Terms Used In Utah Code > Title 17D > Chapter 1 > Part 3 - Administrative Control Board

• Actual weight: means the actual unladen weight of a vehicle or combination of vehicles as operated and certified to by a weighmaster. See Utah Code 41-1a-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Anonymized: means that the identifying information connected to an electronic device has been rendered anonymous in a manner such that the subject, including an individual, household, device, or Internet protocol address, is not identifiable to a law enforcement agency. See Utah Code 77-23f-101
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appearance: means any opportunity to address the board, a board member, a panel, or hearing officer, including an interview. See Utah Code 77-27-1
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Autocycle: means the same as that term is defined in Section 53-3-102. See Utah Code 41-1a-102
• Automated driving system: means the same as that term is defined in Section 41-26-102. See Utah Code 41-1a-102
• Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-11-1
• Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
• Camper: means a structure designed, used, and maintained primarily to be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for camping. See Utah Code 41-1a-102
• Carbon dioxide: means carbon dioxide (CO2) that has been captured from an emission source or direct air capture, plus incidental associated substances derived from the source materials and the capture process, and any substances added to the carbon dioxide to enable or improve the injection process. See Utah Code 40-11-1
• Case action plan: includes the criminal risk factors as determined by a risk and needs assessment conducted by the department. See Utah Code 77-27-1
• Cell site: means transmission or reception equipment, including a base-station antenna, that connects an electronic device to a network. See Utah Code 77-23f-101
• Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• Commercial vehicle: means a motor vehicle, trailer, or semitrailer used or maintained for the transportation of persons or property that operates:

  (a)	as a carrier for hire, compensation, or profit; or

  (b)

  as a carrier to transport the vehicle owner's goods or property in furtherance of the owner's commercial enterprise. See Utah Code 41-1a-102 Commission: means the State Tax Commission. See Utah Code 41-1a-102 Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-27-1 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. 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. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1 Criminal risk factors: means a person's characteristics and behaviors that: (a)  affect that person's risk of engaging in criminal behavior; and (b)  are diminished when addressed by effective treatment, supervision, and other support resources resulting in reduced risk of criminal behavior. See Utah Code 77-27-1 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 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Deliberative process: includes the votes, mental processes, written notes, and recommendations of individual board members and staff. See Utah Code 77-27-1 Department: means the Department of Public Safety, created in Section 53-1-103. See Utah Code 77-23e-102 Department: means the Department of Corrections. See Utah Code 77-27-1 Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102 Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-11-1 Dynamic driving task: means the same as that term is defined in Section 41-26-102. See Utah Code 41-1a-102 Electric motor vehicle: means a motor vehicle that is powered solely by an electric motor drawing current from a rechargeable energy storage system. See Utah Code 41-1a-102 Electronic device: means a device that enables access to or use of a location information service or can otherwise create or provide location information. See Utah Code 77-23f-101 Essential parts: means the integral and body parts of a vehicle of a type required to be registered in this state, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type, or mode of operation. See Utah Code 41-1a-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. Expiration: means when the maximum sentence has run. See Utah Code 77-27-1 Facial biometric data: means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image. See Utah Code 77-23e-102 Facial recognition comparison: means the process of comparing an image or facial biometric data to an image database. See Utah Code 77-23e-102 Facial recognition system: means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare biometric data of the face of the unknown individual to facial biometric data of known individuals. See Utah Code 77-23e-102 facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special service district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17D-1-102 Family: means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian. See Utah Code 77-27-1 fifth wheel trailer: means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. See Utah Code 41-1a-102 Fleet: means one or more commercial vehicles. See Utah Code 41-1a-102 Fraud: Intentional deception resulting in injury to another. full hearing: means an appearance before the board, a panel, a board member or hearing examiner, at which an offender or inmate is afforded an opportunity to be present and address the board. See Utah Code 77-27-1 Geofence: means a specified geographic area defined by a virtual perimeter or geographic coordinates. See Utah Code 77-23f-101 Geologic carbon storage: means the permanent or short-term underground storage of carbon dioxide in a storage reservoir. See Utah Code 40-11-1 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Government entity: means the state, a county, a municipality, a higher education institution, a special district, a special service district, or