(1) 

Terms Used In Utah Code 53-3-205.6

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Division: means the Driver License Division of the department created in Section 53-3-103. See Utah Code 53-3-102
  • Identification card: means a card issued under 8, to a person for identification purposes. See Utah Code 53-3-102
  • Law enforcement agency: means an entity or division of:
(i) 
(A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
  • License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
  • License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102
  • Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
  • Person: means :Utah Code 68-3-12.5
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
  • (a)  The division shall establish a database of the emergency contacts of a person who holds a license certificate, learner permit, identification card, or any other type of license or permit issued under this chapter.

    (b)  Information in the database created under this section may only be accessed by:

    (i)  employees of the division;

    (ii)  law enforcement officers employed by a law enforcement agency; and

    (iii)  employees or authorized agents of a law enforcement agency.

    (c)  A law enforcement officer may share information contained in the emergency contact database with other public safety workers on the scene of a motor vehicle accident or other emergency situation, as needed to conduct official law enforcement duties.

    (2)  A person holding a license certificate, learner permit, identification card, or any other type of license or permit issued under this chapter may provide the division, in a manner specified by the division, the name, address, telephone number, and relationship to the holder of no more than two emergency contact persons whom the holder wishes to be contacted by a law enforcement officer if the holder:

    (a)  is involved in a motor vehicle accident or other emergency situation; and

    (b)  is unable to communicate with the contact person or persons.

    (3)  The information contained in the database created under this section:

    (a)  shall only be used for the purposes described in this section; and

    (b)  may not be used for criminal investigation purposes.

    (4)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing the procedures to implement this section including:

    (a)  specifying the method for a license certificate, instruction permit, or identification card holder to provide the division with emergency contact information;

    (b)  specifying the method for a license certificate, learner permit, or identification card holder to change the emergency contact information; and

    (c)  other rules required for the implementation of the database or its operation that the division determines necessary to implement the provisions of this section.

    (5) 

    (a)  If a person involved in a motor vehicle accident or other emergency situation is unable to communicate with the contact person or persons specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person or persons of the situation.

    (b)  A law enforcement officer or a law enforcement agency that employs a law enforcement officer may not incur any liability if the law enforcement officer is not able to make contact with a designated emergency contact person.

    (c)  Except for willful or wanton misconduct, a law enforcement officer or a law enforcement agency that employs a law enforcement officer may not incur any liability relating to the reporting or use of the database during a motor vehicle accident or other emergency situation.

    (6)  The division is not liable for any damages, costs, or expenses arising or resulting from any inaccurate or incomplete data or system unavailability.

    Enacted by Chapter 252, 2012 General Session