53-8 - Utah Highway Patrol Act
Title 53 > 53-8
Sections (23)
Utah Highway Patrol Division Administration
53-8-101 - Short title.
This chapter is known as the “Utah Highway Patrol Act.”
Enacted by Chapter 234, 1993 General Session
53-8-102 - Definitions.
As used in this chapter:
(1) “Division” means the Utah Highway Patrol Division created in Section 53-8-103.
(2) “Highway Patrol” means the Highway Patrol troopers employed under Section 53-8-104.
(3) “Superintendent” means the director of the division, appointed under Section 53-8-103.
Enacted by Chapter 234, 1993 General Session
53-8-103 - Utah Highway Patrol Division — Creation — Appointment of superintendent — Powers — Qualifications — Term — Compensation.
(1) There is created the Utah Highway Patrol Division.
(2) The director of the division shall be the superintendent appointed by the commissioner with the approval of the governor.
(3) The superintendent is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner.
(4) The superintendent acts under the supervision and control of the commissioner and may be removed from his position at the will of the commissioner.
(5) The superintendent shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
53-8-104 - Superintendent’s duties.
The superintendent shall:
(1) divide the state highways into sections for the purpose of patrolling and policing;
(2) employ peace officers known as highway patrol troopers to patrol or police the highways within this state and to enforce the state statutes as required;
(3) establish ranks, grades, and positions in the Highway Patrol and designate the authority and responsibility in each rank, grade, and position;
(4) establish for the Highway Patrol standards and qualifications and fix prerequisites of training, education, and experience for each rank, grade, and position;
(5) appoint personnel to each rank, grade, and position necessary for the efficient operation and administration of the Highway Patrol;
(6) devise and administer examinations designed to test applicants for positions with the Highway Patrol;
(7) make rules governing the Highway Patrol as appear to the superintendent advisable;
(8) discharge, demote, or temporarily suspend any employee in the Highway Patrol for cause;
(9) prescribe the uniforms to be worn and the equipment to be used by employees of the Highway Patrol;
(10) charge against each employee of the Highway Patrol the value of any property of the state lost or destroyed through the carelessness of the employee;
(11) establish, with the approval of the Division of Finance, the terms and conditions under which expense allowance should be paid to any employee of the Highway Patrol while away from his station;
(12) station the Highway Patrol in localities as he finds advisable for the enforcement of the laws of this state;
(13) conduct in conjunction with the State Board of Education in and through all state schools an educational campaign in highway safety and work in conjunction with civic organizations, churches, local units of government, and other organizations that may function in accomplishing the purposes of reducing highway accidents;
(14) provide the initial mandatory uniform items for each new trooper hired after July 1, 1998;
(15) determine by rule a basic uniform allowance system which includes the manner in which troopers may receive maintenance services and vouchers for basic uniforms and administer any funds appropriated by the Legislature to the division for that purpose; and
(16) on or before January 1, 2003, adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender.
Amended by Chapter 219, 2002 General Session
53-8-105 - Duties of Highway Patrol.
(1) In addition to the duties in this chapter, the Highway Patrol shall:enforce the state laws and rules governing use of the state highways;regulate traffic on all highways and roads of the state;assist the governor in an emergency or at other times at his discretion;in cooperation with federal, state, and local agencies, enforce and assist in the enforcement of all state and federal laws related to the operation of a motor carrier on a highway, including all state and federal rules and regulations;inspect certain vehicles to determine road worthiness and safe condition as provided in Section 41-6a-1630;upon request, assist with any condition of unrest existing or developing on a campus or related facility of an institution of higher education;assist the Alcoholic Beverage Services Commission in an emergency to enforce the state liquor laws;provide security and protection for both houses of the Legislature while in session as the speaker of the House of Representatives and the president of the Senate find necessary;enforce the state laws and rules governing use of capitol hill; andcarry out the following for the Supreme Court and the Court of Appeals:provide security and protection to those courts when in session in the capital city of the state;execute orders issued by the courts; andcarry out duties as directed by the courts.
(2) The division and the department shall annually:evaluate the inventory of new and existing state highways, in coordination with relevant local law enforcement agencies, to determine which law enforcement agency is best suited to patrol and enforce state laws and regulate traffic on each state highway; andbefore October 1 of each year, report to the Transportation Interim Committee and the Criminal Justice Appropriations Subcommittee regarding:significant changes to the patrol and enforcement responsibilities resulting from the evaluation described in Subsection (2)(a)(i); andany budget request necessary to accommodate additional patrol and enforcement responsibilities.The division and the department shall, before July 1 of each year, coordinate with the Department of Transportation created in Section 72-1-201 regarding patrol and enforcement responsibilities described in Subsection (2)(a) and incident management services on state highways.
