41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
(1) If a vehicle, vessel, or outboard motor is impounded as provided under Section,,,,, orby an order of a peace officer or by an order of a person acting on behalf of a law enforcement agency or highway authority, the impoundment of the vehicle, vessel, or outboard motor shall be at the expense of the owner. 41-1a-1101 41-6a-210 41-6a-527 41-6a-1405 41-6a-1408 73-18-20.1
(2) The vehicle, vessel, or outboard motor described in Subsectionshall be impounded to a state impound yard. (1)
(3) The peace officer may move a vehicle, vessel, or outboard motor or cause the vehicle, vessel, or outboard motor to be removed by a tow truck motor carrier that meets standards established: under Title 72, Chapter 9, Motor Carrier Safety Act; and by the department under Subsection. (11)
(4) A report described in this Subsectionis required for a vehicle, vessel, or outboard motor that is impounded as described in Subsection. (4) (1) Before noon on the next business day after the date of the removal of the vehicle, vessel, or outboard motor, a report of the impoundment shall be sent to the Motor Vehicle Division, in an electronic format approved by the Motor Vehicle Division, by: the peace officer or agency by whom the peace officer is employed; and the tow truck operator or the tow truck motor carrier by whom the tow truck operator is employed. The report shall be in a form specified by the Motor Vehicle Division and shall include: the operator's name, if known; a description of the vehicle, vessel, or outboard motor; the vehicle identification number or vessel or outboard motor identification number; the case number designated by the peace officer, law enforcement agency number, or government entity; the license number, temporary permit number, or other identification number issued by a state agency; the date, time, and place of impoundment; the reason for removal or impoundment; the name of the tow truck motor carrier who removed the vehicle, vessel, or outboard motor; and the place where the vehicle, vessel, or outboard motor is stored. If the form described in Subsectiondoes not include the reason for the removal or impoundment described in Subsection, the peace officer and tow truck operator described in Subsectionshall note "other" as the reason for the removal or impoundment. (4)(c) (4)(c)(vii) (4)(b) The commission shall update the form described in Subsectionto include operating a vehicle without a driving credential as a reason for impoundment as described in Subsectionno later than December 31, 2026. (4)(c) 41-1a-1101(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Tax Commission shall make rules to establish proper format and information required on the form described in this Subsection. (4) The State Tax Commission shall ensure that the form described in this Subsectionis provided in an electronic format. (4) Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection, a tow truck motor carrier or impound yard may not: (4) collect the fees associated with the removal; and begin charging storage fees.
(5) A report described in this Subsectionis required for a vehicle, vessel, or outboard motor that is removed, except for: (5) a vehicle, vessel, or outboard motor that is impounded for a reason described in Subsection; or (1) a vehicle, vessel, or outboard motor for which a removal is performed in accordance with Section. 72-9-603 For a removal described in Subsection, the relevant law enforcement officer shall provide documentation to the tow truck operator or tow truck motor carrier that includes: (5)(a) the name and badge number of the peace officer; the name and originating agency identifier of the law enforcement agency; and the case number designated by the law enforcement officer or law enforcement agency. For a removal described in Subsection, before noon on the next business day following the date of the removal of the vehicle, vessel, or outboard motor, the tow truck operator or tow truck motor carrier shall send to the Motor Vehicle Division in an electronic format approved by the Motor Vehicle Division: (5)(a) the report described in Subsection; or (4) the report described in Subsection. (5)(d) For a removal described in Subsection, if the tow truck operator or tow truck motor carrier does not provide the report described in Subsection, the tow truck operator or tow truck motor carrier shall provide a report to the Motor Vehicle Division that includes: (5)(a) (4) the name and badge number of the relevant peace officer; the name and originating agency identifier of the law enforcement agency; the law enforcement agency case number; subject to Subsection, the vehicle identification number and the license number, temporary permit number, or other identification number issued by a state agency; (5)(e) the date and time of the removal of the vehicle, vessel, or outboard motor; and the reason for the removal of the vehicle, vessel, or outboard motor. If the vehicle identification number, license number, temporary permit number, or other identification number issued by a state agency is not available, the report shall include: as much information as is available from both the vehicle identification number and the license plate number of the vehicle, vessel, or outboard motor; and a description of the vehicle, vessel, or outboard motor, including the color, make, model, and model year of the vehicle, vessel, or outboard motor. Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection, a tow truck motor carrier may not: (5) collect the fees associated with the removal; or begin charging storage fees. A vehicle, vessel, or outboard motor removed under this Subsectionshall be removed to: (5) a state impound yard; or a location that has been requested by the registered owner at the time of removal, if payment is made to the tow truck motor carrier or tow truck operator at the time of removal. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Tax Commission may make rules to establish proper format and information required on the form described in Subsection, including submission in an electronic format. (5)(d)
