Impounded Vehicle Amendments

16
41-6a-102
41-6a-1406
72-9-102
72-9-603
0
Impounded Vehicle Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill allows an individual to remove certain essential items from an impounded vehicle.
Highlighted Provisions:
This bill:
amends the definition of "life essential item" to include cell phones and employment tools;
adds a requirement that the removal of items may not interfere with health and safety; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-102
Effective
05/06/26
Partially Repealed
07/01/27
, as last amended by Laws
of Utah 2025, Chapters 220, 471
41-6a-1406
Effective
05/06/26
Partially Repealed
07/01/29
, as last amended by Laws
of Utah 2025, Chapter 378
72-9-102
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 457
72-9-603
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 378
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
41-6a-102
is amended to read:
41-6a-102
Effective
05/06/26
Partially Repealed
07/01/27
. Definitions.
As used in this chapter:
(1)
"Alley" means a street or highway intended to provide access to the rear or side of lots
or buildings in urban districts and not intended for through vehicular traffic.
(2)
"All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(3)
"All-terrain type II vehicle" means the same as that term is defined in Section
41-22-2
.
(4)
"All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
(5)
"Authorized emergency vehicle" includes:
(a)
a fire department vehicle;
(b)
a police vehicle;
(c)
an ambulance; and
(d)
other publicly or privately owned vehicles as designated by the commissioner of the
Department of Public Safety.
(6)
"Autocycle" means the same as that term is defined in Section
53-3-102
.
(7)
(a)
"Bicycle" means a wheeled vehicle:
(i)
propelled by human power by feet or hands acting upon pedals or cranks;
(ii)
with a seat or saddle designed for the use of the operator;
(iii)
designed to be operated on the ground; and
(iv)
whose wheels are not less than 14 inches in diameter.
(b)
"Bicycle" includes an electric assisted bicycle.
(c)
"Bicycle" does not include scooters and similar devices.
(8)
(a)
"Bicycle lane" means a portion of a highway that has been designated by a
highway authority through striping, signage, pavement markings, or barriers for the
preferential or exclusive use of bicycle, electric assisted bicycle, and motor assisted
scooter traffic.
(b)
"Bicycle lane" does not include shared lanes intended for both motor vehicle and
bicycle travel.
(9)
(a)
"Bus" means a motor vehicle:
(i)
designed for carrying more than 15 passengers and used for the transportation of
persons; or
(ii)
designed and used for the transportation of persons for compensation.
(b)
"Bus" does not include a taxicab.
(10)
(a)
"Circular intersection" means an intersection that has an island, generally
circular in design, located in the center of the intersection where traffic passes to the
right of the island.
(b)
"Circular intersection" includes:
(i)
roundabouts;
(ii)
rotaries; and
(iii)
traffic circles.
(11)
"Class 1 electric assisted bicycle" means an electric assisted bicycle equipped with a
motor or electronics that:
(a)
provides assistance only when the rider is pedaling; and
(b)
ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(12)
"Class 2 electric assisted bicycle" means an electric assisted bicycle equipped with a
motor or electronics that:
(a)
may be used exclusively to propel the bicycle; and
(b)
is not capable of providing assistance when the bicycle reaches the speed of 20 miles
per hour.
(13)
"Class 3 electric assisted bicycle" means an electric assisted bicycle equipped with a
motor or electronics that:
(a)
provides assistance only when the rider is pedaling;
(b)
ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour;
and
(c)
is equipped with a speedometer.
(14)
"Commissioner" means the commissioner of the Department of Public Safety.
(15)
"Controlled-access highway" means a highway, street, or roadway:
(a)
designed primarily for through traffic; and
(b)
to or from which owners or occupants of abutting lands and other persons have no
legal right of access, except at points as determined by the highway authority having
jurisdiction over the highway, street, or roadway.
(16)
"Crosswalk" means:
(a)
that part of a roadway at an intersection included within the connections of the lateral
lines of the sidewalks on opposite sides of the highway measured from:
(i)
(A)
the curbs; or
(B)
in the absence of curbs, from the edges of the traversable roadway; and
(ii)
in the absence of a sidewalk on one side of the roadway, that part of a roadway
included within the extension of the lateral lines of the existing sidewalk at right
angles to the centerline; or
(b)
any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
(17)
"Department" means the Department of Public Safety.
(18)
"Direct supervision" means oversight at a distance within which:
(a)
visual contact is maintained; and
(b)
advice and assistance can be given and received.
(19)
"Divided highway" means a highway divided into two or more roadways by:
(a)
an unpaved intervening space;
(b)
a physical barrier; or
(c)
a clearly indicated dividing section constructed to impede vehicular traffic.
(20)
"Echelon formation" means the operation of two or more snowplows arranged
side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to
clear snow from two or more lanes at once.
(21)
(a)
"Electric assisted bicycle" means a bicycle with an electric motor that:
(i)
has a power output of not more than 750 watts;
(ii)
has fully operable pedals;
(iii)
has permanently affixed cranks that were installed at the time of the original
manufacture;
(iv)
is fully operable as a bicycle without the use of the electric motor; and
(v)
is one of the following:
(A)
a class 1 electric assisted bicycle;
(B)
a class 2 electric assisted bicycle;
(C)
a class 3 electric assisted bicycle; or
(D)
a programmable electric assisted bicycle.
(b)
"Electric assisted bicycle" does not include:
(i)
a moped;
(ii)
a motor assisted scooter;
(iii)
a motorcycle;
(iv)
a motor-driven cycle; or
(v)
any other vehicle with less than four wheels that is designed, manufactured,
intended, or advertised by the seller to have any of the following capabilities or
features, or that is modifiable or is modified to have any of the following
capabilities or features:
(A)
has the ability to attain the speed of 20 miles per hour or greater on motor
power alone;
(B)
is equipped with a continuous rated motor power of 750 watts or greater;
(C)
is equipped with foot pegs for the operator at the time of manufacture, or
requires installation of a pedal kit to have operable pedals; or
(D)
if equipped with multiple operating modes and a throttle, has one or more
modes that exceed 20 miles per hour on motor power alone.
