Utah Code 41-12a-302. Operating motor vehicle without owner’s or operator’s security — Penalty
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 41-12a-302
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Highway: includes :(15)(a) a public bridge;(15)(b) a county way;(15)(c) a county road;(15)(d) a common road; and(15)(e) a state road. See Utah Code 68-3-12.5
- 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. See Utah Code 41-12a-103
- Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103
- Owner: means :
(8)(a) a person who holds legal title to a motor vehicle;(8)(b) a lessee in possession;(8)(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(8)(d) a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) Except as provided in Subsection (1)(b), an owner of a motor vehicle on which owner’s or operator‘s security is required under 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 be not less than:(1)(a)(i) $400 for a first offense; and(1)(a)(ii) $1,000 for a second and subsequent offense within three years of a previous conviction or bail forfeiture.(1)(b) A court may waive up to $300 of the fine charged to the owner of a motor vehicle under Subsection (1)(a)(i) if the owner demonstrates that owner’s or operator’s security required under Section 41-12a-301 was obtained subsequent to the violation but before sentencing.(2)(2)(a) Except as provided under Subsection (2)(b), 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 be not less than:(2)(a)(i) $400 for a first offense; and(2)(a)(ii) $1,000 for a second and subsequent offense within three years of a previous conviction or bail forfeiture.(2)(b) 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 this Subsection (2).