Title 41, Title 41: Motor Vehicles

41-1a-605. Constructive notice. (1) If a person files an application in the form for an original certificate of title in accordance with Sectionwithin 30 days after the owner receives a delivery of the vehicle, vessel, or outboard motor, constructive notice dates from the time of…

41-1a-606. Method of giving notice -- Exceptions. The method provided in Sectionsthrough, for giving notice of a lien or encumbrance upon a registered vehicle is exclusive except for liens dependent upon possession and any lien or encumbrance filed as provided under this chapter,…

41-1a-607. Assignment by lienholder. (1) Any person holding a lien or encumbrance upon a vehicle, vessel, or outboard motor, other than a lien dependent solely upon possession, may assign the person's title or interest in or to the vehicle, vessel, or outboard motor to a person o…

41-1a-608. Release by lienholder to owner. (1) A person holding a lien or encumbrance as shown upon a certificate of title upon a vehicle or vessel may release the lien or encumbrance or assign the person's interest to the owner without affecting the registration of the vehicle o…

41-1a-609. Terminal rental adjustment clauses. (1) As used in this section, "terminal rental adjustment clause" means a provision of an agreement that permits or requires the rental price to be adjusted upward or downward by reference to the amount realized by the lessor under th…

41-1a-701. Transfer by owner -- Removal of plates. (1) If the owner of a registered vehicle transfers the title or interest to the vehicle the registration of the vehicle expires. Unless an owner has included the transfer of a license plate as part of a sale, trade, or ownership …

41-1a-702. Endorsement of assignment and warranty of title -- Co-owners. (1) To transfer a vehicle, vessel, or outboard motor the owner shall endorse the certificate of title issued for the vehicle, vessel, or outboard motor in the space for assignment and warranty of title. The …

41-1a-703. New owner to secure new registration and new certificate of title. (1) The transferee, before operating or permitting the operation of a transferred vehicle on a highway, shall: present to the division the certificate of registration and the certificate of title, prope…

41-1a-704. Transfer by operation of law. (1) Except as provided under Subsection (2), if the title or interest of an owner in or to a registered vehicle passes to another person other than by voluntary transfer: the registration of the vehicle expires; and the vehicle may not be …

41-1a-705. Persons that may sell, offer for sale, or display for sale a vehicle, vessel, or outboard motor -- New owner shall title -- Penalties. (1) As used in this section, "immediate family member" means a person's spouse, child, spouse of a child living in the person's home, …

41-1a-706. When division to transfer and issue new certificate. The division shall reregister a vehicle in the name of the new owner and issue a new certificate of registration and a new certificate of title: (1) upon receipt of the: properly endorsed certificate of title; certif…

41-1a-708. Owner not liable for negligent operation after transfer. The owner of a vehicle or vessel who has made a bona fide sale or transfer of the owner's title or interest and who has delivered to the purchaser or transferee possession of the vehicle or vessel, the certificat…

41-1a-709. Dealer transfer of used off-highway vehicle, vessel, or outboard motor. Upon the resale or subsequent transfer by a dealer of a used off-highway vehicle, vessel, or outboard motor, the dealer shall endorse the certificate of title and forward it, accompanied by the tra…

41-1a-710. Certificate of origin required for acquisition or resale of vehicle, vessel, or outboard motor. (1) A dealer may not acquire a new vehicle, vessel, or outboard motor without obtaining a manufacturer's or importer's certificate of origin. (2) A manufacturer, importer, d…

41-1a-711. Compliance of foreign motor vehicle required prior to sale -- Penalty. (1) A person may not knowingly sell or offer for sale in this state any vehicle referred to in Sectionwithout providing to the purchaser at the time of purchase evidence of: 41-1a-225 legal entry of…

41-1a-712. Foreign vehicle disclosure requirements -- Penalties -- Civil damages. (1) A person may not knowingly sell or offer for sale in this state any vehicle that was initially delivered for disposition or sale in a country other than the United States of America unless, prio…

41-1a-801. Altered or changed identification number -- State assigned identification number. (1) The owner of a vehicle required to be registered under this chapter, the identification number of which has been altered, removed, defaced, or has not been placed on it shall make app…

41-1a-802. Identification number inspectors -- Duties. (1) The following are qualified identification number inspectors: the commission; designated officers and employees of the division; a person operating a safety inspection station under; Title 53, Chapter 8, Part 2, Motor Veh…

41-1a-803. Identification numbers -- Assigning numbers -- Requirement for sale. (1) If a vehicle, vessel, or outboard motor has a permanent manufacturer's identification number, the number shall be used as the vehicle's, vessel's, or outboard motor's identification number. If it …

41-1a-804. Garagemen, repair shops, and service stations -- Duty to report number violations. A person owning, conducting, managing, or operating a service station, marina, marine dealership, public garage, paint shop, or repair shop for vehicles, vessels, or outboard motors shal…

41-1a-901. Odometer required. (1) Except as provided in Subsection, each motor vehicle required to be registered under this chapter shall be equipped with a properly functioning odometer. (2) (2) Subsectiondoes not apply to a street-legal all-terrain vehicle that was not equipped…

41-1a-902. Odometer disclosure statement -- Contents -- Receipt -- Exceptions. (1) Each motor vehicle certificate of title, at the time it is issued to the transferee, shall contain: the mileage disclosed by the transferor when ownership of the motor vehicle was transferred; and …

41-1a-903. Leased motor vehicles -- Disclosure of odometer information. (1) Before executing any transfer of ownership document, each lessor of a leased motor vehicle shall notify the lessee in writing that the lessee is required to provide a written disclosure to the lessor rega…

41-1a-904. Retention of statements by dealers -- Inspection. (1) Each dealer required to execute and furnish an odometer mileage disclosure statement under Sectionshall retain at its primary place of business for four years after each transfer of a motor vehicle each statement th…

41-1a-905. Division to print mileage on certificate of title -- Exceptions. (1) The division, before accepting an application for transfer of ownership of a motor vehicle under, shall require the transferee to furnish the completed odometer disclosure statement required by Sectio…

41-1a-906. Repair or replacement of odometer -- Notice affixed to motor vehicle. (1) Sectionsthroughdo not prevent the repair or replacement of an odometer, provided the mileage indicated on the odometer remains the same as before the repair or replacement. 41-1a-902 41-1a-905 (2…

41-3-101. Short title. This chapter is known as the Motor Vehicle Business Regulation Act.

41-3-102. Definitions. As used in this chapter: (1) "Administrator" means the motor vehicle enforcement administrator. (2) "Affiliate" means a person that: manufactures, distributes, sells, or leases new motor vehicles; and directly or indirectly, through one or more intermediari…

41-3-103. Exceptions to "dealer" definition -- Dealer licensed in other state -- Direct-sale manufacturer -- Direct-sale manufacturer salesperson. Under this chapter: (1) An insurance company, bank, finance company, company registered as a title lender under, company registered a…

41-3-104. Division creation -- Administrator appointed. (1) There is created within the commission the Motor Vehicle Enforcement Division with the powers and duties provided in this chapter. (2) The division shall be administered by the motor vehicle enforcement administrator. (3…

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…