S.B. 99

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MOTOR VEHICLE - CONSUMER PROTECTION
2 AMENDMENTS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Buhler
6 AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN DEFINITIONS OF
7 MOTOR VEHICLES TO INCLUDE MOTOR HOMES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 13-20-2, as last amended by Chapter 4, Laws of Utah 1993
11 41-3-407, as enacted by Chapter 163, Laws of Utah 1993
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 13-20-2 is amended to read:
14 13-20-2. Definitions.
15 As used in this chapter:
16 (1) "Consumer" means an individual who has entered into an agreement or contract for the
17 transfer, lease, or purchase of a new motor vehicle other than for purposes of resale, or sublease,
18 during the duration of the period defined under Section 13-20-5.
19 (2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named
20 as the warrantor on an express written warranty on a motor vehicle.
21 (3) (a) "Motor vehicle" includes:
22 (i) a motor home, as defined in Section 41-20-1, but only the self-propelled vehicle and
23 chassis sold in this state; and
24 (ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state.
25 (b) "Motor vehicle" does not include:
26 (i) those portions of a motor home designated, used, or maintained primarily as a mobile
27 dwelling, office, or commercial space;

1 (ii) farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-102;
2 (iii) mobile home as defined in Section 41-1a-102; or
3 (iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a motor
4 home as defined under Subsection (3)(a)(i).
5 Section 2. Section 41-3-407 is amended to read:
6 41-3-407. Definitions.
7 As used in Sections 41-3-406 through 41-3-414:
8 (1) "Buyback vehicle" means a motor vehicle with an alleged nonconformity that has been
9 replaced or repurchased by a manufacturer as the result of a court judgment, arbitration, or any
10 voluntary agreement entered into between the manufacturer or its agent and a consumer.
11 (2) "Consumer" means an individual who has entered into an agreement or contract for the
12 transfer, lease, or purchase of a new motor vehicle other than for the purposes of resale, or
13 sublease, during the duration of the period defined under Section 13-20-5.
14 (3) "Manufacturer" means any manufacturer, importer, distributor, or anyone who is
15 named as the warrantor on an express written warranty on a motor vehicle.
16 (4) (a) "Motor vehicle" includes:
17 (i) a motor home, as defined in Section 41-20-1, but only the self-propelled vehicle and
18 chassis; and
19 (ii) a motor vehicle, as defined in Section 41-1a-102.
20 (b) "Motor vehicle" does not include:
21 (i) those portions of a motor home designated, used, or maintained primarily as a mobile
22 dwelling, office, or commercial space;
23 (ii) farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-102;
24 (iii) mobile home as defined in Section 41-1a-102; or
25 (iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a motor
26 home as defined under Subsection (4)(a)(i).
27 (5) "Nonconforming vehicle" means a buyback vehicle that has been investigated and
28 evaluated pursuant to Title 13, Chapter 20, New Motor Vehicles Warranties Act, or a similar law
29 of another state or federal government.
30 (6) (a) "Nonconformity" means a defect, malfunction, or condition that fails to conform
31 to the express warranty, or substantially impairs the use, safety, or value of a motor vehicle.

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1 (b) "Nonconformity" does not include a defect, malfunction, or condition that results from
2 an accident, abuse, neglect, modification, or alteration of a motor vehicle by a person other than
3 the manufacturer, its authorized agent, or a dealer.
4 (7) "Seller" means any person selling, auctioning, leasing, or exchanging a motor vehicle.
5 (8) "Violation" means each failure to comply with the obligations imposed by Sections
6 41-3-406 through 41-3-413. In the case of multiple failures to comply resulting from a single
7 transaction, each failure to comply is a separate violation.




Legislative Review Note
as of 12-18-97 9:26 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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