41-1a-102 - Definitions.
41-1a-102. Definitions.
As used in this chapter:
(1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
(2) "Actual weight" means the actual unladen weight of a vehicle or combination ofvehicles as operated and certified to by a weighmaster.
(3) "Affidavit of Mobile Home Affixture" means the affidavit of affixture described inTitle 59, Chapter 2, Part 6, Mobile Homes.
(4) "All-terrain type I vehicle" has the same meaning provided in Section 41-22-2.
(5) "All-terrain type II vehicle" has the same meaning provided in Section 41-22-2.
(6) "Amateur radio operator" means any person licensed by the Federal CommunicationsCommission to engage in private and experimental two-way radio operation on the amateur bandradio frequencies.
(7) "Branded title" means a title certificate that is labeled:
(a) rebuilt and restored to operation;
(b) flooded and restored to operation; or
(c) not restored to operation.
(8) "Camper" means any structure designed, used, and maintained primarily to bemounted on or affixed to a motor vehicle that contains a floor and is designed to provide amobile dwelling, sleeping place, commercial space, or facilities for human habitation or forcamping.
(9) "Certificate of title" means a document issued by a jurisdiction to establish a recordof ownership between an identified owner and the described vehicle, vessel, or outboard motor.
(10) "Certified scale weigh ticket" means a weigh ticket that has been issued by aweighmaster.
(11) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used ormaintained for the transportation of persons or property that operates:
(a) as a carrier for hire, compensation, or profit; or
(b) as a carrier to transport the vehicle owner's goods or property in furtherance of theowner's commercial enterprise.
(12) "Commission" means the State Tax Commission.
(13) "Dealer" means a person engaged or licensed to engage in the business of buying,selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or onconditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established placeof business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
(14) "Division" means the Motor Vehicle Division of the commission, created in Section41-1a-106.
(15) "Essential parts" means all integral and body parts of a vehicle of a type required tobe registered in this state, the removal, alteration, or substitution of which would tend to concealthe identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.
(16) "Farm tractor" means every motor vehicle designed and used primarily as a farmimplement for drawing plows, mowing machines, and other implements of husbandry.
(17) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for hisown use in the transportation of:
(i) farm products, including livestock and its products, poultry and its products,floricultural and horticultural products;
(ii) farm supplies, including tile, fence, and every other thing or commodity used inagricultural, floricultural, horticultural, livestock, and poultry production; and
(iii) livestock, poultry, and other animals and things used for breeding, feeding, or otherpurposes connected with the operation of a farm.
(b) "Farm truck" does not include the operation of trucks by commercial processors ofagricultural products.
(18) "Fleet" means one or more commercial vehicles.
(19) "Foreign vehicle" means a vehicle of a type required to be registered, brought intothis state from another state, territory, or country other than in the ordinary course of business byor through a manufacturer or dealer, and not registered in this state.
(20) "Gross laden weight" means the actual weight of a vehicle or combination ofvehicles, equipped for operation, to which shall be added the maximum load to be carried.
(21) "Highway" or "street" means the entire width between property lines of every way orplace of whatever nature when any part of it is open to the public, as a matter of right, forpurposes of vehicular traffic.
(22) (a) "Identification number" means the identifying number assigned by themanufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboardmotor.
(b) "Identification number" includes a vehicle identification number, state assignedidentification number, hull identification number, and motor serial number.
(23) "Implement of husbandry" means every vehicle designed or adapted and usedexclusively for an agricultural operation and only incidentally operated or moved upon thehighways.
(24) (a) "In-state miles" means the total number of miles operated in this state during thepreceding year by fleet power units.
(b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means thetotal number of miles that those vehicles were towed on Utah highways during the precedingyear.
(25) "Interstate vehicle" means any commercial vehicle operated in more than one state,province, territory, or possession of the United States or foreign country.
(26) "Jurisdiction" means a state, district, province, political subdivision, territory, orpossession of the United States or any foreign country.
(27) "Lienholder" means a person with a security interest in particular property.
