| (1) |
A person may not knowingly sell or offer for sale in this state any vehicle that was initially delivered for disposition or sale in a country other than the United States of America unless, prior to the sale, the person provides written notice to the purchaser on a separate form furnished by the Motor Vehicle Enforcement Division:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 41-1a-712- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
- Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
- Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
- Person: means :Utah Code 68-3-12.5
- 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
- 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
| (a) |
that indicates:
| (i) |
that the vehicle was initially delivered for disposition or sale in a country outside of the United States as indicated on the Manufacturer‘s Statement of Origin or similar ownership document; and |
| (ii) |
the country where the vehicle was initially delivered for the disposition or sale; and |
|
| (b) |
that contains language substantially similar to each of the following statements:
| (i) |
“the odometer for this vehicle may have been converted to miles”; |
| (ii) |
“this vehicle meets U.S. Department of Transportation safety standards”; and |
| (iii) |
“this vehicle may have manufacturer warranty exclusions if sold or offered for sale in this country.” |
|
|
| (2) |
A person who violates this section is guilty of a class B misdemeanor. |
| (3) |
| (a) |
In addition to any other penalties, a purchaser may bring a civil action to recover damages resulting from a seller’s failure to provide notice as required under this section. |
| (b) |
The amount of damages that may be recovered in a civil action are the actual damages or $1,500, whichever is greater. |
|
Amended by Chapter 305, 2008 General Session
Amended by Chapter 382, 2008 General Session
