reglab/statecodes huggingface dataset:
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 2 - Licensing › Section 204 - Licenses -- Principal place of business as prerequisite -- Change of location -- Relinquishment on loss of principal place of business.

Effective 5/8/2018
41-3-204.
Licenses -- Principal place of business as prerequisite -- Change of location -- Relinquishment on loss of principal place of business.
(1)
(a) The following licensees must maintain a principal place of business:
(i) dealers;
(ii) special equipment dealers;
(iii) manufacturers;
(iv) transporters;
(v) remanufacturers;
(vi) dismantlers;
(vii) crushers;
(viii) body shops; and
(ix) distributors who:
(A) are located within the state; or
(B) have a branch office within the state.
(b) The administrator may not issue a license under Subsection (1)(a) to an applicant who does not have a principal place of business.
(c) If a licensee changes the location of the licensee's principal place of business, the licensee shall immediately notify the administrator and the administrator shall issue a new license for the unexpired portion of the term of the original license at no additional fee.
(d) In addition to the other requirements of this section, if a direct-sale manufacturer licensee changes the location of an authorized service center of the licensee, the licensee shall immediately notify the administrator and the administrator shall issue a new license for the unexpired portion of the term of the original license at no additional fee.
(2)
(a) If a licensee loses possession of a principal place of business, the license is automatically suspended and he shall immediately notify the administrator and upon demand by the administrator deliver the license, pocket cards, special plates, and temporary permits to the administrator.
(b) The administrator shall hold the licenses, cards, plates, and permits until the licensee obtains:
(i) a principal place of business; and
(ii) if the licensee is a direct-sale manufacturer, an authorized service center.
Amended by Chapter 387, 2018 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 2 - Licensing › Section 205.5 - Licenses -- Criminal background check required on salesperson's licenses -- Payment of cost.

41-3-205.5.
Licenses -- Criminal background check required on salesperson's licenses -- Payment of cost.
(1)
(a) Every applicant for a salesperson's license shall submit fingerprints with a completed application to the division.
(b) A person required to renew a salesperson license on or before June 30, 2010, shall submit fingerprints to the division on or before November 30, 2010.
(2) The division shall submit fingerprints for each applicant described in Subsection (1) to the Bureau of Criminal Identification established in Section 53-10-201.
(3) The Bureau of Criminal Identification shall:
(a) check the information submitted by the division for an applicant under Subsection (2) against the applicable state and regional criminal records databases; and
(b) release to the division all information obtained under Subsection (3)(a) relating to the applicant.
(4)
(a) The Bureau of Criminal Identification shall maintain a separate file of fingerprints submitted under Subsection (2) and notify the division when a new entry is made in the applicable state and regional database against a person whose fingerprints are held in the file regarding any matter involving an arrest under state law involving:
(i) motor vehicles;
(ii) controlled substances;
(iii) fraud; or
(iv) a registerable sex offense under Section 77-41-106.
(b) Upon request by the division, the Bureau of Criminal Identification shall inform the division whether a person whose arrest was reported to the division under Subsection (4)(a) was subsequently convicted of the charge for which the person was arrested.
(5) In addition to any fees imposed under this chapter, the division shall:
(a) impose on individuals submitting fingerprints in accordance with this section the fees that the Bureau of Criminal Identification is authorized to collect for the services the Bureau of Criminal Identification provides under Subsections (3) and (4); and
(b) remit the fees collected under Subsection (5)(a) to the Bureau of Criminal Identification.
(6) The division shall use information received from the Bureau of Criminal Identification under this section to determine whether a license should be denied, suspended, or revoked under Section 41-3-209.
Amended by Chapter 145, 2012 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 2 - Licensing › Section 206 - Duration of licenses -- Expiration date -- Renewal.

Effective 5/8/2018
41-3-206.
Duration of licenses -- Expiration date -- Renewal.
(1) Except as provided in Subsection (2), each license issued under this chapter expires on June 30 of each year and may be renewed upon application and payment of a fee required under Section 41-3-601, if the license has not been suspended or revoked.
(2) A motor vehicle salesperson's license expires as provided under Subsection (1) or when the salesperson terminates employment with the dealer with whom he is licensed, whichever comes first.
(3)
(a) The division may not renew a license for a new or used motor vehicle dealer's license, a direct-sale manufacturer's license, a new or used motorcycle dealer's license, or a small trailer dealer's license unless the renewal applicant completes a three-hour class approved by the division that includes education on new motor vehicle laws and rules.
(b) The approved costs of the class shall be paid by the renewal applicant.
(c) The class shall be completed by the renewal applicant or any designated representative of the renewal applicant dealer.
(d) The division shall approve:
(i) the class providers; and
(ii) costs of the class.
Amended by Chapter 387, 2018 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 2 - Licensing › Section 207 - New motor vehicle dealer's license -- Change, addition, or loss of franchise -- Notification -- Relinquishment of license and relicensing as used motor vehicle dealer -- Continuance in business to dispose of stock.

