Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 228 Third Substitute (2019GS)

Sponsor

Rep. Maloy, A.C.

Final action

Governor Signed 3/27/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definitions;
• amends provisions related to state impound yards, including fencing requirements for state impound yards;
• amends provisions related to fees and background checks in relation to inclusion on a towing rotation;
• requires a political subdivision or state agency to provide an appeals process regarding suspension or removal from a towing rotation; and
• makes technical changes.

Every vote on this bill

Bill text

TOWING REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill revises provisions related to towing, including state impound yards and towing
rotations.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ amends provisions related to state impound yards, including fencing requirements
for state impound yards;
▸ amends provisions related to fees and background checks in relation to inclusion on
a towing rotation;
▸ requires a political subdivision or state agency to provide an appeals process
regarding suspension or removal from a towing rotation; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-102
, as last amended by Laws of Utah 2018, Chapters 166 and 424
41-1a-1101
, as last amended by Laws of Utah 2018, Chapter 29
41-6a-1406
, as last amended by Laws of Utah 2017, Chapters 100 and 261
72-9-102
, as last amended by Laws of Utah 2017, Chapter 96
72-9-603
, as last amended by Laws of Utah 2017, Chapter 298
72-9-604
, as last amended by Laws of Utah 2017, Chapter 298
ENACTS:
72-9-607
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-102
 is amended to read:
41-1a-102.
Definitions.
As used in this chapter:
(1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
(2) "Actual weight" means the actual unladen weight of a vehicle or combination of
vehicles as operated and certified to by a weighmaster.
(3) "All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(4) "All-terrain type II vehicle" means the same as that term is defined in Section
41-22-2
.
(5) "All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
(6) "Alternative fuel vehicle" means:
(a) an electric motor vehicle;
(b) a hybrid electric motor vehicle;
(c) a plug-in hybrid electric motor vehicle; or
(d) a motor vehicle powered by a fuel other than:
(i) motor fuel;
(ii) diesel fuel;
(iii) natural gas; or
(iv) propane.
(7) "Amateur radio operator" means any person licensed by the Federal
Communications Commission to engage in private and experimental two-way radio operation
on the amateur band radio frequencies.
(8) "Autocycle" means the same as that term is defined in Section 
53-3-102
.
(9) "Branded title" means a title certificate that is labeled:
(a) rebuilt and restored to operation;
(b) flooded and restored to operation; or
(c) not restored to operation.
(10) "Camper" means any structure designed, used, and maintained primarily to be
mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
camping.
(11) "Certificate of title" means a document issued by a jurisdiction to establish a
record of ownership between an identified owner and the described vehicle, vessel, or outboard
motor.
(12) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
weighmaster.
(13) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
maintained for the transportation of persons or property that operates:
(a) as a carrier for hire, compensation, or profit; or
(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
owner's commercial enterprise.
(14) "Commission" means the State Tax Commission.
(15) "Consumer price index" means the same as that term is defined in Section
59-13-102
.
(16) "Dealer" means a person engaged or licensed to engage in the business of buying,
selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
(17) "Diesel fuel" means the same as that term is defined in Section 
59-13-102
.
(18) "Division" means the Motor Vehicle Division of the commission, created in
Section 
41-1a-106
.
(19) "Electric motor vehicle" means a motor vehicle that is powered solely by an
electric motor drawing current from a rechargeable energy storage system.
(20) "Essential parts" means all integral and body parts of a vehicle of a type required
to be registered in this state, the removal, alteration, or substitution of which would tend to
conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of
operation.
(21) "Farm tractor" means every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(22) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
the owner's or operator's own use in the transportation of:
(i) farm products, including livestock and its products, poultry and its products,
floricultural and horticultural products;
(ii) farm supplies, including tile, fence, and every other thing or commodity used in
agricultural, floricultural, horticultural, livestock, and poultry production; and
(iii) livestock, poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of a farm.
(b) "Farm truck" does not include the operation of trucks by commercial processors of
agricultural products.
(23) "Fleet" means one or more commercial vehicles.
(24) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
this state from another state, territory, or country other than in the ordinary course of business
by or through a manufacturer or dealer, and not registered in this state.
(25) "Gross laden weight" means the actual weight of a vehicle or combination of
vehicles, equipped for operation, to which shall be added the maximum load to be carried.
