requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking. (1) If a vehicle, vessel, or outboard motor is impounded as provided under Section 41-1a-1101, 41-6a-210, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by 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. (2) The vehicle, vessel, or outboard motor described in Subsection (1) shall be impounded to a state impound yard. (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: (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and (b) by the department under Subsection (11). (4) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or outboard motor that is impounded as described in Subsection (1). (b) 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: (i) the peace officer or agency by whom the peace officer is employed; and (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck operator is employed. (c) The report shall be in a form specified by the Motor Vehicle Division and shall include: (i) the operator's name, if known; (ii) a description of the vehicle, vessel, or outboard motor; (iii) the vehicle identification number or vessel or outboard motor identification number; (iv) the case number designated by the peace officer, law enforcement agency number, or government entity; (v) the license number, temporary permit number, or other identification number issued by a state agency; (vi) the date, time, and place of impoundment; (vii) the reason for removal or impoundment; (viii) the name of the tow truck motor carrier who removed the vehicle, vessel, or outboard motor; and (ix) the place where the vehicle, vessel, or outboard motor is stored. (d) (i) If the form described in Subsection (4)(c) does not include the reason for the removal or impoundment described in Subsection (4)(c)(vii), the peace officer and tow truck operator described in Subsection (4)(b) shall note "other" as the reason for the removal or impoundment. (ii) The commission shall update the form described in Subsection (4)(c) to include operating a vehicle without a driving credential as a reason for impoundment as described in Subsection 41-1a-1101(3) no later than December 31, 2026. (e) (i) 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). (ii) The State Tax Commission shall ensure that the form described in this Subsection (4) is provided in an electronic format. (f) Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection (4), a tow truck motor carrier or impound yard may not: (i) collect the fees associated with the removal; and (ii) begin charging storage fees. (5) (a) A report described in this Subsection (5) is required for a vehicle, vessel, or outboard motor that is removed, except for: (i) a vehicle, vessel, or outboard motor that is impounded for a reason described in Subsection (1); or (ii) a vehicle, vessel, or outboard motor for which a removal is performed in accordance with Section 72-9-603. (b) For a removal described in Subsection (5)(a), the relevant law enforcement officer shall provide documentation to the tow truck operator or tow truck motor carrier that includes: (i) the name and badge number of the peace officer; (ii) the name and originating agency identifier of the law enforcement agency; and (iii) the case number designated by the law enforcement officer or law enforcement agency. (c) For a removal described in Subsection (5)(a), 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: (i) the report described in Subsection (4); or (ii) the report described in Subsection (5)(d). (d) For a removal described in Subsection (5)(a), if the tow truck operator or tow truck motor carrier does not provide the report described in Subsection (4), the tow truck operator or tow truck motor carrier shall provide a report to the Motor Vehicle Division that includes: (i) the name and badge number of the relevant peace officer; (ii) the name and originating agency identifier of the law enforcement agency; (iii) the law enforcement agency case number; (iv) subject to Subsection (5)(e), the vehicle identification number and the license number, temporary permit number, or other identification number issued by a state agency; (v) the date and time of the removal of the vehicle, vessel, or outboard motor; and (vi) the reason for the removal of the vehicle, vessel, or outboard motor. (e) 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: (i) 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 (ii) a description of the vehicle, vessel, or outboard motor, including the color, make, model, and model year of the vehicle, vessel, or outboard motor. (f) Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection (5), a tow truck motor carrier may not: (i) collect the fees associated with the removal; or (ii) begin charging storage fees. (g) A vehicle, vessel, or outboard motor removed under this Subsection (5) shall be removed to: (i) a state impound yard; or (ii) 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. (h) 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 (5)(d), including submission in an electronic format. (6) (a) Except as provided in Subsection (6)(d) and upon receipt of a report described in Subsection (4) or (5), the Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the following parties with an interest in the vehicle, vessel, or outboard motor, as applicable: (i) the registered owner; (ii) all lien holders; or (iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor is currently operating under a temporary permit issued by the dealer, as described in Section 41-3-302. (b) The notice shall: (i) 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; (ii) state that the registered owner is responsible for payment of towing, impound, and storage fees charged against the vehicle, vessel, or outboard motor; (iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard motor is released; and (iv) inform the parties described in Subsection (6)(a) of 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. (c) Except as provided in Subsection (6)(d) and 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 Subsection (6)(a) of the removal and the place where the vehicle, vessel, or outboard motor is stored. (d) The Motor Vehicle Division is not required to give notice under this Subsection (6) if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck service in accordance with Subsection 72-9-603(1)(a)(i). (e) (i) The Motor Vehicle Division shall disclose the information in the report described in Subsection (4) and Subsection 72-9-603(1)(a)(i) to a designated agent as defined in Section
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