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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the towing and impounding of vehicles.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires submission of a certain form to the Division of Motor Vehicles and
14 notification of the owner of a vehicle if the vehicle is removed;
15 ▸ amends provisions related to the sale or transfer of a vehicle, vessel, or outboard
16 motor that has been impounded that has not been claimed or recovered by the owner
17 or lienholder;
18 ▸ grants rulemaking authority to prescribe the format and contents of the form to be
19 submitted to the Division of Motor Vehicles;
20 ▸ allows a tow truck motor carrier to charge an after-hour fee if an owner requests
21 release of a vehicle after normal business hours;
22 ▸ prohibits a tow truck motor carrier or tow truck operator from sharing personal
23 information of or referring other services to a person for whom the tow truck motor
24 carrier or tow truck operator has performed a tow service; and
25 ▸ makes technical changes.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 This bill provides a special effective date.
30 Utah Code Sections Affected:
31 AMENDS:
32 41-1a-102, as last amended by Laws of Utah 2019, Chapters 373, 428, 459, and 479
33 41-1a-1103, as last amended by Laws of Utah 2014, Chapter 382
34 41-1a-1104, as last amended by Laws of Utah 2005, Chapter 56
35 41-6a-102, as last amended by Laws of Utah 2020, Chapters 84 and 354
36 41-6a-1406, as last amended by Laws of Utah 2019, Chapter 373
37 53-3-106, as last amended by Laws of Utah 2018, Chapter 417
38 63I-1-241, as last amended by Laws of Utah 2020, Chapters 84 and 154
39 72-9-603, as last amended by Laws of Utah 2020, Chapter 45
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 41-1a-102 is amended to read:
43 41-1a-102. Definitions.
44 As used in this chapter:
45 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
46 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
47 vehicles as operated and certified to by a weighmaster.
48 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
49 41-22-2.
50 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
51 41-22-2.
52 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
53 41-22-2.
54 (6) "Alternative fuel vehicle" means:
55 (a) an electric motor vehicle;
56 (b) a hybrid electric motor vehicle;
57 (c) a plug-in hybrid electric motor vehicle; or
58 (d) a motor vehicle powered exclusively by a fuel other than:
59 (i) motor fuel;
60 (ii) diesel fuel;
61 (iii) natural gas; or
62 (iv) propane.
63 (7) "Amateur radio operator" means a person licensed by the Federal Communications
64 Commission to engage in private and experimental two-way radio operation on the amateur
65 band radio frequencies.
66 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
67 (9) "Automated driving system" means the same as that term is defined in Section
68 41-26-102.1.
69 (10) "Branded title" means a title certificate that is labeled:
70 (a) rebuilt and restored to operation;
71 (b) flooded and restored to operation; or
72 (c) not restored to operation.
73 (11) "Camper" means a structure designed, used, and maintained primarily to be
74 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
75 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
76 camping.
77 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
78 record of ownership between an identified owner and the described vehicle, vessel, or outboard
79 motor.
80 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
81 weighmaster.
82 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
83 maintained for the transportation of persons or property that operates:
84 (a) as a carrier for hire, compensation, or profit; or
85 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
86 owner's commercial enterprise.
87 (15) "Commission" means the State Tax Commission.
88 (16) "Consumer price index" means the same as that term is defined in Section
89 59-13-102.
90 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
91 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
92 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
93 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
94 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
95 (19) "Division" means the Motor Vehicle Division of the commission, created in
96 Section 41-1a-106.
97 (20) "Dynamic driving task" means the same as that term is defined in Section
98 41-26-102.1.
99 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
100 electric motor drawing current from a rechargeable energy storage system.
101 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
102 to be registered in this state, the removal, alteration, or substitution of which would tend to
103 conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
104 or mode of operation.
105 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
106 implement for drawing plows, mowing machines, and other implements of husbandry.
107 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
108 the owner's or operator's own use in the transportation of:
109 (i) farm products, including livestock and its products, poultry and its products,
110 floricultural and horticultural products;
111 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
112 agricultural, floricultural, horticultural, livestock, and poultry production; and
113 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
114 other purposes connected with the operation of a farm.
115 (b) "Farm truck" does not include the operation of trucks by commercial processors of
116 agricultural products.
117 (25) "Fleet" means one or more commercial vehicles.
118 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
119 this state from another state, territory, or country other than in the ordinary course of business
120 by or through a manufacturer or dealer, and not registered in this state.
121 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
122 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
123 (28) "Highway" or "street" means the entire width between property lines of every way
124 or place of whatever nature when any part of it is open to the public, as a matter of right, for
125 purposes of vehicular traffic.
126 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
127 energy from onboard sources of stored energy that are both:
128 (a) an internal combustion engine or heat engine using consumable fuel; and
129 (b) a rechargeable energy storage system where energy for the storage system comes
130 solely from sources onboard the vehicle.
131 (30) (a) "Identification number" means the identifying number assigned by the
132 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
133 motor.
134 (b) "Identification number" includes a vehicle identification number, state assigned
135 identification number, hull identification number, and motor serial number.
136 (31) "Implement of husbandry" means a vehicle designed or adapted and used
137 exclusively for an agricultural operation and only incidentally operated or moved upon the
138 highways.
139 (32) (a) "In-state miles" means the total number of miles operated in this state during
140 the preceding year by fleet power units.
141 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
142 total number of miles that those vehicles were towed on Utah highways during the preceding
143 year.
144 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
145 province, territory, or possession of the United States or foreign country.
146 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
147 possession of the United States or any foreign country.
148 (35) "Lienholder" means a person with a security interest in particular property.
149 (36) "Manufactured home" means a transportable factory built housing unit constructed
150 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
151 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
152 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
153 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
154 with or without a permanent foundation when connected to the required utilities, and includes
155 the plumbing, heating, air-conditioning, and electrical systems.
156 (37) "Manufacturer" means a person engaged in the business of constructing,
157 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
158 outboard motors for the purpose of sale or trade.
159 (38) "Mobile home" means a transportable factory built housing unit built prior to June
160 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
161 Manufactured Housing and Safety Standards Act (HUD Code).
162 (39) "Motor fuel" means the same as that term is defined in Section 59-13-102.
163 (40) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
164 operation on the highways.
165 (b) "Motor vehicle" does not include:
166 (i) an off-highway vehicle; or
167 (ii) a motor assisted scooter as defined in Section 41-6a-102.
168 (41) "Motorboat" means the same as that term is defined in Section 73-18-2.
169 (42) "Motorcycle" means:
170 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
171 more than three wheels in contact with the ground; or
172 (b) an autocycle.
173 (43) "Natural gas" means a fuel of which the primary constituent is methane.
174 (44) (a) "Nonresident" means a person who is not a resident of this state as defined by
175 Section 41-1a-202, and who does not engage in intrastate business within this state and does
176 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
177 (b) A person who engages in intrastate business within this state and operates in that
178 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
179 interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
180 considered a resident of this state, insofar as that vehicle is concerned in administering this
181 chapter.
182 (45) "Odometer" means a device for measuring and recording the actual distance a
183 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
184 periodically reset.
185 (46) "Off-highway implement of husbandry" means the same as that term is defined in
186 Section 41-22-2.
187 (47) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
188 (48) (a) "Operate" means:
189 (i) to navigate a vessel; or
190 (ii) collectively, the activities performed in order to perform the entire dynamic driving
191 task for a given motor vehicle by:
192 (A) a human driver as defined in Section 41-26-102.1; or
193 (B) an engaged automated driving system.
194 (b) "Operate" includes testing of an automated driving system.
