Title 61, Title 61

The department of justice shall retain 5% of the funds collected in payment of the trip fees to defray costs of administration. The remaining 95% shall be transferred, on or before the 15th day of each month after collection, to the credit of the department of transportation.

The fees provided for driveaway or towaway transportation are in addition to any fees payable by for-hire carriers under the provisions of chapter 12, Title 69.

The fees provided for driveaway or towaway transporters are in consideration of the right to use the highways of the state and except as provided in 61-4-304 are in lieu of all other fees including those which might be payable under the provisions of part 2 of chapter 10. However…

The fees provided for driveaway or towaway transporters do not apply to: (1) motor vehicles regularly used in the hauling of motor vehicles by the truckaway method or to the motor vehicles being hauled; (2) motor vehicles operated under dealers' licenses or plates; (3) motor vehi…

A motor vehicle or combination of motor vehicles transported over the highways of the state by a permitholder shall display in a prominent position on the motor vehicle the distinctive transit plates or devices, with the towing motor vehicle displaying the plates or device on the…

The department of justice shall furnish the department of transportation a list of the permitholders and of the transit plates or devices issued to those permitholders.

(1) A vehicle subject to registration under chapter 3 may be moved unladen upon the highways of this state from a point within the state to a point of destination. The county treasurer at the point of the origin of the movement shall issue a special permit for the vehicle in lieu…

It is hereby declared to be the policy of this state that free and unrestrained competition shall prevail in the business of financing the purchase or sale of motor vehicles.

As used in this part, the following definitions apply: (1) "Finance company" or "finance agency" means a person, firm, association, corporation, or other organization engaged in the business of buying, selling, assigning, dealing, financing, or acquiring conditional contracts of …

It is unlawful for any manufacturer or wholesale distributor of motor vehicles to sell or enter into a contract for the sale of motor vehicles to any motor vehicle dealer on the condition or under an agreement, expressed or implied, that the dealer will finance the purchase or sa…

Any threat, expressed or implied, made directly or indirectly to any dealer by any manufacturer or by any person who is engaged in the business of financing the purchase or sale of motor vehicles and is affiliated with or controlled by any manufacturer that the manufacturer will …

Any person who shall violate any of the provisions of this part and any employee, agent, or officer of any such person who shall participate in any manner in making, enforcing, or performing or in aiding or abetting in the performance of any such contract, condition, agreement, o…

In addition to the criminal and civil penalties provided in this part, any person who is injured in the person's business or property by any other person or corporation or association or partnership by reason of anything forbidden or declared to be unlawful by this part may sue f…

As used in this part, the following definitions apply: (1) "Collateral charge" means all governmental charges, including but not limited to sales tax, property tax, license and registration fees, and fees in lieu of tax. (2) "Consumer" means the purchaser or lessee, other than fo…

(1) If a consumer notifies in writing the manufacturer or its agent during the warranty period that a new motor vehicle does not conform to all applicable express warranties, the repairs necessary to conform the new motor vehicle to the express warranties shall be made by or at t…

(1) If after a reasonable number of attempts the manufacturer or its agent or authorized dealer is unable, during the warranty period, to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs…

A reasonable number of attempts to conform a new motor vehicle to the applicable express warranties is presumed to have been made for purposes of 61-4-503(1) if: (1) the same nonconformity has been subject to repair four or more times by the manufacturer or its agent or authorize…

(1) This part does not impose any liability on a dealer or create a cause of action by a consumer against a dealer under 61-4-503. (2) A dealer is not liable to a manufacturer for any refunds or motor vehicle replacements in the absence of evidence indicating that repairs made by…

(1) The provisions of this part do not limit the rights or remedies available to a consumer under any other law. (2) All express warranties arising from the sale of a new motor vehicle are subject to the provisions of Title 30, chapter 2, part 3. (3) It is an affirmative defense …

The provisions of 61-4-503 are not applicable against a manufacturer who has established an informal dispute settlement procedure certified by the department to be in substantial compliance with the provisions of Title 16, Code of Federal Regulations, part 703, unless the consume…

(1) A manufacturer who has established an informal dispute settlement procedure under the provisions of Title 16, Code of Federal Regulations, part 703, shall submit a copy of the procedure to the department. The department shall issue a certificate of approval to a manufacturer …

(1) A manufacturer establishing an informal dispute resolution procedure shall file with the department a copy of the annual audit required under Title 16, Code of Federal Regulations, part 703, along with any additional information that the department may require, including the …

(1) The department shall provide an independent forum and arbitration procedure for the settlement of disputes between consumers and manufacturers of motor vehicles that do not conform to all applicable warranties under the provisions of this part. The procedure must conform to T…

An arbitrator for a grievance under this part must be chosen by the department. The department shall maintain a list of persons willing to serve as an arbitrator.

(1) A consumer may initiate a request for arbitration by filing a notice with the department. The consumer shall file, on a form prescribed by the department, any information considered relevant to the resolution of the dispute and shall return the form, along with a $100 filing …

(1) The department shall investigate, gather, and organize all information necessary for a fair and timely decision in each dispute. The department may, on behalf of the arbitrator, issue subpoenas to compel the attendance of witnesses and the production of documents, papers, and…

(1) The arbitrator shall, as expeditiously as possible but not later than 60 days after the department has accepted a complaint, render a fair decision based on the information gathered and disclose the arbitrator's findings and reasoning to the parties. (2) The decision must pro…

A consumer injured by the operation of any procedure that does not conform with procedures established by a manufacturer pursuant to 61-4-511 and the provisions of Title 16, Code of Federal Regulations, part 703, may appeal any decision rendered as the result of the procedure by …

A motor vehicle that is returned to the manufacturer and that requires replacement or refund may not be sold in the state without a clear and conspicuous written disclosure of the fact that the motor vehicle was returned. The department may prescribe by rule the form and content …

The department shall maintain records of each dispute as it determines appropriate, including an index of disputes by brand name and model. The department shall, at intervals of no more than 6 months, compile and maintain statistics indicating the record of compliance with arbitr…

The liabilities and obligations contained in this part may not be delegated or assigned to or assumed by any other person or entity.

A violation of any provision of this part is an unfair or deceptive trade practice under Title 30, chapter 14, part 2, and the penalties provided in 30-14-224(1) apply.