Except as otherwise provided under this section, any person required to give proof of owner‘s or operator‘s security shall maintain that proof with the department for a period of three years from the date the filing of proof was last requested. Subject to Subsection (2), the department shall:
Terms Used In Utah Code 41-12a-411
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Judgment: means any judgment that is final by:
(a)
expiration without appeal of the time within which an appeal might have been perfected; or
(b)
final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages:
(i)
arising out of the ownership, maintenance, or use of any motor vehicle, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or
Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103
Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103
Owner: means :
(a)
a person who holds legal title to a motor vehicle;
(b)
a lessee in possession;
(c)
a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or
(d)
a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103
Registration: means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles. See Utah Code 41-12a-103
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
upon request, consent to the immediate cancellation of any bond or certificate of insurance;
(b)
direct the state treasurer to return to the person entitled to it any money or securities deposited pursuant to this chapter as proof of owner’s or operator’s security; or
(c)
waive the requirement of filing proof, if the person on whose behalf the proof was filed dies or becomes permanently incapacitated to operate a motor vehicle or if the person who has given proof surrenders his registration to the department, except that if he applies for a registration within three years from the date proof was originally required, the application shall be refused unless the applicant reestablishes proof of owner’s or operator’s security and maintains the proof for the remainder of the three-year period.
(2)
(a)
The department may not consent to the cancellation of any bond or the return of any money or securities if any action for damages upon a liability covered by that proof is then pending, if:
(i)
any judgment of liability is unsatisfied; or
(ii)
the person who filed the bond or deposited the money or securities has, within one year immediately preceding the request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others.
(b)
An affidavit of the applicant is sufficient evidence in the absence of contrary evidence in the records of the department if the affidavit declares:
(i)
the nonexistence of liability or accidents;
(ii)
that the person has been released from all liability; or
(iii)
that the person has been finally adjudicated not to be liable for the injury or damage.