any other political subdivision of the state or an administrative subunit of any political subdivision, including a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Utah Code 77-23d-102 Government entity: includes : (i)  every office, agency, board, bureau, committee, department, advisory board, or commission of an entity described in Subsection (5)(a) that is funded or established by the government to carry out the public's business; or (ii)  an individual acting as an agent of a government entity or acting on behalf of an entity described in this Subsection (5). See Utah Code 77-23e-102 Highway: includes :Utah Code 68-3-12.5 Hybrid electric motor vehicle: means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both: (a)  an internal combustion engine or heat engine using consumable fuel; and (b)  a rechargeable energy storage system where energy for the storage system comes solely from sources onboard the vehicle. See Utah Code 41-1a-102 Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102 Identifying information: means information tied to an electronic device that identifies the user's or owner's: (a)  name; (b)  address; (c)  phone number; (d)  email; or (e)  other identifying information that would identify the owner or user of the electronic device. See Utah Code 77-23f-101 Image database: means a database maintained by a government entity that contains images the government entity captures of an individual while the individual interacts with the government entity. See Utah Code 77-23e-102 Imaging surveillance device: means a device that uses radar, sonar, infrared, or other remote sensing or detection technology used by the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure. See Utah Code 77-23d-102 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Jurisdiction: means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country. See Utah Code 41-1a-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Law enforcement agency: means a public entity that exists primarily to prevent, detect, or prosecute crime or enforce criminal statutes or ordinances. See Utah Code 77-23e-102 Law enforcement agency: means the same as that term is defined in Section 77-23c-101. See Utah Code 77-23f-101 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 Lien: A claim against real or personal property in satisfaction of a debt. Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102 Location information: means the same as that term is defined in Section 77-23c-101. See Utah Code 77-23f-101 Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. 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 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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. 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 Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102 Open session: means any hearing, before the board, a panel, a board member, or a hearing examiner, that is open to the public, regardless of the location of any person participating by electronic means. See Utah Code 77-27-1 Operate: includes testing of an automated driving system. See Utah Code 41-1a-102 Original issue license plate: means a license plate that is of a format and type issued by the state in the same year as the model year of a vehicle that is a model year 1973 or older. See Utah Code 41-1a-102 v2 Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. 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 Panel: means members of the board assigned by the chairperson to a particular case. See Utah Code 77-27-1 Pardon: means : (a)  an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction; (b)  the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction; and (c)  the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense. See Utah Code 77-27-1 Park model recreational vehicle: means a unit that: (a)  is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (b)  is not permanently affixed to real property for use as a permanent dwelling; (c)  requires a special highway movement permit for transit; and (d)  is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode. See Utah Code 41-1a-102 Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1 Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1 Person: means :Utah Code 68-3-12.5 Personalized license plate: means a license plate that has displayed on it a combination of letters, numbers, or both as requested by the owner of the vehicle and assigned to the vehicle by the division. See Utah Code 41-1a-102 Plug-in hybrid electric motor vehicle: means a hybrid electric motor vehicle that has the capability to charge the battery or batteries used for vehicle propulsion from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle while the vehicle is in motion. See Utah Code 41-1a-102 Pneumatic tire: means a tire in which compressed air is designed to support the load. See Utah Code 41-1a-102 Preceding year: means a period of 12 consecutive months fixed by the division that is within 16 months immediately preceding the commencement of the registration or license year in which proportional registration is sought. See Utah Code 41-1a-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public garage: means a building or other place where vehicles or vessels are kept and stored and where a charge is made for the storage and keeping of vehicles and vessels. See Utah Code 41-1a-102 Quorum: The number of legislators that must be present to do business. