Section 41-1a-1101 - Seizure - Circumstances where permitted - Impound lot standards(1) As used in this section: (a)(i) "Criminal offense" means a class B misdemeanor offense, a class A misdemeanor offense, or a felony offense.(ii) "Criminal offense" includes:(A) a class B misdemeanor offense, a class A misdemeanor offense, or a felony offense described in Chapter 6a, Traffic Code, Title 53, Chapter 3, Part 2, Driver Licensing Act, Title 73, Chapter 18, State Boating Act, or Title 76, Utah Criminal Code; and(B) a local ordinance that is a class B misdemeanor and is substantially similar to an offense listed in Subsection (1)(a)(ii)(A).(b) "Operator" means the same as that term is defined in Section 41-6a-102.(c) "Road rage event" means the commission of a criminal offense: (i) by an operator of a vehicle;(ii) in response to an incident that occurs or escalates upon a roadway; and(iii) with the intent to endanger or intimidate an individual in another vehicle.(d) "Roadway" means: (ii) a private road or driveway as defined in Section 41-6a-102.(2) The division or any peace officer, without a warrant, may seize and take possession of any vehicle, vessel, or outboard motor:(a) that the division or the peace officer has probable cause to believe has been stolen;(b) on which any identification number has been defaced, altered, or obliterated;(c) that has been abandoned in accordance with Section 41-6a-1408;(d) for which the applicant has written a check for registration or title fees that has not been honored by the applicant's bank and that is not paid within 30 days;(e) that is placed on the water with improper registration;(f) that is being operated on a highway: (i) with registration that has been expired for more than three months;(ii) having never been properly registered by the current owner; or(iii) with registration that is suspended or revoked; or(g)(i) that the division or the peace officer has probable cause to believe has been involved in an accident described in Section 41-6a-401, 41-6a-401.3, or 41-6a-401.5; and(ii) whose operator did not remain at the scene of the accident until the operator fulfilled the requirements described in Section 41-6a-401 or 41-6a-401.7.(3)(a) The division or a peace officer shall seize and take possession of a vehicle, without a warrant, when:(i) the division or the peace officer has probable cause to believe that an operator of the vehicle engaged in a road rage event; and(ii) the operator of the vehicle has been arrested in conjunction with the road rage event.(b) A peace officer may release a vehicle seized and possessed under Subsection (3)(a) to the registered owner of the vehicle if the registered owner is not the individual subject to arrest under Subsection (3)(a) and is immediately available, at the location of the arrest, to take possession of the vehicle.(4)(a) Subject to the restriction in Subsection (4)(b), the division or any peace officer, without a warrant:(i) shall seize and take possession of any vehicle that is being operated on a highway without owner's or operator's security in effect for the vehicle as required under Section 41-12a-301 and the vehicle was involved in an accident; or(ii) may seize and take possession of any vehicle that is being operated on a highway without owner's or operator's security in effect for the vehicle as required under Section 41-12a-301 after the division or any peace officer makes a reasonable determination whether the vehicle would:(A) present a public safety concern to the operator or any of the occupants in the vehicle; or(B) prevent the division or the peace officer from addressing other public safety considerations.(b) The division or any peace officer may not seize and take possession of a vehicle under Subsection (4)(a): (i) if the operator of the vehicle is not carrying evidence of owner's or operator's security as defined in Section 41-12a-303.2 in the vehicle unless the division or peace officer verifies that owner's or operator's security is not in effect for the vehicle through the Uninsured Motorist Identification Database created in accordance with Section 41-12a-803; or(ii) if the operator of the vehicle is carrying evidence of owner's or operator's security as defined in Section 41-12a-303.2 in the vehicle and the Uninsured Motorist Identification Database created in accordance with Section 41-12a-803 indicates that the owner's or operator's security is not in effect for the vehicle, unless the division or a peace officer makes a reasonable attempt to independently verify that owner's or operator's security is not in effect for the vehicle.(5) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to transport and store the vessel.(6) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor under this section shall comply with the provisions of Section 41-6a-1406.(7)(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 impound yards that may be used by peace officers and the division.(b) The standards shall be equitable, reasonable, and unrestrictive as to the number of public garages, impound lots, or impound yards per geographical area.(c) A crusher, dismantler, or salvage dealer may not operate as a state impound yard unless the crusher, dismantler, or salvage dealer meets all of the requirements for a state impound yard set forth in this section and rules made in accordance with Subsection (7)(a).(d)(i) Rules made by the commission shall include a requirement that a state impound yard have opaque fencing on any side of the state impound yard that has frontage with a highway.(ii) The opaque fencing described in Subsection (7)(d)(i) may be opaque chain link fencing.(8)(a) Except as provided under Subsection (8)(b), a person may not operate or allow to be operated a vehicle stored in a public garage, impound lot, or impound yard regulated under this 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 parking space to another within the facility and that is necessary for the normal management of the facility is not prohibited under Subsection (8)(a).(9) A person who violates the provisions of Subsection (8) is guilty of a class C misdemeanor.(10) The division or the peace officer who seizes a vehicle shall record the mileage shown on 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 319, 2024 General Session ,§ 2, eff. 7/1/2024.Amended by Chapter 373, 2019 General Session ,§ 2, eff. 5/14/2019.Amended by Chapter 29, 2018 General Session ,§ 1, eff. 5/8/2018.Amended by Chapter 416, 2017 General Session ,§ 1, eff. 5/9/2017.Amended by Chapter 382, 2014 General Session ,§ 1, eff. 1/1/2015.Amended by Chapter 246, 2011 General Session