(22)
(a)
"Electric personal assistive mobility device" means a self-balancing device with:
(i)
two nontandem wheels in contact with the ground;
(ii)
a system capable of steering and stopping the unit under typical operating
conditions;
(iii)
an electric propulsion system with average power of one horsepower or 750
watts;
(iv)
a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
(v)
a deck design for a person to stand while operating the device.
(b)
"Electric personal assistive mobility device" does not include a wheelchair.
(23)
"Electric unicycle" means a self-balancing personal transportation device that:
(a)
has a single wheel;
(b)
is powered by an electric motor that utilizes gyroscopes and accelerometers to
stabilize the rider; and
(c)
is designed for the operator to face in the direction of travel while operating the
device.
(24)
"Explosives" means a chemical compound or mechanical mixture commonly used or
intended for the purpose of producing an explosion and that contains any oxidizing and
combustive units or other ingredients in proportions, quantities, or packing so that an
ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases, and the
resultant gaseous pressures are capable of producing destructive effects on contiguous
objects or of causing death or serious bodily injury.
(25)
"Farm tractor" means a motor vehicle designed and used primarily as a farm
implement, for drawing plows, mowing machines, and other implements of husbandry.
(26)
"Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less, as
determined by a Tagliabue or equivalent closed-cup test device.
(27)
"Freeway" means a controlled-access highway that is part of the interstate system as
defined in Section
72-1-102
.
(28)
(a)
"Golf cart" means a device that:
(i)
is designed for transportation by players on a golf course;
(ii)
has not less than three wheels in contact with the ground;
(iii)
has an unladen weight of less than 1,800 pounds;
(iv)
is designed to operate at low speeds; and
(v)
is designed to carry not more than six persons including the driver.
(b)
"Golf cart" does not include:
(i)
a low-speed vehicle or an off-highway vehicle;
(ii)
a motorized wheelchair;
(iii)
an electric personal assistive mobility device;
(iv)
an electric assisted bicycle;
(v)
a motor assisted scooter;
(vi)
a personal delivery device, as defined in Section
41-6a-1119
; or
(vii)
a mobile carrier, as defined in Section
41-6a-1120
.
(29)
"Gore area" means the area delineated by two solid white lines that is between a
continuing lane of a through roadway and a lane used to enter or exit the continuing lane
including similar areas between merging or splitting highways.
(30)
"Gross weight" means the weight of a vehicle without a load plus the weight of any
load on the vehicle.
(31)
"Hi-rail vehicle" means a roadway maintenance vehicle that is:
(a)
manufactured to meet Federal Motor Vehicle Safety Standards; and
(b)
equipped with retractable flanged wheels that allow the vehicle to travel on a
highway or railroad tracks.
(32)
"Highway" means the entire width between property lines of every way or place of any
nature when any part of it is open to the use of the public as a matter of right for
vehicular travel.
(33)
"Highway authority" means the same as that term is defined in Section
72-1-102
.
(34)
"Interdicted person" means the same as that term is defined in Section
32B-1-102
.
(35)
(a)
"Intersection" means the area embraced within the prolongation or connection of
the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of
two or more highways that join one another.
(b)
Where a highway includes two roadways 30 feet or more apart:
(i)
every crossing of each roadway of the divided highway by an intersecting
highway is a separate intersection; and
(ii)
if the intersecting highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of the highways is a separate intersection.
(c)
"Intersection" does not include the junction of an alley with a street or highway.
(36)
"Island" means an area between traffic lanes or at an intersection for control of vehicle
movements or for pedestrian refuge designated by:
(a)
pavement markings, which may include an area designated by two solid yellow lines
surrounding the perimeter of the area;
(b)
channelizing devices;
(c)
curbs;
(d)
pavement edges; or
(e)
other devices.
(37)
(a)
"Lane filtering" means, when operating a motorcycle other than an autocycle, the
act of overtaking and passing another vehicle that is stopped in the same direction of
travel in the same lane.
(b)
"Lane filtering" does not include lane splitting.
(38)
(a)
"Lane splitting" means, when operating a motorcycle other than an autocycle, the
act of riding a motorcycle between clearly marked lanes for traffic traveling in the
same direction of travel while traffic is in motion.
(b)
"Lane splitting" does not include lane filtering.
(39)
"Law enforcement agency" means the same as that term is as defined in Section
53-1-102
.
(40)
"Life essential item retrieval form" means a document completed by a registered
owner or other authorized representative of a vehicle, vessel, or outboard motor that has
been towed or removed to request and document the release of life essential items from
the impounded or towed vehicle, vessel, or outboard motor.
(40)
(41)
"Limited access highway" means a highway:
(a)
that is designated specifically for through traffic; and
(b)
over, from, or to which neither owners nor occupants of abutting lands nor other
persons have any right or easement, or have only a limited right or easement of
access, light, air, or view.
(41)
(42)
"Local highway authority" means the legislative, executive, or governing body of
a county, municipal, or other local board or body having authority to enact laws relating
to traffic under the constitution and laws of the state.
(42)
(43)
(a)
"Low-speed vehicle" means a four wheeled motor vehicle that:
(i)
is designed to be operated at speeds of not more than 25 miles per hour; and
(ii)
has a capacity of not more than six passengers, including a conventional driver or
fallback-ready user if on board the vehicle, as those terms are defined in Section
41-26-102.1
.
(b)
"Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
(43)
(44)
"Metal tire" means a tire, the surface of which in contact with the highway is
wholly or partly of metal or other hard nonresilient material.
(44)
(45)
(a)
"Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
seat or saddle that is less than 24 inches from the ground as measured on a level
surface with properly inflated tires.
(b)
"Mini-motorcycle" does not include a moped or a motor assisted scooter.
(c)
"Mini-motorcycle" does not include a motorcycle that is:
(i)
designed for off-highway use; and
(ii)
registered as an off-highway vehicle under Section
41-22-3
.
