Unlicensed Driver Amendments

18
41-1a-1101
41-6a-1406
53-3-202
53-3-203
53-3-221
53-25-802
63I-2-241
41-1a-1101
41-6a-1406
53-3-202
53-3-203
53-3-221
53-25-802
63I-2-241
0
Unlicensed Driver Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Daniel McCay

Cosponsor:
Stephanie Gricius
A. Cory Maloy
Tiara Auxier
Matthew H. Gwynn
Jordan D. Teuscher
Tyler Clancy
Trevor Lee
Ryan D. Wilcox
Paul A. Cutler
Karianne Lisonbee
LONG TITLE
General Description:
This bill addresses drivers without a driver license, driving privilege card, or learner permit.
Highlighted Provisions:
This bill:
defines terms;
modifies the circumstances in which law enforcement is required to impound a vehicle;
addresses identification of an individual who operates a vehicle without a valid driving
credential;
allows certain fees to be waived in certain circumstances;
modifies certain fees and the allocation of fee revenue;
amends certain penalties associated with driving without a driver license;
amends provisions related to administrative suspension of a driver license;
requires a vendor providing software service for a fingerprint device to ensure the
software is compatible with law enforcement database software; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-1a-1101
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 220
41-6a-1406
Effective
07/01/26
Partially Repealed
07/01/29
, as last amended by Laws
of Utah 2025, Chapter 378
53-3-202
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 229
53-3-203
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 390
53-3-221
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 296
53-25-802
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 252
63I-2-241
Effective
05/06/26
, as enacted by Laws of Utah 2024, Third Special Session,
Chapter 5
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
41-1a-1101
is amended to read:
41-1a-1101
Effective
05/06/26
. Seizure -- Circumstances where permitted --
Impound lot standards.
(1)
As used in this section:
(a)
(i)
"Criminal offense" means a class B misdemeanor offense, a class A
misdemeanor offense, or a felony offense.
(ii)
"Criminal offense" includes:
(A)
a class B misdemeanor offense, a class A misdemeanor offense, or a felony
offense described in Chapter 6a, Traffic Code, Title 53, Chapter 3, Part 2,
Driver Licensing Act, Title 73, Chapter 18, State Boating Act, or Title 76, Utah
Criminal Code; and
(B)
a local ordinance that is a class B misdemeanor and is substantially similar to
an offense listed in Subsection
(1)(a)(ii)(A)
.
(b)
"Driving credential" means:
(i)
a driver license, driving privilege card, or learner permit issued by the state in
accordance with Title 53, Chapter 3, Uniform Driver License Act; or
(ii)
a driver license issued by:
(A)
a state or territory of the United States;
(B)
the United States Department of State; or
(C)
a foreign country.
(b)
(c)
"Operator" means the same as that term is defined in Section
41-6a-102
.
(c)
(d)
"Road rage event" means the commission of a criminal offense:
(i)
by an operator of a vehicle;
(ii)
in response to an incident that occurs or escalates upon a roadway; and
(iii)
with the intent to endanger or intimidate an individual in another vehicle.
(d)
(e)
"Roadway" means:
(i)
a highway; or
(ii)
a private road or driveway as defined in Section
41-6a-102
.
(2)
The division or
any
a
peace officer, without a warrant, may seize and take possession
of
any
a
vehicle, vessel, or outboard motor:
(a)
that the division or the peace officer has probable cause to believe has been stolen;
(b)
on which
any
an
identification number has been defaced, altered, or obliterated;
(c)
that has been abandoned in accordance with Section
41-6a-1408
;
(d)
for which the applicant has written a check for registration or title fees that has not
been honored by the applicant's bank and that is not paid within 30 days;
(e)
that is placed on the water with improper registration;
(f)
that is being operated on a highway:
(i)
with registration that has been expired for more than three months;
(ii)
having never been properly registered by the current owner; or
(iii)
with registration that is suspended or revoked;
(g)
(i)
that the division or the peace officer has probable cause to believe has been
involved in an accident described in Section
41-6a-401
,
41-6a-401.3
, or
41-6a-401.5
; and
(ii)
whose operator did not remain at the scene of the accident until the operator
fulfilled the requirements described in Section
41-6a-401
or
41-6a-401.7
; or
(h)
if the division or peace officer has probable cause to believe that the operator:
(i)
failed to properly display the license plate on a motorcycle as described in Section
41-1a-404.1
; or
(ii)
used the motorcycle:
(A)
to perform a wheelie in violation of Section
41-6a-606.1
; or
(B)
to engage in lane splitting in violation of Section
41-6a-704.1
.