(28) "Manufactured home" means a transportable factory built housing unit constructedon or after June 15, 1976, according to the Federal Home Construction and Safety Standards Actof 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet ormore in width or 40 body feet or more in length, or when erected on site, is 400 or more squarefeet, and which is built on a permanent chassis and designed to be used as a dwelling with orwithout a permanent foundation when connected to the required utilities, and includes theplumbing, heating, air-conditioning, and electrical systems.
(29) "Manufacturer" means a person engaged in the business of constructing,manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboardmotors for the purpose of sale or trade.
(30) "Mobile home" means a transportable factory built housing unit built prior to June15, 1976, in accordance with a state mobile home code which existed prior to the Federal
Manufactured Housing and Safety Standards Act (HUD Code).
(31) "Motorboat" has the same meaning as provided in Section 73-18-2.
(32) "Motorcycle" means a motor vehicle having a saddle for the use of the rider anddesigned to travel on not more than three wheels in contact with the ground.
(33) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use andoperation on the highways.
(b) "Motor vehicle" does not include an off-highway vehicle.
(34) (a) "Nonresident" means a person who is not a resident of this state as defined bySection 41-1a-202, and who does not engage in intrastate business within this state and does notoperate in that business any motor vehicle, trailer, or semitrailer within this state.
(b) A person who engages in intrastate business within this state and operates in thatbusiness any motor vehicle, trailer, or semitrailer in this state or who, even though engaging ininterstate commerce, maintains any vehicle in this state as the home station of that vehicle isconsidered a resident of this state, insofar as that vehicle is concerned in administering thischapter.
(35) "Odometer" means a device for measuring and recording the actual distance avehicle travels while in operation, but does not include any auxiliary odometer designed to beperiodically reset.
(36) "Off-highway implement of husbandry" has the same meaning as provided inSection 41-22-2.
(37) "Off-highway vehicle" has the same meaning as provided in Section 41-22-2.
(38) "Operate" means to drive or be in actual physical control of a vehicle or to navigatea vessel.
(39) "Outboard motor" means a detachable self-contained propulsion unit, excluding fuelsupply, used to propel a vessel.
(40) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to asecurity interest.
(b) If a vehicle is the subject of an agreement for the conditional sale or installment saleor mortgage of the vehicle with the right of purchase upon performance of the conditions statedin the agreement and with an immediate right of possession vested in the conditional vendee ormortgagor, or if the vehicle is the subject of a security agreement, then the conditional vendee,mortgagor, or debtor is considered the owner for the purposes of this chapter.
(c) If a vehicle is the subject of an agreement to lease, the lessor is considered the owneruntil the lessee exercises his option to purchase the vehicle.
(41) "Personalized license plate" means a license plate that has displayed on it acombination of letters, numbers, or both as requested by the owner of the vehicle and assigned tothe vehicle by the division.
(42) (a) "Pickup truck" means a two-axle motor vehicle with motive powermanufactured, remanufactured, or materially altered to provide an open cargo area.
(b) "Pickup truck" includes motor vehicles with the open cargo area covered with acamper, camper shell, tarp, removable top, or similar structure.
(43) "Pneumatic tire" means every tire in which compressed air is designed to supportthe load.
(44) "Preceding year" means a period of 12 consecutive months fixed by the division that
is within 16 months immediately preceding the commencement of the registration or license yearin which proportional registration is sought. The division in fixing the period shall conform it tothe terms, conditions, and requirements of any applicable agreement or arrangement for theproportional registration of vehicles.
(45) "Public garage" means every building or other place where vehicles or vessels arekept and stored and where a charge is made for the storage and keeping of vehicles and vessels.
(46) "Reconstructed vehicle" means every vehicle of a type required to be registered inthis state that is materially altered from its original construction by the removal, addition, orsubstitution of essential parts, new or used.
(47) "Recreational vehicle" has the same meaning as provided in Section 13-14-102.
(48) "Registration" means a document issued by a jurisdiction that allows operation of avehicle or vessel on the highways or waters of this state for the time period for which theregistration is valid and that is evidence of compliance with the registration requirements of thejurisdiction.
(49) (a) "Registration year" means a 12 consecutive month period commencing with thecompletion of all applicable registration criteria.