(3) A district court and a justice court shall collect and maintain data regarding violations in Sections 41-6a-1712, 41-6a-1713, and 72-7-409.Each court shall transmit dispositions described in Subsection (3)(a) electronically to the department.
Amended by Chapter 271, 2025 General Session
53-8-106 - Vested with powers of peace officers.
(1) The commissioner, superintendent, and each member of the Highway Patrol have the powers of peace officers in each county of the state with the exception of the power to serve civil process.
(2) They may serve criminal process, arrest and prosecute violators of any law of this state, and have the same right as other peace officers to require aid in executing their duties.
(3) The powers and duties conferred upon the superintendent and members of the Highway Patrol are supplementary to and not a limitation on the powers and duties of other peace officers in the state.
Renumbered and Amended by Chapter 234, 1993 General Session
53-8-107 - Cooperation with other officers.
To secure information in order to achieve greater success in prevention and detection of crime and apprehension of criminals, the Highway Patrol shall cooperate and exchange information with:
(1) any other departments of the state;
(2) other law enforcement agencies, both within and outside this state; and
(3) federal law enforcement agencies.
Renumbered and Amended by Chapter 234, 1993 General Session
Motor Vehicle Safety Inspection Act
53-8-202 - Definitions.
The definitions in Section 41-6a-102 apply to this part.
Amended by Chapter 40, 2023 General Session
53-8-204 - Division duties — Official inspection stations — Permits — Fees — Suspension or revocation — Utah-based interstate commercial motor carriers.
(1) The division shall: conduct examinations of every safety inspection station permit applicant and safety inspector certificate applicant to determine whether the applicant is properly equipped and qualified to make safety inspections;issue safety inspection station permits and safety inspector certificates to qualified applicants;establish application, renewal, and reapplication fees in accordance with Section 63J-1-504 for safety inspection station permits and safety inspector certificates;provide instructions and all necessary forms, including safety inspection certificates, to safety inspection stations for the inspection of motor vehicles and the issuance of the safety inspection certificates;investigate complaints regarding safety inspection stations and safety inspectors;compile and publish all applicable safety inspection laws, rules, instructions, and standards and distribute them to all safety inspection stations and provide updates to the compiled laws, rules, instructions, and standards as needed; andestablish a fee in accordance with Section 63J-1-504 to cover the cost of compiling and publishing the safety inspection laws, rules, instructions, and standards and any updates.
(2) Receipts from the fees established in accordance with Subsection (1)(g) are fixed collections to be used by the division for the expenses of the Utah Highway Patrol incurred under Subsection (1)(g).Funds received in excess of the expenses under Subsection (1)(g) shall be deposited in the Transportation Fund.
(3) The division may: before issuing a safety inspection permit, require an applicant, other than a fleet station or government station, to file a bond that will provide a guarantee that the applicant safety inspection station will make compensation for any damage to a motor vehicle during an inspection or adjustment due to negligence on the part of an applicant or the applicant’s employees;establish procedures governing the issuance of safety inspection certificates to Utah-based interstate commercial motor carriers;suspend, revoke, or refuse renewal of any safety inspection station permit issued when the division finds that the safety inspection station is not:properly equipped; orcomplying with rules made by the division; andsuspend, revoke, or refuse renewal of any safety inspection station permit or safety inspector certificate issued when the station or inspector has violated any safety inspection law or rule.
(4) The division shall maintain a record of safety inspection station permits and safety inspector certificates issued, suspended, revoked, or refused renewal under Subsection (3)(c).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules: setting minimum standards covering the design, construction, condition, and operation of motor vehicle equipment for safely operating a motor vehicle on the highway;establishing motor vehicle safety inspection procedures to ensure a motor vehicle can be operated safely;establishing safety inspection station building, equipment, and personnel requirements necessary to qualify to perform safety inspections;establishing age, training, examination, and renewal requirements to qualify for a safety inspector certificate;establishing program guidelines for a school district that elects to implement a safety inspection apprenticeship program for high school students;establishing requirements:designed to protect consumers from unwanted or unneeded repairs or adjustments;for maintaining safety inspection records;for providing reports to the division; andfor maintaining and protecting safety inspection certificates;establishing procedures for a motor vehicle that fails a safety inspection;setting bonding amounts for safety inspection stations if bonds are required under Subsection (3)(a); andestablishing procedures for a safety inspection station to follow if the station is going out of business.
