Title 41, Title 41: Motor Vehicles

41-3-105. Administrator's powers and duties -- Administrator and investigators to be law enforcement officers. (1) The administrator may make rules to carry out the purposes of this chapter and Sectionsthroughaccording to the procedures and requirements of Title 63G, Chapter 3, U…

41-3-107. Attorney general -- Duty to render opinions and to represent or appear for administrator . The attorney general shall: (1) represent the administrator and the division; (2) give opinions on all questions of law relating to the interpretation of this chapter or arising o…

41-3-108. Copies of records and papers -- Admissibility in evidence. Certified copies of all records and papers prepared in the office of the administrator under seal of the administrator are admissible in evidence in any case in the same manner as the original.

41-3-109. Adjudicative proceedings -- Hearings. The commission, the division, and the administrator shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in all adjudicative proceedings conducted under the authority of this chap…

41-3-110. Motor Vehicle Enforcement Division Temporary Permit Restricted Account. (1) As used in this section, "account" means the Motor Vehicle Enforcement Division Temporary Permit Restricted Account created by this section. (2) There is created within the General Fund a restri…

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 havi…

41-3-201.5. Brokering of a new motor vehicle without a license prohibited. (1) A person may not, for a fee, commission, or other form of compensation, arrange, offer to arrange, or broker a transaction involving the sale or lease of more than two: new or used motor vehicles in an…

41-3-201.7. Supplemental license for additional place of business restrictions -- Exception. (1) Subject to the requirements of Subsection, the administrator may issue a supplemental license for an additional place of business under Subsectionto a dealer if the dealer is: (2) 41-…

41-3-202. Licenses -- Classes and scope. (1) A new motor vehicle dealer's license permits the licensee to: offer for sale, sell, or exchange new motor vehicles if the licensee possesses a franchise from the manufacturer of the motor vehicle offered for sale, sold, or exchanged by…

41-3-202.2. Provisional license. (1) As used in this section: "Provisional license" means a provisional version of a particular class of standard license. "Standard license" means a license that the administrator is authorized to issue under Sectionfor a class for which a princip…

41-3-203. Licenses -- Form -- Seal -- Custody of salesperson's license -- Display of salesperson and dealer licenses -- Licensee's pocket card. (1) The administrator shall prescribe the form of each license and the seal of the administrator's office shall be imprinted on each lic…

41-3-204. Licenses -- Principal place of business as prerequisite -- Change of location -- Relinquishment on loss of principal place of business. (1) The following licensees must maintain a principal place of business: dealers; special equipment dealers; manufacturers; transporte…

41-3-205. Licenses -- Bonds required -- Maximum liability -- Action against surety -- Loss of bond. (1) Before a dealer's, special equipment dealer's, crusher's, or body shop's license is issued, the applicant shall file with the administrator a corporate surety bond in the amoun…

41-3-205.5. Licenses -- Criminal background check required on salesperson's licenses -- Payment of cost. (1) Every applicant for a salesperson's license shall submit fingerprints with a completed application to the division. An individual required to renew a salesperson license o…

41-3-206. Duration of licenses -- Expiration date -- Renewal. (1) Except as provided in Subsection, 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, if the license has not been …

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 f…

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 licensed auto aucti…

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 the salesperson's employer, the dealer who last employed the salesperson shall return the salesp…

41-3-209. Administrator's findings -- Suspension and revocation of license. (1) If the administrator finds that an applicant is not qualified to receive a license, a license may not be granted. (2) If the administrator finds that there is reasonable cause to deny, suspend, or rev…

41-3-210. License holders -- Prohibitions, allowances, and requirements. (1) The holder of any license issued under this chapter may not: intentionally publish, display, or circulate any advertising that is misleading or inaccurate in any material fact or that misrepresents any o…

41-3-211. Unlawful acts or practices. (1) A licensee may not knowingly or intentionally engage in any of the following unlawful acts or practices: provide a financial institution or person being contacted to provide financing for the purchase of a motor vehicle, a motor vehicle c…

