Tow Yard Amendments

11
41-1a-1101
72-9-607
SB0191
SB0120
41-1a-1101 (05/06/26)
0
Tow Yard Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
House Sponsor: Thomas W. Peterson
LONG TITLE
General Description:
This bill codifies existing rules regarding state impound lot standards and creates a
mandatory waiting period for a person removed from a towing rotation to rejoin a towing
rotation in a first or second class county.
Highlighted Provisions:
This bill:
defines terms;
establishes requirements for an impound lot;
allows the Motor Vehicle Division to review an impound lot's qualifications;
creates procedures for retrieval of items from an impounded vehicle;
creates a waiting period for a person removed from a towing rotation from being added to
a towing rotation in a first or second class county with a new tow truck motor carrier;
includes a coordination clause providing that substantive changes to Section 41-1a-1101
in this bill supersede the changes to that section in S.B. 120, Towing Modifications; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
41-1a-1101
, as last amended by Laws of Utah 2025, Chapter 220
72-9-607
, as enacted by Laws of Utah 2019, Chapter 373
Utah Code Sections Affected by Coordination Clause:
41-1a-1101
, as last amended by Laws of Utah 2025, Chapter 220
Be it enacted by the Legislature of the state of Utah:
The following section is affected by a coordination clause at the end of this bill.
Section 1. Section
41-1a-1101
is amended to read:
41-1a-1101
. 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)
"Impound lot" means a state impound lot or impound yard designated by the division
for the storage of a seized vehicle, vessel, or outboard motor as described in
Subsection
(2)
.
(c)
"Life essential item" means the same as that term is defined in Section
72-9-603
.
(b)
(d)
"Operator" means the same as that term is defined in Section
41-6a-102
.
(c)
(e)
"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)
(f)
"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
a
peace officer has probable cause to believe has been stolen;
(b)
on which any 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)
A peace officer may release a vehicle seized and possessed under Subsection
(3)(a)

to the registered owner of the vehicle if the registered owner is not the individual
subject to arrest under Subsection
(3)(a)
and is immediately available, at the location
of the arrest, to take possession of the vehicle.
(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 vehicle would:
(A)
present a public safety concern to the operator or any of the occupants 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 division or a peace officer may
seize
the vessel's trailer
may be seized
to transport and store the vessel.
(6)
The division or a 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.
(6)
(7)
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
.
(8)
(a)
An operator of an impound lot shall ensure the impound lot has a conspicuously
placed, well-maintained sign that:
(i)
is at least 24 square feet in size;
(ii)
includes the business name, address, phone number, and hours of business for the
impound lot;
(iii)
displays the impound lot identification number issued by the division in
characters at least four inches high; and
(iv)
is visible from the nearest highway.
(b)
An operator of an impound lot shall maintain a hard-surfaced storage area of
concrete, black top, gravel, road base, or other aggregate material in the impound lot.
(c)
An operator of an impound lot shall fence the perimeter of the impound lot:
(i)
separately from any other personal or business activity that is not directly related
to state impounds; and
(ii)
with six-foot high chain link or other similar fence or wall topped with three
strands of barbed wire or razor security wire that are properly affixed to the fence
or wall.
(d)
An operator of an impound lot shall maintain opaque fencing, which may be opaque
chain link fencing, on any side that has frontage with a paved road that is a:
(i)
class A road as described in Section
72-3-102
;
(ii)
class B road as described in Section
72-3-103
; or
(iii)
class C road as described in Section
72-3-104
.
(e)
An operator of an impound lot shall maintain spacing between vehicles that is
adequate to allow opening of vehicle doors without interfering with other vehicles or
objects.
(f)
Except as provided in Subsection
(9)
, an operator of an impound lot shall have an
office on the premises.
(g)
An operator of an impound lot shall ensure the impound lot office is staffed and open
for public business during normal business hours, Monday through Friday, except for
designated state and federal holidays.
(h)
An operator of an impound lot shall provide compressed air and battery boosting
capabilities at the impound lot at no additional cost.
(9)
(a)
Upon request, the division may authorize an impound lot to maintain multiple
storage areas managed by a central office facility if each storage area is within a 10
mile radius of the central office facility.
(b)
An operator of an impound lot with a central office facility authorized under this
Subsection
(9)
shall appear at an appropriate storage area within 60 minutes of
notification to release a vehicle held at that storage area.
(c)
If an operator of an impound lot fails to appear as described in Subsection
(9)(b)
, the
division may revoke the impound lot's authorization to operate as an impound lot for
a minimum of six months.
(d)
In addition to the requirements of this Subsection
(9)
, each sign at a storage area
affiliated with a central office facility shall provide the location and phone number of
the central office facility.
