41-3-201. Licenses required -- Restitution -- Education.
(1) As used in this section, "new applicant" means a person who is applying for a license that the person has not been issued during the previous licensing year.
(2) A person may not act as any of the following without having procured a license issued by the administrator: dealer; salvage vehicle buyer; salesperson; manufacturer; transporter; dismantler; distributor; factory branch and representative; distributor branch and representative; crusher; remanufacturer; body shop; or motor vehicle auction.
(3) Except as provided in Subsection, a person may not bid on or purchase a vehicle with a nonrepairable or salvage certificate as defined in Sectionat or through a motor vehicle auction unless the person is a licensed salvage vehicle buyer. (3)(c) 41-1a-1001 Except as provided in Subsection, a person may not offer for sale, sell, or exchange a vehicle with a nonrepairable or salvage certificate as defined in Sectionat or through a motor vehicle auction except to a licensed salvage vehicle buyer. (3)(c) 41-1a-1001 A person may offer for sale, sell, or exchange a vehicle with a nonrepairable or salvage certificate as defined in Sectionat or through a motor vehicle auction: 41-1a-1001 to an out-of-state or out-of-country purchaser not licensed under this section, but that is authorized to do business in the domestic or foreign jurisdiction in which the person is domiciled or registered to do business; subject to the restrictions in Subsection, to an in-state purchaser not licensed under this section that: (3)(d) has a valid business license in Utah; and has a Utah sales tax license; and to a crusher. An operator of a motor vehicle auction shall verify that an in-state purchaser not licensed under this section has the licenses required in Subsection. (3)(c)(ii) An operator of a motor vehicle auction may only offer for sale, sell, or exchange five vehicles with a salvage certificate as defined in Sectionat or through a motor vehicle auction in any 12-month period to an in-state purchaser that does not have a salvage vehicle buyer license issued in accordance with Subsection. 41-1a-1001 41-3-202(18) The five vehicle limitation under this Subsectionapplies to each Utah sales tax license and not to each person with the authority to use a sales tax license. (3)(d) An operator of a motor vehicle auction may not sell a vehicle with a nonrepairable certificate as defined in Sectionto a purchaser otherwise allowed to purchase a vehicle under Subsection. 41-1a-1001 (3)(c)(ii) For a vehicle with a salvage certificate purchased under Subsection, an operator of a motor vehicle auction shall: (3)(c)(ii) until Subsectionapplies, make application for a salvage certificate of title on behalf of the Utah purchaser within seven days of the purchase if the purchaser does not have a salvage vehicle buyer license, dealer license, body shop license, or dismantler license issued in accordance with Section; or (3)(e)(i)(B) 41-3-202 beginning on or after the date that the Motor Vehicle Division has implemented the Motor Vehicle Division's GenTax system, make application electronically, in a form and time period approved by the Motor Vehicle Division, for a salvage certificate of title to be issued in the name of the purchaser; give to the purchaser a disclosure printed on a separate piece of paper that states:"THIS DISCLOSURE STATEMENT MUST BE GIVEN BY THE SELLER TO THE BUYER EVERY TIME THIS VEHICLE IS RESOLD WITH A SALVAGE CERTIFICATEVehicle Identification Number (VIN)Year: Make: Model:SALVAGE VEHICLE--NOT FOR RESALE WITHOUT DISCLOSUREWARNING: THIS SALVAGE VEHICLE MAY NOT BE SAFE FOR OPERATION UNLESS PROPERLY REPAIRED. SOME STATES MAY REQUIRE AN INSPECTION BEFORE THIS VEHICLE MAY BE REGISTERED. THE STATE OF UTAH MAY REQUIRE THIS VEHICLE TO BE PERMANENTLY BRANDED AS A REBUILT SALVAGE VEHICLE. OTHER STATES MAY ALSO PERMANENTLY BRAND THE CERTIFICATE OF TITLE._________________________________________________________________Signature of Purchaser Date"; and if applicable, provide evidence to the Motor Vehicle Division of: payment of sales taxes on taxable sales in accordance with Section; 41-1a-510 the identification number inspection required under Section; and 41-1a-511 the odometer disclosure statement required under Section. 41-1a-902 The Motor Vehicle Division shall include a link to the disclosure statement described in Subsectionon its website. (3)(e)(ii) The commission may impose an administrative entrance fee established in accordance with the procedures and requirements of Sectionnot to exceed $10 on a person not holding a license described in Subsectionthat enters the physical premises of a motor vehicle auction for the purpose of viewing available salvage vehicles prior to an auction. 63J-1-504 (3)(e)(i) A vehicle sold at or through a motor vehicle auction to an out-of-state purchaser with a nonrepairable or salvage certificate may not be certificated in Utah until the vehicle has been certificated out-of-state.
