<section number="41-3-201"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">295</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Licenses required -- Restitution -- Education.</catchline><subsection number="41-3-201(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.</subsection><subsection number="41-3-201(2)">A person may not act as any of the following without having procured a license issued by the administrator:<subsection number="41-3-201(2)(a)">dealer;</subsection><subsection number="41-3-201(2)(b)">salvage vehicle buyer;</subsection><subsection number="41-3-201(2)(c)">salesperson;</subsection><subsection number="41-3-201(2)(d)">manufacturer;</subsection><subsection number="41-3-201(2)(e)">transporter;</subsection><subsection number="41-3-201(2)(f)">dismantler;</subsection><subsection number="41-3-201(2)(g)">distributor;</subsection><subsection number="41-3-201(2)(h)">factory branch and representative;</subsection><subsection number="41-3-201(2)(i)">distributor branch and representative;</subsection><subsection number="41-3-201(2)(j)">crusher;</subsection><subsection number="41-3-201(2)(k)">remanufacturer; </subsection><subsection number="41-3-201(2)(l)">body shop; or</subsection><subsection number="41-3-201(2)(m)">motor vehicle auction.</subsection></subsection><subsection number="41-3-201(3)"><subsection number="41-3-201(3)(a)">Except as provided in Subsection <xref depth="4" refnumber="41-3-201(3)(c)" start="0">(3)(c)</xref>, a person may not bid on or purchase a vehicle with a nonrepairable or salvage certificate as defined in Section <xref depth="3" refnumber="41-1a-1001" start="0">41-1a-1001</xref> at or through a motor vehicle auction unless the person is a licensed salvage vehicle buyer.</subsection><subsection number="41-3-201(3)(b)">Except as provided in Subsection <xref depth="4" refnumber="41-3-201(3)(c)" start="0">(3)(c)</xref>, a person may not offer for sale, sell, or exchange a vehicle with a nonrepairable or salvage certificate as defined in Section <xref depth="3" refnumber="41-1a-1001" start="0">41-1a-1001</xref> at or through a motor vehicle auction except to a licensed salvage vehicle buyer.</subsection><subsection number="41-3-201(3)(c)">A person may offer for sale, sell, or exchange a vehicle with a nonrepairable or salvage certificate as defined in Section <xref depth="3" refnumber="41-1a-1001" start="0">41-1a-1001</xref> at or through a motor vehicle auction:<subsection number="41-3-201(3)(c)(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;</subsection><subsection number="41-3-201(3)(c)(ii)">subject to the restrictions in Subsection <xref depth="4" refnumber="41-3-201(3)(d)" start="0">(3)(d)</xref>, to an in-state purchaser not licensed under this section that:<subsection number="41-3-201(3)(c)(ii)(A)">has a valid business license in Utah; and</subsection><subsection number="41-3-201(3)(c)(ii)(B)">has a Utah sales tax license; and</subsection></subsection><subsection number="41-3-201(3)(c)(iii)">to a crusher.</subsection></subsection><subsection number="41-3-201(3)(d)"><subsection number="41-3-201(3)(d)(i)">An operator of a motor vehicle auction shall verify that an in-state purchaser not licensed under this section has the licenses required in Subsection <xref depth="4" refnumber="41-3-201(3)(c)(ii)" start="0">(3)(c)(ii)</xref>.</subsection><subsection number="41-3-201(3)(d)(ii)">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 <xref depth="3" refnumber="41-1a-1001" start="0">41-1a-1001</xref> 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 <xref depth="4" refnumber="41-3-202(18)">41-3-202(18)</xref>.</subsection><subsection number="41-3-201(3)(d)(iii)">The five vehicle limitation under this Subsection <xref depth="4" refnumber="41-3-201(3)(d)" start="0">(3)(d)</xref> applies to each Utah sales tax license and not to each person with the authority to use a sales tax license.</subsection><subsection number="41-3-201(3)(d)(iv)">An operator of a motor vehicle auction may not sell a vehicle with a nonrepairable certificate as defined in Section <xref depth="3" refnumber="41-1a-1001" start="0">41-1a-1001</xref> to a purchaser otherwise allowed to purchase a vehicle under Subsection <xref depth="4" refnumber="41-3-201(3)(c)(ii)" start="0">(3)(c)(ii)</xref>.