41-3-201.   Licenses required -- Restitution -- Education.
     (1) As used in this section, "new applicant" means a person who is applying for a license that the person has not been issued during the previous licensing year.
     (2) A person may not act as any of the following without having procured a license issued by the administrator:
     (a) a dealer;
     (b) salvage vehicle buyer;
     (c) salesperson;
     (d) manufacturer;
     (e) transporter;
     (f) dismantler;
     (g) distributor;
     (h) factory branch and representative;
     (i) distributor branch and representative;
     (j) crusher;
     (k) remanufacturer; or
     (l) body shop.
     (3) (a) Except as provided in Subsection (3)(c), a person may not bid on or purchase a vehicle with a salvage certificate as defined in Section 41-1a-1001 at or through a motor vehicle auction unless the person is a licensed salvage vehicle buyer.
     (b) Except as provided in Subsection (3)(c), a person may not offer for sale, sell, or exchange a vehicle with a salvage certificate as defined in Section 41-1a-1001 at or through a motor vehicle auction except to a licensed salvage vehicle buyer.
     (c) A person may offer for sale, sell, or exchange a vehicle with a salvage certificate as defined in Section 41-1a-1001 at or through a motor vehicle auction:
     (i) to an out-of-state or out-of-country purchaser not licensed under this section, but that is authorized to do business in the domestic or foreign jurisdiction in which the person is domiciled or registered to do business; and
     (ii) subject to the restriction in Subsection (3)(d), to an in-state purchaser not licensed under this section that:
     (A) is registered to do business in Utah; and
     (B) has a Utah sales tax license.
     (d) An operator of a motor vehicle auction may only offer for sale, sell, or exchange five vehicles with a salvage certificate as defined in Section 41-1a-1001 at or through a motor vehicle auction in any 12 month period to an in-state purchaser that does not have a salvage vehicle buyer license issued in accordance with Subsection 41-3-202(15).
     (e) (i) An in-state purchaser of a vehicle with a salvage certificate as defined in Section 41-1a-1001 that is purchased at or through a motor vehicle auction shall title the vehicle within 15 days of the purchase if the purchaser does not have a salvage vehicle buyer license, dealer license, body shop license, or dismantler license issued in accordance with Section 41-3-202.
     (ii) An operator of a motor vehicle auction may not offer for sale, sell, or exchange additional vehicles with a salvage certificate as defined in Section 41-1a-1001 at or through a motor vehicle auction to a purchaser if notified that the purchaser has not titled previously purchased vehicles with a salvage certificate as required under Subsection (3)(e)(i).
     (f) The commission may impose an administrative entrance fee established in accordance

with the procedures and requirements of Section 63J-1-504 not to exceed $10 on a person not holding a license described in Subsection (3)(e)(i) that enters the physical premises of a motor vehicle auction for the purpose of viewing available salvage vehicles prior to an auction.
     (4) (a) An operator of a motor vehicle auction shall keep a record of the sale of each salvage vehicle.
     (b) A record described under Subsection (4)(a) shall contain:
     (i) the purchaser's name and address; and
     (ii) the year, make, and vehicle identification number for each salvage vehicle sold.
     (c) An operator of a motor vehicle auction shall:
     (i) retain the record described in this Subsection (4) for five years from the date of sale; and
     (ii) make a record described in this Subsection (4) available for inspection by the division at the location of the motor vehicle auction during normal business hours.
     (5) (a) An operator of a motor vehicle auction that sells a salvage vehicle to a person that is an out-of-country buyer shall:
     (i) stamp on the face of the title so as not to obscure the name, date, or mileage statement the words "FOR EXPORT ONLY" in all capital, black letters; and
     (ii) stamp in each unused reassignment space on the back of the title the words "FOR EXPORT ONLY."
     (b) The words "FOR EXPORT ONLY" shall be:
     (i) at least two inches wide; and
     (ii) clearly legible.
     (6) A supplemental license shall be secured by a dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop for each additional place of business maintained by the licensee.
     (7) A person who has been convicted of any law relating to motor vehicle commerce or motor vehicle fraud may not be issued a license unless full restitution regarding those convictions has been made.
     (8) (a) The division may not issue a license to a new applicant for a new or used motor vehicle dealer license, a new or used motorcycle dealer license, or a small trailer dealer license unless the new applicant completes an eight-hour orientation class approved by the division that includes education on motor vehicle laws and rules.
     (b) The approved costs of the orientation class shall be paid by the new applicant.
     (c) The class shall be completed by the new applicant and the applicant's partners, corporate officers, bond indemnitors, and managers.
     (d) (i) The division shall approve:
     (A) providers of the orientation class; and
     (B) costs of the orientation class.
     (ii) A provider of an orientation class shall submit the orientation class curriculum to the division for approval prior to teaching the orientation class.

Amended by Chapter 234, 2009 General Session
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Last revised: Thursday, May 28, 2009