(6) Except as provided in Subsectionand upon receipt of a report described in Subsectionor, the Motor Vehicle Division shall give notice, in the manner described in Section, to the following parties with an interest in the vehicle, vessel, or outboard motor, as applicable: (6)(d) (4) (5) 41-1a-114 the registered owner; all lien holders; or a dealer, as defined in Section, if the vehicle, vessel, or outboard motor is currently operating under a temporary permit issued by the dealer, as described in Section. 41-1a-102 41-3-302 The notice shall: state the date, time, and place of removal, the name, if applicable, of the person operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal, and the place where the vehicle, vessel, or outboard motor is stored; state that the registered owner is responsible for payment of towing, impound, and storage fees charged against the vehicle, vessel, or outboard motor; state the conditions that must be satisfied before the vehicle, vessel, or outboard motor is released; and inform the parties described in Subsectionof the division's intent to sell the vehicle, vessel, or outboard motor, if, within 30 days after the day on which the vehicle, vessel, or outboard motor was removed or impounded under this section, one of the parties fails to make a claim for release of the vehicle, vessel, or outboard motor. (6)(a) Except as provided in Subsectionand if the vehicle, vessel, or outboard motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort to notify the parties described in Subsectionof the removal and the place where the vehicle, vessel, or outboard motor is stored. (6)(d) (6)(a) The Motor Vehicle Division is not required to give notice under this Subsectionif a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck service in accordance with Subsection. (6) 72-9-603(1)(a)(i) The Motor Vehicle Division shall disclose the information in the report described in Subsectionand Subsectionto a designated agent as defined in Sectionregarding a tow that was initiated: (4) 72-9-603(1)(a)(i) 41-12a-802 by law enforcement; or without the vehicle owner's consent. The Motor Vehicle Division may rely on the information provided by the tow truck operator or tow truck motor carrier to determine if a tow meets the criteria described in Subsectionsand. (6)(e)(i)(A) (B) The designated agent may disclose information received regarding a tow described in Subsectionsandto the vehicle owner and to the vehicle owner's verified insurance company. (6)(e)(i)(A) (B) The designated agent may not disclose information to a vehicle owner's insurance company if the tow does not meet the criteria described in Subsectionsand. (6)(e)(i)(A) (B)
(7) The vehicle, vessel, or outboard motor impounded or removed to a state impound yard as described in this section shall be released after a party described in Subsectionor: (6)(a) (7)(f) makes a claim for release of the vehicle, vessel, or outboard motor at an office of the State Tax Commission; presents identification sufficient to prove ownership of the impounded or removed vehicle, vessel, or outboard motor; completes the registration, if needed, and pays the appropriate fees; if the impoundment was made under Sectionor Subsection, pays: 41-6a-527 41-1a-1101(3) an administrative impound fee of $600; and in addition to the administrative fee described in Subsection, an administrative testing fee of $60; and (7)(a)(iv)(A) pays all towing and storage fees to the place where the vehicle, vessel, or outboard motor is stored. Twenty-nine dollars of the administrative impound fee assessed under Subsectionshall be dedicated credits to the Motor Vehicle Division. (7)(a)(iv)(A) One-hundred eighty-seven dollars of the administrative impound fee assessed under Subsectionshall be deposited into the Department of Public Safety Restricted Account created in Section. (7)(a)(iv)(A) 53-3-106 Twenty dollars of the administrative impound fee assessed under Subsectionshall be deposited into the Brain and Spinal Cord Injury Fund created in Section. (7)(a)(iv)(A) 26B-1-318 After the distributions described in Subsectionsthrough (iii), the remainder of the administrative impound fee assessed under Subsectionshall be deposited into the General Fund. (7)(b)(i) (7)(a)(iv)(A) The administrative testing fee described in Subsectionshall be deposited into the State Laboratory Drug Testing Account created in Section. (7)(a)(iv)(B) 26B-1-304 The administrative impound fee and the administrative testing fee assessed under Subsectionshall be waived or refunded by the State Tax Commission if the registered owner, lien holder, or owner's agent presents written evidence to the State Tax Commission that: (7)(a)(iv) the Driver License Division determined that the arrested person's driver license should not be suspended