agent:
89          (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of

90     the State Tax Commission;
91          (ii) presents identification sufficient to prove ownership of the impounded vehicle,
92     vessel, or outboard motor;
93          (iii) completes the registration, if needed, and pays the appropriate fees;
94          (iv) if the impoundment was made under Section 41-6a-527, pays an administrative
95     impound fee of $350; and
96          (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
97     motor is stored.
98          (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
99     Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
100          (ii) $97 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be
101     deposited in the Department of Public Safety Restricted Account created in Section 53-3-106;
102          (iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
103     be deposited in the Traumatic Spinal Cord and Brain Injury Rehabilitation Fund created in
104     Section 26-54-102; and
105          (iv) the remainder of the administrative impound fee assessed under Subsection
106     (6)(a)(iv) shall be deposited in the General Fund.
107          (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
108     waived or refunded by the State Tax Commission if the registered owner, lien holder, or
109     owner's agent presents written evidence to the State Tax Commission that:
110          (i) the Driver License Division determined that the arrested person's driver license
111     should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
112     or other report from the Driver License Division presented within 30 days of the final
113     notification from the Driver License Division; or
114          (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
115     stolen vehicle report presented within 30 days of the impoundment.
116          (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
117     payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
118     or any service rendered, performed, or supplied in connection with a removal or impoundment
119     under Subsection (1).
120          (e) The owner of an impounded vehicle may not be charged a fee for the storage of the

121     impounded vehicle, vessel, or outboard motor if:
122          (i) the vehicle, vessel, or outboard motor is being held as evidence; and
123          (ii) the vehicle, vessel, or outboard motor is not being released to the registered owner,
124     lien holder, or the owner's agent even if the registered owner, lien holder, or the owner's agent
125     satisfies the requirements to release the vehicle, vessel, or outboard motor under this
126     Subsection (6).
127          (7) (a) An impounded vehicle, vessel, or outboard motor not claimed by the registered
128     owner or the owner's agent within the time prescribed by Section 41-1a-1103 shall be sold in
129     accordance with that section and the proceeds, if any, shall be disposed of as provided under
130     Section 41-1a-1104.
131          (b) The date of impoundment is considered the date of seizure for computing the time
132     period provided under Section 41-1a-1103.
133          (8) The registered owner who pays all fees and charges incurred in the impoundment of
134     the owner's vehicle, vessel, or outboard motor, has a cause of action for all the fees and
135     charges, together with damages, court costs, and attorney fees, against the operator of the
136     vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
137          (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
138     or outboard motor.
139          (10) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
140     Act, the department shall make rules setting the performance standards for towing companies
141     to be used by the department.
142          (b) The rules described in Subsection (10)(a) shall require that the closest available
143     qualified tow truck motor carrier within an applicable county provide the tow truck service on a
144     day for which the Division of Air Quality issues an air quality action alert under Section
145     19-2-107 that designates mandatory action in response to levels of air pollution that may
146     impact public health.
147          (11) (a) The Motor Vehicle Division may specify that a report required under
148     Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
149     retrieval of the information.
150          (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
151     administrator of the database may adopt a schedule of fees assessed for utilizing the database.

152          (ii) The fees under this Subsection (11)(b) shall:
153          (A) be reasonable and fair; and
154          (B) reflect the cost of administering the database.






Legislative Review Note
     as of 2-3-15 12:42 PM


Office of Legislative Research and General Counsel