195 (49) "Outboard motor" means a detachable self-contained propulsion unit, excluding
196 fuel supply, used to propel a vessel.
197 (50) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
198 vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
199 security interest.
200 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
201 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
202 stated in the agreement and with an immediate right of possession vested in the conditional
203 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
204 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
205 chapter.
206 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
207 owner until the lessee exercises the lessee's option to purchase the vehicle.
208 (51) "Park model recreational vehicle" means a unit that:
209 (a) is designed and marketed as temporary living quarters for recreational, camping,
210 travel, or seasonal use;
211 (b) is not permanently affixed to real property for use as a permanent dwelling;
212 (c) requires a special highway movement permit for transit; and
213 (d) is built on a single chassis mounted on wheels with a gross trailer area not
214 exceeding 400 square feet in the setup mode.
215 (52) "Personalized license plate" means a license plate that has displayed on it a
216 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
217 to the vehicle by the division.
218 (53) (a) "Pickup truck" means a two-axle motor vehicle with motive power
219 manufactured, remanufactured, or materially altered to provide an open cargo area.
220 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
221 camper, camper shell, tarp, removable top, or similar structure.
222 (54) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that
223 has the capability to charge the battery or batteries used for vehicle propulsion from an
224 off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle
225 while the vehicle is in motion.
226 (55) "Pneumatic tire" means a tire in which compressed air is designed to support the
227 load.
228 (56) "Preceding year" means a period of 12 consecutive months fixed by the division
229 that is within 16 months immediately preceding the commencement of the registration or
230 license year in which proportional registration is sought. The division in fixing the period shall
231 conform it to the terms, conditions, and requirements of any applicable agreement or
232 arrangement for the proportional registration of vehicles.
233 (57) "Public garage" means a building or other place where vehicles or vessels are kept
234 and stored and where a charge is made for the storage and keeping of vehicles and vessels.
235 (58) "Receipt of surrender of ownership documents" means the receipt of surrender of
236 ownership documents described in Section 41-1a-503.
237 (59) "Reconstructed vehicle" means a vehicle of a type required to be registered in this
238 state that is materially altered from its original construction by the removal, addition, or
239 substitution of essential parts, new or used.
240 (60) "Recreational vehicle" means the same as that term is defined in Section
241 13-14-102.
242 (61) "Registration" means a document issued by a jurisdiction that allows operation of
243 a vehicle or vessel on the highways or waters of this state for the time period for which the
244 registration is valid and that is evidence of compliance with the registration requirements of the
245 jurisdiction.
246 (62) (a) "Registration year" means a 12 consecutive month period commencing with
247 the completion of the applicable registration criteria.
248 (b) For administration of a multistate agreement for proportional registration the
249 division may prescribe a different 12-month period.
250 (63) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
251 motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
252 or outboard motor, or by correcting the inoperative part.
253 (64) "Replica vehicle" means:
254 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
255 (b) a custom vehicle that meets the requirements under Subsection
256 41-6a-1507(1)(a)(i)(B).
257 (65) "Road tractor" means a motor vehicle designed and used for drawing other
258 vehicles and constructed so it does not carry any load either independently or any part of the
259 weight of a vehicle or load that is drawn.
260 (66) "Sailboat" means the same as that term is defined in Section 73-18-2.
261 (67) "Security interest" means an interest that is reserved or created by a security
262 agreement to secure the payment or performance of an obligation and that is valid against third
263 parties.
264 (68) "Semitrailer" means a vehicle without motive power designed for carrying persons
265 or property and for being drawn by a motor vehicle and constructed so that some part of its
266 weight and its load rests or is carried by another vehicle.
267 (69) "Special group license plate" means a type of license plate designed for a
268 particular group of people or a license plate authorized and issued by the division in accordance
269 with Section 41-1a-418.
270 (70) (a) "Special interest vehicle" means a vehicle used for general transportation
271 purposes and that is:
272 (i) 20 years or older from the current year; or
273 (ii) a make or model of motor vehicle recognized by the division director as having
274 unique interest or historic value.
275 (b) In making a determination under Subsection (70)(a), the division director shall give
276 special consideration to:
277 (i) a make of motor vehicle that is no longer manufactured;
278 (ii) a make or model of motor vehicle produced in limited or token quantities;
279 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
280 designed exclusively for educational purposes or museum display; or
281 (iv) a motor vehicle of any age or make that has not been substantially altered or
282 modified from original specifications of the manufacturer and because of its significance is
283 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
284 leisure pursuit.
285 (71) (a) "Special mobile equipment" means a vehicle:
286 (i) not designed or used primarily for the transportation of persons or property;
287 (ii) not designed to operate in traffic; and
288 (iii) only incidentally operated or moved over the highways.
289 (b) "Special mobile equipment" includes:
290 (i) farm tractors;
291 (ii) off-road motorized construction or maintenance equipment including backhoes,
292 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
293 (iii) ditch-digging apparatus.
294 (c) "Special mobile equipment" does not include a commercial vehicle as defined
295 under Section 72-9-102.
296 (72) "Specially constructed vehicle" means a vehicle of a type required to be registered
297 in this state, not originally constructed under a distinctive name, make, model, or type by a
298 generally recognized manufacturer of vehicles, and not materially altered from its original
299 construction.
300 (73) "State impound yard" means a yard for the storage of a vehicle, vessel, or outboard
301 motor that meets the requirements of rules made by the commission pursuant to Subsection
302 41-1a-1101(5).
303 (74) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
304 (75) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions
305 during the preceding year by power units.
306 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
307 the number of miles that those vehicles were towed on the highways of all jurisdictions during
308 the preceding year.
309 (76) "Tow truck motor carrier" means the same as that term is defined in Section
310 72-9-102.
311 (77) "Tow truck operator" means the same as that term is defined in Section 72-9-102.
312 [
313 persons or property and for being drawn by a motor vehicle and constructed so that no part of
314 its weight rests upon the towing vehicle.
315 [
316 conveyed by sale, gift, or any other means except by the creation of a security interest.
317 [
318 property by sale, gift, or any other means except by creation of a security interest.
319 [
320 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
321 vacation use that does not require a special highway movement permit when drawn by a
322 self-propelled motor vehicle.
323 [
324 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
325 vehicle and load that is drawn.
326 [
327 camper, park model recreational vehicle, manufactured home, and mobile home.
328 [
329 [
330 41-21-1.
331 [
332 73-18-2.
333 [
334 permitted to weigh vehicles under this chapter.
335 Section 2. Section 41-1a-1103 is amended to read:
336 41-1a-1103. Sale.
337 (1) (a) To determine the model year of a vehicle, vessel, or outboard motor as
338 described in this section, the division shall use the model year assigned to a vehicle, vessel, or
339 outboard motor based on:
340 (i) the vehicle identification number assigned by the division; or
341 (ii) if the division has not assigned a vehicle identification number, the vehicle
342 identification number assigned by the manufacturer.
343 (b) To determine the age of a vehicle, vessel, or outboard motor as described in this
344 section, the division shall use the date of the impoundment of the vehicle, vessel, or outboard
345 motor.
346 (2) (a) [
347 or older, if the owner or lienholder of a seized vehicle, vessel, or outboard motor does not
348 recover the vehicle, vessel, or outboard motor within 30 days from the date of [
349 original notice described in Section 41-6a-1406, or if the division is unable to determine the
350 owner or lienholder through reasonable efforts, the division shall [
351 sale for the vehicle, vessel, or outboard motor to the tow truck motor carrier in possession of
352 the vehicle, vessel, or outboard motor upon request by the tow truck motor carrier.
