41-6a-527.  Seizure and impoundment of vehicles by peace officers — Impound requirements — Removal of vehicle by owner.

(1)  If a peace officer arrests, cites, or refers for administrative action the operator of a vehicle for violating Section 41-6a-502, 41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-520.1, 41-6a-530, 41-6a-606, 53-3-231, Subsections 53-3-227(3)(a)(i) through (vii), Subsection 53-3-277(3)(a)(x), or a local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1), the peace officer shall seize and impound the vehicle in accordance with Section 41-6a-1406, except as provided under Subsection (2).

Terms Used In Utah Code 41-6a-527

  • Arrest: Taking physical custody of a person by lawful authority.
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
  • Operator: means :
(a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
  • Trailer: means a vehicle with or 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 41-6a-102
  • 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
    • (2)  If a registered owner of the vehicle, other than the operator, is present at the time of arrest, the peace officer may release the vehicle to that registered owner, but only if:

    (a)  the registered owner:

    (i)  requests to remove the vehicle from the scene; and

    (ii)  presents to the peace officer sufficient identification to prove ownership of the vehicle or motorboat;

    (b)  the registered owner identifies a driver with a valid operator’s license who:

    (i)  complies with all restrictions of his operator’s license; and

    (ii)  would not, in the judgment of the officer, be in violation of Section 41-6a-502, 41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-520.1, 41-6a-530, 53-3-231, or a local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1) if permitted to operate the vehicle; and

    (c)  the vehicle itself is legally operable.

    (3)  If necessary for transportation of a motorboat for impoundment under this section, the motorboat’s trailer may be used to transport the motorboat.

    Amended by Chapter 415, 2023 General Session

      Previous section
    Next section  
     Part 5 Contents