</subsection></subsection><subsection number="41-3-201(3)(e)">For a vehicle with a salvage certificate purchased under Subsection <xref depth="4" refnumber="41-3-201(3)(c)(ii)" start="0">(3)(c)(ii)</xref>, an operator of a motor vehicle auction shall:<subsection number="41-3-201(3)(e)(i)"><subsection number="41-3-201(3)(e)(i)(A)">until Subsection <xref depth="4" refnumber="41-3-201(3)(e)(i)(B)" start="0">(3)(e)(i)(B)</xref> applies, make application for a salvage certificate of title on behalf of the Utah purchaser within seven 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 <xref depth="3" refnumber="41-3-202" start="0">41-3-202</xref>; or</subsection><subsection number="41-3-201(3)(e)(i)(B)">beginning on or after the date that the Motor Vehicle Division has implemented the Motor Vehicle Division's GenTax system, make application electronically, in a form and time period approved by the Motor Vehicle Division, for a salvage certificate of title to be issued in the name of the purchaser;</subsection></subsection><subsection number="41-3-201(3)(e)(ii)">give to the purchaser a disclosure printed on a separate piece of paper that states:<eol/>    "THIS DISCLOSURE STATEMENT MUST BE GIVEN BY THE SELLER TO THE BUYER EVERY TIME THIS VEHICLE IS RESOLD WITH A SALVAGE CERTIFICATE<eol/>    Vehicle Identification Number (VIN)<eol/>    Year:        Make:        Model:<eol/>    SALVAGE VEHICLE--NOT FOR RESALE WITHOUT DISCLOSURE<eol/>    WARNING: THIS SALVAGE VEHICLE MAY NOT BE SAFE FOR OPERATION UNLESS PROPERLY REPAIRED.  SOME STATES MAY REQUIRE AN INSPECTION BEFORE THIS VEHICLE MAY BE REGISTERED.  THE STATE OF UTAH MAY REQUIRE THIS VEHICLE TO BE PERMANENTLY BRANDED AS A REBUILT SALVAGE VEHICLE.  OTHER STATES MAY ALSO PERMANENTLY BRAND THE CERTIFICATE OF TITLE.<eol/>    _________________________________________________________________<eol/>    Signature of Purchaser                            Date"; and</subsection><subsection number="41-3-201(3)(e)(iii)">if applicable, provide evidence to the Motor Vehicle Division of:<subsection number="41-3-201(3)(e)(iii)(A)">payment of sales taxes on taxable sales in accordance with Section <xref depth="3" refnumber="41-1a-510" start="0">41-1a-510</xref>;</subsection><subsection number="41-3-201(3)(e)(iii)(B)">the identification number inspection required under Section <xref depth="3" refnumber="41-1a-511" start="0">41-1a-511</xref>; and</subsection><subsection number="41-3-201(3)(e)(iii)(C)">the odometer disclosure statement required under Section <xref depth="3" refnumber="41-1a-902" start="0">41-1a-902</xref>.</subsection></subsection></subsection><subsection number="41-3-201(3)(f)">The Motor Vehicle Division shall include a link to the disclosure statement described in Subsection <xref depth="4" refnumber="41-3-201(3)(e)(ii)" start="0">(3)(e)(ii)</xref> on its website.</subsection><subsection number="41-3-201(3)(g)">The commission may impose an administrative entrance fee established in accordance with the procedures and requirements of Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref> not to exceed $10 on a person not holding a license described in Subsection <xref depth="4" refnumber="41-3-201(3)(e)(i)" start="0">(3)(e)(i)</xref> that enters the physical premises of a motor vehicle auction for the purpose of viewing available salvage vehicles prior to an auction.</subsection><subsection number="41-3-201(3)(h)">A vehicle sold at or through a motor vehicle auction to an out-of-state purchaser with a nonrepairable or salvage certificate may not be certificated in Utah until the vehicle has been certificated out-of-state.</subsection></subsection><subsection number="41-3-201(4)"><subsection number="41-3-201(4)(a)">An operator of a motor vehicle auction shall keep a record of the sale of each salvage vehicle.</subsection><subsection number="41-3-201(4)(b)">A record described under Subsection <xref depth="4" refnumber="41-3-201(4)(a)" start="0">(4)(a)</xref> shall contain:<subsection number="41-3-201(4)(b)(i)">the purchaser's name and address; and</subsection><subsection number="41-3-201(4)(b)(ii)">the year, make, and vehicle identification number for each salvage vehicle sold.</subsection></subsection><subsection number="41-3-201(4)(c)">An operator of a motor vehicle auction shall:<subsection number="41-3-201(4)(c)(i)">provide the record described in Subsection <xref depth="4" refnumber="41-3-201(4)(a)" start="0">(4)(a)</xref> electronically in a method approved by the division to the division within two business days of the completion of the motor vehicle auction;</subsection><subsection number="41-3-201(4)(c)(ii)">retain the record described in this Subsection <xref depth="4" refnumber="41-3-201(4)" start="0">(4)</xref> for five years from the date of sale; and</subsection><subsection number="41-3-201(4)(c)(iii)">make a record described in this Subsection <xref depth="4" refnumber="41-3-201(4)" start="0">(4)</xref> available for inspection by the division at the location of the motor vehicle auction during normal business hours.