2006 Utah Code - 41-1a-1101 — Seizure -- Circumstances where permitted -- Impound lot standards.

     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; or
     (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.
     (2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to transport and store the vessel.
     (3) 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.
     (4) (a) In accordance with Title 63, Chapter 46a, 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.
     (5) (a) Except as provided under Subsection (5)(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 this Subsection (5)(a).
     (6) A person who violates the provisions of Subsection (5) is guilty of a class C misdemeanor.
     (7) 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.

Amended by Chapter 56, 2005 General Session
Amended by Chapter 2, 2005 General Session