(ii) does not have evidence of owner's or operator's security in the actor's immediate possession for the motor vehicle; and (iii) fails to display evidence of owner's or operator's security upon demand of a peace officer. (3) A violation of Subsection (2) is a class C misdemeanor. (4) (a) (i) Except as provided in Subsection (4)(b), for a conviction under this section, a court shall order a fine of not less than $400. (ii) A court may waive up to $300 of the fine charged to the owner of a motor vehicle under Subsection (4)(a)(i) if, before sentencing, the owner demonstrates that owner's or operator's security required under Section 41-12a-301 was obtained after the violation. (b) 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 Subsection (2)(b) if 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. (6) (a) It is an affirmative defense to a charge or in an administrative action for a violation of Subsection (2)(c) that 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. (b) Subsection (2)(c) does not apply to an individual operating: (i) a government-owned or government-leased motor vehicle; or (ii) an employer-owned or employer-leased motor vehicle and is driving the motor vehicle with the employer's permission. (c) (i) An actor may provide to a peace officer evidence of owner's or operator's security as described in Subsection (2)(c) in: (A) a hard copy format; or (B) an electronic format using a mobile electronic device. (ii) (A) If an actor provides evidence of owner's or operator's security in an electronic format using a mobile electronic device under Subsection (6)(c)(i)(B), 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. (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. (d) Information from the Uninsured Motorist Identification Database Program described under Subsection (1)(a)(vii) supersedes any evidence of owner's or operator's security described under Subsection (1)(a)(i)(D) or (E). (e) A peace officer may not cite or arrest an actor for a violation of Subsection (2)(c) if 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. (7) (a) 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: (i) evidence of owner's or operator's security; (ii) 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 (iii) 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. (b) A court considering a citation for a violation of Subsection (2)(c) shall allow the evidence or a written statement under Subsection (7)(a) and a copy of the citation to be electronically submitted or mailed to the clerk of the court to satisfy Subsection (6)(a). (c) The notice under Section 41-12a-804 shall specify that the written statement under Subsection (7)(a) and 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. (8) (a) Upon receiving notification from a court of a conviction for a violation of this section, the department: (i) shall suspend the actor's driver license; and (ii) 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. (b) The proof of owner's or operator's security described in Subsection (8)(a)(ii) shall: (i) be given by any of the ways required under Section 41-12a-401; and (ii) be maintained with the department for a three-year period. (c) An insurer that provides a certificate of insurance as provided under Section 41-12a-402 or
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