(6) The rules of the division: shall conform as nearly as practical to federal motor vehicle safety standards including 49 C.F.R. Parts 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety Standards 205; andmay incorporate by reference, in whole or in part, the federal standards under Subsection (6)(a) and nationally recognized and readily available standards and codes on motor vehicle safety.
Amended by Chapter 40, 2023 General Session
53-8-205 - Safety inspection required for certain vehicles — Out-of-state permits.
(1) A salvage vehicle as defined in Section 41-1a-1001 is required to pass a safety inspection when an application is made for initial registration as a salvage vehicle.An off-highway vehicle being registered for the first time as a street-legal all-terrain vehicle as described in Section 41-6a-1509 is required to pass a safety inspection when the owner makes the initial application to register the vehicle as a street-legal all-terrain vehicle.A novel vehicle being registered for the first time as a street-legal novel vehicle as described in Section 41-27-201 is required to pass a safety inspection when the owner makes the initial application to register the vehicle as a street-legal novel vehicle.The owner of a commercial vehicle, as defined in Section 72-9-102, shall:ensure that the commercial vehicle passes a safety inspection annually; orprovide evidence of a valid annual federal inspection that complies with the requirements of 49 C.F.R. Sec. 396.17.The owner of a vehicle operated by a ground transportation service provider as defined in Section 72-10-601 shall ensure that the vehicle passes a safety inspection annually.An owner of one or more of the following types of vehicles shall ensure that the vehicle passes a safety inspection annually:a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with multiple axles;a combination unit;a bus or van for hire; ora taxicab.
(2) A safety inspection station shall issue two safety inspection certificates to the owner of:each motor vehicle that passes a safety inspection under this section; anda street-legal all-terrain vehicle that meets all the equipment requirements in Section 41-6a-1509.
(3) A person operating a motor vehicle required to have an annual safety inspection shall have in the person’s immediate possession a safety inspection certificate or other evidence of compliance.
(4) The division may authorize the acceptance of a safety inspection certificate issued in another state having a safety inspection law similar to Utah’s law.
(5) Subject to Subsection 53-Ch53_8|53-8-209], a violation of this section is an infraction.
Amended by Chapter 459, 2024 General Session
53-8-206 - Safety inspection — Station requirements — Permits not transferable — Certificate of inspection — Fees — Unused certificates — Suspension or revocation of permits.
(1) The safety inspection required under this part may only be performed: by a person certified by the division as a safety inspector; andat a safety inspection station with a valid safety inspection station permit issued by the division.
(2) A safety inspection station permit may not be assigned, or transferred, or used at any location other than a designated location.The holder of a safety inspection station permit shall post the permit in a conspicuous place at the location designated in the permit.
(3) If required by the division, the safety inspector shall keep a record and file a report of every safety inspection and every safety inspection certificate issued.
(4) A safety inspection station holding a safety inspection station permit issued by the division may charge a reasonable fee for labor in performing safety inspections, not to exceed: 30 or less for motor vehicles; or$40 or less for 4-wheel drive, split axle, and any motor vehicles that necessitate disassembly of front hub or removal of rear axle for inspection.
(5) A safety inspection station may return to the division unused safety inspection certificates in a quantity of 10 or more.The division shall reimburse the station for the cost of the returned safety inspection certificates.
(6) Upon receiving notice of the suspension or revocation of a safety inspection station permit and after the conclusion of any adjudicative proceedings upholding the suspension or revocation, the safety inspection station permit holder shall:immediately terminate all safety inspection activities; andreturn all safety inspection certificates and the safety inspection station permit to the division.The division shall issue a receipt for all unused safety inspection certificates.
Amended by Chapter 80, 2019 General Session
53-8-207 - Falsely representing to be official station or safety inspector.
(1) A person may not in any manner represent any place as a safety inspection station unless the station is operating under a valid permit issued by the division.
(2) A person may not issue a safety inspection certificate unless the person: is a safety inspector certified by the division;is operating under a valid safety inspection station permit issued by the division; andperforms the safety inspection on the motor vehicle in compliance with Section 53-8-205.