(3)
(a)
The division or a peace officer shall seize and take possession of a vehicle,
without a warrant, when:
(i)
the division or the peace officer has probable cause to believe that an operator of
the vehicle engaged in a road rage event; and
(ii)
the operator of the vehicle has been arrested in conjunction with the road rage
event.
(b)
(i)
Except as provided in Subsection
(3)(d)
, the division or a peace officer shall
seize and take possession of a vehicle, without a warrant, when an operator of a
vehicle does not have a driving credential in the operator's possession unless the
peace officer is able to verify that the operator has been issued a driving credential.
(ii)
Before seizing and taking possession of a vehicle as described in Subsection
(3)(b)(i)
, a peace officer shall query the Utah Criminal Justice Information System
to verify whether the operator has been issued a driving credential.
(b)
(c)
A peace officer may release a vehicle seized and possessed under Subsection
(3)(a)

or
(3)(b)

to the registered owner of the vehicle if the registered owner is not the
individual subject to arrest under Subsection
(3)(a)
or
(3)(b)
and is immediately
available, at the location of the arrest, to take possession of the vehicle.
(d)
The division or a peace officer is not required to seize and take possession of a
vehicle as described in Subsection
(3)(b)
if the division or a peace officer makes a
reasonable determination that:
(i)
the operator has been issued a driving credential that is expired;
(ii)
seizing the vehicle would create a public safety concern to the operator or an
occupant of the vehicle;
(iii)
seizing the vehicle would prevent the division or the peace officer from
addressing other public safety considerations;
(iv)
the operator is under 18 years old;
(v)
an occupant of the vehicle possesses a driving credential and is willing to operate
the vehicle; or
(vi)
an individual with a driving credential is reasonably available to pick up the
vehicle with permission of the registered owner.
(4)
(a)
Subject to
the restriction in
Subsection
(4)(b)
, the division or
any
a
peace
officer, without a warrant:
(i)
shall seize and take possession of
any
a
vehicle that is being operated on a
highway without owner's or operator's security in effect for the vehicle as required
under Section
41-12a-301
and the vehicle was involved in an accident; or
(ii)
may seize and take possession of
any
a
vehicle that is being operated on a
highway without owner's or operator's security in effect for the vehicle as required
under Section
41-12a-301
after the division or
any
a
peace officer makes a
reasonable determination whether the
seizure of the
vehicle would:
(A)
present a public safety concern to the operator or
any of the occupants in
an
occupant in
the vehicle; or
(B)
prevent the division or the peace officer from addressing other public safety
considerations.
(b)
The division or
any
a
peace officer may not seize and take possession of a vehicle
under Subsection
(4)(a)
:
(i)
if the operator of the vehicle is not carrying evidence of owner's or operator's
security as defined in Section
41-12a-303.2
in the vehicle
,
unless the division or
peace officer verifies that owner's or operator's security is not in effect for the
vehicle through the Uninsured Motorist Identification Database created in
accordance with Section
41-12a-803
; or
(ii)
if the operator of the vehicle is carrying evidence of owner's or operator's security
as defined in Section
41-12a-303.2
in the vehicle and the Uninsured Motorist
Identification Database created in accordance with Section
41-12a-803
indicates
that the owner's or operator's security is not in effect for the vehicle, unless the
division or a peace officer makes a reasonable attempt to independently verify that
owner's or operator's security is not in effect for the vehicle.
(5)
If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to
transport and store the vessel.
(6)
Any
A
peace officer seizing or taking possession of a vehicle, vessel, or outboard
motor under this section shall comply with the provisions of Section
41-6a-1406
.
(7)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission shall make rules setting standards for public garages, impound lots,
and impound yards that may be used by peace officers and the division.
(b)
The standards shall be equitable, reasonable, and unrestrictive as to the number of
public garages, impound lots, or impound yards per geographical area.
(c)
A crusher, dismantler, or salvage dealer may not operate as a state impound yard
unless the crusher, dismantler, or salvage dealer meets all of the requirements for a
state impound yard
set forth
described
in this section and rules made in accordance
with Subsection
(7)(a)
.