(45)
(46)
"Mobile home" means:
(a)
a trailer or semitrailer that is:
(i)
designed, constructed, and equipped as a dwelling place, living abode, or sleeping
place either permanently or temporarily; and
(ii)
equipped for use as a conveyance on streets and highways; or
(b)
a trailer or a semitrailer whose chassis and exterior shell is designed and constructed
for use as a mobile home, as defined in Subsection
(45)(a)
(46)(a)
, but that is instead
used permanently or temporarily for:
(i)
the advertising, sale, display, or promotion of merchandise or services; or
(ii)
any other commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
(46)
(47)
"Mobility disability" means the inability of a person to use one or more of the
person's extremities or difficulty with motor skills, that may include limitations with
walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other
condition.
(47)
(48)
(a)
"Moped" means a motor-driven cycle having:
(i)
pedals to permit propulsion by human power; and
(ii)
a motor that:
(A)
produces not more than two brake horsepower; and
(B)
is not capable of propelling the cycle at a speed in excess of 30 miles per hour
on level ground.
(b)
If an internal combustion engine is used, the displacement may not exceed 50 cubic
centimeters and the moped shall have a power drive system that functions directly or
automatically without clutching or shifting by the operator after the drive system is
engaged.
(c)
"Moped" does not include:
(i)
an electric assisted bicycle; or
(ii)
a motor assisted scooter.
(48)
(49)
(a)
"Motor assisted scooter" means a self-propelled device with:
(i)
at least two wheels in contact with the ground;
(ii)
a braking system capable of stopping the unit under typical operating conditions;
(iii)
an electric motor not exceeding 2,000 watts;
(iv)
either:
(A)
handlebars and a deck design for a person to stand while operating the device;
or
(B)
handlebars and a seat designed for a person to sit, straddle, or stand while
operating the device;
(v)
a design for the ability to be propelled by human power alone; and
(vi)
a maximum speed of 20 miles per hour on a paved level surface.
(b)
"Motor assisted scooter" does not include:
(i)
an electric assisted bicycle; or
(ii)
a motor-driven cycle.
(49)
(50)
(a)
"Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
propelled by electric power obtained from overhead trolley wires, but not operated
upon rails.
(b)
"Motor vehicle" does not include:
(i)
vehicles moved solely by human power;
(ii)
motorized wheelchairs;
(iii)
an electric personal assistive mobility device;
(iv)
an electric assisted bicycle;
(v)
a motor assisted scooter;
(vi)
a personal delivery device, as defined in Section
41-6a-1119
; or
(vii)
a mobile carrier, as defined in Section
41-6a-1120
.
(50)
(51)
"Motorcycle" means:
(a)
a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
and designed to travel with not more than three wheels in contact with the ground; or
(b)
an autocycle.
(51)
(52)
(a)
"Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
having:
(i)
an engine with less than 150 cubic centimeters displacement; or
(ii)
a motor that produces not more than five horsepower.
(b)
"Motor-driven cycle" does not include:
(i)
an electric personal assistive mobility device;
(ii)
a motor assisted scooter; or
(iii)
an electric assisted bicycle.
(52)
(53)
"Off-highway implement of husbandry" means the same as that term is defined
under Section
41-22-2
.
(53)
(54)
"Off-highway motorcycle" means the same as that term is defined in Section
41-22-2
.
(54)
(55)
"Off-highway vehicle" means the same as that term is defined under Section
41-22-2
.
(55)
(56)
"Operate" means the same as that term is defined in Section
41-1a-102
.
(56)
(57)
"Operator" means:
(a)
a human driver, as defined in Section
41-26-102.1
, that operates a vehicle; or
(b)
an automated driving system, as defined in Section
41-26-102.1
, that operates a
vehicle.
(57)
(58)
"Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
other device operated, alone or coupled with another device, on stationary rails.
(58)
(59)
(a)
"Park" or "parking" means the standing of a vehicle, whether the vehicle is
occupied or not.
(b)
"Park" or "parking" does not include:
(i)
the standing of a vehicle temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers; or
(ii)
a motor vehicle with an engaged automated driving system that has achieved a
minimal risk condition, as those terms are defined in Section
41-26-102.1
.
(59)
(60)
"Peace officer" means a peace officer authorized under Title 53, Chapter 13,
Peace Officer Classifications, to direct or regulate traffic or to make arrests for
violations of traffic laws.
(60)
(61)
"Pedestrian" means a person traveling:
(a)
on foot; or
(b)
in a wheelchair.
(61)
(62)
"Pedestrian traffic-control signal" means a traffic-control signal used to regulate
pedestrians.
(62)
(63)
"Person" means a natural person, firm, copartnership, association, corporation,
business trust, estate, trust, partnership, limited liability company, association, joint
venture, governmental agency, public corporation, or any other legal or commercial
entity.
(63)
(64)
"Pole trailer" means a vehicle without motive power:
(a)
designed to be drawn by another vehicle and attached to the towing vehicle by means
of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle;
and
(b)
that is ordinarily used for transporting long or irregular shaped loads including poles,
pipes, or structural members generally capable of sustaining themselves as beams
between the supporting connections.
(64)
(65)
"Private road or driveway" means every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied permission
from the owner, but not by other persons.
(65)
(66)
"Programmable electric assisted bicycle" means an electric assisted bicycle with
capability to switch or be programmed to function as a class 1 electric assisted bicycle,
class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the
electric assisted bicycle fully conforms with the respective requirements of each class of
electric assisted bicycle when operated in that mode.
(66)
(67)
"Railroad" means a carrier of persons or property upon cars operated on
stationary rails.
(67)
(68)
"Railroad sign or signal" means a sign, signal, or device erected by authority of a
public body or official or by a railroad and intended to give notice of the presence of
railroad tracks or the approach of a railroad train.
(68)
(69)
"Railroad train" means a locomotive propelled by any form of energy, coupled
with or operated without cars, and operated upon rails.
(69)
(70)
"Restored-modified vehicle" means the same as the term defined in Section
41-1a-102
.