41-3-207.
New motor vehicle dealer's license -- Change, addition, or loss of franchise -- Notification -- Relinquishment of license and relicensing as used motor vehicle dealer -- Continuance in business to dispose of stock.
(1) If a dealer changes to, adds, cancels, or loses a franchise for the sale of new motor vehicles he shall immediately notify the administrator.
(2)
(a) If the dealer has cancelled or lost a franchise, the administrator shall determine whether the dealer should be licensed as a used motor vehicle dealer.
(b) If the administrator determines that the dealer should be licensed as a used motor vehicle dealer, he shall issue to the dealer a used motor vehicle dealer's license.
(c) A dealer relicensed as a used motor vehicle dealer may continue to sell new motor vehicles for up to six months from the date of the relicensing, to enable the dealer to dispose of his existing stock of new motor vehicles.
Renumbered and Amended by Chapter 234, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 2 - Licensing › Section 207.5 - Liquidation of inventory for suspended used motor vehicle dealers.

41-3-207.5.
Liquidation of inventory for suspended used motor vehicle dealers.
(1) A used motor vehicle dealer whose used motor vehicle dealer's license has been suspended may liquidate any remaining inventory by selling the remaining used motor vehicles to:
(a) a licensed auto auction;
(b) another licensed motor vehicle dealer; or
(c) to any person, but only after the used motor vehicle has been titled in the name of the owner, partner, or corporate officer of the used motor vehicle dealer for at least 12 months.
(2) A dealer may sell inventory under Subsections (1)(a) and (b) for up to 90 days from the date the dealer's used motor vehicle dealer's license was suspended.
Enacted by Chapter 388, 2008 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 2 - Licensing › Section 208 - Salesperson's license -- Relinquishment upon loss or change of employment -- Notice to salesperson -- New license required.

41-3-208.
Salesperson's license -- Relinquishment upon loss or change of employment -- Notice to salesperson -- New license required.
(1) If a salesperson is discharged from or leaves his employer, the dealer who last employed the salesperson shall return the salesperson's license to the administrator.
(2) The salesperson shall be notified at his last known place of residence that his license has been returned to the administrator.
(3) A person may not act as a motor vehicle salesperson until a new license is procured.
Renumbered and Amended by Chapter 234, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 3 - Temporary Permits › Section 302 - Temporary permits -- Purchasers of motor vehicles -- Penalty for use after expiration -- Sale and rescission.

41-3-302.
Temporary permits -- Purchasers of motor vehicles -- Penalty for use after expiration -- Sale and rescission.
(1)
(a)
(i) A dealer or the division may issue a temporary permit.
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the administrator shall makes rules for the issuance of a temporary permit under Subsection (1)(a)(i).
(iii) The division shall furnish the forms for temporary permits issued by dealers under Subsection (1)(a)(i).
(b) A dealer may issue a temporary permit to a bona fide purchaser of a motor vehicle for a period not to exceed 45 days on a motor vehicle sold to the purchaser by the dealer.
(c) The dealer is responsible and liable for the registration fee of each motor vehicle for which the permit is issued.
(d) All issued temporary permits that are outstanding after 45 days from the date they are issued are delinquent and a penalty equal to the registration fee shall be collected from the issuing dealer.
(2) If a temporary permit is issued by a dealer under this section and the sale of the motor vehicle is subsequently rescinded, the temporary permit may be voided and the issuing dealer is not liable for the registration fee or penalty.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 3 - Temporary Permits › Section 303 - Temporary permits -- Inspections required before issuance.

Effective 1/1/2018
41-3-303.
Temporary permits -- Inspections required before issuance.
(1) Except as provided in Subsections (2) and (3), a dealer licensed in accordance with this chapter may not issue a temporary permit for a motor vehicle under Section 41-3-302 unless the motor vehicle passed an emissions inspection test if required by Section 41-6a-1642.
(2) A dealer may issue a temporary permit without proof of an emissions inspection if:
(a) the motor vehicle is exempt from an emissions inspection under Section 41-6a-1642;
(b) the purchaser is a resident of a county that does not require emissions inspections; or
(c) the motor vehicle is otherwise exempt from emissions inspections.
(3) A dealer may sell a motor vehicle as is without an emissions inspection if the dealer does not issue a temporary permit.
Amended by Chapter 406, 2017 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 3 - Temporary Permits › Section 304 - Temporary permits -- Temporary sports event registration certificate -- Suspension or revocation of dealer's authority to issue -- Return of temporary permits to division -- Refunds -- Appeal.