(26) "Highway" or "street" means the entire width between property lines of every way
or place of whatever nature when any part of it is open to the public, as a matter of right, for
purposes of vehicular traffic.
(27) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
energy from onboard sources of stored energy that are both:
(a) an internal combustion engine or heat engine using consumable fuel; and
(b) a rechargeable energy storage system where energy for the storage system comes
solely from sources onboard the vehicle.
(28) (a) "Identification number" means the identifying number assigned by the
manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
motor.
(b) "Identification number" includes a vehicle identification number, state assigned
identification number, hull identification number, and motor serial number.
(29) "Implement of husbandry" means every vehicle designed or adapted and used
exclusively for an agricultural operation and only incidentally operated or moved upon the
highways.
(30) (a) "In-state miles" means the total number of miles operated in this state during
the preceding year by fleet power units.
(b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
total number of miles that those vehicles were towed on Utah highways during the preceding
year.
(31) "Interstate vehicle" means any commercial vehicle operated in more than one
state, province, territory, or possession of the United States or foreign country.
(32) "Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(33) "Lienholder" means a person with a security interest in particular property.
(34) "Manufactured home" means a transportable factory built housing unit constructed
on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
square feet, and which is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems.
(35) "Manufacturer" means a person engaged in the business of constructing,
manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
outboard motors for the purpose of sale or trade.
(36) "Mobile home" means a transportable factory built housing unit built prior to June
15, 1976, in accordance with a state mobile home code which existed prior to the Federal
Manufactured Housing and Safety Standards Act (HUD Code).
(37) "Motor fuel" means the same as that term is defined in Section 
59-13-102
.
(38) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
operation on the highways.
(b) "Motor vehicle" does not include an off-highway vehicle.
(39) "Motorboat" means the same as that term is defined in Section 
73-18-2
.
(40) "Motorcycle" means:
(a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
more than three wheels in contact with the ground; or
(b) an autocycle.
(41) "Natural gas" means a fuel of which the primary constituent is methane.
(42) (a) "Nonresident" means a person who is not a resident of this state as defined by
Section 
41-1a-202
, and who does not engage in intrastate business within this state and does
not operate in that business any motor vehicle, trailer, or semitrailer within this state.
(b) A person who engages in intrastate business within this state and operates in that
business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
considered a resident of this state, insofar as that vehicle is concerned in administering this
chapter.
(43) "Odometer" means a device for measuring and recording the actual distance a
vehicle travels while in operation, but does not include any auxiliary odometer designed to be
periodically reset.
(44) "Off-highway implement of husbandry" means the same as that term is defined in
Section 
41-22-2
.
(45) "Off-highway vehicle" means the same as that term is defined in Section 
41-22-2
.
(46) "Operate" means to drive or be in actual physical control of a vehicle or to
navigate a vessel.
(47) "Outboard motor" means a detachable self-contained propulsion unit, excluding
fuel supply, used to propel a vessel.
(48) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
security interest.
(b) If a vehicle is the subject of an agreement for the conditional sale or installment
sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of possession vested in the conditional
vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
chapter.
(c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
owner until the lessee exercises the lessee's option to purchase the vehicle.
(49) "Park model recreational vehicle" means a unit that:
(a) is designed and marketed as temporary living quarters for recreational, camping,
travel, or seasonal use;
(b) is not permanently affixed to real property for use as a permanent dwelling;
(c) requires a special highway movement permit for transit; and
(d) is built on a single chassis mounted on wheels with a gross trailer area not
exceeding 400 square feet in the setup mode.
(50) "Personalized license plate" means a license plate that has displayed on it a
combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
to the vehicle by the division.
(51) (a) "Pickup truck" means a two-axle motor vehicle with motive power
manufactured, remanufactured, or materially altered to provide an open cargo area.
(b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
camper, camper shell, tarp, removable top, or similar structure.
(52) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that
has the capability to charge the battery or batteries used for vehicle propulsion from an
off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle
while the vehicle is in motion.
(53) "Pneumatic tire" means every tire in which compressed air is designed to support
the load.
(54) "Preceding year" means a period of 12 consecutive months fixed by the division
that is within 16 months immediately preceding the commencement of the registration or
license year in which proportional registration is sought. The division in fixing the period shall
conform it to the terms, conditions, and requirements of any applicable agreement or
arrangement for the proportional registration of vehicles.
