§ 41-3-202 — Licenses -- Classes and scope.

Utah § 41-3-202

• Jurisdiction: Utah
• Title 41: Motor Vehicles
• Ch. 41-3: Motor Vehicle Business Regulation Act
• Part 41-3-2: Licensing

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(1) A new motor vehicle dealer's license permits the licensee to:

(1)(a) 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 the licensee;
(1)(b) offer for sale, sell, or exchange used motor vehicles;
(1)(c) operate as a body shop; and
(1)(d) dismantle motor vehicles.
(2) A used motor vehicle dealer's license permits the licensee to:

(2)(a) offer for sale, sell, or exchange used motor vehicles;
(2)(b) operate as a body shop; and
(2)(c) dismantle motor vehicles.
(3) A direct-sale manufacturer's license permits the licensee to:

(3)(a) offer for sale, sell, or exchange new motor vehicles of the same line-make that the direct-sale manufacturer manufactures;
(3)(b) offer for sale, sell, or exchange used motor vehicles;
(3)(c) operate as a body shop; and
(3)(d) dismantle motor vehicles.
(4) A new motorcycle, off-highway vehicle, and small trailer dealer's license permits the licensee to:

(4)(a) offer for sale, sell, or exchange new motorcycles, off-highway vehicles, or small trailers if the licensee possesses a franchise from the manufacturer of the motorcycle, off-highway vehicle, or small trailer offered for sale, sold, or exchanged by the licensee;
(4)(b) offer for sale, sell, or exchange used motorcycles, off-highway vehicles, or small trailers; and
(4)(c) dismantle motorcycles, off-highway vehicles, or small trailers.
(5) A used motorcycle, off-highway vehicle, and small trailer dealer's license permits the licensee to:

(5)(a) offer for sale, sell, or exchange used motorcycles, off-highway vehicles, and small trailers; and
(5)(b) dismantle motorcycles, off-highway vehicles, or small trailers.
(6) (6)(a) Except as provided in Subsection (6)(b), a salesperson's license permits the licensee to act as a motor vehicle salesperson and is valid for employment with only one dealer at a time.
(6)(b) A licensee that has been issued a salesperson's license and that is employed by a dealer that operates as a wholesale motor vehicle auction may be employed by more than one dealer that operates as a wholesale motor vehicle auction at a time.
(7) (7)(a) A direct-sale manufacturer salesperson's license permits the licensee to act as a direct-sale manufacturer salesperson for one direct-sales manufacturer.
(7)(b) A direct-sale manufacturer salesperson licensee may not simultaneously hold a salesperson's license.
(8) (8)(a) A manufacturer's license permits the licensee to construct or assemble motor vehicles subject to registration under Title 41, Chapter 1a, Motor Vehicle Act, at an established place of business and to remanufacture motor vehicles.
(8)(b) Under rules the administrator makes, the licensee may issue and install vehicle identification numbers on manufactured motor vehicles.
(8)(c) The licensee may franchise and appoint dealers to sell manufactured motor vehicles by notifying the division of the franchise or appointment.
(9) (9)(a) A transporter's license permits the licensee to transport or deliver motor vehicles subject to registration under Title 41, Chapter 1a, Motor Vehicle Act, from a manufacturing, assembling, or distributing point or from a dealer, to dealers, distributors, or sales agents of a manufacturer or remanufacturer, to or from detail or repair shops, and to financial institutions or places of storage from points of repossession.
(9)(b) The division may not issue or renew a transporter license to an applicant who is not:
(9)(b)(i) licensed under this chapter as a body shop;
(9)(b)(ii) a detail or repair shop;
(9)(b)(iii) a tow truck motor carrier subject to Title 72, Chapter 9, Motor Carrier Safety Act;
(9)(b)(iv) a repossession company;
(9)(b)(v) licensed under this chapter as a dealer; or
(9)(b)(vi) a finance company.
(9)(c) The division may not issue or renew a transporter license unless the applicant provides proof of insurance or other form of security meeting the minimum requirements of Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act.
(10) A dismantler's license permits the licensee to dismantle motor vehicles subject to registration under Title 41, Chapter 1a, Motor Vehicle Act, for the purpose of reselling parts or for salvage, or selling dismantled or salvage vehicles to a crusher or other dismantler.
(11) A distributor or factory branch and distributor branch's license permits the licensee to sell and distribute new motor vehicles, parts, and accessories to their franchised dealers.
(12) A representative's license, for factory representatives or distributor representatives permits the licensee to contact the licensee's authorized dealers for the purpose of making or promoting the sale of motor vehicles, parts, and accessories.
(13) (13)(a) (13)(a)(i) A remanufacturer's license permits the licensee to construct, reconstruct, assemble, or reassemble motor vehicles subject to registration under Title 41, Chapter 1a, Motor Vehicle Act, from used or new motor vehicles or parts.
(13)(a)(ii) Evidence of ownership of parts and motor vehicles used in remanufacture shall be available to the division upon demand.
(13)(b) Under rules the administrator makes, the licensee may issue and install vehicle identification numbers on remanufactured motor vehicles.
(14) A crusher's license permits the licensee to engage in the business of crushing or shredding motor vehicles subject to registration under Title 41, Chapter 1a, Motor Vehicle Act, for the purpose of reducing the useable materials and metals to a more compact size for recycling.
(15) A body shop's license permits the licensee:

(15)(a) to rebuild, restore, repair, or paint the body of motor vehicles; and
(15)(b) to dismantle motor vehicles.
(16) A special equipment dealer's license permits the licensee to:

(16)(a) buy incomplete new motor vehicles with a gross vehicle weight of 12,000 or more pounds from a new motor vehicle dealer and sell the new vehicle with the special equipment installed without a franchise from the manufacturer;
(16)(b) offer for sale, sell, or exchange used motor vehicles;
(16)(c) operate as a body shop; and
(16)(d) dismantle motor vehicles.
(17) (17)(a) A salvage vehicle buyer license permits the licensee to bid on or purchase a vehicle with a salvage certificate as defined in Section 41-1a-1001 at any motor vehicle auction.
(17)(b) The division may only issue a salvage vehicle buyer license to a motor vehicle dealer, dismantler, or body shop who qualifies under rules made by the division and is licensed in any state as a motor vehicle dealer, dismantler, or body shop.
(17)(c) The division may not issue more than two salvage vehicle buyer licenses to any one dealer, dismantler, or body shop.
(17)(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the administrator shall make rules establishing qualifications of an applicant for a salvage vehicle buyer license. The criteria shall include:
(17)(d)(i) business history;
(17)(d)(ii) salvage vehicle qualifications;
(17)(d)(iii) ability to properly handle and dispose of environmental hazardous materials associated with salvage vehicles; and
(17)(d)(iv) record in demonstrating compliance with the provisions of this chapter.

Legislative History

Amended by Chapter 424, 2019 General Session