H.B. 113 Enrolled

1

SALVAGE VEHICLE TITLE AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Todd E. Kiser
5 Senate Sponsor: D. Chris Buttars
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicle Act by amending provisions relating to salvage
10 vehicle title provisions.
11 Highlighted Provisions:
12 This bill:
13 . provides that a seller of a salvage vehicle is not required to provide written
14 notification that a salvage certificate or branded title has been issued for the vehicle
15 if the prospective purchaser is:
16 . a licensed motor vehicle dealer whose primary business is auctioning salvage
17 motor vehicles to licensed salvage vehicle buyers; or
18 . an insurance company, if the sale of the vehicle is the result of a total loss
19 settlement;
20 . provides that an advertisement for the sale of a vehicle for which a salvage
21 certificate or branded title has been issued shall disclose that a salvage certificate or
22 branded title has been issued for the vehicle; and
23 . makes technical changes.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:

30 41-1a-1004, as last amended by Laws of Utah 1992, Chapter 239 and renumbered and
31 amended by Laws of Utah 1992, Chapter 1
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 41-1a-1004 is amended to read:
35 41-1a-1004. Certificate of title -- Salvage vehicles.
36 (1) If the division is able to ascertain the fact, at the time application is made for initial
37 registration or transfer of ownership of a salvage vehicle, the title shall be branded:
38 (a) rebuilt and restored to operation;
39 (b) in a flood and restored to operation; or
40 (c) not restored to operation.
41 (2) (a) [Before] Except as provided in Subsection (2)(b), before the sale of a vehicle
42 for which a salvage certificate or branded title has been issued, the seller shall provide the
43 prospective purchaser with written notification that a salvage certificate or a branded title has
44 been issued for the vehicle.
45 (b) The requirement to provide written notification under Subsection (2)(a) does not
46 apply if the prospective purchaser is:
47 (i) a licensed motor vehicle dealer whose primary business is auctioning salvage motor
48 vehicles to licensed salvage vehicle buyers; or
49 (ii) an insurance company, if the sale of the vehicle is the result of a total loss
50 settlement.
51 (3) (a) An advertisement for the sale of a vehicle for which a salvage certificate or
52 branded title has been issued shall disclose that a salvage certificate or branded title has been
53 issued for the vehicle.
54 (b) The advertisement disclosure under Subsection (3)(a) shall:
55 (i) be displayed at least as prominently as the description of the advertised vehicle is
56 displayed; and
57 (ii) use the words "salvage certificate" or "branded title" in the advertisement.

58