41-1a-1101 - Seizure -- Circumstances where permitted -- Impound lot standards.
41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
(1) (a) The division or any peace officer, without a warrant, may seize and takepossession of any vehicle, vessel, or outboard motor:
(i) that the division or the peace officer has reason to believe has been stolen;
(ii) on which any identification number has been defaced, altered, or obliterated;
(iii) that has been abandoned in accordance with Section 41-6a-1408;
(iv) for which the applicant has written a check for registration or title fees that has notbeen honored by the applicant's bank and that is not paid within 30 days;
(v) that is placed on the water with improper registration; or
(vi) that is being operated on a highway:
(A) with registration that has been expired for more than three months;
(B) having never been properly registered by the current owner;
(C) with registration that is suspended or revoked; or
(D) subject to the restriction in Subsection (1)(b), without owner's or operator's securityin effect for the vehicle as required under Section 41-12a-301.
(b) The division or any peace officer may not seize and take possession of a vehicleunder Subsection (1)(a)(vi)(D) if the operator of the vehicle is not carrying evidence of owner'sor operator's security as defined in Section 41-12a-303.2 in the vehicle unless the division orpeace officer verifies that owner's or operator's security is not in effect for the vehicle through theUninsured Motorist Identification Database created in accordance with Section 41-12a-803.
(2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seizedto transport and store the vessel.
(3) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motorunder this section shall comply with the provisions of Section 41-6a-1406.
(4) (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 impoundyards that may be used by peace officers and the division.
(b) The standards shall be equitable, reasonable, and unrestrictive as to the number ofpublic garages, impound lots, or impound yards per geographical area.
(5) (a) Except as provided under Subsection (5)(b), a person may not operate or allow tobe operated a vehicle stored in a public garage, impound lot, or impound yard regulated underthis 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 parkingspace to another within the facility and that is necessary for the normal management of thefacility is not prohibited under Subsection (5)(a).
(6) A person who violates the provisions of Subsection (5) is guilty of a class Cmisdemeanor.
(7) The division or the peace officer who seizes a vehicle shall record the mileage shownon 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 164, 2008 General Session
Amended by Chapter 382, 2008 General Session