S.B. 99 Enrolled

MOTOR VEHICLE - CONSUMER PROTECTION
AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Buhler
AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN DEFINITIONS OF
MOTOR VEHICLES TO INCLUDE MOTOR HOMES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
13-20-2, as last amended by Chapter 4, Laws of Utah 1993
41-3-407, as enacted by Chapter 163, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 13-20-2 is amended to read:
13-20-2. Definitions.
As used in this chapter:
(1) "Consumer" means an individual who has entered into an agreement or contract for the
transfer, lease, or purchase of a new motor vehicle other than for purposes of resale, or sublease,
during the duration of the period defined under Section 13-20-5.
(2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named
as the warrantor on an express written warranty on a motor vehicle.
(3) (a) "Motor vehicle" includes:
(i) a motor home, as defined in Section 41-20-1, but only the self-propelled vehicle and
chassis sold in this state; and
(ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state.
(b) "Motor vehicle" does not include:
(i) those portions of a motor home designated, used, or maintained primarily as a mobile
dwelling, office, or commercial space;
(ii) farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-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 motor
home as defined under Subsection (3)(a)(i).
Section 2. Section 41-3-407 is amended to read:
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 has been
replaced or repurchased by a manufacturer as the result of a court judgment, arbitration, or any
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 for the
transfer, lease, or purchase of a new motor vehicle other than for the purposes of resale, or sublease,
during the duration of the period defined under Section 13-20-5.
(3) "Manufacturer" means any manufacturer, importer, distributor, or anyone who is named
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 41-20-1, but only the self-propelled vehicle and
chassis; 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 mobile
dwelling, office, or commercial space;
(ii) farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-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 motor
home as defined under Subsection (4)(a)(i).
(5) "Nonconforming vehicle" means a buyback vehicle that has been investigated and
evaluated pursuant to Title 13, Chapter 20, New Motor Vehicles Warranties Act, or a similar law
of another state or federal government.
(6) (a) "Nonconformity" means a defect, malfunction, or condition that fails to conform to

- 2 -

the 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 from
an accident, abuse, neglect, modification, or alteration of a motor vehicle by a person other than the
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 Sections
41-3-406 through 41-3-413. In the case of multiple failures to comply resulting from a single
transaction, each failure to comply is a separate violation.

- 3 -