Superseded 1/1/2024)

Superseded 1/1/2024
41-1a-202.  Definitions — Vehicles exempt from registration — Registration of vehicles after establishing residency.

(1)  In this section:

Terms Used In Utah Code 41-1a-202

  • Automated driving system: means the same as that term is defined in Section 41-26-102. See Utah Code 41-1a-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
  • Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
  • Gross laden weight: means the actual weight of a vehicle or combination of vehicles, equipped for operation, to which shall be added the maximum load to be carried. See Utah Code 41-1a-102
  • Highway: includes :Utah Code 68-3-12.5
  • Implement of husbandry: means a vehicle designed or adapted and used exclusively for an agricultural operation and only incidentally operated or moved upon the highways. See Utah Code 41-1a-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102
  • Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
  • Nonresident: means a person who is not a resident of this state as defined by Section 41-1a-202, and who does not engage in intrastate business within this state and does not operate in that business any motor vehicle, trailer, or semitrailer within this state. See Utah Code 41-1a-102
  • Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102
  • Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
  • Restored-modified vehicle: means a motor vehicle that has been restored and modified with modern parts and technology, including emission control technology and an on-board diagnostic system. See Utah Code 41-1a-102
  • Semitrailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle. See Utah Code 41-1a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • street: means the entire width between property lines of every way or place of whatever nature when any part of it is open to the public, as a matter of right, for purposes of vehicular traffic. See Utah Code 41-1a-102
  • Trailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-1a-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
  • Vintage vehicle: means the same as that term is defined in Section 41-21-1. See Utah Code 41-1a-102
(a)  “Domicile” means the place:

(i)  where an individual has a fixed permanent home and principal establishment;

(ii)  to which the individual if absent, intends to return; and

(iii)  in which the individual and his family voluntarily reside, not for a special or temporary purpose, but with the intention of making a permanent home.

(b) 

(i)  “Resident” means any of the following:

(A)  an individual who:

(I)  has established a domicile in this state;

(II)  regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year;

(III)  engages in a trade, profession, or occupation in this state or who accepts employment in other than seasonal work in this state and who does not commute into the state;

(IV)  declares himself to be a resident of this state for the purpose of obtaining a driver license or motor vehicle registration; or

(V)  declares himself a resident of Utah to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees; or

(B)  any individual, partnership, limited liability company, firm, corporation, association, or other entity that:

(I)  maintains a main office, branch office, or warehouse facility in this state and that bases and operates a motor vehicle in this state; or

(II)  operates a motor vehicle in intrastate transportation for other than seasonal work.

(ii)  “Resident” does not include any of the following:

(A)  a member of the military temporarily stationed in Utah;

(B)  an out-of-state student, as classified by the institution of higher education, enrolled with the equivalent of seven or more quarter hours, regardless of whether the student engages in a trade, profession, or occupation in this state or accepts employment in this state; and

(C)  an individual domiciled in another state or a foreign country that:

(I)  is engaged in public, charitable, educational, or religious services for a government agency or an organization that qualifies for tax-exempt status under Internal Revenue Code Section 501(c)(3);

(II)  is not compensated for services rendered other than expense reimbursements; and

(III)  is temporarily in Utah for a period not to exceed 24 months.

(iii)  Notwithstanding Subsections (1)(b)(i) and (ii), “resident” includes the owner of a vehicle equipped with an automated driving system as defined in Section 41-26-102.1 if the vehicle is physically present in the state for more than 30 consecutive days in a calendar year.

(2) 

(a)  Registration under this chapter is not required for any:

(i)  vehicle registered in another state and owned by a nonresident of the state or operating under a temporary registration permit issued by the division or a dealer authorized by this chapter, driven or moved upon a highway in conformance with the provisions of this chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;

(ii)  vehicle driven or moved upon a highway only for the purpose of crossing the highway from one property to another;

(iii)  implement of husbandry, whether of a type otherwise subject to registration or not, that is only incidentally operated or moved upon a highway;

(iv)  special mobile equipment;

(v)  vehicle owned or leased by the federal government;

(vi)  motor vehicle not designed, used, or maintained for the transportation of passengers for hire or for the transportation of property if the motor vehicle is registered in another state and is owned and operated by a nonresident of this state;

(vii)  vehicle or combination of vehicles designed, used, or maintained for the transportation of persons for hire or for the transportation of property if the vehicle or combination of vehicles is registered in another state and is owned and operated by a nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight of 26,000 pounds or less;

(viii)  trailer of 750 pounds or less unladen weight and not designed, used, and maintained for hire for the transportation of property or person;

(ix)  manufactured home or mobile home;

(x)  off-highway vehicle currently registered under Section 41-22-3 if the off-highway vehicle is:

(A)  being towed;

(B)  operated on a street or highway designated as open to off-highway vehicle use; or

(C)  operated in the manner prescribed in Subsections 41-22-10.3(1) through (3);

(xi)  off-highway implement of husbandry operated in the manner prescribed in Subsections 41-22-5.5(3) through (5);

(xii)  modular and prebuilt homes conforming to the uniform building code and presently regulated by the United States Department of Housing and Urban Development that are not constructed on a permanent chassis;

(xiii)  electric assisted bicycle defined under Section 41-6a-102;

(xiv)  motor assisted scooter defined under Section 41-6a-102; or

(xv)  electric personal assistive mobility device defined under Section 41-6a-102.

(b)  For purposes of an implement of husbandry as described in Subsection (2)(a)(iii), incidental operation on a highway includes operation that is:

(i)  transportation of raw agricultural materials or other agricultural related operations; and

(ii)  limited to 100 miles round trip on a highway.

(3)  Unless otherwise exempted under Subsection (2), registration under this chapter is required for any motor vehicle, combination of vehicles, trailer, semitrailer, vintage vehicle, or restored-modified vehicle within 60 days of the owner establishing residency in this state.

(4)  A motor vehicle that is registered under Section 41-3-306 is exempt from the registration requirements of this part for the time period that the registration under Section 41-3-306 is valid.

(5)  A vehicle that has been issued a nonrepairable certificate may not be registered under this chapter.

Amended by Chapter 532, 2023 General Session

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