41-3-304.
Temporary permits -- Temporary sports event registration certificate -- Suspension or revocation of dealer's authority to issue -- Return of temporary permits to division -- Refunds -- Appeal.
(1) The division may suspend or revoke a dealer's authority to issue a temporary permit or a temporary sports event registration certificate under this part if the division determines the dealer has failed to comply with this chapter or with any rules made by the commission under this part.
(2)
(a) Suspension or revocation of authority to issue a temporary permit or a temporary sports event registration certificate takes effect immediately upon written notification to the dealer by the division.
(b) Upon notification, the dealer shall immediately return all temporary permits to the division.
(c) Subject to Subsection (2)(d), if the authority to issue a temporary permit under Section 41-3-302 is revoked or suspended for more than 30 days, the dealer may apply for a refund of the money paid to the division only for temporary permits described in Section 41-3-302 that are returned prior to issuance.
(d) Temporary permits being returned may not have ever been issued, written on, or separated from their stubs, and shall be in useable condition.
(3) If the division suspends or revokes a dealer's authority to issue a temporary permit or a temporary sports event registration certificate as provided in this section, each of the following is a violation of this chapter and grounds for automatic suspension of the dealer's license:
(a) failure to return a temporary permit to the division as provided in this section; or
(b) issuing a:
(i) temporary permit; or
(ii) temporary sports event registration certificate.
(4)
(a) A dealer may appeal the division's suspension or revocation by filing a written appeal with the administrator within 10 days of the suspension or revocation.
(b) Upon receiving the dealer's written appeal, the administrator shall set a hearing for not more than 20 days from the date the written appeal is received.
(c) A hearing or appeal under this section shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 3 - Temporary Permits › Section 305 - In-transit permits -- Limits -- Tax provision.

41-3-305.
In-transit permits -- Limits -- Tax provision.
(1) Under rules made by the administrator, in-transit permits may be issued by the division or its authorized representatives.
(2) In-transit permits allow use of the highways for a time period not to exceed 96 hours.
(3) Before issuing any in-transit permit, the division or its authorized representative shall be satisfied that the person applying for the permit is the owner of the motor vehicle or the owner's representative, and if the owner or driver is a Utah resident, that the motor vehicle complies with the security requirements of Sections 31A-22-302 and 31A-22-303.
(4) The division or its authorized representative may issue in-transit permits without requiring a property tax clearance for the motor vehicle on which the permit is to be used.
Renumbered and Amended by Chapter 234, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 401.6 - Transaction disclosure form.

Effective 7/1/2023
41-3-401.6.
Transaction disclosure form.
(1)
(a) Before a sale is finalized, a licensee shall provide the transaction disclosure form described in Subsection (3).
(b) The licensee and the purchaser shall each execute the transaction disclosure form to memorialize the negotiated terms and prices of the sale.
(c) The licensee shall provide the purchaser a copy of the transaction disclosure form.
(2) The commission shall create the transaction disclosure form as described in Subsection (3).
(3) The transaction disclosure form shall include:
(a) the negotiated sale price of the vehicle;
(b) the negotiated value of the trade-in vehicle, if applicable;
(c) an itemized list of the following legally required taxes and fees:
(i) a temporary permit fee pursuant to Section 41-1a-211;
(ii) a fee required in Chapter 1a, Part 5, Titling Requirement;
(iii) motor vehicle registration fees required under this title;
(iv) a dealer documentary service fee as described in rules made in accordance with Sections 41-3-301 and 41-3-302;
(v) sales and use taxes required by Title 59, Chapter 12, Sales and Use Tax Act; and
(vi) any other taxes or fees required by federal or state law to be paid by the purchaser of a motor vehicle;
(d) the subtotal of the amounts described in Subsections (3)(a) through (c);
(e) any other optional charges as negotiated by the licensee and purchaser; and
(f) the total amount for which the licensee agrees to seek arrangements for financing, if applicable.
(4) A transaction disclosure form described in this section is not required for a sale at auction or a fleet transaction.
Enacted by Chapter 63, 2023 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 403 - Dealer noncompliance -- Rights of purchaser -- Penalties.