(3) An unauthorized person may not knowingly possess safety inspection certificates.
Renumbered and Amended by Chapter 26, 1993 General Session
53-8-208 - Counterfeit certificates of inspection.
(1) A person may not make, issue, or knowingly use any imitation or counterfeit of a safety inspection certificate.
(2) A person may not present or cause or permit to be presented any safety inspection certificate knowing the certificate to be fictitious, issued for another motor vehicle, or issued without a safety inspection having been made and passed.
Renumbered and Amended by Chapter 26, 1993 General Session
53-8-209 - Inspection by officers — Certificate of inspection.
(1) A peace officer may stop, inspect, and test a vehicle at any time upon reasonable cause to believe that: a vehicle is unsafe or not equipped as required by law;the vehicle’s equipment is not in proper adjustment or repair; orthe vehicle has been in an accident and a post accident investigation is necessary.
(2) If a vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer may give a written notice to the driver and shall send a copy to the division.The notice shall: require that the vehicle be placed in safe condition and the vehicle’s equipment in proper repair and adjustment;specify the repairs and adjustments needed; andrequire that a safety inspection certificate be obtained within 14 days.If a vehicle is, in the reasonable judgment of the peace officer, hazardous to operate, the peace officer may require that the vehicle:not be operated under its own power; orbe driven to the nearest garage or other place of safety.If the owner or driver does not comply with the notice requirements and secure a safety inspection certificate within 14 days, the vehicle may not be operated on the highways of this state.A violation of Subsection (2)(c)(i) is an infraction.
(3) An owner or driver of a vehicle is not guilty of an infraction and is not required to pay a fee or fine if the citation was issued for: expired registration in violation of Section 41-1a-201 or 41-1a-1303, and:the citation was issued within two months after the expiration of the vehicle’s registration; andthe owner or driver registers the vehicle within 14 days after the citation was issued; ora violation of Section 41-1a-205, 41-6a-1601, or 53-8-205 or any other equipment related infraction under Title 41, Chapter 6a, Part 16, Vehicle Equipment, and the owner or driver obtains a safety inspection, emissions inspection, or proof of repair, as applicable, within 14 days after the citation was issued.
Amended by Chapter 345, 2020 General Session
53-8-210 - Enforcement of inspection requirements.
(1) A person operating a vehicle shall submit the vehicle to a safety inspection when required to do so by a peace officer.
(2) An owner or driver, upon receiving a notice as provided in Section 53-8-209, shall within 14 business days:secure a safety inspection certificate; andpresent the certificate and the repaired vehicle to the Utah Highway Patrol for verification.In lieu of compliance with this subsection, the vehicle may not be operated, except as provided in Subsection (3).
(3) A person may not operate any vehicle after receiving a notice from a peace officer that the vehicle is in need of repair or adjustment, except that a peace officer may allow the vehicle to be driven to the residence or place of business of the owner or driver or to the nearest garage where repairs are available if driving the vehicle is not excessively dangerous.The vehicle may not be operated again on the highways until its equipment has been placed in proper repair and adjustment and otherwise conforms to the requirements of this part and Title 41, Chapter 6a, Traffic Code, and a safety inspection certificate is obtained as promptly as possible.
(4) If repair or adjustment of any vehicle or its equipment is necessary, the owner of the vehicle may obtain repair or adjustment at any place he may choose.
Amended by Chapter 345, 2020 General Session
53-8-211 - Safety inspection of school buses and other vehicles.
(1) For purposes of this section and Section 53-8-211.5, “education entity” means: a school district;a charter school;a private school; andthe Utah Schools for the Deaf and the Blind.
(2) A school bus operated by an education entity in this state is required to pass a safety inspection annually.An education entity shall perform the safety inspections of a school bus that it operates in accordance with rules made by the division under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.The rules under Subsection (2)(b)(i) shall include provisions for: maintaining school bus drivers’ hours of service records;requiring school bus drivers to maintain vehicle condition reports;maintaining school bus maintenance and repair records; andvalidating that defects discovered during the inspection process have been corrected prior to returning a school bus to service.The division shall audit school bus safety operations of each education entity performing inspections under Subsection (2)(b)(i) to ensure compliance with the rules made under Subsection (2)(b)(i).The audit may include both a formal examination of the education entity’s inspection records and a random physical inspection of buses that have been safety inspected by the education entity.An education entity must have a comprehensive school bus maintenance plan approved by the division in order to participate in the safety inspection program.An education entity may not operate any vehicle found to have mechanical or other defects that would endanger the safety of passengers and the public until the defects have been corrected.
