Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 392 (2025GS)

Sponsor

Rep. MacPherson, Matt

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies the circumstances in which law enforcement is required to impound a vehicle;
• addresses identification of an individual who operates a vehicle without a valid driving credential;
• allows certain fees to be waived in certain circumstances;
• modifies certain fees;
• defines terms; and
• includes a coordination clause to merge changes in this bill with changes in H.B. 234, Motorcycle Safety Amendments.

Every vote on this bill

Bill text

19
41-1a-1101
41-6a-1406
53-3-202
53-3-203
63I-2-241
Unlicensed Driver Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Daniel McCay
LONG TITLE
General Description:
This bill addresses drivers without a driver license, driving privilege card, or learner permit.
Highlighted Provisions:
This bill:
modifies the circumstances in which law enforcement is required to impound a vehicle;
addresses identification of an individual who operates a vehicle without a valid driving 
credential;
allows certain fees to be waived in certain circumstances;
modifies certain fees; and
defines terms.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-1101
, as last amended by Laws of Utah 2024, Chapter 319
41-6a-1406
, as last amended by Laws of Utah 2024, Chapters 134, 319 and 380
53-3-202
, as last amended by Laws of Utah 2019, Chapter 459
53-3-203
, as last amended by Laws of Utah 2020, Chapter 390
63I-2-241
, as enacted by Laws of Utah 2024, Third Special Session, Chapter 5
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
41-1a-1101
 is amended to read:
41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
(1)
As used in this section:
(a)
(i)
"Criminal offense" means a class B misdemeanor offense, a class A 
misdemeanor offense, or a felony offense.
(ii)
"Criminal offense" includes:
(A)
a class B misdemeanor offense, a class A misdemeanor offense, or a felony 
offense described in Chapter 6a, Traffic Code, Title 53, Chapter 3, Part 2, 
Driver Licensing Act, Title 73, Chapter 18, State Boating Act, or Title 76, Utah 
Criminal Code; and
(B)
a local ordinance that is a class B misdemeanor and is substantially similar to 
an offense listed in Subsection (1)(a)(ii)(A).
(b)
"Driving credential" means:
(i)
a driver license, driving privilege card, or learner permit issued by the state of 
Utah pursuant to Title 53, Chapter 3, Uniform Driver License Act; or
(ii)
a driver license issued by:
(A)
a state or territory of the United States; or
(B)
a foreign country.
(b)
(c)
"Operator" means the same as that term is defined in Section 
41-6a-102
.
(c)
(d)
"Road rage event" means the commission of a criminal offense:
(i)
by an operator of a vehicle;
(ii)
in response to an incident that occurs or escalates upon a roadway; and
(iii)
with the intent to endanger or intimidate an individual in another vehicle.
(d)
(e)
"Roadway" means:
(i)
a highway; or
(ii)
a private road or driveway as defined in Section 
41-6a-102
.
(2)
The division or any 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 probable cause to believe has been stolen;
(b)
on which any identification number has been defaced, altered, or obliterated;
(c)
that has been abandoned in accordance with Section 
41-6a-1408
;
(d)
for which the applicant has written a check for registration or title fees that has not 
been honored by the applicant's bank and that is not paid within 30 days;
(e)
that is placed on the water with improper registration;
(f)
that is being operated on a highway:
(i)
with registration that has been expired for more than three months;
(ii)
having never been properly registered by the current owner; or
(iii)
with registration that is suspended or revoked; or
(g)
(i)
that the division or the peace officer has probable cause to believe has been 
involved in an accident described in Section 
41-6a-401
, 
41-6a-401.3
, or 
41-6a-401.5
; and
(ii)
whose operator did not remain at the scene of the accident until the operator 
fulfilled the requirements described in Section 
41-6a-401
 or 
41-6a-401.7
.
(3)
(a)
The division or a peace officer shall seize and take possession of a vehicle, 
without a warrant, when:
(i)
the division or the peace officer has probable cause to believe that an operator of 
the vehicle engaged in a road rage event; and
(ii)
the operator of the vehicle has been arrested in conjunction with the road rage 
event.
(b)
Except as provided in Subsection 
(3)(d)
, the division or a peace officer shall seize 
and take possession of a vehicle, without a warrant, when an operator of a vehicle 
does not have a driving credential in the operator's possession unless the peace officer 
is able to verify that the operator has been issued a driving credential.
(b)
(c)
A peace officer may release a vehicle seized and possessed under Subsection 
(3)(a)
or (3)(b) 
to the registered owner of the vehicle if the registered owner is not the 
individual subject to arrest under Subsection (3)(a)
 or (3)(b)
 and is immediately 
available, at the location of the arrest, to take possession of the vehicle.