</subsection></subsection></subsection><subsection number="41-3-201(5)"><subsection number="41-3-201(5)(a)">An operator of a motor vehicle auction shall store a salvage vehicle sold at auction in a secure facility until the salvage vehicle is claimed as provided in this section.</subsection><subsection number="41-3-201(5)(b)">Beginning at the time of purchase and until the salvage vehicle is claimed, the motor vehicle auction operator may collect a daily storage fee for the secure storage of each salvage vehicle sold at auction.</subsection><subsection number="41-3-201(5)(c)">Except as provided in Subsection <xref depth="4" refnumber="41-3-201(5)(d)" start="0">(5)(d)</xref>, before releasing possession of a salvage vehicle purchased at a motor vehicle auction to a person not licensed under this part or certified as a tow truck operator under <xref depth="2" refnumber="72-9-6" start="0">Title 72, Chapter 9, Part 6, Tow Truck Provisions</xref>, and if the person claiming the vehicle is a person other than the purchaser of the vehicle, the motor vehicle auction operator shall create a record that shall contain:<subsection number="41-3-201(5)(c)(i)">the name and address, as verified by government issued identification, of the person claiming the vehicle;</subsection><subsection number="41-3-201(5)(c)(ii)">the year, make, and vehicle identification number of the claimed vehicle;</subsection><subsection number="41-3-201(5)(c)(iii)">a written statement from the person claiming the vehicle indicating the location where the salvage vehicle will be delivered; and</subsection><subsection number="41-3-201(5)(c)(iv)">verification that the claimant has authorization from the purchaser to claim the vehicle.</subsection></subsection><subsection number="41-3-201(5)(d)">If the salvage vehicle is claimed by a transporter or a tow truck operator, the transporter or the tow truck operator shall submit to the motor vehicle auction operator a written record on any release forms indicating the location where the salvage vehicle will be delivered if delivered within the state.</subsection><subsection number="41-3-201(5)(e)">An operator of a motor vehicle auction shall:<subsection number="41-3-201(5)(e)(i)">retain the record described in Subsection <xref depth="4" refnumber="41-3-201(5)(c)" start="0">(5)(c)</xref> for five years from the date of sale; and</subsection><subsection number="41-3-201(5)(e)(ii)">make the record available for inspection by the division at the location of the motor vehicle auction during normal business hours.</subsection></subsection></subsection><subsection number="41-3-201(6)"><subsection number="41-3-201(6)(a)">If applicable, an operator of a motor vehicle auction shall comply with the reporting requirements of the National Motor Vehicle Title Information System overseen by the United States Department of Justice if the person sells a vehicle with a salvage certificate to an in-state purchaser under Subsection <xref depth="4" refnumber="41-3-201(3)(c)(ii)" start="0">(3)(c)(ii)</xref>.</subsection><subsection number="41-3-201(6)(b)">The Motor Vehicle Division shall include a link to the National Motor Vehicle Title Information System on its website.</subsection></subsection><subsection number="41-3-201(7)"><subsection number="41-3-201(7)(a)">An operator of a motor vehicle auction that sells a salvage vehicle to a person that is an out-of-country buyer shall:<subsection number="41-3-201(7)(a)(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</subsection><subsection number="41-3-201(7)(a)(ii)">stamp in each unused reassignment space on the back of the title the words "FOR EXPORT ONLY."</subsection></subsection><subsection number="41-3-201(7)(b)">The words "FOR EXPORT ONLY" shall be:<subsection number="41-3-201(7)(b)(i)">at least two inches wide; and</subsection><subsection number="41-3-201(7)(b)(ii)">clearly legible.</subsection></subsection></subsection><subsection number="41-3-201(8)">A dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop shall obtain a supplemental license, in accordance with Section <xref depth="3" refnumber="41-3-201.7" start="0">41-3-201.7</xref> for each additional place of business maintained by the licensee.