41-3-407 - Definitions.
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 hasbeen replaced or repurchased by a manufacturer as the result of a court judgment, arbitration, orany voluntary agreement entered into between the manufacturer or its agent and a consumer.
(2) "Consumer" means an individual who has entered into an agreement or contract forthe transfer, lease, or purchase of a new motor vehicle other than for the purposes of resale, orsublease, during the duration of the period defined under Section 13-20-5.
(3) "Manufacturer" means any manufacturer, importer, distributor, or anyone who isnamed as the warrantor on an express written warranty on a motor vehicle.
(4) (a) "Motor vehicle" includes:
(i) a motor home, as defined in Section 13-20-2, but only the self-propelled vehicle andchassis; and
(ii) a motor vehicle, as defined in Section 41-1a-102.
(b) "Motor vehicle" does not include:
(i) those portions of a motor home designated, used, or maintained primarily as a mobiledwelling, office, or commercial space;
(ii) farm tractor, motorcycle, road tractor, or truck tractor as defined in Section41-1a-102;
(iii) mobile home as defined in Section 41-1a-102; or
(iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a motorhome as defined under Subsection (4)(a)(i).
(5) "Nonconforming vehicle" means a buyback vehicle that has been investigated andevaluated pursuant to Title 13, Chapter 20, New Motor Vehicles Warranties Act, or a similar lawof another state or federal government.
(6) (a) "Nonconformity" means a defect, malfunction, or condition that fails to conform tothe express warranty, or substantially impairs the use, safety, or value of a motor vehicle.
(b) "Nonconformity" does not include a defect, malfunction, or condition that results froman accident, abuse, neglect, modification, or alteration of a motor vehicle by a person other thanthe manufacturer, its authorized agent, or a dealer.
(7) "Seller" means any person selling, auctioning, leasing, or exchanging a motor vehicle.
(8) "Violation" means each failure to comply with the obligations imposed by Sections41-3-406 through 41-3-413. In the case of multiple failures to comply resulting from a singletransaction, each failure to comply is a separate violation.
Amended by Chapter 222, 1998 General Session
Amended by Chapter 339, 1998 General Session