(70)
(71)
"Right-of-way" means the right of one vehicle or pedestrian to proceed in a
lawful manner in preference to another vehicle or pedestrian approaching under
circumstances of direction, speed, and proximity that give rise to danger of collision
unless one grants precedence to the other.
(71)
(72)
(a)
"Roadway" means that portion of highway improved, designed, or
ordinarily used for vehicular travel.
(b)
"Roadway" does not include the sidewalk, berm, or shoulder, even though any of
them are used by persons riding bicycles or other human-powered vehicles.
(c)
"Roadway" refers to any roadway separately but not to all roadways collectively, if a
highway includes two or more separate roadways.
(72)
(73)
"Safety zone" means the area or space officially set apart within a roadway for
the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
signs as to be plainly visible at all times while set apart as a safety zone.
(73)
(74)
(a)
"School bus" means a motor vehicle that:
(i)
complies with the color and identification requirements of the most recent edition
of "Minimum Standards for School Buses"; and
(ii)
is used to transport school children to or from school or school activities.
(b)
"School bus" does not include a vehicle operated by a common carrier in
transportation of school children to or from school or school activities.
(74)
(75)
"Self-balancing electric skateboard" means a device similar to a skateboard that:
(a)
has a single wheel;
(b)
is powered by an electric motor; and
(c)
is designed for the operator to face perpendicular to the direction of travel while
operating the device.
(75)
(76)
(a)
"Semitrailer" means a vehicle with or without motive power:
(i)
designed for carrying persons or property and for being drawn by a motor vehicle;
and
(ii)
constructed so that some part of its weight and that of its load rests on or is
carried by another vehicle.
(b)
"Semitrailer" does not include a pole trailer.
(76)
(77)
"Shoulder area" means:
(a)
that area of the hard-surfaced highway separated from the roadway by a pavement
edge line as established in the current approved "Manual on Uniform Traffic Control
Devices"; or
(b)
that portion of the road contiguous to the roadway for accommodation of stopped
vehicles, for emergency use, and for lateral support.
(77)
(78)
"Sidewalk" means that portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(78)
(79)
(a)
"Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt
that is designated for the use of a bicycle.
(b)
"Soft-surface trail" does not mean a trail:
(i)
where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
federal law, regulation, or rule; or
(ii)
located in whole or in part on land granted to the state or a political subdivision
subject to a conservation easement that prohibits the use of a motorized vehicle.
(79)
(80)
"Solid rubber tire" means a tire of rubber or other resilient material that does not
depend on compressed air for the support of the load.
(80)
(81)
"Stand" or "standing" means the temporary halting of a vehicle, whether
occupied or not, for the purpose of and while actually engaged in receiving or
discharging passengers.
(81)
(82)
"Stop" when required means complete cessation from movement.
(82)
(83)
"Stop" or "stopping" when prohibited means any halting even momentarily of a
vehicle, whether occupied or not, except when:
(a)
necessary to avoid conflict with other traffic; or
(b)
in compliance with the directions of a peace officer or traffic-control device.
(83)
(84)
"Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, or an off-highway
motorcycle, that is modified to meet the requirements of Section
41-6a-1509
to operate
on highways in the state in accordance with Section
41-6a-1509
.
(84)
(85)
"Street-legal novel vehicle" means a vehicle registered as a novel vehicle under
Section
41-27-201
that is modified to meet the requirements of Section
41-6a-1509
to
operate on highways in the state in accordance with Section
41-6a-1509
.
(85)
(86)
"Tow truck operator" means the same as that term is defined in Section
72-9-102
.
(86)
(87)
"Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
(87)
(88)
"Traffic" means pedestrians, bicyclists, ridden or herded animals, vehicles, and
other conveyances either singly or together while using any highway for the purpose of
travel.
(88)
(89)
"Traffic signal preemption device" means an instrument or mechanism designed,
intended, or used to interfere with the operation or cycle of a traffic-control signal.
(89)
(90)
"Traffic-control device" means a sign, signal, marking, or device not inconsistent
with this chapter placed or erected by a highway authority for the purpose of regulating,
warning, or guiding traffic.
(90)
(91)
"Traffic-control signal" means a device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop and permitted to
proceed.
(91)
(92)
(a)
"Trailer" means a vehicle with or without motive power designed for
carrying persons or property and for being drawn by a motor vehicle and constructed
so that no part of its weight rests upon the towing vehicle.
(b)
"Trailer" does not include a pole trailer.
(92)
(93)
"Truck" means a motor vehicle designed, used, or maintained primarily for the
transportation of property.
(93)
(94)
"Truck tractor" means a motor vehicle:
(a)
designed and used primarily for drawing other vehicles; and
(b)
constructed to carry a part of the weight of the vehicle and load drawn by the truck
tractor.
(94)
(95)
"Two-way left turn lane" means a lane:
(a)
provided for vehicle operators making left turns in either direction;
(b)
that is not used for passing, overtaking, or through travel; and
(c)
that has been indicated by a lane traffic-control device that may include lane
markings.
(95)
(96)
"Urban district" means the territory contiguous to and including any street, in
which structures devoted to business, industry, or dwelling houses are situated at
intervals of less than 100 feet, for a distance of a quarter of a mile or more.
(96)
(97)
"Vehicle" means a device in, on, or by which a person or property is or may be
transported or drawn on a highway, except a mobile carrier, as defined in Section
41-6a-1120
, or a device used exclusively on stationary rails or tracks.
(97)
(98)
"Wheelie" means a maneuver performed while operating a motorcycle whereby
the front wheel of the motorcycle is raised off of the ground.
Section 2. Section
41-6a-1406
is amended to read:
41-6a-1406
Effective
05/06/26
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 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 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)
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)
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 associated with the removal; and
(ii)
begin charging storage fees.
(5)
(a)
A report described in this Subsection
(5)
is required for any 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 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
a
lien holder; 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

individual
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
shall
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 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
concerning
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 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; and
(B)
in addition to the administrative fee described in Subsection
(7)(a)(iv)(A)
, an
administrative testing fee of $30; 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 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
individual'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.
