No. 40983 (5-year Review): Rule R873-22M. Motor Vehicle

DAR File No.: 40983
Filed: 11/10/2016 10:19:56 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 41-1a-104 grants the Tax Commission power to enter into agreements with other jurisdictions concerning the registration, administration, and enforcement of motor vehicle laws. Section 41-1a-108 requires the Motor Vehicle Division to examine and determine the genuineness of application for registration, titling, and plating of vehicles, vessels, or outboard motors. Section 41-1a-116 allows the Tax Commission to disclose protected motor vehicle records for purposes of advisory notices; and allows the Tax Commission by rule, to provide for telephone access to records. Section 41-1a-211 allows the Motor Vehicle Division to grant a temporary permit for vehicles that are in the process of registration. Section 41-1a-214 requires owner of a vehicle to sign the registration card, keep it in the vehicle at all times, and to display the card to authorized state personnel upon request. Section 41-1a-215 states general rule that all registrations shall be for a 12-month period beginning with the day of registration, and provides exemptions. Section 41-1a-401 requires vehicles to have two license plates, and requires the Motor Vehicle Division to set specifications for license plate materials and manufacture. Section 41-1a-402 license plates shall be in colors selected by the Tax Commission and shall display the name of the state, a designation of the county in which the vehicle is registered, the date of expiration, the registration number assigned to the vehicle, and a slogan. Section 41-1a-411 requires individuals to apply for personalized license plates; and provides that the Tax Commission may refuse a personalized plate in certain circumstances. Section 41-1a-413 persons who have been issued personalized plates must either apply to display the plates on another vehicle, or surrender the plates to the Motor Vehicle Division upon sale, trade, or release of ownership on the original vehicle. Section 41-1a-414 requires that persons with disabilities qualifying under the Tax Commission rules carry an appropriately marked license plate or windshield placard in order to take advantage of parking space for disabled. Section 41-1a-416 allows individuals owning vehicles built before 1973 to apply for an original issue license plate of the format and type issued by the state in the year as the model year of the vehicle. Section 41-1a-418 lists the special group license plates authorized by law. Section 41-1a-419 indicates how the Motor Vehicle Division shall design special group license plates; and allows the owner of a vehicle that is forty years or older with a horseless carriage plate issued prior to 07/01/1992 the privilege of exchanging it for a vintage vehicle special group license plate issued after 07/01/1992. Section 41-1a-420 requires the Motor Vehicle Division to issue a disability special group license plate or windshield placard in accordance with federal law; and indicates where a removable placard shall be placed on the vehicle. Section 41-1a-421 lists the honor special group license plates and criteria necessary to qualify for these plates. Section 41-1a-422 provides a definition of "private institution of higher education," and "standard collegiate degree" for purposes of collegiate license plates. Section 41-1a-522 requires the Tax Commission to establish a record of a nonconforming vehicle and print "manufacturer buy back nonconforming vehicle" clearly on the new certificate of title. Section 41-1a-701 provides that when a vehicle is sold, its registration expires; and requires that a vehicle owner remove the license plates and either forward them to the Motor Vehicle Division for destruction, or have them transferred to another vehicle when the owner relinquishes ownership of the vehicle. Section 41-1a-801 provides a state vehicle inspection number (VIN) if the original VIN is altered or destroyed; and requires owner to apply for state-issued VIN with information required by the Tax Commission. Section 41-1a-1001 provides definitions necessary for implementation of salvage vehicle unbranding laws. Section 41-1a-1002 provides requirements for obtaining an unbranded title to a salvage vehicle, including interim inspections; and requires damage to be repaired pursuant to standards set by the Motor Vehicle Enforcement Division. Section 41-1a-1004 states that if a vehicle is branded as rebuilt or restored to operation, in a flood, or not restored to operation, before a transfer of ownership, the new title to the vehicle should mirror the existing brand. Section 41-1a-1005 requires the Tax Commission to promulgate rules establishing the requirements for an insurance company to prove it has complied with the criteria necessary to issue a salvage certificate for a vehicle. Section 41-1a-1005.5 requires the Tax Commission to promulgate rules establishing the requirements for an insurance company to prove it has complied with the criteria necessary to issue a non-repairable certificate for a vehicle. Sections 41-1a-1009 through 41-1a-1011 provide a definition of �abandoned vehicle�, and the process that the Tax Commission must take to dispose of vehicles meeting the criteria. Section 41-1a-1010 requires a person to obtain a permit to scrap, dismantle, destroy, or change a vehicle; allows the Tax Commission to collect a fee for inspection of vehicles for which the permit has been obtained; and indicates when a permit to dismantle may be rescinded. Section 41-1a-1011 provides the use of a vehicle dismantling permit. Section 