Utah Code 41-3-702. Civil penalty for violation
Current as of: 2024 | Check for updates
|
Other versions
(1) The following are civil violations under this chapter and are in addition to criminal violations under this chapter:
Terms Used In Utah Code 41-3-702
- Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
- Auction: means a dealer engaged in the business of auctioning motor vehicles, either owned or consigned, to the general public. See Utah Code 41-3-102
- Commission: means the State Tax Commission. See Utah Code 41-3-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
- Direct-sale manufacturer: means a person:(9)(a) that is both a manufacturer and a dealer;(9)(b) that is:(9)(b)(i) an electric vehicle manufacturer; or(9)(b)(ii) a low-volume manufacturer;(9)(c) that is not a franchise holder;(9)(d) that is domiciled in the United States; and(9)(e) whose chief officers direct, control, and coordinate the person's activities as a direct-sale manufacturer from a physical location in the United States. See Utah Code 41-3-102
- 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.
- Franchise: includes a contract or agreement described in Subsection (20)(a) regardless of whether the contract or agreement is subject to Title 13, Chapter 14, New Automobile Franchise Act, Title 13, Chapter 35, Powersport Vehicle Franchise Act, or neither. See Utah Code 41-3-102
- Motor vehicle: means a vehicle that is:
(26)(a)(i) self-propelled;(26)(a)(ii) a trailer;(26)(a)(iii) a travel trailer;(26)(a)(iv) a semitrailer;(26)(a)(v) an off-highway vehicle; or(26)(a)(vi) a small trailer. See Utah Code 41-3-102- New motor vehicle: means a motor vehicle that:
(28)(a) has never been titled or registered; and(28)(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 :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Principal place of business: means a site or location in this state:
(31)(a)(i) devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;(31)(a)(ii) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and(31)(a)(iii) that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102- Salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. See Utah Code 41-3-102
- Transporter: means a person engaged in the business of transporting motor vehicles as described in Section
41-3-202 . See Utah Code 41-3-102- Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
(1)(a) Level I:(1)(a)(i) failing to display business license;(1)(a)(ii) failing to surrender license of salesperson because of termination, suspension, or revocation;(1)(a)(iii) failing to maintain a separation from nonrelated motor vehicle businesses at licensed locations;(1)(a)(iv) issuing a temporary permit improperly;(1)(a)(v) failing to maintain records;(1)(a)(vi) selling a new motor vehicle to a nonfranchised dealer or leasing company without licensing the motor vehicle;(1)(a)(vii) special plate violation;(1)(a)(viii) failing to maintain a sign at a principal place of business; or(1)(a)(ix) failing to store a salvage vehicle purchased at a motor vehicle auction in a secure location until the purchaser or a transporter has provided the proper documentation to take possession of the salvage vehicle.(1)(b) Level II:(1)(b)(i) failing to report sale;(1)(b)(ii) dismantling without a permit;(1)(b)(iii) manufacturing without meeting construction or vehicle identification number standards;(1)(b)(iv) withholding customer license plates;(1)(b)(v) selling a motor vehicle on consecutive days of Saturday and Sunday; or(1)(b)(vi) failing to record and report the sale of a salvage vehicle at a motor vehicle auction as described in Section 41-3-201.(1)(c) Level III:(1)(c)(i) operating without a principal place of business;(1)(c)(ii) selling a new motor vehicle as a dealer who is not a direct-sale manufacturer without holding the franchise;(1)(c)(iii) crushing a motor vehicle without proper evidence of ownership;(1)(c)(iv) selling from an unlicensed location;(1)(c)(v) altering a temporary permit;(1)(c)(vi) refusal to furnish copies of records;(1)(c)(vii) assisting an unlicensed dealer or salesperson in sales of motor vehicles;(1)(c)(viii) advertising violation;(1)(c)(ix) failing to separately identify the fees required by Title 41, Chapter 1a, Motor Vehicle Act;(1)(c)(x) encouraging or conspiring with unlicensed persons to solicit for prospective purchasers;(1)(c)(xi) selling, offering for sale, or displaying for sale or exchange a vehicle, vessel, or outboard motor in violation of Section 41-1a-705; or(1)(c)(xii) a violation of Subsection 41-3-211(1)(d).(2)(2)(a) The schedule of civil penalties for violations of Subsection (1) is:(2)(a)(i) Level I: $25 for the first offense, $100 for the second offense, and $250 for the third and subsequent offenses;(2)(a)(ii) Level II: $100 for the first offense, $250 for the second offense, and $1,000 for the third and subsequent offenses; and(2)(a)(iii) Level III: $250 for the first offense, $1,000 for the second offense, and $5,000 for the third and subsequent offenses.(2)(b) When determining under this section if an offense is a second or subsequent offense, only prior offenses committed within the 12 months before the commission of the current offense may be considered.(3) Knowingly selling a salvage vehicle, as defined in Section 41-1a-1001, without disclosing that the salvage vehicle has been repaired or rebuilt is a civil violation in addition to a criminal violation under Section 41-1a-1008.(4) The civil penalty for a violation under Subsection (3) is:(4)(a) not less than $1,000, or treble the actual damages caused by the person, whichever is greater; and(4)(b) reasonable attorney fees and costs of the action.(5) A civil action may be maintained by a purchaser or by the administrator.