A. Regulations:
1. Except as provided under subsection A2 of this section, an owner of a motor vehicle on which owner's or operator's security is required under Utah Code Annotated, section 41-12a-301, who operates the owner's vehicle or permits it to be operated on a highway in this State without owner's security being in effect is guilty of a Class C misdemeanor, and the fine shall not be less than:
a. Four hundred dollars ($400.00) for a first offense; and
b. One thousand dollars ($1,000.00) for a second and subsequent offense within three (3) years of a previous conviction or bail forfeiture.
2. A court may waive up to three hundred dollars ($300.00) of the fine charged to the owner of a motor vehicle under subsection A1a of this section if the owner demonstrates that owner's or operator's security required under Utah Code Annotated, section 41-12a-301 was obtained subsequent to the violation but before sentencing.
3. Except as provided under subsection A4 of this section, any other person who operates a motor vehicle upon a highway in Utah with the knowledge that the owner does not have owner's security in effect for the motor vehicle is also guilty of a Class C misdemeanor, and the fine shall not be less than:
a. Four hundred dollars ($400.00) for a first offense; and
b. One thousand dollars ($1,000.00) for a second and subsequent offense within three (3) years of a previous conviction or bail forfeiture.
4. A person that has in effect owner's security on a Utah- registered motor vehicle or its equivalent that covers the operation, by the person, of the motor vehicle in question is exempt from subsection A3 of this section.
5. As used in this section:
MOTOR VEHICLE: Means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles.
a. "Motor vehicle" does not include traction engines, road rollers, farm tractors, tractor cranes, power shovels, and well drillers, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails.
OPERATOR: Means every person who is in actual physical control of a motor vehicle.
OWNER: Means:
a. A person who holds legal title to a motor vehicle;
b. A lessee in possession;
c. A conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or
d. A mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession.
OWNER'S OR OPERATOR'S SECURITY, OWNER'S SECURITY, OR OPERATOR'S SECURITY: Means any of the following:
a. An insurance policy or combination of policies conforming to Utah Code Annotated, section 31A-22-302, which is issued by an insurer authorized to do business in Utah;
b. An insurance policy or combination of policies issued or renewed prior to January 1, 2009 that:
(1) Conformed to the minimum coverage limits of Utah Code Annotated, section 31A-22-304 prior to January 1, 2009; and
(2) Conform to the current requirements other than the minimum coverage limits of policies issued in accordance with Utah Code Annotated, section 31A-22-302;
c. A surety bond issued by an insurer authorized to do a surety business in Utah in which the surety is subject to the minimum coverage limits and other requirements of policies conforming to Utah Code Annotated, section 31A-22-302, which names the department as a creditor under the bond for the use of persons entitled to the proceeds of the bond;
d. A deposit with the State Treasurer of cash or securities complying with Utah Code Annotated, section 41-12a-406;
e. Maintaining a certificate of self-funded coverage under Utah Code Annotated, section 41-12a-407; or
f. A policy conforming to Utah Code Annotated, section 31A-22-302 issued by the Risk Management Fund created under Utah Code Annotated, section 63A-4-201. (Ord. 19-12, 7-30-2019)