41-3-403.
Dealer noncompliance -- Rights of purchaser -- Penalties.
(1)
(a) Subject to the provisions of Subsection (4), if a dealer fails to comply with Subsection 41-3-301(1), the purchaser may return the purchased motor vehicle to the dealer and receive a complete refund of all money and other consideration given for the purchase, including any motor vehicles or property traded in.
(b) If the motor vehicle or property traded in has been sold by the dealer, he shall return to the purchaser the amount of money equivalent to the value of the motor vehicle or property as allowed toward the purchase.
(c) Demand for the return may be made directly by the customer, his attorney, or the administrator.
(d) Any loan payments or interest due between the sale date and the return date on either the motor vehicle purchased or a motor vehicle traded in, are the responsibility of the dealer.
(2) Failure of a dealer to comply with this section:
(a) is a violation of Subsection 41-3-301(1);
(b) is a ground for immediate dealer license suspension; and
(c) allows the customer a cause of action against the dealer to recover all consideration owed under Subsection (1).
(3) A motor vehicle returned under the provisions of this section is not considered to be sold for purposes of:
(a) notice of sale under Subsection 41-3-301(2); and
(b) sales tax under Title 59, Chapter 12, Sales and Use Tax Act.
(4) If a dealer fails to comply with Subsection 41-3-301(1), the dealer shall accept the return of a purchased motor vehicle under this section if the purchaser:
(a) returns the motor vehicle to the dealer and requests in writing that the purchase be rescinded, prior to the time the dealer submits a certificate of title or manufacturer's certificate of origin for that motor vehicle, endorsed according to law, to the Motor Vehicle Division, accompanied by all documents required to obtain a new certificate of title and registration in the new owner's name;
(b) furnishes to the dealer a written odometer disclosure statement in accordance with Section 41-1a-902; and
(c) pays the dealer an amount equal to the current standard mileage rate for the cost of operating a motor vehicle established by the federal Internal Revenue Service for each mile the motor vehicle was driven between the date the purchaser first acquired possession and the date when the purchaser returned the motor vehicle to the dealer.
Amended by Chapter 210, 2004 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 404 - Right of action against dealer, salesperson, crusher, body shop, or surety on bond.

41-3-404.
Right of action against dealer, salesperson, crusher, body shop, or surety on bond.
(1) A person may maintain an action against a dealer, crusher, or body shop on the corporate surety bond if:
(a) the person suffers a loss or damage because of:
(i) fraud;
(ii) fraudulent representation; or
(iii) a violation of Section 41-3-210; and
(b) the loss or damage results from the action of:
(i) a licensed dealer;
(ii) a licensed dealer's salesperson acting on behalf of the dealer or within the scope of the salesperson's employment;
(iii) a licensed crusher; or
(iv) a body shop.
(2) Successive recovery against a surety on a bond is permitted, but the total aggregate liability on the bond to all persons making claims, regardless of the number of claimants or the number of years a bond remains in force, may not exceed the amount of the bond.
(3) A cause of action may not be maintained against any surety under any bond required under this chapter except as provided in Section 41-3-205.
Amended by Chapter 239, 1999 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 405 - Sale of third party warranty or service contract -- Remission of fee.

41-3-405.
Sale of third party warranty or service contract -- Remission of fee.
(1) If a dealer licensed under this chapter sells a third party warranty or service contract to a customer, the dealer shall within 15 days remit the fee paid by the customer to the warranty or service contract company.
(2) Failure of a dealer to remit the fee within 15 days is a ground for dealer license suspension and allows the customer a cause of action against the dealer for damages that otherwise would have been covered by the warranty or service contract.
Renumbered and Amended by Chapter 234, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 406 - Short title.

41-3-406.
Short title.
Sections 41-3-406 through 41-3-414 are known as the "Motor Vehicle Buyback Disclosure Act."
Enacted by Chapter 163, 1993 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 407 - Definitions.

41-3-407.
Definitions.
As used in Sections 41-3-406 through 41-3-414:
(1) "Buyback vehicle" means a motor vehicle with an alleged nonconformity that has been replaced or repurchased by a manufacturer as the result of a court judgment, arbitration, or any voluntary agreement entered into between the manufacturer or its agent and a consumer.
(2) "Consumer" means an individual who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle other than for the purposes of resale, or sublease, during the duration of the period defined under Section 13-20-5.
(3) "Manufacturer" means any manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle.
(4)
(a) "Motor vehicle" includes:
(i) a motor home, as defined in Section 13-20-2, but only the self-propelled vehicle and chassis; and
(ii) a motor vehicle, as defined in Section 41-1a-102.
(b) "Motor vehicle" does not include:
(i) those portions of a motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space;
(ii) farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-102;
(iii) mobile home as defined in Section 41-1a-102; or
(iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a motor home as defined under Subsection (4)(a)(i).
(5) "Nonconforming vehicle" means a buyback vehicle that has been investigated and evaluated pursuant to Title 13, Chapter 20, New Motor Vehicle Warranties Act, or a similar law of another state or federal government.
(6)
(a) "Nonconformity" means a defect, malfunction, or condition that fails to conform to the express warranty, or substantially impairs the use, safety, or value of a motor vehicle.
(b) "Nonconformity" does not include a defect, malfunction, or condition that results from an accident, abuse, neglect, modification, or alteration of a motor vehicle by a person other than the manufacturer, its authorized agent, or a dealer.
(7) "Seller" means any person selling, auctioning, leasing, or exchanging a motor vehicle.
(8) "Violation" means each failure to comply with the obligations imposed by Sections 41-3-406 through 41-3-413. In the case of multiple failures to comply resulting from a single transaction, each failure to comply is a separate violation.
Amended by Chapter 222, 1998 General Session
Amended by Chapter 339, 1998 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 409 - Certificate of title -- Brand -- Reporting requirements.