353 (i) For a vehicle, vessel, or outboard motor with a model year of eight years old or
354 older, if the owner or lienholder of a vehicle, vessel, or outboard motor seized under Section
355 41-1a-1101 and subsequently released by the division fails to take possession of the vehicle,
356 vessel, or outboard motor and satisfy the amount due to the place of storage within 30 days
357 from the date of release, the division shall, 30 days from the date of the original notice
358 described in Section 41-6a-1406, issue a certificate of sale for the vehicle, vessel, or outboard
359 motor to the tow truck motor carrier in possession of the vehicle, vessel, or outboard motor
360 upon request by the tow truck motor carrier, in accordance with this section.
361 (ii) For a vehicle, vessel, or outboard motor with a model year of eight years old or
362 older, if the owner or lienholder of a vehicle, vessel, or outboard motor seized under Section
363 41-1a-1101 and subsequently released by the division fails to take possession of the vehicle,
364 vessel, or outboard motor and satisfy the amount due to the place of storage within 20 days
365 from the original notice described in Section 41-6a-1406, the tow truck motor carrier shall
366 notify the division, and the division shall renotify the owner or lienholder.
367 (3) For a vehicle, vessel, or outboard motor with a model year seven years old or
368 newer, if the owner or lienholder of a seized vehicle, vessel, or outboard motor does not
369 recover the vehicle, vessel, or outboard motor within 60 days from the date of the original
370 notice described in Section 41-6a-1406, or if the division is unable to determine the owner or
371 lienholder through reasonable efforts, the division shall sell the vehicle, vessel, or outboard
372 motor as described in Subsection (4).
373 [
374 shall:
375 (a) be held in the form of a public auction at the place of storage; and
376 (b) at the discretion of the division, be conducted by:
377 (i) an authorized representative of the division; or
378 (ii) a public garage, impound lot, or impound yard that:
379 (A) is authorized by the division;
380 (B) meets the standards under Subsection 41-1a-1101(5); and
381 (C) complies with the requirements of Section 72-9-603.
382 [
383 division shall publish a notice of sale setting forth the date, time, and place of sale and a
384 description of the vehicle, vessel, or outboard motor to be sold:
385 (a) on the division's website; and
386 (b) as required in Section 45-1-101.
387 [
388 authorized to conduct the sale shall tender to the highest bidder a certificate of sale conveying
389 all rights, title, and interest in the vehicle, vessel, or outboard motor.
390 [
391
392 [
393
394
395
396
397
398 (8) For a vehicle, vessel, or outboard motor with a model year seven years old or
399 newer, if the owner or lienholder of a vehicle, vessel, or outboard motor seized under Section
400 41-1a-1101 and subsequently released by the division fails to take possession of the vehicle,
401 vessel, or outboard motor and satisfy the amount due to the place of storage within 60 days
402 from the date of release, the division shall, 60 days from the date of the original notice
403 described in Section 41-6a-1406, sell the vehicle, vessel, or outboard motor as described in
404 Subsection (4).
405 (9) For a vehicle, vessel, or outboard motor with a model year of seven years old or
406 newer, if the owner or lienholder of a vehicle, vessel, or outboard motor seized under Section
407 41-1a-1101 and subsequently released by the division fails to take possession of the vehicle,
408 vessel, or outboard motor within 45 days of the original notice described in Section
409 41-6a-1406, the tow truck motor carrier shall notify the division, and the division shall renotify
410 the owner or lienholder.
411 Section 3. Section 41-1a-1104 is amended to read:
412 41-1a-1104. Disposition of proceeds from sale.
413 (1) If, for purposes of this part and Section 41-1a-1301, the ownership of a vehicle,
414 vessel, or outboard motor seized cannot be determined, the excess of the proceeds of any sale
415 described in Subsection 41-1a-1103(4), over the fees for registration or transfer and penalties
416 and costs, shall be deposited with the state treasurer in a suspense account.
417 (2) (a) If the owner or the owner's heirs or assigns file a claim for the excess of the
418 proceeds within one year of date of sale of the vehicle, vessel, or outboard motor, the excess of
419 the proceeds shall be refunded to the claimant.
420 (b) If a claim is not filed in accordance with Subsection (2)(a), then the money shall be
421 deposited in the General Fund.
422 Section 4. Section 41-6a-102 is amended to read:
423 41-6a-102. Definitions.
424 As used in this chapter:
425 (1) "Alley" means a street or highway intended to provide access to the rear or side of
426 lots or buildings in urban districts and not intended for through vehicular traffic.
427 (2) "All-terrain type I vehicle" means the same as that term is defined in Section
428 41-22-2.
429 (3) "Authorized emergency vehicle" includes:
430 (a) fire department vehicles;
431 (b) police vehicles;
432 (c) ambulances; and
433 (d) other publicly or privately owned vehicles as designated by the commissioner of the
434 Department of Public Safety.
435 (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
436 (5) (a) "Bicycle" means a wheeled vehicle:
437 (i) propelled by human power by feet or hands acting upon pedals or cranks;
438 (ii) with a seat or saddle designed for the use of the operator;
439 (iii) designed to be operated on the ground; and
440 (iv) whose wheels are not less than 14 inches in diameter.
441 (b) "Bicycle" includes an electric assisted bicycle.
442 (c) "Bicycle" does not include scooters and similar devices.
443 (6) (a) "Bus" means a motor vehicle:
444 (i) designed for carrying more than 15 passengers and used for the transportation of
445 persons; or
446 (ii) designed and used for the transportation of persons for compensation.
447 (b) "Bus" does not include a taxicab.
448 (7) (a) "Circular intersection" means an intersection that has an island, generally
449 circular in design, located in the center of the intersection where traffic passes to the right of
450 the island.
451 (b) "Circular intersection" includes:
452 (i) roundabouts;
453 (ii) rotaries; and
454 (iii) traffic circles.
455 (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
456 Subsection (17)(d)(i).
457 (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
458 Subsection (17)(d)(ii).
459 (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
460 Subsection (17)(d)(iii).
461 (11) "Commissioner" means the commissioner of the Department of Public Safety.
462 (12) "Controlled-access highway" means a highway, street, or roadway:
463 (a) designed primarily for through traffic; and
464 (b) to or from which owners or occupants of abutting lands and other persons have no
465 legal right of access, except at points as determined by the highway authority having
466 jurisdiction over the highway, street, or roadway.
467 (13) "Crosswalk" means:
468 (a) that part of a roadway at an intersection included within the connections of the
469 lateral lines of the sidewalks on opposite sides of the highway measured from:
470 (i) (A) the curbs; or
471 (B) in the absence of curbs, from the edges of the traversable roadway; and
472 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
473 included within the extension of the lateral lines of the existing sidewalk at right angles to the
474 centerline; or
475 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
476 pedestrian crossing by lines or other markings on the surface.
477 (14) "Department" means the Department of Public Safety.
478 (15) "Direct supervision" means oversight at a distance within which:
479 (a) visual contact is maintained; and
480 (b) advice and assistance can be given and received.
