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H.B. 359
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8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicle Business Regulation Act by amending temporary
11 permit provisions.
12 Highlighted Provisions:
13 This bill:
14 . requires a licensed dealer, upon the sale and delivery of a motor vehicle for which a
15 temporary permit is issued, to give within ten days, rather than 45 days, written
16 notice of the sale to the Motor Vehicle Division.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-3-301, as last amended by Laws of Utah 2008, Chapter 382
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-3-301 is amended to read:
27 41-3-301. Sale by dealer, sale by auction -- Temporary permit -- Delivery of
28 certificate of title or origin -- Notice to division.
29 (1) (a) Each dealer licensed under Part 2, Licensing, upon the sale and delivery of any
30 motor vehicle for which a temporary permit is issued under Section 41-3-302 shall within 45
31 days submit a certificate of title or manufacturer's certificate of origin for that motor vehicle,
32 endorsed according to law, to the Motor Vehicle Division, accompanied by all documents
33 required to obtain a new certificate of title and registration in the new owner's name.
34 (b) If a temporary permit is not issued, the certificate of title or manufacturer's
35 certificate of origin shall be delivered to the vendee, endorsed according to law, within 48
36 hours, unless the vendee is a dealer or dismantler in which case the title or manufacturer's
37 certificate of origin shall be delivered within 21 days.
38 (c) (i) A motor vehicle consigned to an auction and sold is considered sold by the
39 consignor to the auction and then sold by the auction to the consignee.
40 (ii) Both the consignor and auction are subject to this section.
41 (d) (i) (A) A motor vehicle consigned to a wholesale motor vehicle auction and sold to
42 a licensed dealer or dismantler is considered sold by the consignor to the licensed dealer or
43 dismantler.
44 (B) Both the consignor and the wholesale motor vehicle auction are subject to the title
45 delivery requirements of Subsection (1)(b).
46 (C) The consignor, or the wholesale motor vehicle auction as the consignor's agent,
47 shall endorse the certificate of title according to law. By endorsing the certificate of title as
48 agent of the consignor, the wholesale motor vehicle auction does not become the owner, seller,
49 or assignor of title.
50 (ii) (A) A wholesale motor vehicle auction may purchase or sell motor vehicles in its
51 own name.
52 (B) If a wholesale motor vehicle auction purchases or sells a motor vehicle in its own
53 name, the wholesale motor vehicle auction is subject to Subsections (1)(a) and (1)(b).
54 (2) (a) (i) Each dealer licensed under Part 2, Licensing, upon the sale and delivery of a
55 motor vehicle for which a temporary permit is issued under Section 41-3-302 , shall within [
56 ten days give written notice of the sale to the Motor Vehicle Division upon a form provided by
57 the Motor Vehicle Division.
58 (ii) The notice shall contain:
59 (A) the date of the sale;
60 (B) the names and addresses of the dealer and the purchaser;
61 (C) a description of the motor vehicle;
62 (D) the motor vehicle's odometer reading at the time of the sale; and
63 (E) other information required by the division.
64 (b) If no temporary permit is issued, the notice shall be filed with the division within
65 45 days after the sale, and a duplicate copy shall be given to the purchaser at the time of sale,
66 unless the purchaser is a dealer or dismantler.
67 (c) The administrator may make rules in accordance with Title 63G, Chapter 3, Utah
68 Administrative Rulemaking Act, providing that the notice required under Subsections (2)(a)
69 and (2)(b) may be filed in electronic form or on magnetic media.
Legislative Review Note
as of 2-24-09 3:49 PM