(d)
(i)
Rules made by the commission shall include a requirement that a state impound
yard have opaque fencing on
any
each
side of the state impound yard that has
frontage with a highway.
(ii)
The opaque fencing described in Subsection
(7)(d)(i)
may be opaque chain link
fencing.
(8)
(a)
Except as provided under Subsection
(8)(b)
, a person may not operate or allow to
be operated a vehicle stored in a public garage, impound lot, or impound yard
regulated under this part without prior written permission of the owner of the vehicle.
(b)
Incidental and necessary operation of a vehicle to move the vehicle from one parking
space to another within the facility and that is necessary for the normal management
of the facility is not prohibited under Subsection
(8)(a)
.
(9)
A person who violates
the provisions of
Subsection
(8)
is guilty of a class C
misdemeanor.
(10)
The division or the peace officer who seizes a vehicle shall record the mileage shown
on the vehicle's odometer at the time of seizure, if:
(a)
the vehicle is equipped with an odometer; and
(b)
the odometer reading is accessible to the division or the peace officer.
Section 2. Section
41-6a-1406
is amended to read:
41-6a-1406
Effective
07/01/26
Partially Repealed
07/01/29
. 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
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
under
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
it
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.
(d)
(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.
(e)
(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
any fee
the fees
associated with the removal; and
(ii)
begin charging storage fees.
(5)
(a)
A report described in this Subsection
(5)
is required for
any
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
either
the vehicle identification number
or the
,
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
any fee
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)
any lien holder
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
of the removal
or impoundment
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
41-12a-802
regarding a tow that was initiated:
(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
any
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
$425
$600
; and
(B)
in addition to the administrative fee described in Subsection
(7)(a)(iv)(A)
, an
administrative testing fee of
$30
$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 and forty-seven
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
of the impoundment
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
any
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 a towing certificate issued by the Department of Transportation
pursuant to
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
pursuant to
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
prescribed by
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
provided under
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
any
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
any
life essential
item
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)
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.
(12)
(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
(12)(b)
shall:
(A)
be reasonable and fair; and
(B)
reflect the cost of administering the database.
Section 3. Section
53-3-202
is amended to read:
53-3-202
Effective
05/06/26
. Drivers must be licensed -- Violation.
(1)
A human driver may not drive a motor vehicle or an autocycle on a highway in this state
unless the human driver is:
(a)
granted the privilege to operate a motor vehicle by being licensed as a driver by the
division under this chapter;
(b)
driving an official United States Government class D motor vehicle with a valid
United States Government driver permit or license for that type of vehicle;
(c)
(i)
driving a road roller, road machinery, or
any
farm tractor or implement of
husbandry temporarily drawn, moved, or propelled on the highways; and
(ii)
driving the vehicle described in Subsection
(1)(c)(i)
in conjunction with a
construction or agricultural activity;
(d)
a nonresident who is at least 16 years old and younger than 18 years old who has in
the nonresident's immediate possession a valid license certificate issued to the
nonresident in the nonresident's home state or country and is driving in the class or
classes identified on the home state license certificate, except those persons referred
to in
Part 6, Drivers' License Compact
, of this chapter;
(e)
a nonresident who is at least 18 years old and who has in the nonresident's immediate
possession a valid license certificate issued to the nonresident in the nonresident's
home state or country if driving in the class or classes identified on the home state
license certificate, except those persons referred to in
Part 6, Drivers' License
Compact
, of this chapter;
(f)
driving under a learner permit in accordance with Section
53-3-210.5
;
(g)
driving with a temporary license certificate issued in accordance with Section
53-3-207
; or
(h)
exempt under
Title 41, Chapter 22, Off-highway Vehicles
.
(2)
A human driver may not drive a motor vehicle or perform lateral or longitudinal vehicle
motion control for a vehicle being towed by another motor vehicle upon a highway
unless the human driver:
(a)
is licensed under this chapter to drive a motor vehicle of the type or class of motor
vehicle being towed; or
(b)
is exempted under either Subsection
(1)(b)
or
(1)(c)
.
(3)
(a)
A human driver may not drive a motor vehicle as a taxicab on a highway of this
state unless the person has a valid class D driver license issued by the division.