(55) "Public garage" means every building or other place where vehicles or vessels are
kept and stored and where a charge is made for the storage and keeping of vehicles and vessels.
(56) "Receipt of surrender of ownership documents" means the receipt of surrender of
ownership documents described in Section 
41-1a-503
.
(57) "Reconstructed vehicle" means every vehicle of a type required to be registered in
this state that is materially altered from its original construction by the removal, addition, or
substitution of essential parts, new or used.
(58) "Recreational vehicle" means the same as that term is defined in Section
13-14-102
.
(59) "Registration" means a document issued by a jurisdiction that allows operation of
a vehicle or vessel on the highways or waters of this state for the time period for which the
registration is valid and that is evidence of compliance with the registration requirements of the
jurisdiction.
(60) (a) "Registration year" means a 12 consecutive month period commencing with
the completion of all applicable registration criteria.
(b) For administration of a multistate agreement for proportional registration the
division may prescribe a different 12-month period.
(61) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
or outboard motor, or by correcting the inoperative part.
(62) "Replica vehicle" means:
(a) a street rod that meets the requirements under Subsection 
41-21-1
(3)(a)(i)(B); or
(b) a custom vehicle that meets the requirements under Subsection
41-6a-1507
(1)(a)(i)(B).
(63) "Road tractor" means every motor vehicle designed and used for drawing other
vehicles and constructed so it does not carry any load either independently or any part of the
weight of a vehicle or load that is drawn.
(64) "Sailboat" means the same as that term is defined in Section 
73-18-2
.
(65) "Security interest" means an interest that is reserved or created by a security
agreement to secure the payment or performance of an obligation and that is valid against third
parties.
(66) "Semitrailer" means every vehicle without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and constructed so that some part
of its weight and its load rests or is carried by another vehicle.
(67) "Special group license plate" means a type of license plate designed for a
particular group of people or a license plate authorized and issued by the division in accordance
with Section 
41-1a-418
.
(68) (a) "Special interest vehicle" means a vehicle used for general transportation
purposes and that is:
(i) 20 years or older from the current year; or
(ii) a make or model of motor vehicle recognized by the division director as having
unique interest or historic value.
(b) In making a determination under Subsection (68)(a), the division director shall give
special consideration to:
(i) a make of motor vehicle that is no longer manufactured;
(ii) a make or model of motor vehicle produced in limited or token quantities;
(iii) a make or model of motor vehicle produced as an experimental vehicle or one
designed exclusively for educational purposes or museum display; or
(iv) a motor vehicle of any age or make that has not been substantially altered or
modified from original specifications of the manufacturer and because of its significance is
being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
leisure pursuit.
(69) (a) "Special mobile equipment" means every vehicle:
(i) not designed or used primarily for the transportation of persons or property;
(ii) not designed to operate in traffic; and
(iii) only incidentally operated or moved over the highways.
(b) "Special mobile equipment" includes:
(i) farm tractors;
(ii) off-road motorized construction or maintenance equipment including backhoes,
bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii) ditch-digging apparatus.
(c) "Special mobile equipment" does not include a commercial vehicle as defined
under Section 
72-9-102
.
(70) "Specially constructed vehicle" means every vehicle of a type required to be
registered in this state, not originally constructed under a distinctive name, make, model, or
type by a generally recognized manufacturer of vehicles, and not materially altered from its
original construction.
(71) "State impound yard" means a yard for the storage of a vehicle, vessel, or outboard
motor that meets the requirements of rules made by the commission pursuant to Subsection
41-1a-1101
(5).
[
(71)
] 
(72)
 "Title" means the right to or ownership of a vehicle, vessel, or outboard
motor.
[
(72)
] 
(73)
 (a) "Total fleet miles" means the total number of miles operated in all
jurisdictions during the preceding year by power units.
(b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
the number of miles that those vehicles were towed on the highways of all jurisdictions during
the preceding year.
[
(73)
] 
(74)
 "Trailer" means a vehicle 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.
[
(74)
] 
(75)
 "Transferee" means a person to whom the ownership of property is
conveyed by sale, gift, or any other means except by the creation of a security interest.
[
(75)
] 
(76)
 "Transferor" means a person who transfers the person's ownership in
property by sale, gift, or any other means except by creation of a security interest.