(d)
The division or a peace officer is not required to seize and take possession of a 
vehicle as described in Subsection 
(3)(b)
 if the division or a peace officer makes a 
reasonable determination that:
(i)
the operator has been issued a driving credential that is expired;
(ii)
seizing the vehicle would create a public safety concern to the operator or any of 
the occupants in the vehicle;
(iii)
seizing the vehicle would prevent the division or the peace officer from 
addressing other public safety considerations;
(iv)
the operator is less than 18 years old; or
(v)
an occupant of the vehicle possesses a driving credential and is willing to operate 
the vehicle.
(4)
(a)
Subject to the restriction in Subsection (4)(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 (4)(a):
(i)
if the operator of the vehicle is not carrying evidence of owner's or operator's 
security as defined in Section 
41-12a-303.2
 in the vehicle unless the division or 
peace officer verifies that owner's or operator's security is not in effect for the 
vehicle through the Uninsured Motorist Identification Database created in 
accordance with Section 
41-12a-803
; or
(ii)
if the operator of the vehicle is carrying evidence of owner's or operator's security 
as defined in Section 
41-12a-303.2
 in the vehicle and the Uninsured Motorist 
Identification Database created in accordance with Section 
41-12a-803
 indicates 
that the owner's or operator's security is not in effect for the vehicle, unless the 
division or a peace officer makes a reasonable attempt to independently verify that 
owner's or operator's security is not in effect for the vehicle.
(5)
If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to 
transport and store the vessel.
(6)
Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor 
under this section shall comply with the provisions of Section 
41-6a-1406
.
(7)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
the commission shall make rules setting standards for public garages, impound lots, 
and impound yards that may be used by peace officers and the division.
(b)
The standards shall be equitable, reasonable, and unrestrictive as to the number of 
public garages, impound lots, or impound yards per geographical area.
(c)
A crusher, dismantler, or salvage dealer may not operate as a state impound yard 
unless the crusher, dismantler, or salvage dealer meets all of the requirements for a 
state impound yard set forth in this section and rules made in accordance with 
Subsection (7)(a).
(d)
(i)
Rules made by the commission shall include a requirement that a state impound 
yard have opaque fencing on any side of the state impound yard that has frontage 
with a highway.
(ii)
The opaque fencing described in Subsection (7)(d)(i) may be opaque chain link 
fencing.
(8)
(a)
Except as provided under Subsection (8)(b), a person may not operate or allow to 
be operated a vehicle stored in a public garage, impound lot, or impound yard 
regulated under this part without prior written permission of the owner of the vehicle.
(b)
Incidental and necessary operation of a vehicle to move the vehicle from one parking 
space to another within the facility and that is necessary for the normal management 
of the facility is not prohibited under Subsection (8)(a).
(9)
A person who violates the provisions of Subsection (8) is guilty of a class C 
misdemeanor.
(10)
The division or the peace officer who seizes a vehicle shall record the mileage shown 
on the vehicle's odometer at the time of seizure, if:
(a)
the vehicle is equipped with an odometer; and
(b)
the odometer reading is accessible to the division or the peace officer.
Section 2, Section 
41-6a-1406
 is amended to read:
41-6a-1406. 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)
If the form described in Subsection 
(4)(c)
 does not include the reason for the 
removal or impoundment described in Subsection 
(4)(c)(vii)
, the peace officer and 
tow truck operator described in Subsection 
(4)(b)
 shall note "other" as the reason 
for the removal or impoundment.
(ii)
The commission shall update the form described in Subsection 
(4)(c)
 to include 
driving without a driving credential as a reason for impoundment as described in 
Subsection 
41-1a-1101(3)
 no later than January 1, 2026.
(d)
(e)
(i)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking 
Act, the State Tax Commission shall make rules to establish proper format and 
information required on the form described in this Subsection (4).
(ii)
The State Tax Commission shall ensure that the form described in this Subsection 
(4) is provided in an electronic format.
(e)
(f)
Until the tow truck operator or tow truck motor carrier reports the removal as 
required under this Subsection (4), a tow truck motor carrier or impound yard may 
not:
(i)
collect any fee 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)(e), 
(5)(d) 
including submission in 
an electronic format.
