41-12a-302. Operating motor vehicle without owner's or operator's security -- Penalty.
(1) As used in this section: "Evidence of owner's or operator's security" means the following information regarding a motor vehicle: a copy of an operator's valid: insurance policy; insurance policy declaration page; binder notice; renewal notice; or card issued by an insurance company as evidence of insurance; a certificate of insurance issued under Section; 41-12a-402 a certified copy of a surety bond issued under Section; 41-12a-405 a certificate of the state treasurer issued under Section; 41-12a-406 a certificate of self-funded coverage issued under Section; 41-12a-407 if the motor vehicle is owned by a rental company, the rental vehicle's rental agreement; or information that the vehicle or driver is insured from the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured Motorist Identification Database Program. "Rental agreement" means the same as that term is defined in Section. 31A-22-311 "Rental company" means the same as that term is defined in Section. 31A-22-311
(2) An actor commits operating a motor vehicle without owner's or operator's security if the actor: is the owner of a motor vehicle for which owner's or operator's security is required under Section; and 41-12a-301 operates the vehicle on a highway in Utah without owner's or operator's security being in effect; or permits the vehicle to be operated on a highway in Utah without owner's or operator's security being in effect; operates a motor vehicle for which owner's or operator's security is required under Sectionupon a highway in Utah; and 41-12a-301 knows that the owner of the motor vehicle does not have owner's or operator's security in effect; or operates a motor vehicle for which owner's or operator's security is required under Sectionupon a highway in Utah; 41-12a-301 does not have evidence of owner's or operator's security in the actor's immediate possession for the motor vehicle; and fails to display evidence of owner's or operator's security upon demand of a peace officer.
(3) A violation of Subsectionis a class C misdemeanor. (2)
(4) Except as provided in Subsection, for a conviction under this section, a court shall order a fine of not less than $400. (4)(b) A court may waive up to $300 of the fine charged to the owner of a motor vehicle under Subsectionif, before sentencing, the owner demonstrates that owner's or operator's security required under Sectionwas obtained after the violation. (4)(a)(i) 41-12a-301 For a second and subsequent offense within three years of a previous conviction under this section, a court shall order a fine of not less than $1,000.
(5) An actor does not violate Subsectionif the actor has in effect owner's security on a Utah-registered motor vehicle or an equivalent that covers the operation, by the actor, of the motor vehicle the actor is operating. (2)(b)
(6) It is an affirmative defense to a charge or in an administrative action for a violation of Subsectionthat the actor had owner's or operator's security in effect for the vehicle that the actor was operating at the time of the actor's citation or arrest. (2)(c) Subsectiondoes not apply to an individual operating: (2)(c) a government-owned or government-leased motor vehicle; or an employer-owned or employer-leased motor vehicle and is driving the motor vehicle with the employer's permission. An actor may provide to a peace officer evidence of owner's or operator's security as described in Subsectionin: (2)(c) a hard copy format; or an electronic format using a mobile electronic device. If an actor provides evidence of owner's or operator's security in an electronic format using a mobile electronic device under Subsection, the peace officer viewing the owner's or operator's security on the mobile electronic device may not view any other content on the mobile electronic device. (6)(c)(i)(B) Notwithstanding any other provision under this section, a peace officer is not subject to civil liability or criminal penalties under this section if the peace officer, while viewing the owner's or operator's security on the mobile electronic device under Subsection (6)(c)(i)(B) inadvertently views content other than the evidence of owner's or operator's security on the mobile electronic device. Information from the Uninsured Motorist Identification Database Program described under Subsectionsupersedes any evidence of owner's or operator's security described under Subsectionor. (1)(a)(vii) (1)(a)(i)(D) (E) A peace officer may not cite or arrest an actor for a violation of Subsectionif the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured Motorist Identification Database Program, information indicates that the vehicle or driver is insured. (2)(c)
(7) The following are proof of owner's or operator's security that can be submitted as part of the affirmative defense described in Subsection (6)(a) and under Section: 41-12a-804 evidence of owner's or operator's security; a written statement from an insurance producer or company verifying that the actor had the required motor vehicle insurance coverage on the date specified; or a written statement from an insurance producer or company, or provision in an insurance policy, indicating that the policy provides coverage for a newly purchased car and the coverage extended to the date specified. A court considering a citation for a violation of Subsectionshall allow the evidence or a written statement under Subsectionand a copy of the citation to be electronically submitted or mailed to the clerk of the court to satisfy Subsection (6)(a). (2)(c) (7)(a) The notice under Sectionshall specify that the written statement under Subsectionand a copy of the notice shall be faxed or mailed to the designated agent to satisfy the proof of owner's or operator's security required under Section. 41-12a-804 (7)(a) 41-12a-804
(8) Upon receiving notification from a court of a conviction for a violation of this section, the department: shall suspend the actor's driver license; and may not renew the actor's driver license or issue a driver license to the actor until the actor gives the department proof of owner's or operator's security. The proof of owner's or operator's security described in Subsectionshall: (8)(a)(ii) be given by any of the ways required under Section; and 41-12a-401 be maintained with the department for a three-year period. An insurer that provides a certificate of insurance as provided under Sectionormay not terminate the insurance policy unless notice of termination is filed with the department no later than 10 days after termination as required under Section. 41-12a-402 41-12a-403 41-12a-404 The department shall: suspend the actor's driver license for the remainder of the three-year period if the department is notified that security required in Subsection (8)(b) is no longer valid; and may not reinstate the actor's driver license or issue a driver license to the actor until the actor gives the department proof of owner's or operator's security for the remainder of the three-year period.
(9) A card issued by an insurance company as evidence of owner's or operator's security under Subsectionmay not display the owner's or operator's address on the card. (1)(a)(i)(E)