(3) In addition to a safety inspection required under Subsection (2)(b), the Highway Patrol shall: perform random safety inspections:annually on a minimum of 20% of the school buses operated by an education entity; andon 100% of school buses operated by an education entity when inspections conducted pursuant to Subsection (3)(a)(i) result in an out-of-service failure rate as determined by the division;verify that defects discovered during an inspection under Subsection (3)(a) have been corrected; andmake publicly available the results of inspections performed under Subsection (3)(a).
(4) Motor vehicles operated by an education entity, and not used for the transportation of students, are subject to Section 53-8-205.
Amended by Chapter 71, 2020 General Session
53-8-211.5 - School bus safety standards — Exceptions.
.5(1) Beginning July 1, 2003, an education entity, as defined in Section 53-8-211, may not use a vehicle with a seating capacity of 11 or more, including the driver, for the transportation of its students unless the vehicle meets federal school bus safety standards under 49 U.S.C. Sec. 30101, et seq.
.5(2) Subsection (1) does not apply to a vehicle operated by a common carrier, as defined in Section 59-12-102, if the common carrier is not exclusively engaged in the transportation of students.
Amended by Chapter 145, 2017 General Session
53-8-212 - Suspension of registration.
The State Tax Commission shall suspend the registration of any vehicle the division determines is in an unsafe condition or which after notice and demand is not equipped as required in this part and Title 41, Motor Vehicles .
Renumbered and Amended by Chapter 234, 1993 General Session
53-8-213 - Special function officer status for certain employees — Retirement provisions.
(1) The commissioner may designate an employee of the Utah Highway Patrol Division as a special function officer, as defined in Section 53-13-105, for the purpose of enforcing all laws relating to vehicle parts and equipment, including the provisions of this part and Title 41, Chapter 6a, Part 16, Vehicle Equipment.
(2) Notwithstanding Section 49-15-201, a special function officer designated under this section may not become or be designated as a member of the Public Safety Retirement Systems.
Amended by Chapter 2, 2005 General Session
53-8-214 - Creation of the Motor Vehicle Safety Impact Restricted Account.
(1) There is created a restricted account within the General Fund known as the Motor Vehicle Safety Impact Restricted Account.
(2) The account includes:deposits made to the restricted account from registration fees as described in Subsection 41-Ch41_1a|41-1a-1201];deposits into the account as described in Section 41-1a-1211;donations or deposits made to the account; andany interest earned on the account.
(3) Upon appropriation, the division may use funds in the account to improve motor vehicle safety, mitigate impacts, and enforce safety provisions, including the following:hiring new Highway Patrol troopers;payment of overtime for Highway Patrol troopers; andacquisition of equipment to improve motor vehicle safety impacts and enforcement.
(4) The division shall annually report to the Criminal Justice Appropriations Subcommittee to justify expenditures and use of funds in the account.
Amended by Chapter 271, 2025 General Session
Aero Bureau Act
53-8-301 - Title.
This part is known as the “Aero Bureau Act.”
Enacted by Chapter 71, 2012 General Session
53-8-302 - Definitions.
As used in this section, “Aero Bureau” means the bureau within the division that provides aerial assistance for law enforcement activities within the state.
Enacted by Chapter 71, 2012 General Session
53-8-303 - Utah Highway Patrol Aero Bureau Restricted Account.
(1) As used in this section, “account” means the Utah Highway Patrol Aero Bureau Restricted Account created by this section.
(2) There is created a restricted account in the General Fund known as the “Utah Highway Patrol Aero Bureau Restricted Account.”
(3) The account shall consist of: money deposited into the account in accordance with Section 41-22-19;money appropriated to the account by the Legislature; andany other public or private money received by the division that is:given to the division for purposes consistent with this section; anddeposited into the account at the request of: the division; orthe person giving the money.
(4) Money in the account may only be expended for: the purchase of aircraft and helicopters for use by the Aero Bureau in search and rescue operations;replacement, maintenance, and upgrade of search and rescue equipment;search and rescue training and certification for division officers and employees;personnel and fuel costs of the Aero Bureau associated with providing search and rescue services; andany other equipment or expenses necessary or appropriate for conducting search and rescue activities.
Enacted by Chapter 71, 2012 General Session