- Nearly half of serious crashes in West Valley City in 2023 involved unlicensed drivers.
- Studies show unlicensed drivers are more likely to be involved in fatal crashes.
- A new bill would require law enforcement to impound cars driven by unlicensed drivers.
Utah lawmakers want cops to impound cars driven by people without a driver’s license.
Data shows that improved public safety may depend on it.
In 2023, nearly 50% of the 2,000 serious car crashes in West Valley City involved an unlicensed driver, up from the four-year average of 30%, according to data published by the city police department.
From January to August 2024, nearly 50% of the 120 hit-and-run cases that were solved in West Valley City also involved an unlicensed driver, the department found.
West Valley City Police Sgt. Tyler Longman, who oversees traffic investigations, brought these statistics to Rep. Matt MacPherson, R-West Valley City, and asked that he sponsor legislation to address it this legislative session.
“How do you address a public safety issue of no driver’s license without the ability to remove the car from the road when the person that’s there getting that citation is just going to drive away?” Longman told the Deseret News.
On Wednesday, the House Transportation Standing Committee approved the solution put forward by MacPherson, in consultation with Longman and other law enforcement representatives, in a party line 9-3 vote.
What would the bill do?
HB392, Unlicensed Driver Amendments, would allow law enforcement to seize a vehicle without a warrant if the driver does not possess a driver’s license, permit or privilege card.
The bill would implement towing and identification requirements similar to those followed by police officers in cases of reckless driving or driving under the influence.
The bill would also:
- Increase the penalty for driving without a license from an infraction to a class C misdemeanor, or a class B misdemeanor for repeat offenders.
- Increase the impoundment fee to retrieve a car from a tow yard from $425 to $600.
- Only allow the release of the car if someone with a driving credential is present.
- Require police officers to take a quick fingerprint of an unlicensed driver to identify the individual if they have a criminal background.
- Add a minimum penalty of $500 for individuals that knowingly allow an unlicensed driver to drive their car.
Police officers would be given discretion to implement this new law for those under 18 and in situations where taking the time to fingerprint the individual and seize their car would create a safety concern on the road.
During Wednesday’s hearing, critics of the bill pushed against the mandatory language of the bill for law enforcement, questioned whether unlicensed driving poses a comparable public safety risk as driving under the influence and blamed the high number of unlicensed drivers on the difficulty for immigrants to obtain a driver’s credential.
“This bill ties officers hands, potentially creating more negative scenarios between them and the public,” said Molly Davis, a policy analyst for Libertas Institute. “Furthermore, this legislation could lead to unnecessary financial hardships for many Utah families.”
MacPherson expressed support for the state’s Driver Privilege Card program that allows noncitizens to take the driving skills test. The goal of his bill, he said, is not to penalize one community, but rather to address a growing public safety concern.
“Driving on a road is a privilege, and it comes with it great risks,” MacPherson said.
A national problem
A series of studies over the last few decades have shown a clear connection between unlicensed drivers and road incidents.
A 2013 report compiled by California’s Department of Motor Vehicles, using more than 20 years of data, found that unlicensed drivers were nearly three times more likely be involved in a fatal accident.
At the time, the state had roughly 2 million unlicensed drivers, with the vast majority being unauthorized immigrants, the analysis found.
The AAA Foundation for Traffic Safety found, in multiple reports, that unlicensed drivers are almost five times more likely to be involved with a fatal crash than licensed drivers, with nearly 1 in 5 fatal crashes in the United States involving an unlicensed driver, and that unlicensed drivers are 15 times more likely to leave the scene of a fatal crash.
Much of Wednesday’s 1½-hour-long committee hearing touched on whether making driver privilege cards easier to obtain would decrease the number of people who are driving without a license.
An individual living in Utah who does not have legal residence can legally drive on the roads by obtaining a driver privilege card.
To obtain a card, an individual must apply for a Utah learner permit and complete a traffic safety and trends exam in English and pass with 100%.
“This bill does not change in any way that driver’s privilege card,” MacPherson said. “If they’re going to be driving on our roads, they should learn the rules of the road.”