481 (16) "Divided highway" means a highway divided into two or more roadways by:
482 (a) an unpaved intervening space;
483 (b) a physical barrier; or
484 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
485 (17) "Electric assisted bicycle" means a bicycle with an electric motor that:
486 (a) has a power output of not more than 750 watts;
487 (b) has fully operable pedals on permanently affixed cranks;
488 (c) is fully operable as a bicycle without the use of the electric motor; and
489 (d) is one of the following:
490 (i) an electric assisted bicycle equipped with a motor or electronics that:
491 (A) provides assistance only when the rider is pedaling; and
492 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
493 hour;
494 (ii) an electric assisted bicycle equipped with a motor or electronics that:
495 (A) may be used exclusively to propel the bicycle; and
496 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
497 miles per hour; or
498 (iii) an electric assisted bicycle equipped with a motor or electronics that:
499 (A) provides assistance only when the rider is pedaling;
500 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
501 hour; and
502 (C) is equipped with a speedometer.
503 (18) (a) "Electric personal assistive mobility device" means a self-balancing device
504 with:
505 (i) two nontandem wheels in contact with the ground;
506 (ii) a system capable of steering and stopping the unit under typical operating
507 conditions;
508 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
509 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
510 (v) a deck design for a person to stand while operating the device.
511 (b) "Electric personal assistive mobility device" does not include a wheelchair.
512 (19) "Explosives" means a chemical compound or mechanical mixture commonly used
513 or intended for the purpose of producing an explosion and that contains any oxidizing and
514 combustive units or other ingredients in proportions, quantities, or packing so that an ignition
515 by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
516 may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
517 capable of producing destructive effects on contiguous objects or of causing death or serious
518 bodily injury.
519 (20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
520 implement, for drawing plows, mowing machines, and other implements of husbandry.
521 (21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
522 as determined by a [
523 (22) "Freeway" means a controlled-access highway that is part of the interstate system
524 as defined in Section 72-1-102.
525 (23) (a) "Golf cart" means a device that:
526 (i) is designed for transportation by players on a golf course;
527 (ii) has not less than three wheels in contact with the ground;
528 (iii) has an unladen weight of less than 1,800 pounds;
529 (iv) is designed to operate at low speeds; and
530 (v) is designed to carry not more than six persons including the driver.
531 (b) "Golf cart" does not include:
532 (i) a low-speed vehicle or an off-highway vehicle;
533 (ii) a motorized wheelchair;
534 (iii) an electric personal assistive mobility device;
535 (iv) an electric assisted bicycle;
536 (v) a motor assisted scooter;
537 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
538 (vii) a mobile carrier, as defined in Section 41-6a-1120.
539 (24) "Gore area" means the area delineated by two solid white lines that is between a
540 continuing lane of a through roadway and a lane used to enter or exit the continuing lane
541 including similar areas between merging or splitting highways.
542 (25) "Gross weight" means the weight of a vehicle without a load plus the weight of
543 any load on the vehicle.
544 (26) "Highway" means the entire width between property lines of every way or place of
545 any nature when any part of it is open to the use of the public as a matter of right for vehicular
546 travel.
547 (27) "Highway authority" means the same as that term is defined in Section 72-1-102.
548 (28) (a) "Intersection" means the area embraced within the prolongation or connection
549 of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or
550 more highways that join one another.
551 (b) Where a highway includes two roadways 30 feet or more apart:
552 (i) every crossing of each roadway of the divided highway by an intersecting highway
553 is a separate intersection; and
554 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
555 every crossing of two roadways of the highways is a separate intersection.
556 (c) "Intersection" does not include the junction of an alley with a street or highway.
557 (29) "Island" means an area between traffic lanes or at an intersection for control of
558 vehicle movements or for pedestrian refuge designated by:
559 (a) pavement markings, which may include an area designated by two solid yellow
560 lines surrounding the perimeter of the area;
561 (b) channelizing devices;
562 (c) curbs;
563 (d) pavement edges; or
564 (e) other devices.
565 (30) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
566 act of overtaking and passing another vehicle that is stopped in the same direction of travel in
567 the same lane.
568 (31) "Law enforcement agency" means the same as that term is as defined in Section
569 53-1-102.
570 (32) "Limited access highway" means a highway:
571 (a) that is designated specifically for through traffic; and
572 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
573 persons have any right or easement, or have only a limited right or easement of access, light,
574 air, or view.
575 (33) "Local highway authority" means the legislative, executive, or governing body of
576 a county, municipal, or other local board or body having authority to enact laws relating to
577 traffic under the constitution and laws of the state.
578 (34) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
579 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
580 (ii) has a capacity of not more than six passengers, including a conventional driver or
581 fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
582 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
583 (35) "Metal tire" means a tire, the surface of which in contact with the highway is
584 wholly or partly of metal or other hard nonresilient material.
585 (36) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
586 saddle that is less than 24 inches from the ground as measured on a level surface with properly
587 inflated tires.
588 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
589 (c) "Mini-motorcycle" does not include a motorcycle that is:
590 (i) designed for off-highway use; and
591 (ii) registered as an off-highway vehicle under Section 41-22-3.
592 (37) "Mobile home" means:
593 (a) a trailer or semitrailer that is:
594 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
595 place either permanently or temporarily; and
596 (ii) equipped for use as a conveyance on streets and highways; or
597 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
598 constructed for use as a mobile home, as defined in Subsection (37)(a), but that is instead used
599 permanently or temporarily for:
600 (i) the advertising, sale, display, or promotion of merchandise or services; or
601 (ii) any other commercial purpose except the transportation of property for hire or the
602 transportation of property for distribution by a private carrier.
603 (38) (a) "Moped" means a motor-driven cycle having:
604 (i) pedals to permit propulsion by human power; and
605 (ii) a motor that:
606 (A) produces not more than two brake horsepower; and
607 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
608 level ground.
609 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
610 centimeters and the moped shall have a power drive system that functions directly or
611 automatically without clutching or shifting by the operator after the drive system is engaged.
612 (c) "Moped" does not include:
613 (i) an electric assisted bicycle; or
614 (ii) a motor assisted scooter.
615 (39) (a) "Motor assisted scooter" means a self-propelled device with:
616 (i) at least two wheels in contact with the ground;
617 (ii) a braking system capable of stopping the unit under typical operating conditions;
618 (iii) an electric motor not exceeding 2,000 watts;
619 (iv) either:
620 (A) handlebars and a deck design for a person to stand while operating the device; or
621 (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
622 the device;
623 (v) a design for the ability to be propelled by human power alone; and
624 (vi) a maximum speed of 20 miles per hour on a paved level surface.
625 (b) "Motor assisted scooter" does not include:
626 (i) an electric assisted bicycle; or
627 (ii) a motor-driven cycle.
628 (40) (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
629 propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
630 (b) "Motor vehicle" does not include:
631 (i) vehicles moved solely by human power;
632 (ii) motorized wheelchairs;
633 (iii) an electric personal assistive mobility device;
634 (iv) an electric assisted bicycle;
635 (v) a motor assisted scooter;
636 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
637 (vii) a mobile carrier, as defined in Section 41-6a-1120.
638 (41) "Motorcycle" means:
639 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
640 and designed to travel with not more than three wheels in contact with the ground; or
641 (b) an autocycle.
642 (42) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
643 having:
644 (i) an engine with less than 150 cubic centimeters displacement; or
645 (ii) a motor that produces not more than five horsepower.
646 (b) "Motor-driven cycle" does not include:
647 (i) an electric personal assistive mobility device;
648 (ii) a motor assisted scooter; or
649 (iii) an electric assisted bicycle.
650 (43) "Off-highway implement of husbandry" means the same as that term is defined
651 under Section 41-22-2.
652 (44) "Off-highway vehicle" means the same as that term is defined under Section
653 41-22-2.
654 (45) "Operate" means the same as that term is defined in Section 41-1a-102.
655 (46) "Operator" means:
656 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
657 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
658 vehicle.
659 (47) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
660 occupied or not.