(b)
A human driver may not drive a motor vehicle as a private passenger carrier on a
highway of this state unless the human driver has:
(i)
a taxicab endorsement issued by the division on the human driver's license
certificate; or
(ii)
a commercial driver license with:
(A)
a taxicab endorsement;
(B)
a passenger endorsement; or
(C)
a school bus endorsement.
(c)
Nothing in Subsection
(3)(b)
is intended to exempt a human driver driving a motor
vehicle as a private passenger carrier from regulation under other statutory and
regulatory schemes, including:
(i)
49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;
(ii)
Title 34, Chapter 36, Transportation of Workers
, and rules adopted by the Labor
Commission in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
; and
(iii)
Title 72, Chapter 9, Motor Carrier Safety Act
, and rules adopted by the Motor
Carrier Division in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
.
(4)
(a)
Except as provided in Subsections
(4)(b)
,
(c)
,
(d)
, and
(e)
, a human driver may not
operate:
(i)
a motorcycle unless the human driver has a valid class D driver license and a
motorcycle endorsement issued under this chapter;
(ii)
a street legal all-terrain vehicle unless the human driver has a valid class D driver
license; or
(iii)
a motor-driven cycle unless the human driver has a valid class D driver license
and a motorcycle endorsement issued under this chapter.
(b)
A human driver operating a moped, as defined in Section
41-6a-102
, is not required
to have a motorcycle endorsement issued under this chapter.
(c)
An individual operating an electric assisted bicycle, as defined in Section
41-6a-102
,
is not required to have a valid class D driver license or a motorcycle endorsement
issued under this chapter.
(d)
An individual is not required to have a valid class D driver license if the person is:
(i)
operating a motor assisted scooter, as defined in Section
41-6a-102
, in accordance
with Section
41-6a-1115
; or
(ii)
operating an electric personal assistive mobility device, as defined in Section
41-6a-102
, in accordance with Section
41-6a-1116
.
(e)
A human driver operating an autocycle is not required to have a motorcycle
endorsement issued under this chapter.
(5)
An automated driving system as defined in Section
41-26-102.1
is not required to have
a driver license.
(6)
(a)
As used in this Subsection
(6)
, a "quick fingerprint" is a fingerprint, taken on a
biometric device, that is:
(i)
taken for the purpose of identifying an individual;
(ii)
queried against the Automated Fingerprint Identification System, Bureau of
Criminal Identification fingerprint database, National Crime Information Center
database, or a similar fingerprint database system;
(iii)
not added to or stored in the Automated Fingerprint Identification System,
Bureau of Criminal Identification fingerprint database, National Crime
Information Center database, or a similar fingerprint database system; and
(iv)
accomplished in approximately 15 minutes or less.
(b)
An individual without a driver license, driving privilege card, or learner permit that
is lawfully subjected to a stop by a peace officer as described in Section
77-7-15
shall
present another form of government-issued identification.
(c)
Subject to Subsection
(7)
, a peace officer shall take a quick fingerprint of an
individual described in Subsection
(6)(b)
if:
(i)
the peace officer is unable to verify that the individual has been issued a driving
credential;
(ii)
the individual does not provide a form of identification; or
(iii)
the peace officer has reasonable suspicion to believe that the form of
identification presented is fraudulent.
(d)
Nothing in this Subsection
(6)
prohibits a peace officer from conducting a full
fingerprint panel subject to a noncustodial booking.
(7)
A peace officer is not required to comply with Subsection
(6)(c)
if the peace officer
makes a reasonable determination that:
(a)
doing so would create a safety concern for the driver or peace officer;
(b)
doing so would prevent the peace officer from addressing other public safety
considerations;
(c)
the peace officer does not have adequate equipment to take a fingerprint;
(d)
the driver is under 18 years old; or
(e)
the peace officer would be unable to complete a fingerprint check due to lack of
cellular service.
(8)
A law enforcement agency shall ensure access to fingerprinting equipment to comply
with Subsection
(6)
no later than January 1, 2028.
(6)
(9)
(a)
A person
Except as described in Subsection
(9)(b)
and
(9)(c)
, an individual

who violates this section is guilty of an infraction.