(b) For administration of a multistate agreement for proportional registration the divisionmay prescribe a different 12-month period.
(50) "Repair or replacement" means the restoration of vehicles, vessels, or outboardmotors to a sound working condition by substituting any inoperative part of the vehicle, vessel,or outboard motor, or by correcting the inoperative part.
(51) "Replica vehicle" means:
(a) a street rod that meets the requirements under Subsection 41-21-1(1)(a)(i)(B); or
(b) a custom vehicle that meets the requirements under Subsection41-6a-1507(1)(a)(i)(B).
(52) "Road tractor" means every motor vehicle designed and used for drawing othervehicles and constructed so it does not carry any load either independently or any part of theweight of a vehicle or load that is drawn.
(53) "Sailboat" has the same meaning as provided in Section 73-18-2.
(54) "Security interest" means an interest that is reserved or created by a securityagreement to secure the payment or performance of an obligation and that is valid against thirdparties.
(55) "Semitrailer" means every vehicle without motive power designed for carryingpersons or property and for being drawn by a motor vehicle and constructed so that some part ofits weight and its load rests or is carried by another vehicle.
(56) "Special group license plate" means a type of license plate designed for a particulargroup of people or a license plate authorized and issued by the division in accordance withSection 41-1a-418.
(57) (a) "Special interest vehicle" means a vehicle used for general transportationpurposes and that is:
(i) 20 years or older from the current year; or
(ii) a make or model of motor vehicle recognized by the division director as havingunique interest or historic value.
(b) In making his determination under Subsection (57)(a), the division director shall givespecial consideration to:
(i) a make of motor vehicle that is no longer manufactured;
(ii) a make or model of motor vehicle produced in limited or token quantities;
(iii) a make or model of motor vehicle produced as an experimental vehicle or onedesigned exclusively for educational purposes or museum display; or
(iv) a motor vehicle of any age or make that has not been substantially altered ormodified from original specifications of the manufacturer and because of its significance is beingcollected, preserved, restored, maintained, or operated by a collector or hobbyist as a leisurepursuit.
(58) (a) "Special mobile equipment" means every vehicle:
(i) not designed or used primarily for the transportation of persons or property;
(ii) not designed to operate in traffic; and
(iii) only incidentally operated or moved over the highways.
(b) "Special mobile equipment" includes:
(i) farm tractors;
(ii) off-road motorized construction or maintenance equipment including backhoes,bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii) ditch-digging apparatus.
(c) "Special mobile equipment" does not include a commercial vehicle as defined underSection 72-9-102.
(59) "Specially constructed vehicle" means every vehicle of a type required to beregistered in this state, not originally constructed under a distinctive name, make, model, or typeby a generally recognized manufacturer of vehicles, and not materially altered from its originalconstruction.
(60) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
(61) (a) "Total fleet miles" means the total number of miles operated in all jurisdictionsduring the preceding year by power units.
(b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means thenumber of miles that those vehicles were towed on the highways of all jurisdictions during thepreceding year.
(62) "Trailer" means a vehicle without motive power designed for carrying persons orproperty and for being drawn by a motor vehicle and constructed so that no part of its weightrests upon the towing vehicle.
(63) "Transferee" means a person to whom the ownership of property is conveyed bysale, gift, or any other means except by the creation of a security interest.
(64) "Transferor" means a person who transfers his ownership in property by sale, gift, orany other means except by creation of a security interest.
(65) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehiclewithout motive power, designed as a temporary dwelling for travel, recreational, or vacation usethat does not require a special highway movement permit when drawn by a self-propelled motorvehicle.
(66) "Truck tractor" means a motor vehicle designed and used primarily for drawingother vehicles and not constructed to carry a load other than a part of the weight of the vehicleand load that is drawn.
(67) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,manufactured home, and mobile home.
(68) "Vessel" has the same meaning as provided in Section 73-18-2.
(69) "Vintage vehicle" has the same meaning as provided in Section 41-21-1.
(70) "Waters of this state" has the same meaning as provided in Section 73-18-2.
(71) "Weighmaster" means a person, association of persons, or corporation permitted toweigh vehicles under this chapter.
Amended by Chapter 171, 2009 General Session