41-3-102 - Definitions.
41-3-102. Definitions.
As used in this chapter:
(1) "Administrator" means the motor vehicle enforcement administrator.
(2) "Agent" means a person other than a holder of any dealer's or salesperson's licenseissued under this chapter, who for salary, commission, or compensation of any kind, negotiates inany way for the sale, purchase, order, or exchange of three or more motor vehicles for any otherperson in any 12-month period.
(3) "Auction" means a dealer engaged in the business of auctioning motor vehicles,either owned or consigned, to the general public.
(4) "Board" means the advisory board created in Section 41-3-106.
(5) "Body shop" means a business engaged in rebuilding, restoring, repairing, or paintingprimarily the body of motor vehicles damaged by collision or natural disaster.
(6) "Commission" means the State Tax Commission.
(7) "Crusher" means a person who crushes or shreds motor vehicles subject toregistration under Title 41, Chapter 1a, Motor Vehicle Act, to reduce the useable materials andmetals to a more compact size for recycling.
(8) (a) "Dealer" means a person:
(i) whose business in whole or in part involves selling new, used, or new and used motorvehicles or off-highway vehicles; and
(ii) who sells, displays for sale, or offers for sale or exchange three or more new or usedmotor vehicles or off-highway vehicles in any 12-month period.
(b) "Dealer" includes a representative or consignee of any dealer.
(9) (a) "Dismantler" means a person engaged in the business of dismantling motorvehicles subject to registration under Title 41, Chapter 1a, Motor Vehicle Act, for the resale ofparts or for salvage.
(b) "Dismantler" includes a person who dismantles three or more motor vehicles in any12-month period.
(10) "Distributor" means a person who has a franchise from a manufacturer of motorvehicles to distribute motor vehicles within this state and who in whole or in part sells ordistributes new motor vehicles to dealers or who maintains distributor representatives.
(11) "Distributor branch" means a branch office similarly maintained by a distributor forthe same purposes a factory branch is maintained.
(12) "Distributor representative" means a person and each officer and employee of theperson engaged as a representative of a distributor or distributor branch of motor vehicles tomake or promote the sale of the distributor or the distributor branch's motor vehicles, or forsupervising or contacting dealers or prospective dealers of the distributor or the distributorbranch.
(13) "Division" means the Motor Vehicle Enforcement Division created in Section41-3-104.
(14) "Factory branch" means a branch office maintained by a person who manufacturesor assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs orsupervises the factory branch's representatives.
(15) "Factory representative" means a person and each officer and employee of theperson engaged as a representative of a manufacturer of motor vehicles or by a factory branch tomake or promote the sale of the manufacturer's or factory branch's motor vehicles, or for
supervising or contacting the dealers or prospective dealers of the manufacturer or the factorybranch.
(16) "Franchise" means a contract or agreement between a dealer and a manufacturer ofnew motor vehicles or its distributor or factory branch by which the dealer is authorized to sellany specified make or makes of new motor vehicles.
(17) "Manufacturer" means a person engaged in the business of constructing orassembling new motor vehicles, ownership of which is customarily transferred by amanufacturer's statement or certificate of origin, or a person who constructs three or more newmotor vehicles in any 12-month period.
(18) "Motorcycle" has the same meaning as defined in Section 41-1a-102.
(19) (a) "Motor vehicle" means a vehicle that is:
(i) self-propelled;
(ii) a trailer, travel trailer, or semitrailer; or
(iii) an off-highway vehicle or small trailer.
(b) "Motor vehicle" does not include:
(i) mobile homes as defined in Section 41-1a-102;
(ii) trailers of 750 pounds or less unladen weight; and
(iii) farm tractors and other machines and tools used in the production, harvesting, andcare of farm products.
(20) "New motor vehicle" means a motor vehicle that has never been titled or registeredand has been driven less than 7,500 miles, unless the motor vehicle is an off-highway vehicle,small trailer, trailer, travel trailer, or semitrailer, in which case the mileage limit does not apply.
(21) "Off-highway vehicle" has the same meaning as provided in Section 41-22-2.
(22) "Pawnbroker" means a person whose business is to lend money on security ofpersonal property deposited with him.
(23) "Principal place of business" means a site or location in this state:
(a) devoted exclusively to the business for which the dealer, manufacturer,remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businessesincidental to them;
(b) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicatethe boundary and to admit a definite description with space adequate to permit the display ofthree or more new, or new and used, or used motor vehicles and sufficient parking for the public;and
(c) that includes a permanent enclosed building or structure large enough toaccommodate the office of the establishment and to provide a safe place to keep the books andother records of the business, at which the principal portion of the business is conducted and thebooks and records kept and maintained.
(24) "Remanufacturer" means a person who reconstructs used motor vehicles subject toregistration under Title 41, Chapter 1a, Motor Vehicle Act, to change the body style andappearance of the motor vehicle or who constructs or assembles motor vehicles from used or newand used motor vehicle parts, or who reconstructs, constructs, or assembles three or more motorvehicles in any 12-month period.
(25) "Salesperson" means an individual who for a salary, commission, or compensationof any kind, is employed either directly, indirectly, regularly, or occasionally by any new motorvehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the
sale, purchase, or exchange of motor vehicles.
(26) "Semitrailer" has the same meaning as defined in Section 41-1a-102.
(27) "Small trailer" means a trailer that has an unladen weight of more than 750 pounds,but less than 2,000 pounds.
(28) "Special equipment" includes a truck mounted crane, cherry picker, material lift,post hole digger, and a utility or service body.
(29) "Special equipment dealer" means a new or new and used motor vehicle dealerengaged in the business of buying new incomplete motor vehicles with a gross vehicle weight of12,000 or more pounds and installing special equipment on the incomplete motor vehicle.
(30) "Trailer" has the same meaning as defined in Section 41-1a-102.
(31) "Transporter" means a person engaged in the business of transporting motorvehicles as described in Section 41-3-202.
(32) "Travel trailer" has the same meaning as provided in Section 41-1a-102.
(33) "Used motor vehicle" means a vehicle that has been titled and registered to apurchaser other than a dealer or has been driven 7,500 or more miles, unless the vehicle is atrailer, or semitrailer, in which case the mileage limit does not apply.
(34) "Wholesale motor vehicle auction" means a dealer primarily engaged in the businessof auctioning consigned motor vehicles to dealers or dismantlers who are licensed by this or anyother jurisdiction.
Amended by Chapter 393, 2010 General Session