Utah Admin. Code R873-22M-17 - Standards for State Impound Lots Pursuant to Utah Code Ann. Section 41-1a-1101
(1) An impound
yard may be used by the Motor Vehicle Division and peace officers only if all
of the following requirements are satisfied:
(a) The yard must be identified by a
conspicuously placed, well-maintained sign that:
(i) is at least 24 square feet in
size;
(ii) includes the business
name, address, phone number, and hours of business; and
(iii) displays the impound yard
identification number issued by the Motor Vehicle Division in characters at
least four inches high.
(b) The yard shall maintain a hard-surfaced
storage area of concrete, black top, gravel, road base, or other similar
material.
(c) The yard must have
adequate lighting.
(d) A six-foot
chain link or other similar fence that is topped with three strands of barbed
wire or razor security wire must surround the yard.
(e) The yard must have opaque fencing, which
may be opaque chain link fencing, on any side that has frontage with a
highway.
(f) Spacing between
vehicles must be adequate to allow opening of vehicle doors without interfering
with other vehicles or objects.
(g)
An office shall be located on the premises of the yard.
(i) The yard office shall be staffed and open
for public business during normal business hours, Monday through Friday, except
for designated state and federal holidays.
(ii) If the yard maintains multiple storage
areas, authorization may be requested from the Motor Vehicle Division to
maintain a central office facility in a location not to exceed a 10 mile radius
from any of its storage areas.
(iii) If a central office facility is
authorized under Subsection (1)(g)(ii), the signs of all storage areas must
provide the location of the office.
(h) The yard shall provide compressed air and
battery boosting capabilities at no additional cost.
(2) Persons who can demonstrate an ownership
interest in a car held at a state impound yard are allowed to enter the vehicle
during normal business hours and remove personal property not attached to the
vehicle upon signing a receipt for the property with the yard.
(a) An individual has ownership interest in
the vehicle if he:
(i) is listed as a
registered owner or lessee of the vehicle; or
(ii) has possession of the vehicle
title.
(b) An individual
must show picture identification as evidence of his ownership
interest.
(c) The storage yard
shall maintain a log of individuals who have been given access to vehicles for
the purpose of removing personal property.
(3) Impound yards holding five or less
vehicles in a month may be required to tow those vehicles to another yard for
the purpose of centralizing sales of vehicles or, at the discretion of the
Motor Vehicle Division, be required to hold the vehicles until additional
impounded vehicles may be included.
(4) Operators of impound yards shall remove
license plates from impounded vehicles prior to the time of sale and turn them
over to the commission at the time the vehicles are sold.
(5) The Motor Vehicle Division has the
authority to review the qualifications of state impound yards to assure
compliance with the requirements set forth in this rule. Any yard not in
compliance shall be notified in writing and given 30 days from that notice to
rectify any noncompliance. If no action or insufficient action is taken by the
impound yard, the Motor Vehicle Division may order it to be suspended as a
state impound yard. Any yard contesting suspension, or any yard directly and
adversely affected by the Motor Vehicle Division's refusal to designate it a
state impound yard, has the right to appeal that suspension to the
commission.
Notes
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