(6)
(a)
Except as provided in Subsection (6)(d) and upon receipt of a report described in 
Subsection (4) or (5), the Motor Vehicle Division shall give notice, in the manner 
described in Section 
41-1a-114
, to the following parties with an interest in the 
vehicle, vessel, or outboard motor, as applicable:
(i)
the registered owner;
(ii)
any lien holder; or
(iii)
a dealer, as defined in Section 
41-1a-102
, if the vehicle, vessel, or outboard 
motor is currently operating under a temporary permit issued by the dealer, as 
described in Section 
41-3-302
.
(b)
The notice shall:
(i)
state the date, time, and place of removal, the name, if applicable, of the person 
operating the vehicle, vessel, or outboard motor at the time of removal, the reason 
for removal, and the place where the vehicle, vessel, or outboard motor is stored;
(ii)
state that the registered owner is responsible for payment of towing, impound, 
and storage fees charged against the vehicle, vessel, or outboard motor;
(iii)
state the conditions that must be satisfied before the vehicle, vessel, or outboard 
motor is released; and
(iv)
inform the parties described in Subsection (6)(a) of the division's intent to sell the 
vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal 
or impoundment under this section, one of the parties fails to make a claim for 
release of the vehicle, vessel, or outboard motor.
(c)
Except as provided in Subsection (6)(d) and if the vehicle, vessel, or outboard motor 
is not registered in this state, the Motor Vehicle Division shall make a reasonable 
effort to notify the parties described in Subsection (6)(a) of the removal and the place 
where the vehicle, vessel, or outboard motor is stored.
(d)
The Motor Vehicle Division is not required to give notice under this Subsection (6) 
if a report was received by a tow truck operator or tow truck motor carrier reporting a 
tow truck service in accordance with Subsection 
72-9-603
(1)(a)(i).
(e)
(i)
The Motor Vehicle Division shall disclose the information in the report 
described in Subsection (4) and Subsection 
72-9-603
(1)(a)(i) to a designated agent 
as defined in Section 
41-12a-802
 regarding a tow that was initiated:
(A)
by law enforcement; or
(B)
without the vehicle owner's consent.
(ii)
The Motor Vehicle Division may rely on the information provided by the tow 
truck operator or tow truck motor carrier to determine if a tow meets the criteria 
described in Subsections (6)(e)(i)(A) and (B).
(iii)
The designated agent may disclose information received regarding a tow 
described in Subsections (6)(e)(i)(A) and (B) to the vehicle owner and to the 
vehicle owner's verified insurance company.
(iv)
The designated agent may not disclose information to a vehicle owner's 
insurance company if the tow does not meet the criteria described in Subsections 
(6)(e)(i)(A) and (B).
(7)
(a)
The vehicle, vessel, or outboard motor impounded or removed to a state impound 
yard as described in this section shall be released after a party described in 
Subsection (6)(a):
(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
$600
; and
(B)
in addition to the administrative fee described in Subsection 
(6)(a)(iv)(A)
(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)
$29 
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 
(6)(a)(iv)(B) 
(7)(a)(iv)(B) 
shall be deposited into the State Laboratory Drug Testing Account created in 
Section 
26B-1-304
.
(c)
The administrative impound fee and the administrative testing fee assessed under 
Subsection (7)(a)(iv) shall be waived or refunded by the State Tax Commission if the 
registered owner, lien holder, or owner's agent presents written evidence to the State 
Tax Commission that:
(i)
the Driver License Division determined that the arrested person's driver license 
should not be suspended or revoked under Section 
53-3-223
 or 
41-6a-521
 as 
shown by a letter or other report from the Driver License Division presented 
within 180 days after the day on which the Driver License Division mailed the 
final notification; or
(ii)
the vehicle was stolen at the time of the impoundment as shown by a copy of the 
stolen vehicle report presented within 180 days after the day of the impoundment.
(d)
(i)
A tow truck operator, a tow truck motor carrier, and an impound yard shall 
accept payment by cash and debit or credit card for a removal or impoundment 
under Subsection (1) or any service rendered, performed, or supplied in 
connection with a removal or impoundment under Subsection (1).
(ii)
An impound yard may not release a vehicle unless an individual with a driving 
credential, as defined in Section 
41-1a-1101
, is present and able to drive the 
vehicle.
(e)
The owner of an impounded vehicle may not be charged a fee for the storage of the 
impounded vehicle, vessel, or outboard motor if:
(i)
the vehicle, vessel, or outboard motor is being held as evidence; and
(ii)
the vehicle, vessel, or outboard motor is not being released to a party described in 
Subsection (6)(a), even if the party satisfies the requirements to release the 
vehicle, vessel, or outboard motor under this Subsection (7).
