A. Regulations:
1. A person operating a motor vehicle shall:
a. Have in the person's immediate possession evidence of owner's or operator's security for the motor vehicle the person is operating; and
b. Display it upon demand of a peace officer.
2. A person is exempt from the requirements of subsection A1 of this section if the person is operating:
a. A government-owned or leased motor vehicle; or
b. An employer-owned or leased motor vehicle and is driving it with the employer's permission.
3. A person operating a vehicle that is owned by a rental company, as defined in Utah Code Annotated, section 31A-22-311, may comply with subsection A1 of this section by having in the person's immediate possession, or displaying, the rental vehicle's rental agreement, as defined in Utah Code Annotated, section 31A-22-311.
4. Evidence of owner's or operator's security includes any one of the following:
a. A copy of the operator's valid:
(1) Insurance policy;
(2) Insurance policy declaration page;
(3) Binder notice;
(4) Renewal notice; or
(5) Card issued by an insurance company as evidence of insurance;
b. A certificate of insurance issued under Utah Code Annotated, section 41-12a-402;
c. A certified copy of a surety bond issued under Utah Code Annotated, section 41-12a-405;
d. A certificate of the State Treasurer issued under Utah Code Annotated, section 41-12a-406;
e. A certificate of self-funded coverage issued under Utah Code Annotated, section 41-12a-407; or
f. Information that the vehicle or driver is insured from the Uninsured Motorist Identification Database Program created under Utah Code Annotated, title 41, chapter 12a, part 8, Uninsured Motorist Identification Database Program.
5. A card issued by an insurance company as evidence of owner's or operator's security under subsection A4a(5) of this section on or after July 1, 2014, may not display the owner's or operator's address on the card.
6. A person may provide to a peace officer evidence of owner's or operator's security described in subsection A4 of this section in:
a. A hard copy format; or
b. An electronic format using a mobile electronic device.
7. If a person provides evidence of owner's or operator's security in an electronic format using a mobile electronic device under subsection A6b of this section, the peace officer viewing the owner's or operator's security on the mobile electronic device may not view any other content on the mobile electronic device.
a. Notwithstanding any other provision under this section, a peace officer is not subject to civil liability or criminal penalties under this section if the peace officer inadvertently views content other than the evidence of owner's or operator's security on the mobile electronic device.
8. Evidence of owner's or operator's security from the Uninsured Motorist Identification Database Program described under subsection A4f of this section supersedes any evidence of owner's or operator's security described under subsection A4a(4) or A4a(5) of this section.
9. A peace officer may not cite or arrest a person for a violation of subsection A1, A2, or A3 of this section if the Uninsured Motorist Identification Database Program created under Utah Code Annotated, title 41, chapter 12a, part 8, Uninsured Motorist Identification Database Program, information indicates that the vehicle or driver is insured.
10. It is an affirmative defense to a charge or in an administrative action under this section that the person had owner's or operator's security in effect for the vehicle the person was operating at the time of the person's citation or arrest.
11. The following are considered proof of owner's or operator's security for purposes of subsection A10 of this section:
a. Evidence defined in subsection A4 of this section;
b. A written statement from an insurance producer or company verifying that the person had the required motor vehicle insurance coverage on the date specified; or
c. A written statement from an insurance producer or company, or provision in an insurance policy, indicating that the policy provides coverage for a newly purchased car and the coverage extended to the date specified.
12. The court considering a citation issued under this section shall allow the evidence or a written statement under subsection A11 of this section and a copy of the citation to be electronically submitted or mailed to the Clerk of the Court to satisfy subsection A10 of this section.
13. A person who is convicted of violating subsection A1 of this section:
a. Is guilty of an infraction for a first offense and subject to a fine of not less than four hundred dollars ($400.00); and
b. Is guilty of a Class C misdemeanor for each offense subsequent to the first offense that is committed within three (3) years after the day on which the person commits the first offense and subject to a fine of not less than one thousand dollars ($1,000.00).
14. A court may waive up to three hundred dollars ($300.00) of a fine charged under subsection A13 of this section if the person demonstrates that the owner's or operator's security required under Utah Code Annotated, section 41-12a-301 was obtained after the violation but before sentencing.
15. Upon receiving notification from a court of a conviction for a violation of this section, the Utah Department of Public Safety:
a. Shall suspend the person's driver license; and
b. May not renew the person's driver license or issue a driver license to the person until the person gives the Utah Department of Public Safety proof of owner's or operator's security.
(1) This proof of owner's or operator's security shall be given by any of the ways required under Utah Code Annotated, section 41-12a-401.
(2) This proof of owner's or operator's security shall be maintained with the Utah Department of Public Safety for a three-year period.
(3) An insurer that provides a certificate of insurance as provided under Utah Code Annotated, section 41-12a-402 or 41-12a-403 may not terminate the insurance policy unless notice of termination is filed with the Utah Department of Public Safety no later than ten (10) days after termination as required under Utah Code Annotated, section 41-12a-404.
(4) If a person who has canceled the certificate of insurance applies for a license within three (3) years from the date proof of owner's or operator's security was originally required, the Utah Department of Public Safety shall refuse the application unless the person reestablishes proof of owner's or operator's security and maintains the proof for the remainder of the three-year period.
16. As used in this section:
LICENSE: Means the privilege to drive a motor vehicle.
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)