41-3-301. Sale by dealer, sale by auction -- Temporary permit -- Delivery of certificate of title or origin -- Notice to division. (1) Each dealer licensed under, upon the sale and delivery of any motor vehicle for which a temporary permit is issued under Sectionshall within 45 d…

41-3-302. Temporary permits -- Purchasers of motor vehicles -- Penalty for use after expiration -- Sale and rescission. (1) A dealer or the division may issue a temporary permit. In accordance with, the administrator shall makes rules for the issuance of a temporary permit under …

41-3-303. Temporary permits -- Inspections required before issuance. (1) Except as provided in Subsectionsand, a dealer licensed in accordance with this chapter may not issue a temporary permit for a motor vehicle under Sectionunless the motor vehicle passed an emissions inspecti…

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 tempor…

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) B…

41-3-306. Temporary sports event registration -- Definitions -- Issuance -- Fees -- Expiration -- Rulemaking authority. (1) As used in this section: "Distributor-provided vehicle" means a motor vehicle: that has never been titled or registered in any state; and the use of which i…

41-3-401. Disclosure of financing arrangements relating to the sale of motor vehicles. (1) A dealer may not issue a temporary permit or release possession of a motor vehicle that the dealer has sold to someone other than another dealer unless the document of sale contains one of …

41-3-401.5. Disclosure of financing arrangements relating to the lease of a motor vehicle. (1) A dealer may not issue a temporary permit or release possession of a motor vehicle wherein the dealer has contracted to enter into a lease agreement to someone other than another dealer…

41-3-401.6. Transaction disclosure form. (1) Before a sale is finalized, a licensee shall provide the transaction disclosure form described in Subsection. (3) The licensee and the purchaser shall each execute the transaction disclosure form to memorialize the negotiated terms and…

41-3-402. Payoff of liens on motor vehicles traded in. (1) If a dealer takes a trade-in from a retail customer as part of the sale or lease of a motor vehicle and there is an outstanding loan balance owing on the trade-in, then the dealer: within 21 calendar days of the date of s…

41-3-403. Dealer noncompliance -- Rights of purchaser -- Penalties. (1) Subject to the provisions of Subsection, if a dealer fails to comply with Subsection, the purchaser may return the purchased motor vehicle to the dealer and receive a complete refund of all money and other co…

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: the person suffers a loss or damage because of: fraud; fraudulent representat…

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 servic…

41-3-406. Short title. Sectionsthroughare known as the "Motor Vehicle Buyback Disclosure Act."

41-3-407. Definitions. As used in Sectionsthrough: (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…

41-3-408. Resale of buyback or nonconforming vehicles -- Disclosure statements. (1) A motor vehicle may not be offered, auctioned, sold, leased, transferred, or exchanged by a manufacturer or dealer with the knowledge that it is a buyback vehicle or a nonconforming vehicle withou…

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 conspic…

41-3-410. State civil enforcement. (1) If a person violates Sectionsthrough, the attorney general may bring an action to: 41-3-406 41-3-409 temporarily or permanently restrain or enjoin the violation; recover any amounts for the benefit of injured consumers for which the violator…

41-3-411. Private remedy. (1) Any seller who violates Sectionsthroughis liable to the purchaser for: 41-3-406 41-3-409 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 resc…

41-3-412. Unfair trade practices. A violation of Sectionsthroughis an unfair or deceptive practice under.

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 Sectionis a second degree felony. 41-1a-522 (2) Criminal penalties under this chapter are…

41-3-414. Application. Sectionsthroughapply to automobiles repurchased on or after July 1, 1993.

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 highway…

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 …

41-3-503. Special plates -- Issuance. (1) Subject to the provisions of Subsections,, and, the division may issue special plates under Sectionas necessary to conduct the business of the dealer, dismantler, manufacturer, remanufacturer, or transporter applying for the plates. (3) (…