41-3-409.
Certificate of title -- Brand -- Reporting requirements.
A manufacturer, its agent, or a dealer who accepts the return of a nonconforming vehicle, shall:
(1) immediately upon receipt, cause the words "MANUFACTURER BUYBACK NONCONFORMING VEHICLE" to be clearly and conspicuously stamped on the face of the original certificate of title, the Manufacturer's Statement of Origin, or other evidence of ownership; and
(2) within 10 days of receipt of the certificate of title, Manufacturer's Statement of Origin, or other evidence of ownership, submit a copy of the face of that stamped document to the Motor Vehicle Division of the Tax Commission.
Enacted by Chapter 163, 1993 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 410 - State civil enforcement.

41-3-410.
State civil enforcement.
(1) If a person violates Sections 41-3-406 through 41-3-409, the attorney general may bring an action to:
(a) temporarily or permanently restrain or enjoin the violation;
(b) recover any amounts for the benefit of injured consumers for which the violator is liable under Section 41-3-411;
(c) recover a civil penalty of up to $10,000 for each violation that is committed; and
(d) obtain any other equitable relief the court determines to be proper, in addition to damages and civil penalties.
(2) An action under Subsection (1) must be brought within two years from the date on which the violation is discovered and disclosed to the attorney general.
Enacted by Chapter 163, 1993 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 411 - Private remedy.

41-3-411.
Private remedy.
(1) Any seller who violates Sections 41-3-406 through 41-3-409 is liable to the purchaser for:
(a) actual damages if the purchaser elects to retain the buyback vehicle, or the value of the consideration paid for the buyback vehicle if the purchaser elects rescission;
(b) the costs of the action and reasonable attorney fees;
(c) up to three times the value of the actual damages or the consideration as exemplary damages; and
(d) other equitable relief, including rescission and restitution, the court determines to be proper in addition to damages and costs.
(2) Actual damages include the difference between the actual market value of the buyback vehicle or nonconforming vehicle at the time of purchase and the contract price, towing, repair, and storage expenses, rental of substitute transportation, food and lodging expenses, lost wages, finance charges, sales or use tax, other governmental fees, lease charges, and other incidental and consequential damages.
(3) Lack of privity is not a bar to any action under this section.
(4)
(a) A permanent injunction, final judgment, or final order of the court obtained by the attorney general under Section 41-3-410 is prima facie evidence, in an action brought under this section, that the defendant has violated Sections 41-3-406 through 41-3-409.
(b) This section does not apply to consent orders or stipulated judgments in which there is no admission of liability by the defendant.
(5) Any action to enforce liability under this section must be brought within two years from the date of discovery by the consumer of the facts underlying the cause of action.
Enacted by Chapter 163, 1993 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 412 - Unfair trade practices.

41-3-412.
Unfair trade practices.
A violation of Sections 41-3-406 through 41-3-409 is an unfair or deceptive practice under Title 13, Chapter 11, Utah Consumer Sales Practices Act.
Enacted by Chapter 163, 1993 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 413 - Criminal penalties -- Nonexclusive.

41-3-413.
Criminal penalties -- Nonexclusive.
(1) Knowing or intentional concealment, removal, destruction, or alteration of a disclosure statement or of a certificate of title branded under Section 41-1a-522 is a second degree felony.
(2) Criminal penalties under this chapter are not exclusive, but are in addition to those under Section 76-10-1801.
(3) The remedies provided in Sections 41-3-410 through this section are not exclusive but are in addition to any other remedies provided by law.
Enacted by Chapter 163, 1993 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 4 - Disclosure Requirements › Section 414 - Application.

41-3-414.
Application.
Sections 41-3-406 through 41-3-414 apply to automobiles repurchased on or after July 1, 1993.
Enacted by Chapter 163, 1993 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 5 - Special Dealer License Plates › Section 501 - Special plates -- Dealers -- Dismantlers -- Manufacturers -- Remanufacturers -- Transporters -- Restrictions on use.