</subsection><subsection number="41-3-201(9)"><subsection number="41-3-201(9)(a)">A person who has been convicted of any law relating to motor vehicle commerce or motor vehicle fraud may not be issued a license or purchase a vehicle with a salvage or nonrepairable certificate unless full restitution regarding those convictions has been made.</subsection><subsection number="41-3-201(9)(b)">An operator of a motor vehicle auction, a dealer, or a consignor may not sell a vehicle with a nonrepairable or salvage certificate to a buyer described in Subsection <xref depth="4" refnumber="41-3-201(9)(a)" start="0">(9)(a)</xref> if the division has informed the operator of the motor vehicle auction, the dealer, or the consignor in writing that the buyer is prohibited from purchasing a vehicle with a nonrepairable or salvage certificate under Subsection <xref depth="4" refnumber="41-3-201(9)(a)" start="0">(9)(a)</xref>.</subsection></subsection><subsection number="41-3-201(10)"><subsection number="41-3-201(10)(a)">The division may not issue a license to a new applicant for a new or used motor vehicle dealer license, a direct-sale manufacturer 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.</subsection><subsection number="41-3-201(10)(b)">The approved costs of the orientation class shall be paid by the new applicant.</subsection><subsection number="41-3-201(10)(c)">The class shall be completed by the new applicant and the applicant's partners, corporate officers, bond indemnitors, and managers.</subsection><subsection number="41-3-201(10)(d)"><subsection number="41-3-201(10)(d)(i)">The division shall approve:<subsection number="41-3-201(10)(d)(i)(A)">providers of the orientation class; and</subsection><subsection number="41-3-201(10)(d)(i)(B)">costs of the orientation class.</subsection></subsection><subsection number="41-3-201(10)(d)(ii)">A provider of an orientation class shall submit the orientation class curriculum to the division for approval prior to teaching the orientation class.</subsection><subsection number="41-3-201(10)(d)(iii)">A provider of an orientation class shall include in the orientation materials:<subsection number="41-3-201(10)(d)(iii)(A)">ethics training;</subsection><subsection number="41-3-201(10)(d)(iii)(B)">motor vehicle title and registration processes;</subsection><subsection number="41-3-201(10)(d)(iii)(C)">Department of Insurance requirements relating to motor vehicles;</subsection><subsection number="41-3-201(10)(d)(iii)(D)">Department of Public Safety requirements relating to motor vehicles;</subsection><subsection number="41-3-201(10)(d)(iii)(E)">federal requirements related to motor vehicles as determined by the division; and</subsection><subsection number="41-3-201(10)(d)(iii)(F)">any required disclosure compliance forms as determined by the division.</subsection></subsection></subsection></subsection><subsection number="41-3-201(11)">A person or purchaser described in Subsection <xref depth="4" refnumber="41-3-201(3)(c)(ii)" start="0">(3)(c)(ii)</xref>:<subsection number="41-3-201(11)(a)">may not purchase more than five salvage vehicles with a nonrepairable or salvage certificate as defined in Section <xref depth="3" refnumber="41-1a-1001" start="0">41-1a-1001</xref> in any 12-month period;</subsection><subsection number="41-3-201(11)(b)">may not, without first complying with Section <xref depth="3" refnumber="41-1a-705" start="0">41-1a-705</xref>, offer for sale, sell, or exchange more than two vehicles with a salvage certificate as defined in Section <xref depth="3" refnumber="41-1a-1001" start="0">41-1a-1001</xref> in any 12-month period to a person not licensed under this section; and</subsection><subsection number="41-3-201(11)(c)">may not, without first complying with Section <xref depth="3" refnumber="41-1a-705" start="0">41-1a-705</xref>, offer for sale, sell, or exchange a vehicle with a nonrepairable certificate as defined in Section <xref depth="3" refnumber="41-1a-1001" start="0">41-1a-1001</xref> to a  person not licensed under this section.</subsection></subsection><subsection number="41-3-201(12)">An operator of a motor vehicle auction, a dealer, or a consignor may not sell a vehicle with a nonrepairable or salvage certificate to a buyer described in Subsection <xref depth="4" refnumber="41-3-201(11)(a)" start="0">(11)(a)</xref> if the division has informed the operator of the motor vehicle auction, the dealer, or the consignor in writing that the buyer is prohibited from purchasing a vehicle with a nonrepairable or salvage certificate under Subsection <xref depth="4" refnumber="41-3-201(11)(a)" start="0">(11)(a)</xref>.</subsection></section>