[
(76)
] 
(77)
 "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
vacation use that does not require a special highway movement permit when drawn by a
self-propelled motor vehicle.
[
(77)
] 
(78)
 "Truck tractor" means a motor vehicle designed and used primarily for
drawing other vehicles and not constructed to carry a load other than a part of the weight of the
vehicle and load that is drawn.
[
(78)
] 
(79)
 "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
camper, park model recreational vehicle, manufactured home, and mobile home.
[
(79)
] 
(80)
 "Vessel" means the same as that term is defined in Section 
73-18-2
.
[
(80)
] 
(81)
 "Vintage vehicle" means the same as that term is defined in Section
41-21-1
.
[
(81)
] 
(82)
 "Waters of this state" means the same as that term is defined in Section
73-18-2
.
[
(82)
] 
(83)
 "Weighmaster" means a person, association of persons, or corporation
permitted to weigh vehicles under this chapter.
Section 2. Section 
41-1a-1101
 is amended to read:
41-1a-1101.
Seizure -- Circumstances where permitted -- Impound lot standards.
(1) The division or any peace officer, without a warrant, may seize and take possession
of any vehicle, vessel, or outboard motor:
(a) that the division or the peace officer has reason 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; or
(g) (i) that the division or the peace officer has reason 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
.
(2) (a) Subject to the restriction in Subsection (2)(b), the division or any peace officer,
without a warrant:
(i) shall seize and take possession of any 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 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 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 peace officer may not seize and take possession of a vehicle
under Subsection (2)(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.
(3) If necessary for the transportation of a seized vessel, the vessel's trailer may be
seized to transport and store the vessel.
(4) Any 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
.
(5) (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 (5)(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 (5)(d)(i) may be opaque chain link
fencing.
(6) (a) Except as provided under Subsection (6)(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 (6)(a).
(7) A person who violates the provisions of Subsection (6) is guilty of a class C
misdemeanor.
(8) 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 3. Section 
41-6a-1406
 is amended to read:
41-6a-1406.
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 removed or impounded as provided under
Section 
41-1a-1101
, 
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 removal or 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 removed or
impounded to[
:(a)
] a state impound yard[
; or
]
.
[
(b) if none, a garage, docking area, or other place of safety.
]
(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 (10).
(4) (a) Immediately after the removal of the vehicle, vessel, or outboard motor, a report
of the removal shall be sent to 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.
(b) 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 license number, temporary permit number, or other identification number
issued by a state agency;
(v) the date, time, and place of impoundment;
(vi) the reason for removal or impoundment;
(vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
outboard motor; and
(viii) the place where the vehicle, vessel, or outboard motor is stored.
(c) 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) Except as provided in Subsection (5)(e) and upon receipt of the report, 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; 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 (5)(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 (5)(e) 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 (5)(a) of the removal and the place where the
vehicle, vessel, or outboard motor is stored.
(d) The Motor Vehicle Division shall forward a copy of the notice to the place where
the vehicle, vessel, or outboard motor is stored.
(e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
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).
(6) (a) The vehicle, vessel, or outboard motor shall be released after a party described
in Subsection (5)(a):
(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 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
, pays an administrative
impound fee of $400; 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 (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
(ii) $147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
be deposited in the Department of Public Safety Restricted Account created in Section
53-3-106
;
(iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
be deposited in the Spinal Cord and Brain Injury Rehabilitation Fund; and
(iv) the remainder of the administrative impound fee assessed under Subsection
(6)(a)(iv) shall be deposited in the General Fund.
(c) The administrative impound fee assessed under Subsection (6)(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.
(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 5(a), even if the party satisfies the requirements to release the vehicle, vessel, or
outboard motor under this Subsection (6).
(7) (a) An impounded vehicle, vessel, or outboard motor not claimed by a party
described in Subsection (5)(a) within the time prescribed by Section 
41-1a-1103
 shall be sold
in accordance with that section and the proceeds, if any, shall be disposed of as provided under
Section 
41-1a-1104
.
(b) The date of impoundment is considered the date of seizure for computing the time
period provided under Section 
41-1a-1103
.
(8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the
impoundment 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.
(9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
or outboard motor.
(10) 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.
(11) (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 (11)(b) shall:
(A) be reasonable and fair; and
(B) reflect the cost of administering the database.
Section 4. Section 
72-9-102
 is amended to read:
72-9-102.