Effective 10/1/2019
41-3-501.
Special plates -- Dealers -- Dismantlers -- Manufacturers -- Remanufacturers -- Transporters -- Restrictions on use.
(1) Except as provided under this chapter, a dealer may operate or move a motor vehicle displaying a dealer plate issued by the division upon the highways without registering it under Title 41, Chapter 1a, Motor Vehicle Act, if the dealer owns or possesses the motor vehicle by consignment for resale.
(2) A dismantler may operate or move a motor vehicle displaying a dismantler plate issued by the division without registering the motor vehicle as required under Title 41, Chapter 1a, Motor Vehicle Act, upon the highways solely to transport the motor vehicle:
(a) from the place of purchase or legal acquisition to the place of business for dismantling; or
(b) to the place of business of a licensed crusher for disposal.
(3) A manufacturer or remanufacturer may operate or move a manufactured or remanufactured motor vehicle displaying a manufacturer plate issued by the division upon the highways without registering the motor vehicle as required under Title 41, Chapter 1a, Motor Vehicle Act, solely to:
(a) deliver the motor vehicle to a dealer;
(b) demonstrate a motor vehicle to a dealer or prospective dealer; or
(c) conduct manufacturer tests of a motor vehicle.
(4)
(a) A transporter may operate or move a motor vehicle displaying a transporter plate issued by the division upon the highways without registering the motor vehicle as required under Title 41, Chapter 1a, Motor Vehicle Act, solely:
(i) from the point of repossession to a financial institution or to the place of storage, so that a financial institution may provide for operation of a repossessed motor vehicle by a prospective purchaser;
(ii) to and from a detail or repair shop for the purpose of detailing or repairing the motor vehicle; or
(iii) to a delivery point in, out, or through the state.
(b) This subsection does not include loaded motor vehicles subject to the gross laden weight provision of Title 41, Chapter 1a, Motor Vehicle Act.
(5) Dealer plates may not be used:
(a) on a motor vehicle leased or rented for compensation;
(b) in lieu of registration, on a motor vehicle sold by the dealer; or
(c) on a loaded commercial vehicle over 26,000 pounds gross laden weight unless a special loaded demonstration permit is obtained from the division in accordance with Section 41-3-502.
Amended by Chapter 424, 2019 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 5 - Special Dealer License Plates › Section 502 - Special plates -- Permit to use dealer plate to demonstrate loaded motor vehicle.

Effective 10/1/2019
41-3-502.
Special plates -- Permit to use dealer plate to demonstrate loaded motor vehicle.
(1) Under rules established by the administrator, the division may issue a permit to a dealer to use a dealer plate to demonstrate a loaded commercial vehicle over 26,000 pounds to a bona fide prospective purchaser.
(2) To obtain a permit, the dealer or his authorized representative shall apply on a form prescribed by the division.
(3) If approved and issued, the permit shall be:
(a) carried in the commercial vehicle for which the division issued the permit during the demonstration trip; and
(b) returned to the division properly completed and signed within 10 days after the day on which the permit expires.
Amended by Chapter 424, 2019 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 5 - Special Dealer License Plates › Section 503 - Special plates -- Issuance.

Effective 10/1/2019
41-3-503.
Special plates -- Issuance.
(1) Subject to the provisions of Subsections (3), (4), and (5), the division may issue special plates under Section 41-3-501 as necessary to conduct the business of the dealer, dismantler, manufacturer, remanufacturer, or transporter applying for the plates.
(2) Each plate issued shall contain a number or symbol distinguishing it from every other plate.
(3) Except as provided under Subsection (4), the division may issue five special dealer plates to each dealer licensed under this chapter plus one additional special dealer plate for every 25 motor vehicles the dealer sells each year.
(4) A dealer licensed under this chapter who does not sell at least three new or used motor vehicles in any 12-month period may not be issued or have renewed any special dealer plates.
(5)
(a)
(i) The division shall determine, at least annually, the number of special dealer plates to be issued or renewed to each dealer before issuing or renewing any special dealer plates.
(ii) In determining the number of special plates to be issued to a dealer, the division shall use the past motor vehicle sales history of the dealer.
(b) If no sales history is available, the division may use generally accepted motor vehicle sales projections based on:
(i) written forecasts submitted by the dealer to motor vehicle manufacturers, financial institutions, or bonding and insurance companies;
(ii) the dealer's inventory of motor vehicles available for sale; or
(iii) written verification of credit extended to the dealer by financial institutions for financing the dealer's inventory of motor vehicles available for sale.
(6)
(a) The division may recall, redesign, and reissue special plates under this part, as needed to administer the provisions of this title.
(b) All special plates shall be designed in conformity with Sections 41-1a-401, 41-1a-402, and 41-1a-403.
Amended by Chapter 424, 2019 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 5 - Special Dealer License Plates › Section 504 - Special plates -- Display.

41-3-504.
Special plates -- Display.
Special plates issued to dealers, dismantlers, manufacturers, remanufacturers, and transporters for the purpose of operating or moving motor vehicles on the highway under the provisions of this chapter shall be:
(1) prominently displayed on the rear of the motor vehicle where clearly visible;
(2) free from foreign materials;
(3) clearly legible; and
(4) securely fastened in a horizontal position.
Renumbered and Amended by Chapter 234, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 5 - Special Dealer License Plates › Section 505 - Special plates -- Application -- Security requirements.

41-3-505.
Special plates -- Application -- Security requirements.
(1) A dealer, dismantler, manufacturer, remanufacturer, or transporter may apply to the division upon the appropriate form for one or more special plates.
(2) The applicant shall also submit proof of his status as a licensed dealer, dismantler, manufacturer, remanufacturer, or transporter as required by the division.
(3) The applicant shall also establish to the satisfaction of the division that he complies with the security requirements of Sections 31A-22-302 and 31A-22-303.
Renumbered and Amended by Chapter 234, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 5 - Special Dealer License Plates › Section 506 - Special plates -- Expiration.

