(A) by law enforcement; or (B) without the vehicle owner's consent. (ii) 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 Subsections (6) (e)(i)(A) and (B). (iii) The designated agent may disclose information received regarding a tow described in Subsections (6)(e)(i)(A) and (B) to the vehicle owner and to the vehicle owner's verified insurance company. (iv) The designated agent may not disclose information to a vehicle owner's insurance company if the tow does not meet the criteria described in Subsections (6)(e)(i)(A) and (B). (7) (a) 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 Subsection (6)(a) or (7) (f): (i) makes a claim for release of the vehicle, vessel, or outboard motor at an office of the State Tax Commission; (ii) presents identification sufficient to prove ownership of the impounded or removed vehicle, vessel, or outboard motor; (iii) completes the registration, if needed, and pays the appropriate fees; (iv) if the impoundment was made under Section 41-6a-527 or Subsection 41-1a-1101(3), pays: (A) an administrative impound fee of $600; and (B) in addition to the administrative fee described in Subsection (7)(a)(iv)(A), an administrative testing fee of $60; and (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard motor is stored. (b) (i) Twenty-nine dollars of the administrative impound fee assessed under Subsection (7)(a)(iv) (A) shall be dedicated credits to the Motor Vehicle Division. (ii) One-hundred eighty-seven dollars of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be deposited into the Department of Public Safety Restricted Account created in Section 53-3-106. (iii) Twenty dollars of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be deposited into the Brain and Spinal Cord Injury Fund created in Section 26B-1-318. (iv) After the distributions described in Subsections (7)(b)(i) through (iii), the remainder of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be deposited into the General Fund. (v) The administrative testing fee described in Subsection (7)(a)(iv)(B) shall be deposited into the State Laboratory Drug Testing Account created in Section 26B-1-304. (c) The administrative impound fee and the administrative testing fee assessed under Subsection (7)(a)(iv) shall 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: (i) the Driver License Division determined that the arrested person's driver license should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as 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 (ii) 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. (d) (i) 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 Subsection (1) or service rendered, performed, or supplied in connection with a removal or impoundment under Subsection (1). (ii) Except as provided in Subsection (7)(f)(ii), an impound yard may not release a vehicle unless an individual with a driving credential, as defined in Section 41-1a-1101, is present and able to operate the vehicle. (e) The owner of an impounded vehicle may not be charged a fee for the storage of the impounded vehicle, vessel, or outboard motor if: (i) the vehicle, vessel, or outboard motor is being held as evidence; and (ii) the vehicle, vessel, or outboard motor is not being released to a party described in Subsection (6)(a), even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under this Subsection (7). (f) In addition to the parties described in Subsection (6)(a), 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 Subsection (6)(a) if the individual: (i) (A) satisfies the requirements of Subsections (7)(a)(i) and (7)(a)(iii) through (v); (B) presents the individual's driver license or other government-issued identification; and (C) demonstrates that the individual has authority granted by a person described in Subsection (6)(a) to obtain and operate the vehicle; or (ii) is a tow truck operator or tow truck motor carrier that: (A) demonstrates that the tow truck operator or tow truck motor carrier has authority granted by a person described in Subsection (6)(a) to obtain and operate the vehicle, vessel, or outboard motor; (B) provides the driver's tow truck operator certificate issued by the Department of Transportation in accordance with Section 72-9-602; (C) pays all towing and storage fees; and (D) obtains or presents an impound release for the vehicle, vessel, or outboard motor in accordance with Subsection (7)(a). (8) (a) For an impounded or a removed vehicle, vessel, or outboard motor not claimed by a party described in Subsection (6)(a) or (7)(f) within the time described in Section 41-1a-1103, the Motor Vehicle Division shall issue a certificate of sale for the impounded or removed vehicle, vessel, or outboard motor as described in Section 41-1a-1103. (b) 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 Subsection (6)(a) that 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. (10) (a) As used in this Subsection (10), "life essential item" means the same as that term is defined in Subsection 72-9-603(13). (b) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel, or outboard motor. (c) 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. (d) 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 Subsection (6)(a) or an individual described in Subsection (7)(f)(i) to 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. (e) 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 Subsection (6)(a) or an individual described in Subsection (7)(f)(i) to enter the vehicle, vessel, or outboard motor during normal business hours and remove personal property not attached to the vehicle, vessel, or outboard motor. (11) (a) 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 (7), 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 41-1a-1314. (b) Subsection (11)(a) may be enforced by: (i) a local law enforcement agency; (ii) Utah Highway Patrol; or (iii) 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) (a) The Motor Vehicle Division may specify that a report required under Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and retrieval of the information. (b) (i) 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. (ii) The fees under this Subsection (13)(b) shall: (A) be reasonable and fair; and (B) reflect the cost of administering the database.
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