Title 41, Motor Vehicles

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: (a) within 21 calendar days of the date …

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…

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) fraudulen…

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. Sections 41-3-406 through 41-3-414 are known as the "Motor Vehicle Buyback Disclosure Act."

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 enter…

41-3-408. Resale of buyback or nonconforming vehicles -- Disclosure statements. (1)(a) 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 wit…

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 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…

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 elect…

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.

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 ar…

41-3-414. Application. Sections 41-3-406 through 41-3-414 apply 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 (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…

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 th…

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 the applicant'…

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…

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 conta…

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…

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 dea…

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.

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…

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 mi…

41-3-702. Civil penalty for violation. (1) The following are civil violations under this chapter and are in addition to criminal violations under this chapter: (a) Level I: (i) failing to display business license; (ii) failing to surrender license of salesperson because of termin…

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,…

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.

41-3-801. Short title. This part shall be known as the "Consignment Sales Act."

41-3-802. Definitions. As used in this part: (1)(a) "Consignee" means a dealer who accepts vehicles for sale under an agreement that the dealer will pay the consignor for any sold vehicle and will return any unsold vehicles. (b) "Consignee" does not include a motor vehicle auctio…

41-3-803. Consignment sales. (1) A consignor may take possession of the consignor's consigned vehicle at any time the consigned vehicle is in the possession of a consignee, provided that the consignor: (a) has notified the consignee in writing that the consignor will take possess…

41-4-1. Agreements to finance through designated source which lessen competition or create monopoly declared void. It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, to sell or enter into a cont…

41-4-10. Agreements in violation of provisions are void. Any contract or agreement in violation of the provisions of this act, shall be absolutely void and shall not be enforceable either in law or equity.

41-4-11. Provisions cumulative. The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state.

41-4-12. Actions for damages. In addition to the criminal and civil penalties herein provided, 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 unlawf…

41-4-13. Definitions. (1) The term "person," as used in this act, means any individual, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors. (2) The terms "sell," "sold," "buy," and "purchase," as used in this act, include excha…

41-4-14. Severability clause. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The Legislature hereby declares that it would have pa…

41-4-2. Threat to discontinue sales to retail seller prima facie evidence of violation. Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or …

41-4-3. Threat to discontinue sales to person engaged in business of financing who is affiliated with manufacturer or distributor. Any threat, expressed or implied, made directly or indirectly, to any person engaged in the business of selling motor vehicles at retail in this stat…

41-4-4. Giving of gratuity by manufacturer or wholesaler to one financing sales which lessens competition, unlawful. It shall be unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented o…

41-4-5. Unlawful for person financing sales to accept gratuity. It shall be unlawful for any person who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at r…

41-4-6. Accepting gratuity, unlawful thereafter to finance sales. It shall be unlawful for any person who hereafter so accepts or receives, either directly or indirectly, any payment, thing, or service of value, as set forth in Section 41-4-5, or hereafter so contracts, either di…

41-4-7. Violation by corporation -- Penalty. For a violation of any of the provisions of this act by any corporation or association mentioned herein, it shall be the duty of the attorney general or the district attorney of the proper county, to institute proper suits or quo warra…

41-4-8. Violation by foreign corporation -- Penalty. Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises, or functions of a corporation in this state, violating any of the provisions of this act, is hereby denied the right and…

41-4-9. Persons violating provisions -- Penalty. Any person who violates any of the provisions of this act, any person who is a party to any agreement or understanding, or to any contract prescribing any condition prohibited by this act, and any employee, agent or officer of any …

41-6a-1001. Pedestrians subject to traffic-control devices -- Other controls. (1) A pedestrian shall obey the instructions of a traffic-control device specifically applicable to the pedestrian unless otherwise directed by a peace officer. (2) A pedestrian is subject to traffic an…