41-3-506.
Special plates -- Expiration.
(1) A special plate issued expires:
(a) on June 30 each year; or
(b) upon the cancellation, suspension, or revocation of the licensee's license.
(2) Under Subsection (1)(b), the plates shall be returned to the licensee upon reinstatement of his license.
(3) A new plate or plates, or renewal decal, for the ensuing year may be obtained by the licensee submitting a new application to the division and paying the dealer, dismantler, manufacturer, or transporter plate fee provided by law.
Renumbered and Amended by Chapter 234, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 5 - Special Dealer License Plates › Section 507 - Special plates -- Record to be kept by users -- Reporting and replacing lost or stolen plates.

Effective 10/1/2019
41-3-507.
Special plates -- Record to be kept by users -- Reporting and replacing lost or stolen plates.
(1) Each dealer, dismantler, manufacturer, remanufacturer, and transporter shall keep a written record of each special plate issued to the licensee.
(2) The record shall contain the name and address of any person to whom the plate has been assigned to be used.
(3) The record shall:
(a) account at all times for every special plate issued to the licensee; and
(b) be open to inspection by any peace officer or any officer or employee of the division.
(4)
(a)
(i) A licensee shall report immediately the licensee's lost or stolen special plate to the division.
(ii) If a dealer does not report a lost or stolen special plate to the division in accordance with Subsection (4)(a)(i), the division shall add any replacement special plate to the total special plates the division issues the dealer under Section 41-3-503.
(b) A licensee may replace a lost or stolen special plate only after:
(i) the special plate has expired; or
(ii)
(A) the licensee provides a police report to the division; and
(B) the plate is listed as stolen in the National Crime Information Center.
Amended by Chapter 424, 2019 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 5 - Special Dealer License Plates › Section 508 - Special plates -- Suspension or revocation -- Grounds -- Procedure -- Appeal -- Confiscation.

41-3-508.
Special plates -- Suspension or revocation -- Grounds -- Procedure -- Appeal -- Confiscation.
(1) The division may suspend or revoke the special plate or plates issued to a dealer, dismantler, manufacturer, remanufacturer, or transporter if it determines that the person:
(a) is not lawfully entitled to them;
(b) has made or knowingly permitted illegal use of the plates;
(c) has committed fraud in the registration of motor vehicles; or
(d) failed to give notices of sales or transfers required under this chapter.
(2)
(a) Suspension or revocation of special plates takes effect immediately upon written notification to the licensee by the division.
(b) Upon notification, the licensee shall immediately return all special plates to the division.
(c) Failure to return the plates or permitting their continued use is a violation of this chapter.
(3)
(a) If a licensee desires to appeal the division's suspension or revocation, he shall file a written notice of appeal with the administrator within 10 days of the suspension or revocation.
(b) Upon receipt of the notice, the administrator shall schedule a hearing for not more than 20 days from the date the written appeal is received.
(c) The licensee may not continue to use or possess any special plates that have been suspended or revoked.
(d) The hearing and subsequent appeal process are in accordance with the procedures in this chapter.
(4)
(a) A peace officer may confiscate any special plate that he has reason to believe is being used illegally.
(b) A special plate confiscated under this chapter or Title 41, Chapter 1a, Motor Vehicle Act, may not be returned to the licensee if the administrator determines that the plate was being used illegally.
Amended by Chapter 1, 1992 General Session
Renumbered and Amended by Chapter 234, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 6 - Fees › Section 601 - Fees.

Effective 7/1/2018
41-3-601.
Fees.
(1) The administrator shall collect fees determined by the commission under Section 63J-1-504 for each of the following:
(a) new motor vehicle dealer's license;
(b) used motor vehicle dealer's license;
(c) new motorcycle, off-highway vehicle, and small trailer dealer;
(d) used motorcycle, off-highway vehicle, and small trailer dealer;
(e) motor vehicle salesperson's license;
(f) motor vehicle salesperson's transfer or reissue fee;
(g) motor vehicle manufacturer's license;
(h) motor vehicle transporter's license;
(i) motor vehicle dismantler's license;
(j) motor vehicle crusher's license;
(k) motor vehicle remanufacturer's license;
(l) body shop's license;
(m) distributor or factory branch and distributor branch's license;
(n) representative's license;
(o) dealer plates;
(p) dismantler plates;
(q) manufacturer plates;
(r) transporter plates;
(s) damaged plate replacement;
(t) in-transit permits;
(u) loaded demonstration permits;
(v) additional place of business;
(w) special equipment dealer's license;
(x) temporary permits; and
(y) temporary sports event registration certificates.
(2)
(a) To pay for training certified vehicle inspectors and enforcement under Sections 41-1a-1001 through 41-1a-1008, the State Tax Commission shall establish and the administrator shall collect inspection fees determined by the commission under Section 63J-1-504.
(b) The division shall use fees collected under Subsection (2)(a) as dedicated credits to be used toward the costs of the division.
(3)
(a) At the time of application, the administrator shall collect a fee of $200 for each salvage vehicle buyer license.
(b) The administrator may retain a portion of the fee under Subsection (3)(a) to offset the administrator's actual costs of administering and enforcing salvage vehicle buyer licenses.
(4) A fee imposed under Subsection (1)(x) or (y):
(a) shall be deposited into the Motor Vehicle Enforcement Division Temporary Permit Restricted Account created by Section 41-3-110; and
(b) is not subject to Subsection 63J-1-105(3) or (4).
Amended by Chapter 469, 2018 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 6 - Fees › Section 602 - Disposition of fees and penalties.

