Superseded 6/1/2026
1,517 words·~7 min read·
/ut/title-41/chapter-1a/6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/6/2026
Superseded 6/1/2026
41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
(1)As used in this section:
(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 in accordance with Title 53, Chapter 3, Uniform Driver License Act; or
(ii)a driver license issued by:
(A)a state or territory of the United States;
(B)the United States Department of State; or
(C)a foreign country.
(c)"Operator" means the same as that term is defined in Section 41-6a-102 .
(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.
(e)"Roadway" means:
(i)a highway; or
(ii)a private road or driveway as defined in Section 41-6a-102 .
(2)The division or a peace officer, without a warrant, may seize and take possession of a vehicle, vessel, or outboard motor:
(a)that the division or the peace officer has probable cause to believe has been stolen;
(b)on which an 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;
(i)that the division or the peace officer has probable cause to believe has been involved in an accident described in Section 41-6a-401 , 41-6a-401.3 , or 41-6a-401.5 ; and
(ii)whose operator did not remain at the scene of the accident until the operator fulfilled the requirements described in Section 41-6a-401 or 41-6a-401.7 ; or
(h)if the division or peace officer has probable cause to believe that the operator:
(i)failed to properly display the license plate on a motorcycle as described in Section 41-1a-404.1 ; or
(ii)used the motorcycle:
(A)to perform a wheelie in violation of Section 41-6a-606 .1; or
(B)to engage in lane splitting in violation of Section 41-6a-704 .1.
(a)The division or a peace officer shall seize 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.
(i)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.
(ii)Before seizing and taking possession of a vehicle as described in Subsection (3)(b)(i) , a peace officer shall query the Utah Criminal Justice Information System to verify whether the operator has been issued a driving credential.
(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 an occupant of the vehicle;
(iii)seizing the vehicle would prevent the division or the peace officer from addressing other public safety considerations;
(iv)the operator is under 18 years old;
(v)an occupant of the vehicle possesses a driving credential and is willing to operate the vehicle; or
(vi)an individual with a driving credential is reasonably available to pick up the vehicle with permission of the registered owner.
(a)Subject to Subsection (4)(b) , the division or a peace officer, without a warrant:
(i)shall seize and take possession of a vehicle that is being operated on a highway without owner's or operator's security in effect for the vehicle as required under Section 41-12a-301 and the vehicle was involved in an accident; or
(ii)may seize and take possession of a vehicle that is being operated on a highway without owner's or operator's security in effect for the vehicle as required under Section 41-12a-301 after the division or a peace officer makes a reasonable determination whether the seizure of the vehicle would:
(A)present a public safety concern to the operator or an occupant in the vehicle; or
(B)prevent the division or the peace officer from addressing other public safety considerations.
(b)The division or a peace officer may not seize and take possession of a vehicle under Subsection (4)(a) :
(i)if the operator of the vehicle is not carrying evidence of owner's or operator's security as defined in Section 41-12a-302 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-302 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)A peace officer seizing a vehicle, vessel, or outboard motor under this section shall comply with the provisions of Section 41-6a-1406 .
(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 described in this section and rules made in accordance with Subsection (7)(a) .
(i)Rules made by the commission shall include a requirement that a state impound yard have opaque fencing on each side of the state impound yard that has frontage with a paved road that is a:
(A)class A road as described in Section 72-3-102 ;
(B)class B road as described in Section 72-3-103 ; or
(C)class C road as described in Section 72-3-104 .
(ii)The opaque fencing described in Subsection (7)(d)(i) may be opaque chain link fencing.
(a)Except as provided in 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 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.
Amended by Chapter 382 , 2026 General Session