or revoked under Sectionoras shown by a letter or other report from the Driver License Division presented within 180 days after the day on which the Driver License Division mailed the final notification; or 53-3-223 41-6a-521 the vehicle was stolen at the time of the impoundment as shown by a copy of the stolen vehicle report presented within 180 days after the day on which the vehicle was impounded. A tow truck operator, a tow truck motor carrier, and an impound yard shall accept payment by cash and debit or credit card for a removal or impoundment under Subsectionor service rendered, performed, or supplied in connection with a removal or impoundment under Subsection. (1) (1) Except as provided in Subsection, an impound yard may not release a vehicle unless an individual with a driving credential, as defined in Section, is present and able to operate the vehicle. (7)(f)(ii) 41-1a-1101 The owner of an impounded vehicle may not be charged a fee for the storage of the impounded vehicle, vessel, or outboard motor if: the vehicle, vessel, or outboard motor is being held as evidence; and the vehicle, vessel, or outboard motor is not being released to a party described in Subsection, even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under this Subsection. (6)(a) (7) In addition to the parties described in Subsection, the vehicle, vessel, or outboard motor impounded or removed to a state impound yard as described in this section shall be released to an individual that is not described in Subsectionif the individual: (6)(a) (6)(a) satisfies the requirements of Subsectionsandthrough (v); (7)(a)(i) (7)(a)(iii) presents the individual's driver license or other government-issued identification; and demonstrates that the individual has authority granted by a person described in Subsectionto obtain and operate the vehicle; or (6)(a) is a tow truck operator or tow truck motor carrier that: demonstrates that the tow truck operator or tow truck motor carrier has authority granted by a person described in Subsectionto obtain and operate the vehicle, vessel, or outboard motor; (6)(a) provides the driver's tow truck operator certificate issued by the Department of Transportation in accordance with Section; 72-9-602 pays all towing and storage fees; and obtains or presents an impound release for the vehicle, vessel, or outboard motor in accordance with Subsection. (7)(a)
(8) For an impounded or a removed vehicle, vessel, or outboard motor not claimed by a party described in Subsectionorwithin the time described in Section, the Motor Vehicle Division shall issue a certificate of sale for the impounded or removed vehicle, vessel, or outboard motor as described in Section. (6)(a) (7)(f) 41-1a-1103 41-1a-1103 The date of impoundment or removal is considered the date of seizure for computing the time period described in Section. 41-1a-1103
(9) A party described in Subsectionthat pays all fees and charges incurred in the impoundment or removal of the owner's vehicle, vessel, or outboard motor has a cause of action for all the fees and charges, together with damages, court costs, and attorney fees, against the operator of the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment. (6)(a)
(10) As used in this Subsection, "life essential item" means the same as that term is defined in Subsection. (10) 72-9-603(13) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel, or outboard motor. Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and nonlife essential items contained in the vehicle, vessel, or outboard motor. Except for a vehicle, vessel, or outboard motor being held as evidence, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a person described in Subsectionor an individual described in Subsectionto take possession of life essential items within the vehicle, vessel, or outboard motor during normal business hours regardless of whether the towing, impound fees, or storage fees have been paid. (6)(a) (7)(f)(i) Except for a vehicle, vessel, or outboard motor being held as evidence, upon payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a person described in Subsectionor an individual described in Subsectionto enter the vehicle, vessel, or outboard motor during normal business hours and remove personal property not attached to the vehicle, vessel, or outboard motor. (6)(a) (7)(f)(i)
(11) If the tow truck motor carrier, tow truck operator, or state impound yard fails to release the vehicle, vessel, or outboard motor in accordance with Subsection, the individual acting on behalf of the tow truck motor carrier, tow truck operator, or state impound yard may be charged with a violation described in Section. (7) 41-1a-1314 Subsectionmay be enforced by: (11)(a) a local law enforcement agency; Utah Highway Patrol; or the Motor Vehicle Enforcement Division created in Section. 41-3-104
(12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules setting the performance standards for towing companies to be used by the department.
(13) The Motor Vehicle Division may specify that a report required under Subsectionbe submitted in electronic form utilizing a database for submission, storage, and retrieval of the information. (4) Unless otherwise provided by statute, the Motor Vehicle Division or the administrator of the database may adopt a schedule of fees assessed for utilizing the database. The fees under this Subsectionshall: (13)(b) be reasonable and fair; and reflect the cost of administering the database.