41-3-602.
Disposition of fees and penalties.
Except as provided in Sections 41-3-601 and 41-3-604, all fees and penalties collected under this chapter shall be paid to the state treasurer who shall deposit them in the General Fund.
Amended by Chapter 185, 2007 General Session
Amended by Chapter 281, 2007 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 6 - Fees › Section 604 - Fee to cover the cost of electronic payments.

Effective 7/1/2018
41-3-604.
Fee to cover the cost of electronic payments.
(1) As used in this section:
(a) "Electronic payment" has the same meaning as defined in Section 41-1a-1221.
(b) "Electronic payment fee" has the same meaning as defined in Section 41-1a-1221.
(2)
(a) The division may collect a fee to cover the cost of electronic payments on the following transactions:
(i) each purchase or renewal of a license under Section 41-3-202;
(ii) each purchase of a book of temporary permits under Section 41-3-302;
(iii) each penalty issued for a delinquent temporary permit under Section 41-3-302;
(iv) each purchase of an in-transit permit under Section 41-3-305;
(v) each purchase of a loaded demonstration permit under Section 41-3-502;
(vi) each purchase of a license plate under Section 41-3-503; and
(vii) each purchase of a salvage vehicle buyer license under Section 41-3-202.
(b) The fee described in Subsection (2)(a):
(i) shall be imposed regardless of the method of payment for a particular transaction; and
(ii) need not be separately identified from the fees and penalty described in Subsections (2)(a)(i) through (vii).
(3) The division shall establish the fee under Subsection (2)(a) according to the procedures and requirements of Section 63J-1-504.
(4) A fee imposed under this section:
(a) shall be deposited in the Electronic Payment Fee Restricted Account created by Section 41-1a-121; and
(b) is not subject to Subsection 63J-1-105(3) or (4).
Amended by Chapter 469, 2018 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 7 - Penalties › Section 701 - Violations as misdemeanors.

Effective 10/1/2019
41-3-701.
Violations as misdemeanors.
(1) Except as otherwise provided in this chapter, any person who violates this chapter is guilty of a class B misdemeanor.
(2)
(a)
(i) Except as provided in Subsection (2)(a)(ii), a person who violates Section 41-3-201 is guilty of a class A misdemeanor.
(ii) A person who violates the requirement to title a vehicle with a salvage certificate within seven days of purchasing the vehicle at a motor vehicle auction under Subsection 41-3-201(3)(e) is guilty of a class C misdemeanor.
(b) Once a person has met the criteria for the offense of acting as a dealer without a license, each additional motor vehicle the person sells, displays for sale, offers for sale or exchange, or leases in that 12-month period without becoming licensed under Section 41-3-202 is a separate violation.
(3) A person who violates Section 41-3-301 10 or more times is guilty of a class A misdemeanor, unless the selling dealer complies with the requirements of Section 41-3-403.
(4) A person who violates Section 41-3-207.5 is guilty of a class A misdemeanor.
Amended by Chapter 424, 2019 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 7 - Penalties › Section 703 - Violations as felonies.

41-3-703.
Violations as felonies.
(1) A person may not forge, falsify, or counterfeit any license, special plate, temporary permit, in-transit permit, decal, or other document issued by the division or any other state or jurisdiction.
(2) A person may not hold or use any license, special plate, temporary permit, in-transit permit, decal, or other document issued by the division or any other state or jurisdiction knowing it to have been forged, falsified, or counterfeited.
(3) A violation of Subsection (1) or (2) is a third degree felony.
Enacted by Chapter 165, 1998 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 3 - Motor Vehicle Business Regulation Act › Part 7 - Penalties › Section 704 - Penalty waiver.

41-3-704.
Penalty waiver.
Upon making a record of its actions, and upon reasonable cause shown, the commission may waive, reduce, or compromise any of the civil penalties imposed by the division under this chapter.
Enacted by Chapter 53, 2012 General Session