661 (b) "Park" or "parking" does not include:
662 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
663 in loading or unloading property or passengers; or
664 (ii) a motor vehicle with an engaged automated driving system that has achieved a
665 minimal risk condition, as those terms are defined in Section 41-26-102.1.
666 (48) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace
667 Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
668 laws.
669 (49) "Pedestrian" means a person traveling:
670 (a) on foot; or
671 (b) in a wheelchair.
672 (50) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
673 pedestrians.
674 (51) "Person" means a natural person, firm, copartnership, association, corporation,
675 business trust, estate, trust, partnership, limited liability company, association, joint venture,
676 governmental agency, public corporation, or any other legal or commercial entity.
677 (52) "Pole trailer" means a vehicle without motive power:
678 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
679 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
680 (b) that is ordinarily used for transporting long or irregular shaped loads including
681 poles, pipes, or structural members generally capable of sustaining themselves as beams
682 between the supporting connections.
683 (53) "Private road or driveway" means every way or place in private ownership and
684 used for vehicular travel by the owner and those having express or implied permission from the
685 owner, but not by other persons.
686 (54) "Railroad" means a carrier of persons or property upon cars operated on stationary
687 rails.
688 (55) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
689 public body or official or by a railroad and intended to give notice of the presence of railroad
690 tracks or the approach of a railroad train.
691 (56) "Railroad train" means a locomotive propelled by any form of energy, coupled
692 with or operated without cars, and operated upon rails.
693 (57) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful
694 manner in preference to another vehicle or pedestrian approaching under circumstances of
695 direction, speed, and proximity that give rise to danger of collision unless one grants
696 precedence to the other.
697 (58) (a) "Roadway" means that portion of highway improved, designed, or ordinarily
698 used for vehicular travel.
699 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
700 them are used by persons riding bicycles or other human-powered vehicles.
701 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
702 a highway includes two or more separate roadways.
703 (59) "Safety zone" means the area or space officially set apart within a roadway for the
704 exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to
705 be plainly visible at all times while set apart as a safety zone.
706 (60) (a) "School bus" means a motor vehicle that:
707 (i) complies with the color and identification requirements of the most recent edition of
708 "Minimum Standards for School Buses"; and
709 (ii) is used to transport school children to or from school or school activities.
710 (b) "School bus" does not include a vehicle operated by a common carrier in
711 transportation of school children to or from school or school activities.
712 (61) (a) "Semitrailer" means a vehicle with or without motive power:
713 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
714 and
715 (ii) constructed so that some part of its weight and that of its load rests on or is carried
716 by another vehicle.
717 (b) "Semitrailer" does not include a pole trailer.
718 (62) "Shoulder area" means:
719 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
720 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
721 or
722 (b) that portion of the road contiguous to the roadway for accommodation of stopped
723 vehicles, for emergency use, and for lateral support.
724 (63) "Sidewalk" means that portion of a street between the curb lines, or the lateral
725 lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
726 (64) "Solid rubber tire" means a tire of rubber or other resilient material that does not
727 depend on compressed air for the support of the load.
728 (65) "Stand" or "standing" means the temporary halting of a vehicle, whether occupied
729 or not, for the purpose of and while actually engaged in receiving or discharging passengers.
730 (66) "Stop" when required means complete cessation from movement.
731 (67) "Stop" or "stopping" when prohibited means any halting even momentarily of a
732 vehicle, whether occupied or not, except when:
733 (a) necessary to avoid conflict with other traffic; or
734 (b) in compliance with the directions of a peace officer or traffic-control device.
735 (68) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
736 vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the
737 requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
738 Section 41-6a-1509.
739 (69) "Tow truck operator" means the same as that term is defined in Section 72-9-102.
740 (70) "Tow truck motor carrier" means the same as that term is defined in Section
741 72-9-102.
742 [
743 conveyances either singly or together while using any highway for the purpose of travel.
744 [
745 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
746 [
747 inconsistent with this chapter placed or erected by a highway authority for the purpose of
748 regulating, warning, or guiding traffic.
749 [
750 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
751 [
752 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
753 part of its weight rests upon the towing vehicle.
754 (b) "Trailer" does not include a pole trailer.
755 [
756 the transportation of property.
757 [
758 (a) designed and used primarily for drawing other vehicles; and
759 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
760 tractor.
761 [
762 (a) provided for vehicle operators making left turns in either direction;
763 (b) that is not used for passing, overtaking, or through travel; and
764 (c) that has been indicated by a lane traffic-control device that may include lane
765 markings.
766 [
767 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
768 less than 100 feet, for a distance of a quarter of a mile or more.
769 [
770 be transported or drawn on a highway, except a mobile carrier, as defined in Section
771 41-6a-1120, or a device used exclusively on stationary rails or tracks.
772 Section 5. Section 41-6a-1406 is amended to read:
773 41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
774 requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
775 (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
776 Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace
777 officer or by an order of a person acting on behalf of a law enforcement agency or highway
778 authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
779 expense of the owner.
780 (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
781 impounded to a state impound yard.
782 (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
783 removed by a tow truck motor carrier that meets standards established:
784 (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
785 (b) by the department under Subsection (10).
786 (4) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or
787 outboard motor that is:
788 (i) removed or impounded as described in Subsection (1); or
789 (ii) removed or impounded by any law enforcement or government entity.
790 [
791 removal of the vehicle, vessel, or outboard motor, a report of the removal shall be sent to the
792 Motor Vehicle Division by:
793 (i) the peace officer or agency by whom the peace officer is employed; and
794 (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
795 operator is employed.
796 [
797 shall include:
798 (i) the operator's name, if known;
799 (ii) a description of the vehicle, vessel, or outboard motor;
800 (iii) the vehicle identification number or vessel or outboard motor identification
801 number;
802 (iv) the license number, temporary permit number, or other identification number
803 issued by a state agency;
804 (v) the date, time, and place of impoundment;
805 (vi) the reason for removal or impoundment;
806 (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
807 outboard motor; and
808 (viii) the place where the vehicle, vessel, or outboard motor is stored.
809 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
810 State Tax Commission shall make rules to establish proper format and information required on
811 the form described in this subsection (4).
812 [
813 required under this Subsection (4), a tow truck motor carrier or impound yard may not:
814 (i) collect any fee associated with the removal; and
815 (ii) begin charging storage fees.
816 (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
817 Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the
818 following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:
819 (i) the registered owner;
820 (ii) any lien holder; or
821 (iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor
822 is currently operating under a temporary permit issued by the dealer, as described in Section
823 41-3-302.
824 (b) The notice shall:
825 (i) state the date, time, and place of removal, the name, if applicable, of the person
826 operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
827 and the place where the vehicle, vessel, or outboard motor is stored;
828 (ii) state that the registered owner is responsible for payment of towing, impound, and
829 storage fees charged against the vehicle, vessel, or outboard motor;
830 (iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard
831 motor is released; and
832 (iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the
833 vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or
834 impoundment under this section, one of the parties fails to make a claim for release of the
835 vehicle, vessel, or outboard motor.
836 (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
837 motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
838 to notify the parties described in Subsection (5)(a) of the removal and the place where the
839 vehicle, vessel, or outboard motor is stored.
840 (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
841 the vehicle, vessel, or outboard motor is stored.
842 (e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
843 if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
844 service in accordance with Subsection 72-9-603(1)(a)(i).