(b)
(i)
Except as provided in Subsection
(6)(d)
, a person
(9)(b)(iii), an individual

who violates Subsection
(4)(a)(i)
or (4)(a)(iii) is subject to a minimum fine of
$350.
(c)
(ii)
The fine described in Subsection
(6)(b)
(9)(b)(i)
is in addition to any other
fine for a violation of Title 41, Chapter 6a, Traffic Code, or a local ordinance
related to the operation of the motorcycle.
(d)
(iii)
(i)
(A)
A court shall waive the fine imposed under Subsection
(6)(b)
(9)(b)(i)
if the
person
individual
provides to the court within 30 days
of the
date of the entry of a plea or sentencing, whichever is later
from the day on
which the individual enters a plea, or within 30 days from the day on which the
court imposes a sentence, whichever is later
, proof that the
person
individual

has been issued a motorcycle endorsement as provided in this chapter.
(ii)
(B)
A court may extend the 30-day time period described in Subsection
(6)(d)(i)
(9)(b)(iii)(A)
for a reasonable time period for the
person
individual
to
obtain a motorcycle endorsement for good cause shown.
(c)
(i)
An individual is guilty of a class B misdemeanor if, at the time of the offense,
the individual has previously been convicted of a violation of this section.
(ii)
In addition to the penalties described in Subsections
(9)(a)
, (b), and (c)(i), an
individual who violates this section is also subject to seizure of the vehicle as
described in Section
41-1a-1101
.
Section 4. Section
53-3-203
is amended to read:
53-3-203
Effective
05/06/26
. Authorizing or permitting driving in violation of
chapter -- Renting of motor vehicles -- License requirements -- Employees must be
licensed -- Violations.
(1)
A person may not authorize or knowingly permit a motor vehicle owned by the person
or under the person's control to be driven by a person in violation of this chapter.
(2)
(a)
A person may not rent a motor vehicle to another person unless the person who
will be the driver is licensed in this state, or in the case of a nonresident, licensed
under the laws of the state or country of
his
residence.
(b)
A person may not rent a motor vehicle to another person until the person:
(i)
has inspected the license certificate of the person who will be the driver; and
(ii)
verified the signature on the license certificate by comparison with the signature
of the person who will be the driver written in
his
the person's
presence.
(c)
(i)
A person may verify the information described in Subsection
(2)(b)
for a
subsequent vehicle rental through the use of an electronic system maintained by
the person for the purposes of expediting the vehicle rental process.
(ii)
The electronic system described in Subsection
(2)(c)(i)
may contain information
voluntarily provided by the person who will be the driver including:
(A)
information included on the driver license certificate; and
(B)
biometric information.
(d)
A person renting a motor vehicle to another shall keep a record of the:
(i)
registration number of the rented motor vehicle;
(ii)
name and address of the person to whom the motor vehicle is rented;
(iii)
number of the license certificate of the renter; and
(iv)
date and place the license certificate was issued.
(e)
The record is open to inspection by
any
a
peace officer or officer or employee of the
division.
(3)
A person may not employ a person to drive a motor vehicle who is not licensed as
required under this chapter.
(4)
A person who violates this section is guilty of an infraction
.
and subject to a minimum
fine of $500.
Section 5. Section
53-3-221
is amended to read:
53-3-221
Effective
05/06/26
. Offenses that may result in denial, suspension,
disqualification, or revocation of license -- Additional grounds for suspension -- Point
system for traffic violations -- Notice and hearing -- Reporting of traffic violation
procedures.
(1)
By following the procedures in
Title 63G, Chapter 4, Administrative Procedures Act
,
the division may deny, suspend, disqualify, or revoke the license or permit of any
individual without receiving a record of the individual's conviction of crime when the
division has been notified or has reason to believe the individual:
(a)
has committed any offenses for which mandatory suspension or revocation of a
license is required upon conviction under Section
53-3-220
;
(b)
has, by reckless
or unlawful
driving of a motor vehicle, caused or contributed to an
accident resulting in death or injury to any other individual, or
serious
property
damage;
(c)
is incompetent to drive a motor vehicle or mobility vehicle or has a mental or
physical disability rendering it unsafe for the individual to drive a motor vehicle or
mobility vehicle upon the highways;
(d)
has committed a serious violation of the motor vehicle laws of this state;
(e)
has knowingly committed a violation of Section
53-3-229
; or
(f)
has been convicted of serious offenses against traffic laws governing the movement
of motor vehicles with a frequency that indicates a disrespect for traffic laws and a
disregard for the safety of other individuals on the highways.