(8)
(a)
For an impounded or a removed vehicle, vessel, or outboard motor not claimed by 
a party described in Subsection (6)(a) 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)
Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel, or 
outboard motor.
(11)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
department shall make rules setting the performance standards for towing companies to 
be used by the department.
(12)
(a)
The Motor Vehicle Division may specify that a report required under Subsection 
(4) be submitted in electronic form utilizing a database for submission, storage, and 
retrieval of the information.
(b)
(i)
Unless otherwise provided by statute, the Motor Vehicle Division or the 
administrator of the database may adopt a schedule of fees assessed for utilizing 
the database.
(ii)
The fees under this Subsection (12)(b) shall:
(A)
be reasonable and fair; and
(B)
reflect the cost of administering the database.
Section 3, Section 
53-3-202
 is amended to read:
53-3-202. Drivers must be licensed -- Violation.
(1)
A human driver may not drive a motor vehicle or an autocycle on a highway in this state 
unless the human driver is:
(a)
granted the privilege to operate a motor vehicle by being licensed as a driver by the 
division under this chapter;
(b)
driving an official United States Government class D motor vehicle with a valid 
United States Government driver permit or license for that type of vehicle;
(c)
(i)
driving a road roller, road machinery, or any farm tractor or implement of 
husbandry temporarily drawn, moved, or propelled on the highways; and
(ii)
driving the vehicle described in Subsection 
(1)(c)(i)
 in conjunction with a 
construction or agricultural activity;
(d)
a nonresident who is at least 16 years of age and younger than 18 years of age who 
has in the nonresident's immediate possession a valid license certificate issued to the 
nonresident in the nonresident's home state or country and is driving in the class or 
classes identified on the home state license certificate, except those persons referred 
to in 
Part 6, Drivers' License Compact
, of this chapter;
(e)
a nonresident who is at least 18 years of age and who has in the nonresident's 
immediate possession a valid license certificate issued to the nonresident in the 
nonresident's home state or country if driving in the class or classes identified on the 
home state license certificate, except those persons referred to in 
Part 6, Drivers' 
License Compact
, of this chapter;
(f)
driving under a learner permit in accordance with Section 
53-3-210.5
;
(g)
driving with a temporary license certificate issued in accordance with Section 
53-3-207
; or
(h)
exempt under 
Title 41, Chapter 22, Off-highway Vehicles
.
(2)
A human driver may not drive a motor vehicle or perform lateral or longitudinal vehicle 
motion control for a vehicle being towed by another motor vehicle upon a highway 
unless the human driver:
(a)
is licensed under this chapter to drive a motor vehicle of the type or class of motor 
vehicle being towed; or
(b)
is exempted under either Subsection 
(1)(b)
 or 
(1)(c)
.
(3)
(a)
A human driver may not drive a motor vehicle as a taxicab on a highway of this 
state unless the person has a valid class D driver license issued by the division.
(b)
A human driver may not drive a motor vehicle as a private passenger carrier on a 
highway of this state unless the human driver has:
(i)
a taxicab endorsement issued by the division on the human driver's license 
certificate; or
(ii)
a commercial driver license with:
(A)
a taxicab endorsement;
(B)
a passenger endorsement; or
(C)
a school bus endorsement.
(c)
Nothing in Subsection 
(3)(b)
 is intended to exempt a human driver driving a motor 
vehicle as a private passenger carrier from regulation under other statutory and 
regulatory schemes, including:
(i)
49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;
(ii)
Title 34, Chapter 36, Transportation of Workers
, and rules adopted by the Labor 
Commission in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
; and
(iii)
Title 72, Chapter 9, Motor Carrier Safety Act
, and rules adopted by the Motor 
Carrier Division in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
.
(4)
(a)
Except as provided in Subsections 
(4)(b)
, 
(c)
, 
(d)
, and 
(e)
, a human driver may not 
operate:
(i)
a motorcycle unless the human driver has a valid class D driver license and a 
motorcycle endorsement issued under this chapter;
(ii)
a street legal all-terrain vehicle unless the human driver has a valid class D driver 
license; or
(iii)
a motor-driven cycle unless the human driver has a valid class D driver license 
and a motorcycle endorsement issued under this chapter.
(b)
A human driver operating a moped, as defined in Section 
41-6a-102
, is not required 
to have a motorcycle endorsement issued under this chapter.
(c)
An individual operating an electric assisted bicycle, as defined in Section 
41-6a-102
, 
is not required to have a valid class D driver license or a motorcycle endorsement 
issued under this chapter.