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Receipt of surrender of ownership documents: means the receipt of surrender of ownership documents described in Section 41-1a-503. See Utah Code 41-1a-102 Reconstructed vehicle: means a vehicle of a type required to be registered in this state that is materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used. See Utah Code 41-1a-102 Recreational vehicle: means the same as that term is defined in Section 13-14-102. See Utah Code 41-1a-102 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 Registration decal: means the decal issued by the division that is evidence of compliance with the division's registration requirements. See Utah Code 41-1a-102 v2 Registration year: means a 12 consecutive month period commencing with the completion of the applicable registration criteria. See Utah Code 41-1a-102 remission: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1 Repair or replacement: means the restoration of vehicles, vessels, or outboard motors to a sound working condition by substituting any inoperative part of the vehicle, vessel, or outboard motor, or by correcting the inoperative part. See Utah Code 41-1a-102 Replica vehicle: means : (a)  a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or (b)  a custom vehicle that meets the requirements under Subsection 41-6a-1507(1)(a)(i)(B). See Utah Code 41-1a-102 Reservoir: means a subsurface sedimentary stratum, formation, aquifer, cavity, or void, whether natural or artificially created, including oil and gas reservoirs, saline formations, and coal seams suitable for or capable of being made suitable for geologic carbon storage. See Utah Code 40-11-1 respite: means the temporary suspension of the execution of the sentence. See Utah Code 77-27-1 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-27-1 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 Reverse-location information: means historical location information for: (a)  a defined time period; (b)  a defined or undefined area; and (c)  a defined or undefined number of electronic devices, for which the identities of the owners or users of the electronic devices are unknown to law enforcement. See Utah Code 77-23f-101 Road: includes :Utah Code 68-3-12.5 Road tractor: means a motor vehicle designed and used for drawing other vehicles and constructed so it does not carry any load either independently or any part of the weight of a vehicle or load that is drawn. See Utah Code 41-1a-102 Sailboat: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102 Security interest: means an interest that is reserved or created by a security agreement to secure the payment or performance of an obligation and that is valid against third parties. 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 Special group license plate: means a type of license plate designed for a particular group of people or a license plate authorized and issued by the division in accordance with Section 41-1a-418. See Utah Code 41-1a-102 Special interest vehicle: means a vehicle used for general transportation purposes and that is: (i)  20 years or older from the current year; or (ii)  a make or model of motor vehicle recognized by the division director as having unique interest or historic value. See Utah Code 41-1a-102 Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that: (a)  is created under authority of the Utah Constitution Article XI, Section 7; and (b)  operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102 Specially constructed vehicle: means a vehicle of a type required to be registered in this state, not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles, and not materially altered from its original construction. See Utah Code 41-1a-102 Standard license plate: includes a license plate for general issue that the division issues before January 1, 2024. See Utah Code 41-1a-102 v2 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 State impound yard: means a yard for the storage of a vehicle, vessel, or outboard motor that meets the requirements of rules made by the commission pursuant to Subsection 41-1a-1101(5). See Utah Code 41-1a-102 Statute: A law passed by a legislature. Storage facility: means the reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a geologic carbon storage operation. See Utah Code 40-11-1 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 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Symbol decal: means the decal that is designed to represent a special group and displayed on a special group license plate. See Utah Code 41-1a-102 v2 Target: means a person or a structure upon which a government entity intentionally collects or attempts to collect information using an imaging surveillance device. See Utah Code 77-23d-102 Termination: means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence. See Utah Code 77-27-1 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102 Total fleet miles: means the total number of miles operated in all jurisdictions during the preceding year by power units. See Utah Code 41-1a-102 Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-1a-102 Tow truck operator: means the same as that term is defined in Section 72-9-102. 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 Transferee: means a person to whom the ownership of property is conveyed by sale, gift, or any other means except by the creation of a security interest. See Utah Code 41-1a-102 Transferor: means a person who transfers the person's ownership in property by sale, gift, or any other means except by creation of a security interest. See Utah Code 41-1a-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Truck tractor: means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load that is drawn. 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 Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102 Victim: means : (a)  a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or (b)  the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter. See Utah Code 77-27-1 Vintage vehicle: means the same as that term is defined in Section 41-21-1. See Utah Code 41-1a-102 Waters of this state: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102 Weighmaster: means a person, association of persons, or corporation permitted to weigh vehicles under this chapter. See Utah Code 41-1a-102 Writing: includes :Utah Code 68-3-12.5