S.B. 143

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RECREATIONAL VEHICLE STANDARDS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: George Mantes
5 AN ACT RELATING TO MOTOR VEHICLES; REPEALING CERTAIN CONSTRUCTION
6 STANDARDS FOR RECREATIONAL VEHICLES, DEALER LICENSING,
7 ENFORCEMENT BY THE DEPARTMENT OF COMMERCE, AND ASSOCIATED
8 PENALTIES; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 13-14-102, as last amended by Chapter 162, Laws of Utah 1997
12 13-20-2, as last amended by Chapter 4, Laws of Utah 1993
13 41-3-407, as enacted by Chapter 163, Laws of Utah 1993
14 REPEALS:
15 41-20-1, as last amended by Chapter 293, Laws of Utah 1990
16 41-20-2, as last amended by Chapter 293, Laws of Utah 1990
17 41-20-3, as last amended by Chapter 293, Laws of Utah 1990
18 41-20-4, as last amended by Chapter 313, Laws of Utah 1994
19 41-20-5, as last amended by Chapter 241, Laws of Utah 1991
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 13-14-102 is amended to read:
22 13-14-102. Definitions.
23 As used in this chapter:
24 (1) "Board" means the Utah Motor Vehicle Franchise Advisory Board created in Section
25 13-14-103.
26 (2) "Dealership" means a site or location in this state:
27 (a) at which a franchisee conducts the business of a new motor vehicle dealer; and

1 (b) that is identified as a new motor vehicle dealer's principal place of business for
2 licensing purposes under Section 41-3-204.
3 (3) "Department" means the Department of Commerce.
4 (4) "Executive director" means the executive director of the Department of Commerce.
5 (5) "Franchise" or "franchise agreement" means a written agreement, for a definite or
6 indefinite period, in which:
7 (a) a person grants to another person a license to use a trade name, trademark, service
8 mark, or related characteristic; and
9 (b) a community of interest exists in the marketing of new motor vehicles, new motor
10 vehicle parts, and services related to the sale or lease of new motor vehicles at wholesale or retail.
11 (6) "Franchisee" means a person to whom a new motor vehicle dealer franchise is issued.
12 (7) "Franchisor" means a person who grants a new motor vehicle franchise to another
13 person, and includes:
14 (a) the manufacturer or distributor that has issued the franchise;
15 (b) an intermediate distributor; and
16 (c) an agent, officer, or field or area representative of the franchisor.
17 (8) "Line-make" means the motor vehicles that are offered for sale, lease, or distribution
18 under a common name, trademark, service mark, or brand name of the franchisor, or manufacturer
19 of the motor vehicle.
20 (9) "Motor vehicle" means:
21 (a) a travel trailer as defined in Section 41-1a-102;
22 (b) a motor vehicle as defined in Section 41-3-102;
23 (c) a semitrailer as defined in Section 41-1a-102; and
24 (d) a trailer as defined in Section 41-1a-102.
25 (10) "New motor vehicle" has the same meaning as defined in Section 41-3-102.
26 (11) "New motor vehicle dealer" is a person who is licensed under Subsection
27 41-3-202(1)(a).
28 (12) "Recreational vehicle" [has the same meaning as defined in Section 41-20-1
29 excluding the term "truck camper."] means a vehicular unit, other than a mobile home, primarily
30 designed as a temporary dwelling for travel, recreational, and vacation use, which is either
31 self-propelled or is mounted on or pulled by another vehicle. "Recreational vehicle" includes a

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1 camping trailer, travel trailer, truck camper, a motor home, a fifth wheel trailer, and a van.
2 (13) (a) "Relevant market area," except for recreational vehicles, means:
3 (i) the county in which a dealership is to be established or relocated; and
4 (ii) the area within a ten aeronautical miles radius from the site of the new or relocated
5 dealership.
6 (b) "Relevant market area," for the sale of recreational vehicles, means:
7 (i) the county in which the dealership is to be established or relocated; and
8 (ii) the area within a 35 aeronautical miles radius of the new or relocated dealership.
9 (14) "Sale, transfer, or assignment" means any disposition of a franchise or an interest in
10 a franchise, with or without consideration, including a bequest, inheritance, gift, exchange, lease,
11 or license.
12 Section 2. Section 13-20-2 is amended to read:
13 13-20-2. Definitions.
14 As used in this chapter:
15 (1) "Consumer" means an individual who has entered into an agreement or contract for the
16 transfer, lease, or purchase of a new motor vehicle other than for purposes of resale, or sublease,
17 during the duration of the period defined under Section 13-20-5.
18 (2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named
19 as the warrantor on an express written warranty on a motor vehicle.
20 (3) "Motor home" means a self-propelled vehicular unit, primarily designed as a temporary
21 dwelling for travel, recreational, and vacation use.
22 [(3)] (4) (a) "Motor vehicle" includes:
23 (i) a motor home, as defined in this section [41-20-1], but only the self-propelled vehicle
24 and chassis sold in this state; and
25 (ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state.
26 (b) "Motor vehicle" does not include:
27 (i) those portions of a motor home designated, used, or maintained primarily as a mobile
28 dwelling, office, or commercial space;
29 (ii) farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-102;
30 (iii) mobile home as defined in Section 41-1a-102; or
31 (iv) any motor vehicle with a gross laden weight of over 12,000 pounds.

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

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1 41-3-406 through 41-3-413. In the case of multiple failures to comply resulting from a single
2 transaction, each failure to comply is a separate violation.
3 Section 4. Repealer.
4 This act repeals:
5 Section 41-20-1, Definitions.
6 Section 41-20-2, Department of Commerce to enforce chapter -- Powers.
7 Section 41-20-3, Department of Commerce to enforce chapter -- Powers.
8 Section 41-20-4, Department of Commerce to enforce chapter -- Powers.
9 Section 41-20-5, Department of Commerce to enforce chapter -- Powers.




Legislative Review Note
as of 1-15-98 12:06 PM

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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