Utah Code 53-3-705. Procedures for issuing traffic citation
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The following is the procedure of the issuing jurisdiction:
(1) When issuing a citation for a traffic violation, a peace officer shall issue the citation to a motorist who possesses a driver license issued by a party jurisdiction and shall not, subject to the exceptions noted in Subsection (2) , require the motorist to post collateral to secure appearance if the officer receives the motorist’s personal recognizance that he or she will comply with the terms of the citation.
Terms Used In Utah Code 53-3-705
- Citation: means a summons, ticket, or other official document issued by a peace officer for a traffic violation, containing an order that requires the motorist to respond. See Utah Code 53-3-702
- Collateral: means cash or other security deposited to secure an appearance for trial, following the issuance by a peace officer of a citation for a traffic violation. See Utah Code 53-3-702
- driver: includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law. See Utah Code 53-3-102
- Home jurisdiction: means the jurisdiction that issued the driver's license of the traffic violator. See Utah Code 53-3-702
- Issuing jurisdiction: means the jurisdiction in which the traffic citation was issued to the motorist. See Utah Code 53-3-702
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Jurisdiction: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Utah Code 53-3-702
- License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
- Motorist: means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction. See Utah Code 53-3-702
- Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
- Personal recognizance: means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation. See Utah Code 53-3-702
- Terms of the citation: means those options expressly stated upon the citation. See Utah Code 53-3-702
(2) Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it must take place immediately following issuance of the citation.
(3)
(3)(a) Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to comply to the licensing authority of the jurisdiction in which the traffic citation was issued.
(3)(b) The report shall be made in accordance with procedures specified by the issuing jurisdiction and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home jurisdiction.
(4) Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist the information in a form and content contained in the compact manual.
(5) The licensing authority of the issuing jurisdiction may not suspend the privilege of a motorist for whom a report has been transmitted.
(6) The licensing authority of the issuing jurisdiction may not transmit a report on any violation if the date of transmission is more than six months after the date on which the traffic citation was issued.
(7) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.