41-6a-1901. Applicability — Law enforcement officer duties — Documents and records — Notice to Department of State.
| (1) |
As used in this section, “diplomat” means an individual who:
Terms Used In Utah Code 41-6a-1901- Department: means the Department of Public Safety. See Utah Code 41-6a-102
- Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
| (a) |
has a driver license issued by the United States Department of State; or |
| (b) |
claims immunities or privileges under 22 U.S.C. Sections 254a through 258a with respect to:
| (i) |
a moving traffic violation under this title or a moving traffic violation of an ordinance of a local authority; or |
| (ii) |
operating a motor vehicle while committing any of the following offenses:
| (A) |
negligently operating a vehicle resulting in death under Section 76-5-207; |
| (B) |
manslaughter under Section 76-5-205; |
| (C) |
negligent homicide under Section 76-5-206; |
| (D) |
aggravated assault under Section 76-5-103; or |
| (E) |
reckless endangerment under Section 76-5-112. |
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| (2) |
A law enforcement officer who stops a motor vehicle and has probable cause to believe that the driver is a diplomat that has committed a violation described under Subsection (1)(b)(i) or (ii) shall:
| (a) |
as soon as practicable, contact the United States Department of State in order to verify the driver’s status and immunity, if any; |
| (b) |
record all relevant information from any driver license or identification card, including a driver license or identification card issued by the United States Department of State; and |
| (c) |
within five working days after the date the officer stops the driver, forward all of the following to the Department of Public Safety:
| (i) |
if the driver is involved in a vehicle accident, the vehicle accident report; |
| (ii) |
if a citation or other charging document was issued to the driver, a copy of the citation or other charging document; and |
| (iii) |
if a citation or other charging document was not issued to the driver, a written report of the incident. |
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| (3) |
The Department of Public Safety shall:
| (a) |
file each vehicle accident report, citation or other charging document, and incident report that the Department of Public Safety receives under this section; |
| (b) |
keep convenient records or make suitable notations showing each:
| (ii) |
finding of responsibility; and |
| (iii) |
vehicle accident; and |
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| (c) |
within five working days after receipt, send a copy of each document and record described in Subsection (3) to the Bureau of Diplomatic Security, Office of Foreign Missions, of the United States Department of State. |
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| (4) |
This section does not prohibit or limit the application of any law to a criminal or motor vehicle violation committed by a diplomat. |
Amended by Chapter 116, 2022 General Session