(d)
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)
.
(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 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 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)
(i)
Except for a vehicle, vessel,
or
outboard motor
, or an item
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 within the vehicle,
vessel, or outboard motor
after completion of a life essential item retrieval form
during normal business hours regardless of whether the towing, impound fees, or
storage fees have been paid.
(ii)
A tow truck operator, a tow truck motor carrier, or an impound yard may not
allow an individual to retrieve the items described in Subsection
(10)(d)(i)
if the
retrieval would cause an unreasonable delay to vehicle impounding or storage or
create a safety risk.
(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
using
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
using
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.
(13)
If an owner or authorized representative of a vehicle, vessel, or outboard motor that
has been towed or removed requests to retrieve a life essential item, an operator of an
impound yard shall provide a life essential item retrieval form.
(14)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission shall make rules creating, managing, and distributing a life essential
retrieval form.
(b)
The commission shall ensure that a life essential item retrieval form includes:
(i)
identifying information of:
(A)
the individual requesting release of a life essential item;
(B)
the vehicle, vessel, or outboard motor containing the life essential item; and
(C)
the life essential item for which the individual is requesting release;
(ii)
if the individual requesting release of a life essential item is not the registered
owner of the vehicle, vessel, or outboard motor, proof of authority to retrieve a
life essential item;
(iii)
space for a representative of the impound yard to note the condition of a life
essential item upon the item's release;
(iv)
the date of request and release;
(v)
if the individual requesting release of a life essential item is requesting an item
specific to the individual's employment, the name and phone number of an
employer of the individual;
(vi)
space for signatures of the individual requesting release of a life essential item
and a representative of the impound yard; and
(vii)
other items deemed necessary and proper by the commission.
Section 3. Section
72-9-102
is amended to read:
72-9-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
(a)
"Commercial vehicle" includes:
(i)
an interstate commercial vehicle;
(ii)
an intrastate commercial vehicle; and
(iii)
a tow truck.
(b)
"Commercial vehicle" does not include the following vehicles for purposes of this
chapter:
(i)
equipment owned and operated by the United States Department of Defense when
driven by any active duty military personnel and members of the reserves and
national guard on active duty including personnel on full-time national guard duty,
personnel on part-time training, and national guard military technicians and
civilians who are required to wear military uniforms and are subject to the code of
military justice;
(ii)
firefighting and emergency vehicles, operated by emergency personnel, not
including commercial tow trucks;
(iii)
recreational vehicles that are driven solely as family or personal conveyances for
noncommercial purposes; or
(iv)
vehicles owned by the state or a local government.
(2)
"Interstate commercial vehicle" means a self-propelled or towed motor vehicle used on
a highway in interstate commerce to transport passengers or property if the vehicle:
(a)
has a gross vehicle weight rating or gross vehicle weight of 10,001 or more pounds,
or gross combination weight rating or gross combination weight of 10,001 or more
pounds, whichever is greater;
(b)
is designed or used to transport more than eight passengers, including the driver, for
compensation;
(c)
is designed or used to transport more than 15 passengers, including the driver, and is
not used to transport passengers for compensation; or
(d)
(i)
is used to transport materials designated as hazardous in accordance with 49
U.S.C. Sec. 5103; and
(ii)
is required to be placarded in accordance with regulations under 49 C.F.R.,
Subtitle B, Chapter I, Subchapter C.
(3)
"Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or semitrailer
used or maintained for business, compensation, or profit to transport passengers or
property on a highway only within the boundaries of this state if the commercial vehicle:
(a)
(i)
has a manufacturer's gross vehicle weight rating or gross vehicle weight, or
gross combination weight rating or gross combination weight of 26,001 or more
pounds, whichever is greater, and is operated by an individual who is 18 years old
or older; or
(ii)
has a manufacturer's gross vehicle weight rating or gross combination weight
rating of 16,001 or more pounds and is operated by an individual who is under 18
years old;
(b)
(i)
is designed to transport more than 15 passengers, including the driver; or
(ii)
is designed to transport more than 12 passengers, including the driver, and has a
manufacturer's gross vehicle weight rating or gross combination weight rating of
13,000 or more pounds; or
(c)
is used in the transportation of hazardous materials and is required to be placarded in
accordance with 49 C.F.R. Part 172, Subpart F.
(4)
"Life essential item retrieval form" means the same as that term is defined in Section
41-6a-102
.
(4)
(5)
"Motor carrier" means a person engaged in or transacting the business of
transporting passengers, freight, merchandise, or other property by a commercial vehicle
on a highway within this state and includes a tow truck business.
(5)
(6)
"Owner" as pertaining to a vehicle, vessel, or outboard motor, means the same as
that term is defined in Section
41-1a-102
.
(6)
(7)
"Property owner" means the owner or lessee of real property.
(7)
(8)
"State impound yard" means the same as that term is defined in Section
41-1a-102
.
(8)
(9)
"Tow truck" means a motor vehicle constructed, designed, altered, or equipped
primarily for the purpose of towing or removing damaged, disabled, abandoned, seized,
or impounded vehicles from a highway or other place by means of a crane, hoist, tow
bar, tow line, dolly, tilt bed, or other means.
(9)
(10)
"Tow truck motor carrier" means a motor carrier that is engaged in or transacting
business for tow truck services.
(10)
(11)
"Tow truck operator" means an individual that performs operations related to a
tow truck service as an employee or as an independent contractor on behalf of a tow
truck motor carrier.
(11)
(12)
"Tow truck service" means the functions and any ancillary operations associated
with recovering, removing, and towing a vehicle and its load from a highway or other
place by means of a tow truck.
(12)
(13)
"Transportation" means the actual movement of property or passengers by motor
vehicle, including loading, unloading, and any ancillary service provided by the motor
carrier in connection with movement by motor vehicle, which is performed by or on
behalf of the motor carrier, its employees or agents, or under the authority of the motor
carrier, its employees or agents, or under the apparent authority and with the knowledge
of the motor carrier.