845 (6) (a) The vehicle, vessel, or outboard motor shall be released after a party described
846 in Subsection (5)(a):
847 (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
848 the State Tax Commission;
849 (ii) presents identification sufficient to prove ownership of the impounded vehicle,
850 vessel, or outboard motor;
851 (iii) completes the registration, if needed, and pays the appropriate fees;
852 (iv) if the impoundment was made under Section 41-6a-527, pays an administrative
853 impound fee of $400; and
854 (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
855 motor is stored.
856 (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
857 Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
858 (ii) $147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
859 be deposited [
860 53-3-106;
861 (iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
862 be deposited in the Spinal Cord and Brain Injury Rehabilitation Fund; and
863 (iv) the remainder of the administrative impound fee assessed under Subsection
864 (6)(a)(iv) shall be deposited [
865 (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
866 waived or refunded by the State Tax Commission if the registered owner, lien holder, or
867 owner's agent presents written evidence to the State Tax Commission that:
868 (i) the Driver License Division determined that the arrested person's driver license
869 should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
870 or other report from the Driver License Division presented within 180 days after the day on
871 which the Driver License Division mailed the final notification; or
872 (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
873 stolen vehicle report presented within 180 days after the day of the impoundment.
874 (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
875 payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
876 or any service rendered, performed, or supplied in connection with a removal or impoundment
877 under Subsection (1).
878 (e) The owner of an impounded vehicle may not be charged a fee for the storage of the
879 impounded vehicle, vessel, or outboard motor if:
880 (i) the vehicle, vessel, or outboard motor is being held as evidence; and
881 (ii) the vehicle, vessel, or outboard motor is not being released to a party described in
882 Subsection 5(a), even if the party satisfies the requirements to release the vehicle, vessel, or
883 outboard motor under this Subsection (6).
884 (7) (a) [
885 party described in Subsection (5)(a) within the time prescribed by Section 41-1a-1103 [
886
887
888 impounded vehicle, vessel, or outboard motor as described in Section 41-1a-1103.
889 (b) The date of impoundment is considered the date of seizure for computing the time
890 period provided under Section 41-1a-1103.
891 (8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the
892 impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the
893 fees and charges, together with damages, court costs, and attorney fees, against the operator of
894 the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
895 (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
896 or outboard motor.
897 (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
898 the department shall make rules setting the performance standards for towing companies to be
899 used by the department.
900 (11) (a) The Motor Vehicle Division may specify that a report required under
901 Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
902 retrieval of the information.
903 (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
904 administrator of the database may adopt a schedule of fees assessed for utilizing the database.
905 (ii) The fees under this Subsection (11)(b) shall:
906 (A) be reasonable and fair; and
907 (B) reflect the cost of administering the database.
908 Section 6. Section 53-3-106 is amended to read:
909 53-3-106. Disposition of revenues under this chapter -- Restricted account created
910 -- Uses as provided by appropriation -- Nonlapsing.
911 (1) There is created within the Transportation Fund a restricted account known as the
912 "Department of Public Safety Restricted Account."
913 (2) The account consists of money generated from the following revenue sources:
914 (a) all money received under this chapter;
915 (b) administrative fees received according to the fee schedule authorized under this
916 chapter and Section 63J-1-504;
917 (c) beginning on January 1, 2013, money received in accordance with Section
918 41-1a-1201; and
919 (d) any appropriations made to the account by the Legislature.
920 (3) (a) The account shall earn interest.
921 (b) All interest earned on account money shall be deposited in the account.
922 (4) The expenses of the department in carrying out this chapter shall be provided for by
923 legislative appropriation from this account.
924 (5) The amount in excess of $45 of the fees collected under Subsection 53-3-105(25)
925 shall be appropriated by the Legislature from this account to the department to implement the
926 provisions of Section 53-1-117, except that of the amount in excess of $45, $100 shall be
927 deposited [
928 (6) All money received under Subsection 41-6a-1406(6)[
929 appropriated by the Legislature from this account to the department to implement the
930 provisions of Section 53-1-117.
931 (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
932 annually from the account to the state medical examiner appointed under Section 26-4-4 for
933 use in carrying out duties related to highway crash deaths under Subsection 26-4-7(1).
934 (8) The division shall remit the fees collected under Subsection 53-3-105(31) to the
935 Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
936 Identification provides under Section 53-3-205.5.
937 (9) (a) Beginning on January 1, 2013, the Legislature shall appropriate all money
938 received in the account under Section 41-1a-1201 to the Utah Highway Patrol Division for
939 field operations.
940 (b) The Legislature may appropriate additional money from the account to the Utah
941 Highway Patrol Division for law enforcement purposes.
942 (10) Appropriations to the department from the account are nonlapsing.
943 (11) The department shall report to the Department of Health, on or before December
944 31, the amount the department expects to collect under Subsection 53-3-105(25) in the next
945 fiscal year.
946 Section 7. Section 63I-1-241 is amended to read:
947 63I-1-241. Repeal dates, Title 41.
948 (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury
949 Rehabilitation Fund, is repealed January 1, 2025.
950 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
951 business regulation, is repealed July 1, 2024.
952 (3) The following subsections addressing lane filtering are repealed on July 1, 2022:
953 (a) Subsection 41-6a-102(30) that defines "lane filtering";
954 (b) Subsection 41-6a-704(5); and
955 (c) Subsection 41-6a-710(1)(c).
956 (4) Subsection 41-6a-1406(6)[
957 Rehabilitation Fund, is repealed January 1, 2025.
958 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which create the Off-highway Vehicle
959 Advisory Council, are repealed July 1, 2027.
960 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
961 Fund, is repealed January 1, 2025.
962 Section 8. Section 72-9-603 is amended to read:
963 72-9-603. Towing notice requirements -- Cost responsibilities -- Abandoned
964 vehicle title restrictions -- Rules for maximum rates and certification.
965 (1) Except for a tow truck service that was ordered by a peace officer, a person acting
966 on behalf of a law enforcement agency, or a highway authority, after performing a tow truck
967 service that is being done without the vehicle, vessel, or outboard motor owner's knowledge,
968 the tow truck operator or the tow truck motor carrier shall:
969 (a) immediately upon arriving at the place of storage or impound of the vehicle, vessel,
970 or outboard motor:
971 (i) send a report of the removal to the Motor Vehicle Division that complies with the
972 requirements of Subsection [
973 (ii) contact the law enforcement agency having jurisdiction over the area where the
974 vehicle, vessel, or outboard motor was picked up and notify the agency of the:
975 (A) location of the vehicle, vessel, or outboard motor;
976 (B) date, time, and location from which the vehicle, vessel, or outboard motor was
977 removed;
978 (C) reasons for the removal of the vehicle, vessel, or outboard motor;
979 (D) person who requested the removal of the vehicle, vessel, or outboard motor; and
980 (E) description, including the identification number, license number, or other
981 identification number issued by a state agency, of the vehicle, vessel, or outboard motor;
982 (b) within two business days of performing the tow truck service under Subsection
983 (1)(a), send a certified letter to the last-known address of each party described in Subsection
984 41-6a-1406(5)(a) with an interest in the vehicle, vessel, or outboard motor obtained from the
985 Motor Vehicle Division or, if the person has actual knowledge of the party's address, to the
986 current address, notifying the party of the:
987 (i) location of the vehicle, vessel, or outboard motor;
988 (ii) date, time, and location from which the vehicle, vessel, or outboard motor was
989 removed;
990 (iii) reasons for the removal of the vehicle, vessel, or outboard motor;
991 (iv) person who requested the removal of the vehicle, vessel, or outboard motor;
992 (v) a description, including its identification number and license number or other
993 identification number issued by a state agency; and
994 (vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor; and
995 (c) upon initial contact with the owner whose vehicle, vessel, or outboard motor was
996 removed, provide the owner with a copy of the Utah Consumer Bill of Rights Regarding
997 Towing established by the department in Subsection (16)(e).
998 (2) Until the tow truck operator or tow truck motor carrier reports the removal as
999 required under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound
1000 yard may not:
1001 (a) collect any fee associated with the removal; or
1002 (b) begin charging storage fees.