Definitions.
As used in this chapter:
(1) (a) "Commercial vehicle" includes:
(i) an interstate commercial vehicle; and
(ii) an intrastate commercial vehicle.
(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 combination weight rating of 10,001 or
more pounds;
(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) has a manufacturer's gross vehicle weight rating or gross combination weight rating
of 10,001 or more pounds;
(b) is designed to transport more than 15 passengers, including the driver; 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) "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) "Owner" as pertaining to a vehicle, vessel, or outboard motor, means the same as
that term is defined in Section 
41-1a-102
.
(6) "Property owner" means the owner or lessee of real property.
(7) "State impound yard" means the same as that term is defined in Section 
41-1a-102
.
[
(5)
] 
(8)
 "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) "Tow truck motor carrier" means a motor carrier that is engaged in or transacting
business for tow truck services.
(10) "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.
[
(6)
] 
(11)
 "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.
[
(7)
] 
(12)
 "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 5. Section 
72-9-603
 is amended to read:
72-9-603.
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, or 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) send a report of the removal to the Motor Vehicle Division that complies with the
requirements of Subsection 
41-6a-1406
(4)(b); 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) [
vehicle, vessel, or outboard motor's description, including its identification
number and license number or other identification number issued by a state agency;
]
description, including the identification number, license number, or other identification number
issued by a state agency, of the vehicle, vessel, or outboard motor;
(b) 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
(5)(a) with an interest in the vehicle, vessel, or outboard motor obtained from the
Motor Vehicle Division or, if the person has actual knowledge of the party's address, to the
current 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 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 whose vehicle, vessel, or outboard motor was
removed, provide the owner with a copy of the Utah Consumer Bill of Rights Regarding
Towing established by the department in Subsection (7)(e).
(2) (a) Until the tow truck operator or tow truck motor carrier reports the removal as
required under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound
yard may not:
(i) collect any fee associated with the removal; or
(ii) begin charging storage fees.
(b) (i) Except as provided in Subsection (2)(c), a tow truck operator or tow truck motor
carrier may not perform a tow truck service without the vehicle, vessel, or outboard motor
owner's or a lien holder's knowledge at either of the following locations without signage that
meets the requirements of Subsection (2)(b)(ii):
(A) a mobile home park as defined in Section 
57-16-3
; or
(B) a multifamily dwelling of more than eight units.
(ii) Signage under Subsection (2)(b)(i) shall display:
(A) where parking is subject to towing; and
(B) (I) the Internet website address that provides access to towing database information
in accordance with Section 
41-6a-1406
; or
(II) one of the following:
(Aa) the name and phone number of the tow truck operator or tow truck motor carrier
that performs a tow truck service for the locations listed under Subsection (2)(b)(i); or
(Bb) the name of the mobile home park or multifamily dwelling and the phone number
of the mobile home park or multifamily dwelling manager or management office that
authorized the vehicle, vessel, or outboard motor to be towed.
(c) Signage is not required under Subsection (2)(b) for parking in a location:
(i) that is prohibited by law; or
(ii) if it is reasonably apparent that the location is not open to parking.
(d) Nothing in Subsection (2)(b) restricts the ability of a mobile home park as defined
in Section 
57-16-3
 or a multifamily dwelling from instituting and enforcing regulations on
parking.
(3) The party described in Subsection 
41-6a-1406
(5)(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 (7); and
(b) the administrative impound fee set in Section 
41-6a-1406
, if applicable.
(4) (a) The fees under Subsection (3) are a possessory lien on the vehicle, vessel, or
outboard motor and any nonlife essential items contained in the vehicle, vessel, or outboard
motor that are owned by the owner of the vehicle, vessel, or outboard motor until paid.
(b) The tow truck operator or tow truck motor carrier shall securely store the vehicle,
vessel, or outboard motor and items described in Subsection (4)(a) 
in an approved state
impound yard
 until a party described in Subsection 
41-6a-1406
(5)(a) with an interest in the
vehicle, vessel, or outboard motor:
(i) pays the fees described in Subsection (3); and
(ii) removes the vehicle, vessel, or outboard motor from the [
secure storage facility
]
state impound yard
.
(5) (a) A vehicle, vessel, or outboard motor shall be considered abandoned if a party
described in Subsection 
41-6a-1406
(5)(a) with an interest in the vehicle, vessel, or outboard
motor does not, within 30 days after notice has been sent under Subsection (1)(b):
(i) pay the fees described in Subsection (3); 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).