(2)
(a)
(i)
Except as provided in Subsection
53-3-218(3)
, and subject to Subsection
(2)(a)(ii)
, the division may suspend a license of an individual under Subsection
(1)
:
(A)
when the individual has failed to comply with the terms stated on a traffic
citation issued in this state; or
(B)
if the division receives a notification from a court as described in Subsection
41-6a-509(11)(d)
or
41-6a-517(13)(b)
.
(ii)
This Subsection
(2)
does not apply to highway weight limit violations or
violations of law governing the transportation of hazardous materials.
(b)
(i)
This Subsection
(2)
may not be exercised unless notice of the pending
suspension of the driving privilege has been sent at least 30 days previously to the
individual at the address provided to the division.
(ii)
After clearance by the division, a report authorized by Section
53-3-104
may not
contain any evidence of a suspension that occurred as a result of failure to comply
with the terms stated on a traffic citation.
(3)
Except as provided in Subsection
53-3-218(3)
, the division may not revoke, deny,
suspend, or disqualify an individual's driver license based solely on:
(a)
the individual's failure to appear;
(b)
the individual's failure to pay an outstanding penalty accounts receivable; or
(c)
the issuance of a bench warrant as a result of an event described in Subsection
(3)(a)

or
(b)
.
(4)
(a)
The division shall make rules establishing a point system as provided for in this
Subsection
(4)
.
(b)
(i)
The division shall assign a number of points to each type of moving traffic
violation as a measure of its seriousness.
(ii)
The points shall be based upon actual relationships between types of traffic
violations and motor vehicle traffic accidents.
(iii)
Except as provided in Subsection
(4)(b)(iv)
, the division may not assess points
against an individual's driving record for a conviction of a traffic violation:
(A)
that occurred in another state; and
(B)
that was committed on or after July 1, 2011.
(iv)
The provisions of Subsection
(4)(b)(iii)
do not apply to:
(A)
a reckless or impaired driving violation or a speeding violation for exceeding
the posted speed limit by 21 or more miles per hour; or
(B)
an offense committed in another state which, if committed within Utah, would
result in the mandatory suspension or revocation of a license upon conviction
under Section
53-3-220
.
(c)
Every individual convicted of a traffic violation shall have assessed against the
individual's driving record the number of points that the division has assigned to the
type of violation of which the individual has been convicted, except that the number
of points assessed shall be decreased by 10% if on the abstract of the court record of
the conviction the court has graded the severity of violation as minimum, and shall be
increased by 10% if on the abstract the court has graded the severity of violation as
maximum.
(d)
(i)
A separate procedure for assessing points for speeding offenses shall be
established by the division based upon the severity of the offense.
(ii)
The severity of a speeding violation shall be graded as:
(A)
"minimum" for exceeding the posted speed limit by up to 10 miles per hour;
(B)
"intermediate" for exceeding the posted speed limit by 11 to 20 miles per
hour; and
(C)
"maximum" for exceeding the posted speed limit by 21 or more miles per hour.
(iii)
Consideration shall be made for assessment of no points on minimum speeding
violations, except for speeding violations in school zones.
(e)
(i)
Points assessed against an individual's driving record shall be deleted for
violations occurring before a time limit set by the division.
(ii)
The time limit may not exceed three years.
(iii)
The division may also delete points to reward violation-free driving for periods
of time set by the division.
(f)
(i)
By publication in two newspapers having general circulation throughout the
state, the division shall give notice of the number of points it has assigned to each
type of traffic violation, the time limit set by the division for the deletion of
points, and the point level at which the division will generally take action to deny
or suspend under this section.
(ii)
The division may not change any of the information provided above regarding
points without first giving new notice in the same manner.
(5)
(a)
(i)
If the division finds that the license of an individual should be denied,
suspended, disqualified, or revoked under this section, the division shall
immediately notify the licensee in a manner specified by the division and afford
the individual an opportunity for a hearing in the county where the licensee
resides.
(ii)
The hearing shall be documented, and the division or its authorized agent may
administer oaths, may issue subpoenas for the attendance of witnesses and the
production of relevant books and papers, and may require a reexamination of the
licensee.
