41-6a-527. Seizure and impoundment of vehicles by peace officers -- Impound requirements -- Removal of vehicle by owner.

272 words·~1 min read·/ut/title-41/chapter-6a/41-6a-527

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)If a peace officer arrests, cites, or refers for administrative action the operator of a vehicle for violating Section 41-6a-502 , 41-6a-517 , 41-6a-518.2 , 41-6a-520 , 41-6a-520.1 , 41-6a-530 , 41-6a-606 , 53-3-231 , Subsections 53-3-227(3)(a)(i) through

(vii), Subsection 53-3-227(3)(a)(x) , or a local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1) , the peace officer shall seize and impound the vehicle in accordance with Section 41-6a-1406 , except as provided under Subsection

(2).

(2)If a registered owner of the vehicle, other than the operator, is present at the time of arrest, the peace officer may release the vehicle to that registered owner, but only if:

(a)the registered owner:

(i)requests to remove the vehicle from the scene; and

(ii)presents to the peace officer sufficient identification to prove ownership of the vehicle or motorboat;

(b)the registered owner identifies a driver with a valid operator's license who:

(i)complies with all restrictions of his operator's license; and

(ii)would not, in the judgment of the officer, be in violation of Section 41-6a-502 , 41-6a-517 , 41-6a-518.2 , 41-6a-520 , 41-6a-520.1 , 41-6a-530 , 53-3-231 , or a local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1) if permitted to operate the vehicle; and

(c)the vehicle itself is legally operable.

(3)If necessary for transportation of a motorboat for impoundment under this section, the motorboat's trailer may be used to transport the motorboat.

Amended by Chapter 415 , 2023 General Session