(1) As used in this section: (a) "Non-consent police generated tow" means the towing of a vehicle, vessel, or outboard motor made at the request of a peace officer, a person acting on behalf of a law enforcement agency, or a highway authority under: (i) Section 41-1a-1101; (ii) Section 41-6a-210; (iii) Section 41-6a-527; (iv) Section 41-6a-1405; (v) Section 41-6a-1406; (vi) Section 41-6a-1408; (vii) Section 73-18-20.1; or (viii) another provision of law. (b) "Non-consent police generated tow" does not include the towing of a vehicle, vessel, or outboard motor made at the request of a private individual where a peace officer assists the tow request. (2) (a) Except as described in Subsections (2)(b), (c), and (d), a tow truck motor carrier that conducts a non-consent police generated tow may not tow the vehicle, vessel, or outboard motor to an impound yard outside the county where the tow is initiated. (b) For a vehicle, vessel, or outboard motor impounded as described in Section 41-6a-1406 and held as evidence as requested by a peace officer or law enforcement agency, the vehicle, vessel, or outboard motor may be towed to an impound yard the peace officer or law enforcement agency chooses. (c) A peace officer, a person acting on behalf of a law enforcement agency, or a highway authority may direct a tow truck motor carrier conducting a non-consent police generated tow to tow the vehicle, vessel, or outboard motor to an impound yard in a county adjacent to the county where the tow was initiated if: (i) the impound yard in an adjacent county is closer to where the tow was initiated than the closest impound yard in the county where the tow was initiated; and (ii) a peace officer, a person acting on behalf of a law enforcement agency, or a highway authority informs the owner of the vehicle, vessel, or outboard motor of the location of the impound yard. (d) A tow truck motor carrier conducting a non-consent police generated tow may tow a vehicle, vessel, or outboard motor to an impound yard outside the county where the tow was initiated if: (i) an impound yard within the county where the tow is initiated is unavailable; or (ii) a tow truck motor carrier with an impound yard within the county where the tow initiated cannot respond in a reasonable time due to weather, road conditions, or a volume of requested tows.
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