41-1a-1101.  Seizure — Circumstances where permitted — Impound lot standards.

(1)  The division or any peace officer, without a warrant, may seize and take possession of any vehicle, vessel, or outboard motor:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 41-1a-1101

  • Commission: means the State Tax Commission. See Utah Code 41-1a-102
  • Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
  • Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Highway: includes :Utah Code 68-3-12.5
  • Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
  • Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
  • Operate: includes testing of an automated driving system. See Utah Code 41-1a-102
  • Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
  • Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
  • Person: means :Utah Code 68-3-12.5
  • Public garage: means a building or other place where vehicles or vessels are kept and stored and where a charge is made for the storage and keeping of vehicles and vessels. See Utah Code 41-1a-102
  • Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
  • 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
  • State impound yard: means a yard for the storage of a vehicle, vessel, or outboard motor that meets the requirements of rules made by the commission pursuant to Subsection 41-1a-1101(5). See Utah Code 41-1a-102
  • Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • Trailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-1a-102
  • Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
  • Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
(a)  that the division or the peace officer has reason to believe has been stolen;

(b)  on which any identification number has been defaced, altered, or obliterated;

(c)  that has been abandoned in accordance with Section 41-6a-1408;

(d)  for which the applicant has written a check for registration or title fees that has not been honored by the applicant’s bank and that is not paid within 30 days;

(e)  that is placed on the water with improper registration;

(f)  that is being operated on a highway:

(i)  with registration that has been expired for more than three months;

(ii)  having never been properly registered by the current owner; or

(iii)  with registration that is suspended or revoked; or

(g) 

(i)  that the division or the peace officer has reason to believe has been involved in an accident described in Section 41-6a-401, 41-6a-401.3, or 41-6a-401.5; and

(ii)  whose operator did not remain at the scene of the accident until the operator fulfilled the requirements described in Section 41-6a-401 or 41-6a-401.7.

(2) 

(a)  Subject to the restriction in Subsection (2)(b), the division or any peace officer, without a warrant:

(i)  shall seize and take possession of any vehicle that is being operated on a highway without owner’s or operator’s security in effect for the vehicle as required under Section 41-12a-301 and the vehicle was involved in an accident; or

(ii)  may seize and take possession of any vehicle that is being operated on a highway without owner’s or operator’s security in effect for the vehicle as required under Section 41-12a-301 after the division or any peace officer makes a reasonable determination whether the vehicle would:

(A)  present a public safety concern to the operator or any of the occupants in the vehicle; or

(B)  prevent the division or the peace officer from addressing other public safety considerations.

(b)  The division or any peace officer may not seize and take possession of a vehicle under Subsection (2)(a):

(i)  if the operator of the vehicle is not carrying evidence of owner’s or operator’s security as defined in Section 41-12a-303.2 in the vehicle unless the division or peace officer verifies that owner’s or operator’s security is not in effect for the vehicle through the Uninsured Motorist Identification Database created in accordance with Section 41-12a-803; or

(ii)  if the operator of the vehicle is carrying evidence of owner’s or operator’s security as defined in Section 41-12a-303.2 in the vehicle and the Uninsured Motorist Identification Database created in accordance with Section 41-12a-803 indicates that the owner’s or operator’s security is not in effect for the vehicle, unless the division or a peace officer makes a reasonable attempt to independently verify that owner’s or operator’s security is not in effect for the vehicle.

(3)  If necessary for the transportation of a seized vessel, the vessel’s trailer may be seized to transport and store the vessel.

(4)  Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor under this section shall comply with the provisions of Section 41-6a-1406.

(5) 

(a)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules setting standards for public garages, impound lots, and impound yards that may be used by peace officers and the division.

(b)  The standards shall be equitable, reasonable, and unrestrictive as to the number of public garages, impound lots, or impound yards per geographical area.

(c)  A crusher, dismantler, or salvage dealer may not operate as a state impound yard unless the crusher, dismantler, or salvage dealer meets all of the requirements for a state impound yard set forth in this section and rules made in accordance with Subsection (5)(a).

(d) 

(i)  Rules made by the commission shall include a requirement that a state impound yard have opaque fencing on any side of the state impound yard that has frontage with a highway.

(ii)  The opaque fencing described in Subsection (5)(d)(i) may be opaque chain link fencing.

(6) 

(a)  Except as provided under Subsection (6)(b), a person may not operate or allow to be operated a vehicle stored in a public garage, impound lot, or impound yard regulated under this part without prior written permission of the owner of the vehicle.

(b)  Incidental and necessary operation of a vehicle to move the vehicle from one parking space to another within the facility and that is necessary for the normal management of the facility is not prohibited under Subsection (6)(a).

(7)  A person who violates the provisions of Subsection (6) is guilty of a class C misdemeanor.

(8)  The division or the peace officer who seizes a vehicle shall record the mileage shown on the vehicle’s odometer at the time of seizure, if:

(a)  the vehicle is equipped with an odometer; and

(b)  the odometer reading is accessible to the division or the peace officer.

Amended by Chapter 373, 2019 General Session

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