(10)
A crusher, dismantler, or salvage dealer may not operate as an impound lot unless the
crusher, dismantler, or salvage dealer meets all of the requirements for an impound lot
described in this section.
(11)
The division shall enforce an impound lot's compliance with the standards described in
this section.
(12)
(a)
The division shall provide written notice, in person or by certified mail, to an
operator of an impound lot not in compliance with the standards described in this
section and give 30 days from that notice to rectify any noncompliance.
(b)
The division may suspend the impound lot's authorization to operate as an impound
lot if no action or insufficient action is taken by the operator of the impound lot.
(13)
An impound lot contesting suspension, or an impound lot directly and adversely
affected by the division's refusal to designate an impound lot as an impound lot, may
appeal that suspension or designation refusal to the commission.
(14)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission shall make rules setting standards for public garages and impound
lots that may be used by peace officers and the division for the storage of a seized
vehicle, vessel, or outboard motor.
(b)
The division may not make rules that conflict with Subsection
(8)
.
(c)
The division shall ensure that the standards do not restrict the number of public
garages or impound lots per geographical area.
(15)
(a)
An operator of an impound lot shall:
(i)
give an individual authorized by Subsection
41-6a-1406(6)(a)
possession of a life
essential item or other item of personal property if the individual:
(A)
arrives at the impound lot during normal business hours;
(B)
presents the individual's driver license or other government-issued
identification;
(C)
shows evidence that the individual is authorized under Subsection
41-6a-1406(6)(a)
to take possession of the life essential item or other personal
property; and
(D)
signs a receipt for any personal property removed from a vehicle, vessel, or
outboard motor; and
(ii)
maintain a record of individuals who have been given access to vehicles to
remove personal property.
(b)
If an individual is unable to present the individual's driver license or other
government-issued identification as required in Subsection
(15)(a)(i)(B)
because the
individual's driver license or other government-issued identification is inside the
impounded vehicle, the owner of the impound lot shall retrieve the driver license or
government-issued identification, to show that the individual is authorized to take
possession of a life essential item or other personal property under Subsection
41-6a-1406(6)(a)
.
(16)
An operator of an impound lot shall:
(a)
remove the license plate or plates from an impounded vehicle before the time of sale
as described in Section
41-1a-1103
; and
(b)
give the license plates to the division when the vehicle is sold.
(17)
The division may require an operator of an impound lot holding five or fewer vehicles
in a month to tow those vehicles to another impound lot to centralize vehicle sales.
(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 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 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)
(18)
(a)
Except as provided under
Subsection (8)(b)
Subsection
(18)(b)
,
a person
an individual
may not operate or allow
to be operated
another individual to operate
a vehicle stored in
a public garage, impound lot, or impound yard
an impound lot
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
an impound lot
and that is necessary for the
normal management of
the facility
an impound lot
is not prohibited under
Subsection (8)(a)
Subsection
(18)(a)
.
(9)
(19)
A person
An individual
who violates
the provisions of Subsection (8)
Subsection
(18)
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
72-9-607
is amended to read:
72-9-607
. Process of removal from towing rotation.
(1)
As used in this section, "ownership" means any percentage of ownership of a tow truck
motor carrier by a person.
(2)
Each
political subdivision
towing entity
or state agency that establishes a towing
rotation to facilitate tows initiated by the political subdivision or state agency shall
establish a policy for an appeals process to hear and decide appeals from a decision to
suspend or remove a tow truck motor carrier or tow truck operator from a towing
rotation.
(2)
(3)
In conducting an appeal as described in
Subsection
(1)
Subsection
(2)
:
(a)
the appeal process may be conducted by a single appeal officer or a panel; and
(b)
an individual hearing an appeal, whether as a single appeal officer or as part of a
panel, may not be the same individual who made the decision to suspend or remove
the tow truck motor carrier or tow truck operator from the towing rotation.
(4)
A person with ownership in a tow truck motor carrier that is removed from a towing
rotation in a first or second class county may not be added to a towing rotation in a first
or second class county for three years after the day on which the tow truck motor carrier
is removed from a towing rotation.
(5)
Before a towing entity may add a tow truck motor carrier to a towing rotation in a first
or second class county, the tow truck motor carrier shall be certified by the department
as described in Section
72-9-602
for a minimum of three consecutive years.
Section 3.
Effective Date.
This bill takes effect on
June 1, 2026
.
Section 4.
Coordinating S.B. 191 with S.B. 120.
If S.B. 191, Tow Yard Amendments, and S.B. 120, Towing Modifications, both pass
and become law, the Legislature intends that, on June 1, 2026, the amendments to Section
41-1a-1101 in S.B. 191 supersede the amendments to Section 41-1a-1101 in S.B. 120.
2-25-26 10:56 AM