1003 (3) (a) Except as provided in Subsection (3)(b) or (9), a tow truck operator or tow truck
1004 motor carrier may not perform a tow truck service at the request or direction of a private
1005 property owner or the property owner's agent unless:
1006 (i) the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the
1007 tow truck service; or
1008 (ii) the property owner erects signage that meets the requirements of:
1009 (A) Subsection (4)(b)(ii); and
1010 (B) Subsection (7) or (8).
1011 (b) Subsections (7) through (9) do not apply to the removal of a vehicle, vessel, or
1012 outboard motor:
1013 (i) from a location where parking is prohibited by law, including:
1014 (A) a designated fire lane;
1015 (B) within 15 feet of a fire hydrant, unless the vehicle is parked in a marked parking
1016 stall or space; or
1017 (C) a marked parking stall or space legally designated for disabled persons;
1018 (ii) from a location where it is reasonably apparent that the location is not open to
1019 parking;
1020 (iii) from a location where all public access points are controlled by:
1021 (A) a permanent gate, door, or similar feature allowing the vehicle to access the
1022 facility; or
1023 (B) a parking attendant;
1024 (iv) from a location that materially interferes with access to private property;
1025 (v) from the property of a detached single-family dwelling or duplex; or
1026 (vi) pursuant to a legal repossession.
1027 (4) (a) A private property owner may, subject to the requirements of a local ordinance,
1028 enforce parking restrictions by:
1029 (i) authorizing a tow truck motor carrier to patrol and monitor the property and enforce
1030 parking restrictions on behalf of the property owner in accordance with Subsection (7);
1031 (ii) enforcing parking restrictions as needed by requesting a tow from a tow truck
1032 motor carrier on a case-by-case basis in accordance with Subsection (8); or
1033 (iii) requesting a tow from a tow truck motor carrier after providing 24-hour written
1034 notice in accordance with Subsection (9).
1035 (b) (i) Any agreement between a private property owner and tow truck motor carrier
1036 authorizing the tow truck motor carrier to patrol and monitor the property under Subsection
1037 (4)(a)(i) shall include specific terms and conditions for the tow truck motor carrier to remove a
1038 vehicle, vessel, or outboard motor from the property.
1039 (ii) In addition to the signage described in Subsection (7) or (8), a private property
1040 owner who allows public parking shall erect appropriate signage on the property indicating
1041 clear instructions for parking at the property.
1042 (iii) Where a single parking area includes abutting parcels of property owned by two or
1043 more private property owners who enforce different parking restrictions under Subsection (7)
1044 or (8), each property owner shall, in addition to the requirements under Subsection (7) or (8),
1045 erect signage as required by this section:
1046 (A) at each entrance to the property owner's parcel from another property owner's
1047 parcel; and
1048 (B) if there is no clearly defined entrance between one property owner's parcel and
1049 another property owner's parcel, at intervals of 40 feet or less along the line dividing the
1050 property owner's parcel from the other property owner's parcel.
1051 (iv) Where there is no clearly defined entrance to a parking area from a highway, the
1052 property owner shall erect signage as required by this section at intervals of 40 feet or less
1053 along any portion of a property line where a vehicle, vessel, or outboard motor may enter the
1054 parking area.
1055 (5) Nothing in Subsection (3) or (4) restricts the ability of a private property owner
1056 from, subject to the provisions of this section, instituting and enforcing regulations for parking
1057 at the property.
1058 (6) In addition to any other powers provided by law, a political subdivision or state
1059 agency may:
1060 (a) enforce parking restrictions in accordance with Subsections (7) through (9) on
1061 property that is:
1062 (i) owned by the political subdivision or state agency;
1063 (ii) located outside of the public right-of-way; and
1064 (iii) open to public parking; and
1065 (b) request or direct a tow truck service in order to abate a public nuisance on private
1066 property over which the political subdivision or state agency has jurisdiction.
1067 (7) For private property where parking is enforced under Subsection (4)(a)(i), the
1068 property owner shall ensure that each entrance to the property has the following signs located
1069 on the property and clearly visible to the driver of a vehicle entering the property:
1070 (a) a top sign that is 24 inches tall by 18 inches wide and has:
1071 (i) a blue, reflective background with a 1/2 inch white border;
1072 (ii) two-inch, white letters at the top of the sign with the capitalized words "Lot is
1073 Patrolled";
1074 (iii) a white towing logo that is six inches tall and 16 inches wide that depicts an entire
1075 tow truck, a tow hook, and an entire vehicle being towed; and
1076 (iv) two-inch, white letters at the bottom of the sign with the capitalized words
1077 "Towing Enforced"; and
1078 (b) a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white,
1079 reflective border, and has:
1080 (i) a top half that is red background with white, reflective letters indicating:
1081 (A) who is authorized to park or restricted from parking at the property; and
1082 (B) any type of vehicle prohibited from parking at the property; and
1083 (ii) a bottom half that has a white, reflective background with red letters indicating:
1084 (A) the name and telephone number of the tow truck motor carrier that the property
1085 owner has authorized to patrol the property; and
1086 (B) the Internet web address "tow.utah.gov".
1087 (8) For private property where parking is enforced under Subsection (4)(a)(ii):
1088 (a) a tow truck motor carrier may not:
1089 (i) patrol and monitor the property;
1090 (ii) perform a tow truck service without the written or verbal request of the property
1091 owner or the property owner's agent; or
1092 (iii) act as the property owner's agent to request a tow truck service; and
1093 (b) the property owner shall ensure that each entrance to the property has a clearly
1094 visible sign located on the property that is 24 inches tall by 18 inches wide with a 1/2 inch
1095 white, reflective border, and has:
1096 (i) at the top of the sign, a blue background with a white, reflective towing logo that is
1097 at least four inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an
1098 entire vehicle being towed;
1099 (ii) immediately below the towing logo described in Subsection (8)(b)(i), a blue
1100 background with white, reflective letters at least two inches tall with the capitalized words
1101 "Towing Enforced";
1102 (iii) in the middle of the sign, a red background with white, reflective letters at least
1103 one inch tall indicating:
1104 (A) who is authorized to park or restricted from parking at the property; and
1105 (B) any type of vehicle prohibited from parking at the property; and
1106 (iv) at the bottom of the sign, a white, reflective background with red letters at least
1107 one inch tall indicating:
1108 (A) either:
1109 (I) the name and telephone number of the property owner or the property owner's agent
1110 who is authorized to request a tow truck service; or
1111 (II) the name and telephone number of the tow truck motor carrier that provides tow
1112 truck services for the property; and
1113 (B) the Internet web address "tow.utah.gov".
1114 (9) (a) For private property without signage meeting the requirements of Subsection (7)
1115 or (8), the property owner may request a tow truck motor carrier to remove a vehicle, vessel, or
1116 outboard motor from the private property 24 hours after the property owner or the property
1117 owner's agent affixes a written notice to the vehicle, vessel, or outboard motor in accordance
1118 with this Subsection (9).
