41-3-202 - Licenses -- Classes and scope.
41-3-202. Licenses -- Classes and scope.
(1) A new motor vehicle dealer's license permits the licensee to:
(a) offer for sale, sell, or exchange new motor vehicles if the licensee possesses afranchise from the manufacturer of the motor vehicle offered for sale, sold, or exchanged by thelicensee;
(b) offer for sale, sell, or exchange used motor vehicles;
(c) operate as a body shop; and
(d) dismantle motor vehicles.
(2) A used motor vehicle dealer's license permits the licensee to:
(a) offer for sale, sell, or exchange used motor vehicles;
(b) operate as a body shop; and
(c) dismantle motor vehicles.
(3) A new motorcycle, off-highway vehicle, and small trailer dealer's license permits thelicensee to:
(a) offer for sale, sell, or exchange new motorcycles, off-highway vehicles, or smalltrailers 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;
(b) offer for sale, sell, or exchange used motorcycles, off-highway vehicles, or smalltrailers; and
(c) dismantle motorcycles, off-highway vehicles, or small trailers.
(4) A used motorcycle, off-highway vehicle, and small trailer dealer's license permits thelicensee to:
(a) offer for sale, sell, or exchange used motorcycles, off-highway vehicles, and smalltrailers; and
(b) dismantle motorcycles, off-highway vehicles, or small trailers.
(5) (a) Except as provided in Subsection (5)(b), a salesperson's license permits thelicensee to act as a motor vehicle salesperson and is valid for employment with only one dealer ata time.
(b) A licensee that has been issued a salesperson's license and that is employed by adealer that operates as a wholesale motor vehicle auction may be employed by more than onedealer that operates as a wholesale motor vehicle auction at a time.
(6) (a) A manufacturer's license permits the licensee to construct or assemble motorvehicles subject to registration under Title 41, Chapter 1a, Motor Vehicle Act, at an establishedplace of business and to remanufacture motor vehicles.
(b) Under rules made by the administrator, the licensee may issue and install vehicleidentification numbers on manufactured motor vehicles.
(c) The licensee may franchise and appoint dealers to sell manufactured motor vehiclesby notifying the division of the franchise or appointment.
(7) A transporter's license permits the licensee to transport or deliver motor vehiclessubject 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 amanufacturer or remanufacturer, to or from detail or repair shops, and to financial institutions orplaces of storage from points of repossession.
(8) A dismantler's license permits the licensee to dismantle motor vehicles subject toregistration 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.
(9) A distributor or factory branch and distributor branch's license permits the licensee tosell and distribute new motor vehicles, parts, and accessories to their franchised dealers.
(10) A representative's license, for factory representatives or distributor representativespermits the licensee to contact the licensee's authorized dealers for the purpose of making orpromoting the sale of motor vehicles, parts, and accessories.
(11) (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, MotorVehicle Act, from used or new motor vehicles or parts.
(ii) Evidence of ownership of parts and motor vehicles used in remanufacture shall beavailable to the division upon demand.
(b) Under rules made by the administrator, the licensee may issue and install vehicleidentification numbers on remanufactured motor vehicles.
(12) A crusher's license permits the licensee to engage in the business of crushing orshredding 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 forrecycling.
(13) A body shop's license permits the licensee to rebuild, restore, repair, or paintprimarily the body of motor vehicles damaged by collision or natural disaster, and to dismantlemotor vehicles.
(14) A special equipment dealer's license permits the licensee to:
(a) buy incomplete new motor vehicles with a gross vehicle weight of 12,000 or morepounds from a new motor vehicle dealer and sell the new vehicle with the special equipmentinstalled without a franchise from the manufacturer;
(b) offer for sale, sell, or exchange used motor vehicles;
(c) operate as a body shop; and
(d) dismantle motor vehicles.
(15) (a) A salvage vehicle buyer license permits the licensee to bid on or purchase avehicle with a salvage certificate as defined in Section 41-1a-1001 at any motor vehicle auction.
(b) A salvage vehicle buyer license may only be issued to a motor vehicle dealer,dismantler, or body shop who qualifies under rules made by the division and is licensed in anystate as a motor vehicle dealer, dismantler, or body shop.
(c) The division may not issue more than two salvage vehicle buyer licenses to any onedealer, dismantler, or body shop.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, theadministrator shall make rules establishing qualifications of an applicant for a salvage vehiclebuyer license. The criteria shall include:
(i) business history;
(ii) salvage vehicle qualifications;
(iii) ability to properly handle and dispose of environmental hazardous materialsassociated with salvage vehicles; and
(iv) record in demonstrating compliance with the provisions of this chapter.
Amended by Chapter 78, 2009 General Session