(iii)
One or more members of the division may conduct the hearing, and any decision
made after a hearing before any number of the members of the division is as valid
as if made after a hearing before the full membership of the division.
(iv)
After the hearing the division shall either rescind or affirm its decision to deny,
suspend, disqualify, or revoke the license.
(b)
The denial, suspension, disqualification, or revocation of the license remains in
effect pending qualifications determined by the division regarding an individual:
(i)
whose license has been denied or suspended following reexamination;
(ii)
who is incompetent to drive a motor vehicle;
(iii)
who is afflicted with mental or physical infirmities that might make the
individual dangerous on the highways; or
(iv)
who may not have the necessary knowledge or skill to drive a motor vehicle
safely.
(6)
(a)
Subject to Subsection
(6)(d)
, the division shall suspend an individual's license
when the division receives notice from the Office of Recovery Services that the
Office of Recovery Services has ordered the suspension of the individual's license.
(b)
A suspension under Subsection
(6)(a)
shall remain in effect until the division
receives notice from the Office of Recovery Services that the Office of Recovery
Services has rescinded the order of suspension.
(c)
After an order of suspension is rescinded under Subsection
(6)(b)
, a report authorized
by Section
53-3-104
may not contain any evidence of the suspension.
(d)
(i)
If the division suspends an individual's license under this Subsection
(6)
, the
division shall, upon application, issue a temporary limited driver license to the
individual if that individual needs a driver license for employment, education, or
child visitation.
(ii)
The temporary limited driver license described in this section:
(A)
shall provide that the individual may operate a motor vehicle only for the
purpose of driving to or from the individual's place of employment, education,
or child visitation;
(B)
shall prohibit the individual from driving a motor vehicle for any purpose
other than a purpose described in Subsection
(6)(d)(ii)(A)
; and
(C)
shall expire 90 days after the day on which the temporary limited driver
license is issued.
(iii)
(A)
During the period beginning on the day on which a temporary limited
driver license is issued under this Subsection
(6)
, and ending on the day that
the temporary limited driver license expires, the suspension described in this
Subsection
(6)
only applies if the individual who is suspended operates a motor
vehicle for a purpose other than employment, education, or child visitation.
(B)
Upon expiration of a temporary limited driver license described in this
Subsection
(6)(d)
:
(I)
a suspension described in Subsection
(6)(a)
shall be in full effect until the
division receives notice, under Subsection
(6)(b)
, that the order of
suspension is rescinded; and
(II)
an individual suspended under Subsection
(6)(a)
may not drive a motor
vehicle for any reason.
(iv)
The division is not required to issue a limited driver license to an individual
under this Subsection
(6)(d)
if there are other legal grounds for the suspension of
the individual's driver license.
(v)
The division shall make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to implement the provisions of this part.
(7)
(a)
The division may suspend or revoke the license of any resident of this state upon
receiving notice of the conviction of that individual in another state of an offense
committed there that, if committed in this state, would be grounds for the suspension
or revocation of a license.
(b)
The division may, upon receiving a record of the conviction in this state of a
nonresident driver of a motor vehicle or motorboat of any offense under the motor
vehicle laws of this state, forward a certified copy of the record to the motor vehicle
administrator in the state where the individual convicted is a resident.
(8)
(a)
The division may suspend or revoke the license of any nonresident to drive a
motor vehicle in this state for any cause for which the license of a resident driver may
be suspended or revoked.
(b)
Any nonresident who drives a motor vehicle upon a highway when the individual's
license has been suspended or revoked by the division is guilty of a class C
misdemeanor.
(9)
(a)
The division may not deny or suspend the license of any individual for a period of
more than one year except:
(i)
for failure to comply with the terms of a traffic citation under Subsection
(2)
;
(ii)
upon receipt of a second or subsequent order suspending juvenile driving
privileges under Section
53-3-219
;
(iii)
when extending a denial or suspension upon receiving certain records or reports
under Subsection
53-3-220(2)
;
(iv)
for failure to give and maintain owner's or operator's security under Section
41-12a-411
;
(v)
when the division suspends the license under Subsection
(6)
; or
(vi)
when the division denies the license under Subsection
(14)
.
(b)
The division may suspend the license of an individual under Subsection
(2)
until the
individual shows satisfactory evidence of compliance with the terms of the traffic
citation.
