Utah Code 41-3-407. Definitions

As used in Sections 41-3-406 through 41-3-414:

(1)	“Buyback vehicle” means a motor vehicle with an alleged nonconformity that has been replaced or repurchased by a manufacturer as the result of a court judgment, arbitration, or any voluntary agreement entered into between the manufacturer or its agent and a consumer.

Agent: means a person other than a holder of any dealer's or salesperson's license issued under this chapter, who for salary, commission, or compensation of any kind, negotiates in any way for the sale, purchase, order, or exchange of three or more motor vehicles for any other person in any 12-month period. See Utah Code 41-3-102
Contract: A legal written agreement that becomes binding when signed.
Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
Motor vehicle: means a vehicle that is:

(i)	self-propelled;

(ii)	a trailer;

(iii)

a travel trailer;

(iv)	a semitrailer;

(v)	an off-highway vehicle; or

(vi)

a small trailer. See Utah Code 41-3-102

Motorcycle: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102

New motor vehicle: means a motor vehicle that:

(a)	has never been titled or registered; and

(b)	for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 41-3-102 Person: means :Utah Code 68-3-12.5 Road: includes :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
(2)	“Consumer” means an individual who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle other than for the purposes of resale, or sublease, during the duration of the period defined under Section 13-20-5.

(3)	“Manufacturer” means any manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle.

(4)

(a)

“Motor vehicle” includes:

(i)	a motor home, as defined in Section 13-20-2, but only the self-propelled vehicle and chassis; and

(ii)	a motor vehicle, as defined in Section 41-1a-102.

(b)

“Motor vehicle” does not include:

(i)	those portions of a motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space;

(ii)	farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-102;

(iii)

mobile home as defined in Section 41-1a-102; or

(iv)	any motor vehicle with a gross laden weight of over 12,000 pounds, except a motor home as defined under Subsection (4)(a)(i).

(5)	“Nonconforming vehicle” means a buyback vehicle that has been investigated and evaluated pursuant to Title 13, Chapter 20, New Motor Vehicle Warranties Act, or a similar law of another state or federal government.

(6)

(a)	“Nonconformity” means a defect, malfunction, or condition that fails to conform to the express warranty, or substantially impairs the use, safety, or value of a motor vehicle.

(b)	“Nonconformity” does not include a defect, malfunction, or condition that results from an accident, abuse, neglect, modification, or alteration of a motor vehicle by a person other than the manufacturer, its authorized agent, or a dealer.

(7)	“Seller” means any person selling, auctioning, leasing, or exchanging a motor vehicle.

(8)	“Violation” means each failure to comply with the obligations imposed by Sections 41-3-406 through 41-3-413. In the case of multiple failures to comply resulting from a single transaction, each failure to comply is a separate violation.

Amended by Chapter 222, 1998 General Session
Amended by Chapter 339, 1998 General Session