(4) An operator of a motor vehicle auction shall keep a record of the sale of each salvage vehicle. A record described under Subsectionshall contain: (4)(a) the purchaser's name and address; and the year, make, and vehicle identification number for each salvage vehicle sold. An operator of a motor vehicle auction shall: provide the record described in Subsectionelectronically in a method approved by the division to the division within two business days of the completion of the motor vehicle auction; (4)(a) retain the record described in this Subsectionfor five years from the date of sale; and (4) make a record described in this Subsectionavailable for inspection by the division at the location of the motor vehicle auction during normal business hours. (4)
(5) An operator of a motor vehicle auction shall store a salvage vehicle sold at auction in a secure facility until the salvage vehicle is claimed as provided in this section. Beginning at the time of purchase and until the salvage vehicle is claimed, the motor vehicle auction operator may collect a daily storage fee for the secure storage of each salvage vehicle sold at auction. Except as provided in Subsection, before releasing possession of a salvage vehicle purchased at a motor vehicle auction to a person not licensed under this part or certified as a tow truck operator under, and if the person claiming the vehicle is a person other than the purchaser of the vehicle, the motor vehicle auction operator shall create a record that shall contain: (5)(d) Title 72, Chapter 9, Part 6, Tow Truck Provisions the name and address, as verified by government issued identification, of the person claiming the vehicle; the year, make, and vehicle identification number of the claimed vehicle; a written statement from the person claiming the vehicle indicating the location where the salvage vehicle will be delivered; and verification that the claimant has authorization from the purchaser to claim the vehicle. If the salvage vehicle is claimed by a transporter or a tow truck operator, the transporter or the tow truck operator shall submit to the motor vehicle auction operator a written record on any release forms indicating the location where the salvage vehicle will be delivered if delivered within the state. An operator of a motor vehicle auction shall: retain the record described in Subsectionfor five years from the date of sale; and (5)(c) make the record available for inspection by the division at the location of the motor vehicle auction during normal business hours.
(6) If applicable, an operator of a motor vehicle auction shall comply with the reporting requirements of the National Motor Vehicle Title Information System overseen by the United States Department of Justice if the person sells a vehicle with a salvage certificate to an in-state purchaser under Subsection. (3)(c)(ii) The Motor Vehicle Division shall include a link to the National Motor Vehicle Title Information System on its website.
(7) An operator of a motor vehicle auction that sells a salvage vehicle to a person that is an out-of-country buyer shall: stamp on the face of the title so as not to obscure the name, date, or mileage statement the words "FOR EXPORT ONLY" in all capital, black letters; and stamp in each unused reassignment space on the back of the title the words "FOR EXPORT ONLY." The words "FOR EXPORT ONLY" shall be: at least two inches wide; and clearly legible.
(8) A dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop shall obtain a supplemental license, in accordance with Sectionfor each additional place of business maintained by the licensee. 41-3-201.7
(9) A person who has been convicted of any law relating to motor vehicle commerce or motor vehicle fraud may not be issued a license or purchase a vehicle with a salvage or nonrepairable certificate unless full restitution regarding those convictions has been made. An operator of a motor vehicle auction, a dealer, or a consignor may not sell a vehicle with a nonrepairable or salvage certificate to a buyer described in Subsectionif the division has informed the operator of the motor vehicle auction, the dealer, or the consignor in writing that the buyer is prohibited from purchasing a vehicle with a nonrepairable or salvage certificate under Subsection. (9)(a) (9)(a)
(10) The division may not issue a license to a new applicant for a new or used motor vehicle dealer license, a direct-sale manufacturer license, a new or used motorcycle dealer license, or a small trailer dealer license unless the new applicant completes an eight-hour orientation class approved by the division that includes education on motor vehicle laws and rules. The approved costs of the orientation class shall be paid by the new applicant. The class shall be completed by the new applicant and the applicant's partners, corporate officers, bond indemnitors, and managers. The division shall approve: providers of the orientation class; and costs of the orientation class. A provider of an orientation class shall submit the orientation class curriculum to the division for approval prior to teaching the orientation class. A provider of an orientation class shall include in the orientation materials: ethics training; motor vehicle title and registration processes; Department of Insurance requirements relating to motor vehicles; Department of Public Safety requirements relating to motor vehicles; federal requirements related to motor vehicles as determined by the division; and any required disclosure compliance forms as determined by the division.
(11) A person or purchaser described in Subsection: (3)(c)(ii) may not purchase more than five salvage vehicles with a nonrepairable or salvage certificate as defined in Sectionin any 12-month period; 41-1a-1001 may not, without first complying with Section, offer for sale, sell, or exchange more than two vehicles with a salvage certificate as defined in Sectionin any 12-month period to a person not licensed under this section; and 41-1a-705 41-1a-1001 may not, without first complying with Section, offer for sale, sell, or exchange a vehicle with a nonrepairable certificate as defined in Sectionto a person not licensed under this section. 41-1a-705 41-1a-1001
(12) An operator of a motor vehicle auction, a dealer, or a consignor may not sell a vehicle with a nonrepairable or salvage certificate to a buyer described in Subsectionif the division has informed the operator of the motor vehicle auction, the dealer, or the consignor in writing that the buyer is prohibited from purchasing a vehicle with a nonrepairable or salvage certificate under Subsection. (11)(a) (11)(a)