Terms Used In Utah Code > Title 17D > Chapter 1 > Part 6 - Withdrawal, Dissolution, Discontinuing Services, and Reorganization

• Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means a registered owner who submits an application to obtain or renew a sponsored special group license plate in accordance with this part. See Utah Code 41-1a-1601
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Authorized service center: means an entity that:

  (a)	is in the business of repairing exclusively the motor vehicles of the same line-make as the motor vehicles a single direct-sale manufacturer manufactures;

  (b)	the direct-sale manufacturer described in Subsection (4)(a) authorizes to complete warranty repair work for motor vehicles that the direct-sale manufacturer sells, displays for sale, or offers for sale or exchange; and

  (c)

  conducts business primarily from an enclosed commercial repair facility that is permanently located in the state. See Utah Code 41-3-102 Board: means the advisory board created in Section 41-3-106. See Utah Code 41-3-102 Body shop: means a person engaged in rebuilding, restoring, repairing, or painting the body of motor vehicles for compensation. See Utah Code 41-3-102 Charitable purpose: means : (i)  relief of the poor, the distressed, or the underprivileged; (ii)  advancement of religion; (iii)  advancement of education or science; (iv)  erecting or maintaining a public building, monument, or work; (v)  reducing the burdens of government; (vi)  reducing neighborhood tensions; (vii)  eliminating prejudice and discrimination; (viii)  defending human rights and civil rights secured by law; or (ix)  combating community deterioration and juvenile delinquency. See Utah Code 41-1a-1601 Collegiate special group license plate: means a sponsored special group license plate issued to a contributor to an institution. See Utah Code 41-1a-1601 Commission: means the State Tax Commission. See Utah Code 41-3-102 Commission: means the State Tax Commission. See Utah Code 41-1a-102 Contract: A legal written agreement that becomes binding when signed. Contributor: means an applicant who contributes the required contribution to a sponsoring organization for a sponsored special group license plate. See Utah Code 41-1a-1601 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. Crusher: means a person who crushes or shreds motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to reduce the useable materials and metals to a more compact size for recycling. See Utah Code 41-3-102 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 Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Direct-sale manufacturer: means a person: (a)  that is both a manufacturer and a dealer; (b)  that is: (i)  an electric vehicle manufacturer; or (ii)  a low-volume manufacturer; (c)  that is not a franchise holder; (d)  that is domiciled in the United States; and (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 Direct-sale manufacturer salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by a direct-sale manufacturer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of a motor vehicle manufactured by the direct-sale manufacturer who employs the individual. See Utah Code 41-3-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismantler: includes a person who dismantles three or more motor vehicles in any 12-month period. 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 Distributor branch: means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained. See Utah Code 41-3-102 Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102 Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102 Electric vehicle manufacturer: means a person that, in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line-make that are: (a)  exclusively propelled through the use of electricity, a hydrogen fuel cell, or another non-fossil fuel source; (b)  (i)  passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or (ii)  trucks with a gross vehicle weight rating of 14,000 pounds or less; and (c)  manufactured by the person. See Utah Code 41-3-102 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Event data: means records of one or more of the following categories of information regarding a motor vehicle that are captured by an event data recorder: (i)  whether the vehicle's air bag deployed; (ii)  vehicle speed; (iii)  vehicle steering performance; (iv)  vehicle brake performance or use; or (v)  vehicle seatbelt status or use. See Utah Code 41-1a-1502 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. Existing special group license plate: means a special group license plate that the division issues before January 1, 2024. See Utah Code 41-1a-1601 Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs or supervises the factory branch's representatives. See Utah Code 41-3-102 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 Franchise holder: means a manufacturer who: (i)  previously had a franchised dealer in the United States; (ii)  currently has a franchised dealer in the United States; (iii)  is a successor to another manufacturer who previously had or currently has a franchised dealer in the United States; (iv)  is a material owner of another manufacturer who previously had or currently has a franchised dealer in the United States; (v)  is under legal or common ownership, or practical control, with another manufacturer who previously had or currently has a franchised dealer in the United States; or (vi)  is in a partnership, joint venture, or similar arrangement for production of a commonly owned line-make with another manufacturer who previously had or currently has a franchised dealer in the United States. See Utah Code 41-3-102 Fraud: Intentional deception resulting in injury to another. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102 Institution: means : (a)  a state institution of higher education as defined in Section 53B-3-102; or (b)  a private institution of higher education in the state accredited by a regional or national accrediting agency recognized by the United States Department of Education. See Utah Code 41-1a-1601 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. 