(d)
An individual is not required to have a valid class D driver license if the person is:
(i)
operating a motor assisted scooter, as defined in Section 
41-6a-102
, in accordance 
with Section 
41-6a-1115
; or
(ii)
operating an electric personal assistive mobility device, as defined in Section 
41-6a-102
, in accordance with Section 
41-6a-1116
.
(e)
A human driver operating an autocycle is not required to have a motorcycle 
endorsement issued under this chapter.
(5)
An automated driving system as defined in Section 
41-26-102.1
 is not required to have 
a driver license.
(6)
(a)
As used in this Subsection 
(6)
, a "quick fingerprint" is a fingerprint, taken on a 
biometric device, that is:
(i)
taken for the purpose of identifying an individual;
(ii)
queried against an Automated Fingerprint Identification System;
(iii)
is not added to or stored in the Automated Fingerprint Identification System; and
(iv)
can be accomplished in approximately 15 minutes or less.
(b)
An individual without a driver license, driving privilege card, or learner permit that 
is lawfully subjected to a stop by a peace officer as described in Section 
77-7-15
 shall 
present another form of government-issued identification.
(c)
Subject to Subsection 
(7)
, a peace officer shall take a quick fingerprint of an 
individual described in Subsection 
(6)(b)
 if:
(i)
the peace officer is able to verify that the individual has been issued a driving 
credential;
(ii)
the individual does not provide a form of identification; or
(iii)
the peace officer has reasonable suspicion to believe that the form of 
identification presented is fraudulent.
(d)
Nothing in this Subsection 
(6)
 prohibits a peace officer from conducting a full 
fingerprint panel subject to a noncustodial booking.
(7)
A peace officer is not required to comply with Subsection 
(6)(c)
 if:
(a)
doing so would create a safety concern for the driver or peace officer;
(b)
doing so would prevent the peace officer from addressing other public safety 
considerations;
(c)
the peace officer does not have adequate equipment to take a fingerprint; or
(d)
the peace officer would be unable to complete a fingerprint check due to lack of 
cellular service.
(8)
A law enforcement agency shall ensure access to fingerprinting equipment to comply 
with Subsection 
(6)
 no later than January 1, 2027.
(6)
(9)
(a)
A person
Except as described in Subsection (9)(b), an individual
 who 
violates this section is guilty of 
an infraction.
a class C misdemeanor.
(b)
An individual is guilty of a class B misdemeanor if, at the time of the offense, the 
individual has previously been convicted of a violation of this section.
(c)
In addition to the penalties described in Subsections (9)(a) and (b), an individual who 
violates this section is also subject to seizure of the vehicle as described in Section 
41-1a-1101
.
Section 4, Section 
53-3-203
 is amended to read:
53-3-203. Authorizing or permitting driving in violation of chapter -- Renting of 
motor vehicles -- License requirements -- Employees must be licensed -- Violations.
(1)
A person may not authorize or knowingly permit a motor vehicle owned by the person 
or under the person's control to be driven by a person in violation of this chapter.
(2)
(a)
A person may not rent a motor vehicle to another person unless the person who 
will be the driver is licensed in this state, or in the case of a nonresident, licensed 
under the laws of the state or country of his residence.
(b)
A person may not rent a motor vehicle to another person until the person:
(i)
has inspected the license certificate of the person who will be the driver; and
(ii)
verified the signature on the license certificate by comparison with the signature 
of the person who will be the driver written in his presence.
(c)
(i)
A person may verify the information described in Subsection 
(2)(b)
 for a 
subsequent vehicle rental through the use of an electronic system maintained by 
the person for the purposes of expediting the vehicle rental process.
(ii)
The electronic system described in Subsection 
(2)(c)(i)
 may contain information 
voluntarily provided by the person who will be the driver including:
(A)
information included on the driver license certificate; and
(B)
biometric information.
(d)
A person renting a motor vehicle to another shall keep a record of the:
(i)
registration number of the rented motor vehicle;
(ii)
name and address of the person to whom the motor vehicle is rented;
(iii)
number of the license certificate of the renter; and
(iv)
date and place the license certificate was issued.
(e)
The record is open to inspection by any peace officer or officer or employee of the 
division.
(3)
A person may not employ a person to drive a motor vehicle who is not licensed as 
required under this chapter.
(4)
A person who violates this section is guilty of an infraction
.
 and subject to a minimum 
fine of $500.
Section 5, Section 
63I-2-241
 is amended to read:
63I-2-241. Repeal dates: Title 41.
Reserved.
Subsection 
41-6a-1406(4)(d)
, regarding impound report requirements, is 
repealed January 1, 2026.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-3-25 2:13 PM