(10)
(a)
By following the procedures in
Title 63G, Chapter 4, Administrative Procedures
Act
, the division may suspend the license of any individual without receiving a
record of the individual's conviction for a crime when the division has reason to
believe that the individual's license was granted by the division through error or fraud
or that the necessary consent for the license has been withdrawn or is terminated.
(b)
The procedure upon suspension is the same as under Subsection
(5)
, except that after
the hearing the division shall either rescind its order of suspension or cancel the
license.
(11)
(a)
The division, having good cause to believe that a licensed driver is incompetent
or otherwise not qualified to be licensed, may upon notice in a manner specified by
the division of at least five days to the licensee require the licensee to submit to an
examination.
(b)
Upon the conclusion of the examination the division may suspend or revoke the
individual's license, permit the individual to retain the license, or grant a license
subject to a restriction imposed in accordance with Section
53-3-208
.
(c)
Refusal or neglect of the licensee to submit to an examination is grounds for
suspension or revocation of the licensee's license.
(12)
(a)
Except as provided in Subsection
(12)(b)
, a report authorized by Section
53-3-104
may not contain any evidence of a conviction for speeding on an interstate
system in this state if the conviction was for a speed of 10 miles per hour or less,
above the posted speed limit and did not result in an accident, unless authorized in a
manner specified by the division by the individual whose report is being requested.
(b)
The provisions of Subsection
(12)(a)
do not apply for:
(i)
a CDIP or CDL license holder; or
(ii)
a violation that occurred in a commercial motor vehicle.
(13)
(a)
By following the procedures in
Title 63G, Chapter 4, Administrative Procedures
Act
, the division may suspend the license of an individual if it has reason to believe
that the individual is the owner of a motor vehicle for which security is required
under
Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
Operators Act
, and has driven the motor vehicle or permitted it to be driven within
this state without the security being in effect.
(b)
The division may suspend a driving privilege card holder's driving privilege card if
the division receives notification from the Motor Vehicle Division that:
(i)
the driving privilege card holder is the registered owner of a vehicle; and
(ii)
the driving privilege card holder's vehicle registration has been revoked under
Subsection
41-1a-110(2)(a)(ii)(A)
.
(c)
Section
41-12a-411
regarding the requirement of proof of owner's or operator's
security applies to individuals whose driving privileges are suspended under this
Subsection
(13)
.
(14)
The division may deny an individual's license if the individual fails to comply with the
requirement to downgrade the individual's CDL to a class D license under Section
53-3-409
or
53-3-410.1
.
(15)
The division may deny an individual's class A, B, C, or D license if the individual fails
to comply with the requirement to have a K restriction removed from the individual's
license.
(16)
Any suspension or revocation of an individual's license under this section also
disqualifies any license issued to that individual under
Part 4, Uniform Commercial
Driver License Act
.
Section 6. Section
53-25-802
is amended to read:
53-25-802
Effective
05/06/26
. Portable biometric capture method requirement.
(1)
Beginning January 1,
2027
2028
, a law enforcement agency shall ensure that every law
enforcement officer who is on duty outside of the law enforcement agency's facility is
supplied with a portable biometric capture device.
(2)
(a)
A software vendor that allows a law enforcement agency to file a citation
electronically as described in Section
77-7-20
shall ensure that the software vendor's
software is capable of submitting biometric data captured by a portable biometric
device electronically to the court's electronic filing interface.
(b)
A software vendor shall ensure that the connection described in Subsection
(2)(a)
is
operational within one year of the criminal justice agency's system that uses the
software service becoming active.
(3)
A software service is subject to Subsection
(2)
if the software service:
(a)
is for use by a criminal justice agency within the state's criminal justice system; and
(b)
collects and stores data required by statute to be reported to the department.
Section 7. Section
63I-2-241
is amended to read:
63I-2-241
Effective
05/06/26
. Repeal dates: Title 41.
Reserved.
Subsection
41-6a-1406(4)(d)
, regarding impound report requirements, is
repealed January 1, 2027.
Section 8.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
May 6, 2026
.
(2)
The actions affecting Section 41-6a-1406
Effective
07/01/26
Partially Repealed
07/01/29
take effect on
July 1, 2026
.
3-11-26 1:27 PM