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 Line-make: means motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer. See Utah Code 41-3-102 Low-volume manufacturer: means a manufacturer who: (a)  in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line make that are: (i)  (A)  passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or (B)  trucks with a gross vehicle weight rating of 14,000 pounds or less; and (ii)  manufactured by the person; and (b)  constructs no more than 325 new motor vehicles in any 12-month period. See Utah Code 41-3-102 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 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 Material owner: means a person who possesses, directly or indirectly, the power to direct, or cause the direction of, the management, policies, or activities of another person: (a)  through ownership of voting securities; (b)  by contract or credit arrangement; or (c)  in another way not described in Subsections (25)(a) and (b). 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 Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-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 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. Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-3-102 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 : (i)  a person having all the incidents of ownership of a motor vehicle, including legal title to the motor vehicle; (ii)  a person entitled to possession of a motor vehicle as the purchaser under a security agreement; or (iii)  a person entitled to possession of a motor vehicle as a lessee under a written lease agreement if the lease agreement is intended to last for more than three months at its inception. See Utah Code 41-1a-1502 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. Pawnbroker: means a person whose business is to lend money on security of personal property deposited with him. See Utah Code 41-3-102 Person: means :Utah Code 68-3-12.5 Plaintiff: The person who files the complaint in a civil lawsuit. Principal place of business: means a site or location in this state: (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; (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 (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 Private nonprofit organization: means a private nonprofit organization that: (i)  qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code; and (ii)  has a charitable purpose. See Utah Code 41-1a-1601 Private nonprofit special group license plate: means a sponsored special group license plate issued to a contributor to a private nonprofit organization. See Utah Code 41-1a-1601 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 Quorum: The number of legislators that must be present to do business. 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 Remanufacturer: means a person who reconstructs used motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to change the body style and appearance of the motor vehicle or who constructs or assembles motor vehicles from used or new and used motor vehicle parts, or who reconstructs, constructs, or assembles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102 Required contribution: means : (a)  the minimum annual contribution amount established under Subsection 41-1a-1603(4)(a)(iii); or (b)  if the sponsoring organization establishes a minimum annual contribution amount in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the sponsoring organization establishes. See Utah Code 41-1a-1601 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 Semitrailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102 Showroom: means a site or location in the state that a direct-sale manufacturer uses for the direct-sale manufacturer's business, including the display and demonstration of new motor vehicles that are exclusively of the same line-make that the direct-sale manufacturer manufactures. See Utah Code 41-3-102 Small trailer: means a trailer that has an unladen weight of: (a)  more than 750 pounds; and (b)  less than 2,000 pounds. See Utah Code 41-3-102 Special equipment: includes a truck mounted crane, cherry picker, material lift, post hole digger, and a utility or service body. See Utah Code 41-3-102 Special group license plate: means : (a)  a collegiate special group license plate; (b)  a private nonprofit special group license plate; (c)  a sponsored special group license plate; (d)  a state agency recognition special group license plate; or (e)  a state agency support special group license plate. See Utah Code 41-1a-1601 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 Sponsored special group license plate: means a license plate: (a)  designed for and associated with a sponsoring organization; and (b)  issued to an applicant in accordance with this part. See Utah Code 41-1a-1601 Sponsoring organization: means an institution, a private nonprofit organization, or a state agency that is or seeks to be associated with a sponsored special group license plate created under this part. See Utah Code 41-1a-1601 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 agency recognition special group license plate: means a sponsored special group license plate issued to an applicant who: (a)  has a special license that supports or furthers a government purpose; (b)  has received an honor that supports or furthers a government purpose; (c)  has achieved an accomplishment that supports or furthers a government purpose; or (d)  holds an elected office. See Utah Code 41-1a-1601 State agency support special group license plate: includes a cancer support license plate created by an act of the Legislature before December 31, 2022. See Utah Code 41-1a-1601 Statute: A law passed by a legislature. 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 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 Trailer: means the same as that term is defined in Section 41-1a-102. 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 Travel trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Used motor vehicle: means a vehicle that: (a)  has been titled and registered to a purchaser other than a dealer; or (b)  for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 41-3-102 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 Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. Writing: includes :Utah Code 68-3-12.5