1119 (b) The written notice described in Subsection (9)(a) shall:
1120 (i) indicate the exact time when the written notice is affixed to the vehicle, vessel, or
1121 outboard motor;
1122 (ii) warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel, or
1123 outboard motor will be towed from the property if it is not removed within 24 hours after the
1124 time indicated in Subsection (9)(b)(i);
1125 (iii) be at least four inches tall and four inches wide; and
1126 (iv) be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on
1127 the driver's side window of the vehicle, vessel, or outboard motor.
1128 (c) A property owner may authorize a tow truck motor carrier to act as the property
1129 owner's agent for purposes of affixing the written notice described in Subsection (9)(a) to a
1130 vehicle, vessel, or outboard motor.
1131 (10) The department shall publish on the department Internet website the signage
1132 requirements and written notice requirements and illustrated or photographed examples of the
1133 signage and written notice requirements described in Subsections (7) through (9).
1134 (11) It is an affirmative defense to any claim, based on the lack of notice, that arises
1135 from the towing of a vehicle, vessel, or outboard motor from private property that the property
1136 had signage meeting the requirements of:
1137 (a) Subsection (4)(b)(ii); and
1138 (b) Subsection (7) or (8).
1139 (12) The party described in Subsection 41-6a-1406(5)(a) with an interest in a vehicle,
1140 vessel, or outboard motor lawfully removed is only responsible for paying:
1141 (a) the tow truck service and storage fees set in accordance with Subsection (16); and
1142 (b) the administrative impound fee set in Section 41-6a-1406, if applicable.
1143 (13) (a) The fees under Subsection (12) are a possessory lien on the vehicle, vessel, or
1144 outboard motor and any nonlife essential items contained in the vehicle, vessel, or outboard
1145 motor that are owned by the owner of the vehicle, vessel, or outboard motor until paid.
1146 (b) The tow truck operator or tow truck motor carrier shall securely store the vehicle,
1147 vessel, or outboard motor and items described in Subsection (13)(a) in an approved state
1148 impound yard until a party described in Subsection 41-6a-1406(5)(a) with an interest in the
1149 vehicle, vessel, or outboard motor:
1150 (i) pays the fees described in Subsection (12); and
1151 (ii) removes the vehicle, vessel, or outboard motor from the state impound yard.
1152 (14) (a) A vehicle, vessel, or outboard motor shall be considered abandoned if a party
1153 described in Subsection 41-6a-1406(5)(a) with an interest in the vehicle, vessel, or outboard
1154 motor does not, within 30 days after notice has been sent under Subsection (1)(b):
1155 (i) pay the fees described in Subsection (12); and
1156 (ii) remove the vehicle, vessel, or outboard motor from the secure storage facility.
1157 (b) A person may not request a transfer of title to an abandoned vehicle, vessel, or
1158 outboard motor until at least 30 days after notice has been sent under Subsection (1)(b).
1159 (15) (a) A tow truck motor carrier or impound yard shall clearly and conspicuously
1160 post and disclose all its current fees, rates, and acceptable forms of payment for tow truck
1161 service and storage of a vehicle in accordance with rules established under Subsection (16).
1162 (b) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
1163 payment by cash and debit or credit card for a tow truck service under Subsection (1) or any
1164 service rendered, performed, or supplied in connection with a tow truck service under
1165 Subsection (1).
1166 (16) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1167 the department shall:
1168 (a) subject to the restriction in Subsection (17), set maximum rates that:
1169 (i) a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel,
1170 or outboard motor that are transported in response to:
1171 (A) a peace officer dispatch call;
1172 (B) a motor vehicle division call; and
1173 (C) any other call or request where the owner of the vehicle, vessel, or outboard motor
1174 has not consented to the removal; [
1175 (ii) an impound yard may charge for the storage of a vehicle, vessel, or outboard motor
1176 stored as a result of one of the conditions listed under Subsection (16)(a)(i); and
1177 (iii) an impound yard may charge for the after-hours release of a vehicle, vessel, or
1178 outboard motor stored as a result of one of the conditions described in Subsection (16)(a)(i);
1179 (b) establish authorized towing certification requirements, not in conflict with federal
1180 law, related to incident safety, clean-up, and hazardous material handling;
1181 (c) specify the form and content of the posting and disclosure of fees and rates charged
1182 and acceptable forms of payment by a tow truck motor carrier or impound yard;
1183 (d) set a maximum rate for an administrative fee that a tow truck motor carrier may
1184 charge for reporting the removal as required under Subsection (1)(a)(i) and providing notice of
1185 the removal to each party described in Subsection 41-6a-1406(5)(a) with an interest in the
1186 vehicle, vessel, or outboard motor as required in Subsection (1)(b); [
1187 (e) establish a Utah Consumer Bill of Rights Regarding Towing form that contains
1188 specific information regarding:
1189 (i) a vehicle owner's rights and responsibilities if the owner's vehicle is towed;
1190 (ii) identifies the maximum rates that a tow truck motor carrier may charge for the tow
1191 truck service of a vehicle, vessel, or outboard motor that is transported in response to a call or
1192 request where the owner of the vehicle, vessel, or outboard motor has not consented to the
1193 removal; and
1194 (iii) identifies the maximum rates that an impound yard may charge for the storage of
1195 vehicle, vessel, or outboard motor that is transported in response to a call or request where the
1196 owner of the vehicle, vessel, or outboard motor has not consented to the removal[
1197 (f) set a maximum rate for an after-hours fee allowed under Subsection (19)(b).
1198 (17) An impound yard may not charge a fee for the storage of an impounded vehicle,
1199 vessel, or outboard motor if:
1200 (a) the vehicle, vessel, or outboard motor is being held as evidence; and
1201 (b) the vehicle, vessel, or outboard motor is not being released to a party described in
1202 Subsection 41-6a-1406(5)(a), even if the party satisfies the requirements to release the vehicle,
1203 vessel, or outboard motor under Section 41-6a-1406.
1204 (18) (a) (i) A tow truck motor carrier may charge a rate up to the maximum rate set by
1205 the department in rules made under Subsection (16).
1206 (ii) In addition to the maximum rates established under Subsection (16) and when
1207 receiving payment by credit card, a tow truck operator, a tow truck motor carrier, or an
1208 impound yard may charge a credit card processing fee of 3% of the transaction total.
1209 (b) A tow truck motor carrier may not be required to maintain insurance coverage at a
1210 higher level than required in rules made pursuant to Subsection (16).
1211 (19) When a tow truck motor carrier or impound lot is in possession of a vehicle,
1212 vessel, or outboard motor as a result of a tow service that was performed without the consent of
1213 the owner, and that was not ordered by a peace officer or a person acting on behalf of a law
1214 enforcement agency, the tow truck motor carrier or impound yard shall make personnel
1215 available:
1216 (a) by phone 24 hours a day, seven days a week; and
1217 (b) to release the impounded vehicle, vessel, or outboard motor to the owner within
1218 one hour of when the owner calls the tow truck motor carrier or impound yard.
1219 (20) A tow truck motor carrier or a tow truck operator may not:
1220 (a) share contact or other personal information of an owner of a vehicle, vessel, or
1221 outboard motor for which the tow truck motor carrier or tow truck operator has performed a
1222 tow service; and
1223 (b) receive payment for referring a person for whom the tow truck motor carrier or tow
1224 truck operator has performed a tow service to another service, including:
1225 (i) a lawyer referral service;
1226 (ii) a medical provider;
1227 (iii) a funding agency;
1228 (iv) a marketer for any service described in Subsections (20)(b)(i) through (iii);
1229 (v) a marketer for any other service; or
1230 (vi) a third party vendor.
1231 Section 9. Effective date.
1232 This bill takes effect on October 15, 2022.