Section R907-63-2 - Procedure to Collect for Damage to Structures and Highways(1) Upon notification of damage to the Department's property, the Department will repair or replace damaged state structures and highway elements.(2) After the Department repairs or replaces damaged structures and highway elements under Subsection (1), the Department will invoice the owner of the vehicle or object causing the damage the total costs of repairing or replacing the damaged property.(a) If the person directly responsible for causing the damage does not own the vehicle or object causing the damage, the Department will invoice the person responsible for causing the damage the total costs of repairing or replacing the damaged property as well as the owner.(b) The owner and operator are jointly and severally liable under Subsection (2) for any damage caused to highway structures and elements by the operation or movement of the vehicle or object.(3) If a vehicle damages a state structure or highway element, the owner of the vehicle or object causing the damage or the person directly responsible for causing the damage must reimburse the Department for the total cost of repairing the damage. Except for replacing a damaged motor vehicle, the costs described in Subsection (2) may not be reduced based on the depreciated value of the damaged property when the damage occurs.(4) If the Department does not receive a total amount invoiced in Subsection (2) within 120 days of the date of the invoice, the Department may pursue reimbursement by one of the following means: (a) The Department may pursue collection of a delinquent account under Sections 63A-3-301 through 63A-3-310, Accounts Receivable Collection.(b) The Department may tender the account to a collection agency for immediate collection.(5) In cases where the full payment of an invoice will cause undue financial pressure, the owner of the vehicle or person responsible for the damage may arrange to make installment payments on the debt.Utah Admin. Code R907-63-2
Amended by Utah State Bulletin Number 2016-18, effective 8/23/2016Amended by Utah State Bulletin Number 2022-04, effective 2/7/2022