(1) 

Terms Used In Utah Code 13-35-205

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-35-102
  • Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor, and includes:
(i) the manufacturer or distributor of the new powersport vehicles;
(ii) an intermediate distributor;
(iii) an agent, officer, or field or area representative of the franchisor; and
(iv) a person who is affiliated with a manufacturer or a representative or who directly or indirectly through an intermediary is controlled by, or is under common control with the manufacturer. See Utah Code 13-35-102
  • Powersport vehicle: means :
    (i) an all-terrain type I, type II, or type III vehicle "ATV" defined in Section 41-22-2;
    (ii) a snowmobile as defined in Section 41-22-2;
    (iii) a motorcycle as defined in Section 41-1a-102;
    (iv) a personal watercraft as defined in Section 73-18-2;
    (v) except as provided in Subsection (12)(b), a motor-driven cycle as defined in Section 41-6a-102; or
    (vi) a moped as defined in Section 41-6a-102. See Utah Code 13-35-102
    (a)  A franchisee is solely liable for damage to a new powersport vehicle after delivery by and acceptance from the carrier.

    (b)  A delivery receipt or bill of lading, or similar document, signed by a franchisee is evidence of a franchisee’s acceptance of a new powersport vehicle.

    • (2)  A franchisor is liable for all damage to a powersport vehicle before delivery to and acceptance by the franchisee, including that time in which the vehicle is in the control of a carrier or transporter.

    (3)  A franchisor shall disclose to the franchisee any repairs made prior to delivery, only if the cost of the repair exceeds 3% of the manufacturer’s wholesale price, as measured by retail repair costs.

    (4)  Notwithstanding Subsections (1), (2), and (3), the franchisee is liable for damage to a new powersport vehicle after delivery to the carrier or transporter if the franchisee selected:

    (a)  the method and mode of transportation; and

    (b)  the carrier or transporter.

    Enacted by Chapter 234, 2002 General Session

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