Section 4. Section
72-9-603
is amended to read:
72-9-603
Effective
05/06/26
. Towing notice requirements -- Cost
responsibilities -- Abandoned vehicle title restrictions -- Rules for maximum rates and
certification.
(1)
Except for a tow truck service that was ordered by a peace officer, a person acting on
behalf of a law enforcement agency, or a highway authority, after performing a tow
truck service that is being done without the vehicle, vessel, or outboard motor owner's
knowledge, the tow truck operator or the tow truck motor carrier shall:
(a)
immediately upon arriving at the place of storage or impound of the vehicle, vessel,
or outboard motor:
(i)
provide relevant information to the impound vehicle service system database
administered by the Motor Vehicle Division, including:
(A)
the date and time of the removal of the vehicle, vessel, or outboard motor;
(B)
a description of the vehicle, vessel, or outboard motor; and
(C)
the vehicle identification number or vessel or outboard motor identification
number; and
(ii)
contact the law enforcement agency having jurisdiction over the area where the
vehicle, vessel, or outboard motor was picked up and notify the agency of the:
(A)
location of the vehicle, vessel, or outboard motor;
(B)
date, time, and location from which the vehicle, vessel, or outboard motor was
removed;
(C)
reasons for the removal of the vehicle, vessel, or outboard motor;
(D)
person who requested the removal of the vehicle, vessel, or outboard motor;
and
(E)
description, including the identification number, license number, or other
identification number issued by a state agency, of the vehicle, vessel, or
outboard motor;
(b)
except for a vehicle, vessel, or outboard motor that has been retrieved by the owner
or operator, within two business days of performing the tow truck service under
Subsection
(1)(a)
, send a certified letter to the last-known address of each party
described in Subsection
41-6a-1406(6)(a)
with an interest in the vehicle, vessel, or
outboard motor obtained from the Motor Vehicle Division or, if the
person

individual
has actual knowledge of the party's address, to the
current
party's
address, notifying the party of the:
(i)
location of the vehicle, vessel, or outboard motor;
(ii)
date, time, and location from which the vehicle, vessel, or outboard motor was
removed;
(iii)
reasons for the removal of the vehicle, vessel, or outboard motor;
(iv)
person who requested the removal of the vehicle, vessel, or outboard motor;
(v)
a description, including
its
an
identification number and license number or other
identification number issued by a state agency; and
(vi)
costs and procedures to retrieve the vehicle, vessel, or outboard motor; and
(c)
upon initial contact with the owner or operator whose vehicle, vessel, or outboard
motor was removed, provide the owner or operator with a copy of the Utah
Consumer Bill of Rights Regarding Towing established by the department in
Subsection
(16)(e)
.
(2)
Until the tow truck operator or tow truck motor carrier reports the information required
under Subsection
(1)(a)
, a tow truck operator, tow truck motor carrier, or impound yard
may not:
(a)
collect any fee associated with the removal; or
(b)
begin charging storage fees.
(3)
(a)
Except as provided in Subsection
(3)(b)
or
(9)
, a tow truck operator or tow truck
motor carrier may not perform a tow truck service at the request or direction of a
private property owner or the property owner's agent unless:
(i)
the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the
tow truck service; or
(ii)
the property owner erects signage that meets the requirements of:
(A)
Subsection
(4)(b)(ii)
; and
(B)
Subsection
(7)
or
(8)
.
(b)
Subsections
(7)
through
(9)
do not apply to the removal of a vehicle, vessel, or
outboard motor:
(i)
from a location where parking is prohibited by law, including:
(A)
a designated fire lane;
(B)
within 15 feet of a fire hydrant, unless the vehicle is parked in a marked
parking stall or space; or
(C)
a marked parking stall or space legally designated for disabled
persons
individuals
;
(ii)
from a location where it is reasonably apparent that the location is not open to
parking;
(iii)
from a location where all public access points are controlled by:
(A)
a permanent gate, door, or similar feature allowing the vehicle to access the
facility; or
(B)
a parking attendant;
(iv)
from a location that materially interferes with access to private property;
(v)
from the property of a detached single-family dwelling or duplex; or
(vi)
pursuant to
in accordance with
a legal repossession.
(4)
(a)
A private property owner may, subject to the requirements of a local ordinance,
enforce parking restrictions by:
(i)
authorizing a tow truck motor carrier to patrol and monitor the property and
enforce parking restrictions on behalf of the property owner in accordance with
Subsection
(7)
;
(ii)
enforcing parking restrictions as needed by requesting a tow from a tow truck
motor carrier on a case-by-case basis in accordance with Subsection
(8)
; or
(iii)
requesting a tow from a tow truck motor carrier after providing 24-hour written
notice in accordance with Subsection
(9)
.
(b)
(i)
Any agreement between a private property owner and tow truck motor carrier
authorizing the tow truck motor carrier to patrol and monitor the property under
Subsection
(4)(a)(i)
shall include specific terms and conditions for the tow truck
motor carrier to remove a vehicle, vessel, or outboard motor from the property.
(ii)
In addition to the signage described in Subsection
(7)
or
(8)
, a private property
owner who allows public parking shall erect appropriate signage on the property
indicating clear instructions for parking at the property.
(iii)
Where a single parking area includes abutting parcels of property owned by two
or more private property owners who enforce different parking restrictions under
Subsection
(7)
or
(8)
, each property owner shall, in addition to the requirements
under Subsection
(7)
or
(8)
, erect signage as required by this section:
(A)
at each entrance to the property owner's parcel from another property owner's
parcel; and
(B)
if there is no clearly defined entrance between one property owner's parcel and
another property owner's parcel, at intervals of 40 feet or less along the line
dividing the property owner's parcel from the other property owner's parcel.
(iv)
Where there is no clearly defined entrance to a parking area from a highway, the
property owner shall erect signage as required by this section at intervals of 40
feet or less along any portion of a property line where a vehicle, vessel, or
outboard motor may enter the parking area.
(5)
Nothing in Subsection
(3)
or
(4)
restricts the ability of a private property owner from,
subject to
the provisions of
this section, instituting and enforcing regulations for
parking at the property.