(6) (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 (7).
(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).
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
[
Department of Transportation
] 
department
 shall:
(a) subject to the restriction in Subsection (8), 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; and
(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 (7)(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 removal as required under Subsection (1)(a)(i) and providing notice of
the removal to each party described in Subsection 
41-6a-1406
(5)(a) with an interest in the
vehicle, vessel, or outboard motor as required in Subsection (1)(b); and
(e) establish a Utah Consumer Bill of Rights Regarding Towing form that contains
specific information regarding:
(i) a vehicle owner'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.
(8) 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
(5)(a), even if the party satisfies the requirements to release the vehicle,
vessel, or outboard motor under Section 
41-6a-1406
.
(9) (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 (7).
[
(9)
] 
(ii)
 In addition to the maximum rates established under Subsection (7) and when
receiving payment by credit card, a tow truck operator, a tow truck motor carrier, or an 
impound yard may charge a credit 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 Subsection (7).
(10) 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. 
Section 6. Section 
72-9-604
 is amended to read:
72-9-604.
Preemption of local authorities -- Tow trucks.
(1) (a) Notwithstanding any other provision of law, a political subdivision of this state
may neither enact nor enforce any ordinance, regulation, or rule pertaining to a tow truck motor
carrier, tow truck operator, or tow truck that conflicts with:
(i) any provision of this part;
(ii) Section 
41-6a-1401
;
(iii) Section 
41-6a-1407
; or
(iv) rules made by the department under this part. 
(b) A county or municipal legislative governing body may not charge a fee for the
storage of an impounded vehicle, vessel, or outboard motor if the county or municipality:
(i) is holding the vehicle, vessel, or outboard motor as evidence; and
(ii) will not release the vehicle, vessel, or outboard motor to the registered owner, lien
holder, or the owner's agent even if the registered owner, lien holder, or the owner's agent
satisfies the requirements to release the vehicle, vessel, or outboard motor under Section
41-6a-1406
.
(2) A tow truck motor carrier that has a county or municipal business license for a
place of business located within that county or municipality may not be required to obtain
another business license in order to perform a tow truck service in another county or
municipality if there is not a business location in the other county or municipality.
(3) A county or municipal legislative or governing body may not require a tow truck
motor carrier, tow truck, or tow truck operator that has been issued a current, authorized towing
certificate by the department, as described in Section 
72-9-602
, to obtain an additional towing
certificate.
(4) A county or municipal legislative body may require an annual tow truck safety
inspection in addition to the inspections required under Sections 
53-8-205
 and 
72-9-602
 if:
(a) no fee is charged for the inspection; and
(b) the inspection complies with federal motor carrier safety regulations.
(5) A tow truck shall be subject to only one annual safety inspection under Subsection
(4)(b). A county or municipality that requires the additional annual safety inspection shall
accept the same inspection performed by another county or municipality.
(6) (a) Beginning on July 1, 2021, a political subdivision or state agency may not
charge an applicant a fee or charge related to dispatch costs in order to be part of the towing
rotation of that political subdivision or state agency.
(b) In addition to the fees set by the department in rules made in accordance with
Subsection 
72-9-603
(7), a tow truck motor carrier may charge a fee to cover the costs of a
dispatch charge described in Subsection (6)(a).
(c) The amount of the fee described in Subsection (6)(b) may not exceed the amount
charged to the tow truck motor carrier by the political subdivision or state agency for dispatch
services.
(d) A political subdivision or state agency that does not charge a dispatch fee as of
January 1, 2019, may not charge a dispatch fee described in Subsection (6)(a).
(7) A towing entity may not require a tow truck operator who has received an
authorized towing certificate from the department to submit additional criminal background
check information for inclusion of the tow truck motor carrier on a rotation.
(8) If a tow truck motor carrier is dispatched as part of a towing rotation, the tow truck
operator that responds may not respond to the location in a tow truck that is owned by a tow
truck motor carrier that is different than the tow truck motor carrier that was dispatched.
Section 7. Section 
72-9-607
 is enacted to read:
 72-9-607.
Required process before removal from towing rotation.
(1) Each political subdivision 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) In conducting an appeal as described in Subsection (1):
(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.