(6)
In addition to any other powers provided by law, a political subdivision or state agency
may:
(a)
enforce parking restrictions in accordance with Subsections
(7)
through (9) on
property that is:
(i)
owned by the political subdivision or state agency;
(ii)
located outside of the public right-of-way; and
(iii)
open to public parking; and
(b)
request or direct a tow truck service
in order
to abate a public nuisance on private
property over which the political subdivision or state agency has jurisdiction.
(7)
For private property where parking is enforced under Subsection
(4)(a)(i)
, the property
owner shall ensure that
each
an
entrance to the property has signs located on the
property and clearly visible to the driver of a vehicle entering the property that
substantially comply with the following, as determined by the department:
(a)
a top sign that is 24 inches tall by 18 inches wide and has:
(i)
a blue, reflective background with a 1/2 inch white border;
(ii)
two-inch, white letters at the top of the sign with the capitalized words "Lot is
Patrolled";
(iii)
a white towing logo that is six inches tall and 16 inches wide that depicts an
entire tow truck, a tow hook, and an entire vehicle being towed; and
(iv)
two-inch, white letters at the bottom of the sign with the capitalized words
"Towing Enforced"; and
(b)
a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective
border, and has:
(i)
a top half that is red background with white, reflective letters indicating:
(A)
who is authorized to park or restricted from parking at the property; and
(B)
any type of vehicle prohibited from parking at the property; and
(ii)
a bottom half that has a white, reflective background with red letters indicating:
(A)
the name and telephone number of the tow truck motor carrier that the
property owner has authorized to patrol the property; and
(B)
the
Internet
internet
web address "tow.utah.gov".
(8)
(a)
For private property where parking is enforced under Subsection
(4)(a)(ii)
, a tow
truck motor carrier may not
:
(i)
a tow truck motor carrier may not:
(A)
(i)
patrol and monitor the property;
(B)
(ii)
perform a tow truck service without the written or verbal request of the
property owner or the property owner's agent; or
(C)
(iii)
act as the property owner's agent to request a tow truck service.
(b)
For private property where parking is enforced under Subsection
(4)(a)(ii)
, the
property owner shall ensure that
each
an
entrance to the property has a clearly
visible sign located on the property that substantially follows the following format, as
determined by the department:
(i)
the sign is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective
border, and has:
(A)
at the top of the sign, a blue background with a white, reflective towing logo
that is at least four inches tall and 16 inches wide that depicts an entire tow
truck, a tow hook, and an entire vehicle being towed;
(B)
immediately below the towing logo described in Subsection
(8)(b)(i)(A)
, a
blue background with white, reflective letters at least two inches tall with the
capitalized words "Towing Enforced";
and
(C)
in the middle of the sign, a red background with white, reflective letters at
least one inch tall indicating who is authorized to park or restricted from
parking at the property, and any type of vehicle prohibited from parking at the
property; and
(ii)
at the bottom of the sign, a white, reflective background with red letters at least
one inch tall indicating:
(A)
either the name and telephone number of the property owner or the property
owner's agent who is authorized to request a tow truck service, or the name and
telephone number of the tow truck motor carrier that provides tow truck
services for the property; and
(B)
the
Internet
internet
web address "tow.utah.gov".
(c)
If a dispute arises regarding whether a sign required under this section substantially
complies with the requirements of this section, the department shall determine
whether the sign substantially complies.
(9)
(a)
For private property without signage substantially meeting the requirements of
Subsection
(7)
or (8), as determined by the department, the property owner may
request a tow truck motor carrier to remove a vehicle, vessel, or outboard motor from
the private property 24 hours after the property owner or the property owner's agent
affixes a written notice to the vehicle, vessel, or outboard motor in accordance with
this Subsection
(9)
.
(b)
The written notice described in Subsection
(9)(a)
shall:
(i)
indicate the exact time when the written notice is affixed to the vehicle, vessel, or
outboard motor;
(ii)
warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel,
or outboard motor will be towed from the property if it is not removed within 24
hours after the time indicated in Subsection
(9)(b)(i)
;
(iii)
be at least four inches tall and four inches wide; and
(iv)
be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on
the driver's side window of the vehicle, vessel, or outboard motor.
(c)
A property owner may authorize a tow truck motor carrier to act as the property
owner's agent for purposes of affixing the written notice described in Subsection
(9)(a)
to a vehicle, vessel, or outboard motor.
(10)
The department shall publish on the
department Internet

department's
website the
signage requirements and written notice requirements and illustrated or photographed
examples of the signage and written notice requirements described in Subsections
(7)

through
(9)
.
(11)
It is an affirmative defense to any claim, based on the lack of notice, that arises from
the towing of a vehicle, vessel, or outboard motor from private property that the property
had signage meeting the requirements of:
(a)
Subsection
(4)(b)(ii)
; and
(b)
Subsection
(7)
or
(8)
.
(12)
An individual described in Subsection
41-6a-1406(7)(f)(i)
or a party described in
Subsection
41-6a-1406(6)(a)
with an interest in a vehicle, vessel, or outboard motor
lawfully removed is only responsible for paying:
(a)
the tow truck service and storage fees set in accordance with Subsection
(16)
; and
(b)
the administrative impound fee set in Section
41-6a-1406
, if applicable.
(13)
(a)
As used in this Subsection
(13)
, "life essential item" means:
(i)
prescription medication;
(ii)
medical equipment;
(iii)
shoes;
(iv)
coats;
(v)
food and water;
(vi)
child safety seats;
(vii)
a cell phone;
(viii)
tools specific to the registered owner's current employment;
(vii)
(ix)
government-issued photo identification; and
(viii)
(x)
human remains.
(b)
The fees under Subsection
(12)
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
, or

an item
being held as evidence,
a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a
party described in Subsection
41-6a-1406(6)(a)
with an interest in the vehicle, vessel,
or outboard motor or an individual described in Subsection
41-6a-1406(7)(f)(i)
to
take possession of any life essential item within the vehicle, vessel, or outboard
motor
after completion of a life essential item retrieval form
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 party described in Subsection
41-6a-1406(6)(a)
with an
interest in the vehicle, vessel, or outboard motor or an individual described in
Subsection
41-6a-1406(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.
(f)
The tow truck operator or tow truck motor carrier shall securely store the vehicle,
vessel, or outboard motor and items described in Subsection
(13)(a)
in an approved
state impound yard until a party described in Subsection
41-6a-1406(6)(a)
with an
interest in the vehicle, vessel, or outboard motor:
(i)
pays the fees described in Subsection
(12)
; and
(ii)
removes the vehicle, vessel, or outboard motor from the state impound yard.
(14)
(a)
A vehicle, vessel, or outboard motor shall be considered abandoned if a party
described in Subsection
41-6a-1406(6)(a)
with an interest in the vehicle, vessel, or
outboard motor or an individual described in Subsection
41-6a-1406(7)(f)(i)
does not,
within 30 days after notice has been sent under Subsection
(1)(b)
:
(i)
pay the fees described in Subsection
(12)
; and
(ii)
remove the vehicle, vessel, or outboard motor from the secure storage facility.
(b)
A person may not request a transfer of title to an abandoned vehicle, vessel, or
outboard motor until at least 30 days after notice has been sent under Subsection
(1)(b)
.
(15)
(a)
A tow truck motor carrier or impound yard shall clearly and conspicuously post
and disclose all
its current
fees, rates, and acceptable forms of payment for tow
truck service and storage of a vehicle in accordance with rules established under
Subsection
(16)
.
(b)
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 tow truck service under Subsection
(1)

or any service rendered, performed, or supplied in connection with a tow truck
service under Subsection
(1)
.
(16)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall:
(a)
subject to the restriction in Subsection
(17)
, set maximum rates that:
(i)
a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel,
or outboard motor that are transported in response to:
(A)
a peace officer dispatch call;
(B)
a motor vehicle division call; and
(C)
any other call or request where the owner of the vehicle, vessel, or outboard
motor has not consented to the removal;
(ii)
an impound yard may charge for the storage of a vehicle, vessel, or outboard
motor stored as a result of one of the conditions listed under Subsection
(16)(a)(i)
;
and
(iii)
an impound yard may charge for the after-hours release of a vehicle, vessel, or
outboard motor stored as a result of one of the conditions described in Subsection
(16)(a)(i)
;
(b)
establish authorized towing certification requirements, not in conflict with federal
law, related to incident safety, clean-up, and hazardous material handling;
(c)
specify the form and content of the posting and disclosure of fees and rates charged
and acceptable forms of payment by a tow truck motor carrier or impound yard;
(d)
set a maximum rate for an administrative fee that a tow truck motor carrier may
charge for reporting the information required under Subsection
(1)(a)(i)
and
providing notice of the removal to each party described in Subsection
41-6a-1406(6)(a)
with an interest in the vehicle, vessel, or outboard motor as required
in Subsection
(1)(b)
;
(e)
establish a Utah Consumer Bill of Rights Regarding Towing form that contains
specific information regarding:
(i)
a vehicle owner's or operator's rights and responsibilities if the owner's vehicle is
towed;
(ii)
identifies the maximum rates that a tow truck motor carrier may charge for the
tow truck service of a vehicle, vessel, or outboard motor that is transported in
response to a call or request where the owner of the vehicle, vessel, or outboard
motor has not consented to the removal; and
(iii)
identifies the maximum rates that an impound yard may charge for the storage of
vehicle, vessel, or outboard motor that is transported in response to a call or
request where the owner of the vehicle, vessel, or outboard motor has not
consented to the removal; and
(f)
set a maximum rate for an after-hours fee allowed under Subsection
(19)(b)
.
(17)
An impound yard may not charge a fee for the storage of an impounded vehicle,
vessel, or outboard motor if:
(a)
the vehicle, vessel, or outboard motor is being held as evidence; and
(b)
the vehicle, vessel, or outboard motor is not being released to a party described in
Subsection
41-6a-1406(6)(a)
or an individual described in Subsection
41-6a-1406(7)(f)(i)
, even if the party satisfies the requirements to release the vehicle,
vessel, or outboard motor under Section
41-6a-1406
.
(18)
(a)
(i)
A tow truck motor carrier may charge a rate up to the maximum rate set by
the department in rules made under Subsection
(16)
.
(ii)
In addition to the maximum rates established under Subsection
(16)
and when
receiving payment by credit card or debit card, a tow truck operator, a tow truck
motor carrier, or an impound yard may charge a card processing fee of 3% of the
transaction total.
(b)
A tow truck motor carrier may not be required to maintain insurance coverage at a
higher level than required in rules made
pursuant to
in accordance with
Subsection
(16)
.
(19)
When a tow truck motor carrier or impound lot is in possession of a vehicle, vessel, or
outboard motor as a result of a tow service that was performed without the consent of
the owner, and that was not ordered by a peace officer or a person acting on behalf of a
law enforcement agency, the tow truck motor carrier or impound yard shall make
personnel available:
(a)
by phone 24 hours a day, seven days a week; and
(b)
to release the impounded vehicle, vessel, or outboard motor to the owner within one
hour of when the owner calls the tow truck motor carrier or impound yard.
(20)
A tow truck motor carrier or a tow truck operator may not:
(a)
share contact or other personal information of an owner of a vehicle, vessel, or
outboard motor or a party described in Subsection
41-6a-1406(6)(a)
for which the
tow truck motor carrier or tow truck operator has performed a tow service; and
(b)
receive payment for referring a person for whom the tow truck motor carrier or tow
truck operator has performed a tow service to another service, including:
(i)
a lawyer referral service;
(ii)
a medical provider;
(iii)
a funding agency;
(iv)
a marketer for any service described in Subsections
(20)(b)(i)
through
(iii)
;
(v)
a marketer for any other service; or
(vi)
a third party vendor.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-23-26 5:16 PM