41-1a-1101 authorizes the division or any peace officer to take possession of any vehicle without a warrant under certain circumstances; and authorizes the tax commission to make rules for establishing standards for impound lots, impound yards, and public garages. Section 41-1a-1211 sets fees for license plates, personalized license plates, and special group license plates. Section 53-8-205 requires a safety inspection to be performed on motor vehicles, with some exceptions; and indicates frequency of required safety inspection. Section 72-10-102 defines terms under the uniform aeronautical regulatory act. Section 72-10-109 requires that persons operating, piloting, or navigating an aircraft in Utah have proper registration; and indicates instances when registration is not required. Section 72-10-110 allows the Tax Commission to define, by rule, the contents of the database the Utah Division of Aeronautics is required to maintain containing all aircraft based within the state. Section 72-10-112 subjects persons who fail to properly register aircraft to the same penalties provided for failure to register motor vehicles.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section R873-22M-2 clarifies documentation necessary for registration or titling of vehicles under unique circumstances. Section R873-22M-7 specifies procedures for transfer of license plates from one vehicle to another; and provides a method for determining additional registration fees if the gross laden weight of a vehicle registered by gross laden weight increases during the registration year. Section R873-22M-8 clarifies when a registration issued for a period of three, six, or nine calendar months expires. Section R873-22M-11 allows a driver to carry a copy of the original registration card in lieu of the original in state-owned or state-leased vehicles. Section R873-22M-14 clarifies positioning of decals on license plates. Section R873-22M-15 sets forth procedures for applying for a state-issued vehicle identification number (VIN) if the original VIN has been removed or altered or if one never existed; the section also states where a state-issued VIN shall be placed on the vehicle. This section also sets forth specifications for state-issued VIN. Section R873-22M-16 establishes requirements for: 1) a lien holder who repossesses a motor vehicle to obtain title on that vehicle; 2) recording a new lien; and 3) issuing a new certificate of title showing the assignee as lienholder. Section R873-22M-17 provides criteria that an impound lot must meet to be used by the state of Utah. Section R873-22M-20 defines "aircraft"; provides that aircraft subject to FAA registration shall be registered in Utah; provides a registration period; states that aircraft assessed as part of an airline by the Tax Commission are exempt from registration; requires a decal to be placed on a registered aircraft; and sets forth the contents of the database maintained by the Utah Division of Aeronautics on all aircraft based within the state. Section R873-22M-22 allows an out-of-state branded vehicle to be issued a comparable Utah branded title; states that Utah registration expires when a vehicle qualifies for a title brand; and defines "cost to repair or restore a vehicle for safe operation" for purposes of unbranding a vehicle. Section R873-22M-24 provides definitions of "cosmetic repairs" and "collision estimating guide recognized by the Motor Vehicle Enforcement Division" for purposed of unbranding salvage vehicles. Section R873-22M-25 requires written notification that a vehicle has been issued a salvage certificate or branded title to a prospective buyer on a form provided by the Motor Vehicle Enforcement Division; and states where the form must be displayed if the seller is a dealer. Section R873-22M-26 states that a certified vehicle inspector shall determine if an interim inspection is needed; states that vehicles repaired beyond the point of a required interim inspection may not be unbranded if the interim inspection has not been performed; and provides guidelines on when a repair may qualify a vehicle to receive an unbranded title. Persons performing the inspection must have an I-CAR certification. Section R873-22M-27 sets forth requirements individuals must meet to qualify for special group license plates. Section R873-22M-28 allows the owner of a vehicle that is forty years or older with a horseless carriage plate issued prior to 07/01/1992 the privilege of exchanging it for a vintage vehicle special group license plate issued after 07/01/1992. Section R873-22M-29 details what a removable and a temporary removable disabled windshield placard shall look like; and provides when the windshield placard may be issued and where it must be placed in the vehicle. Section R873-22M-30 defines the term "series" with regard to the issuance of an original issue license plate; and states that the numeric code on the original issue plate cannot mirror a numeric code on a license plate already in existence. Section R873-22M-32 defines certificate of title with regard to Section 41-1a-1010; and requires an applicant with a vehicle eligible for retitling under Section 41-1a-1010 to receive a title consistent with the title at the time of application for a permit to dismantle. Section R873-22M-33 provides a definition of "private institution of higher education" and "standard collegiate degree" for purposes of collegiate license plates. Section R873-22M-34 states conditions under which a personalized license plate may not be issued; allows an applicant the right to request a review of the denial; and provides procedures for review. Section R873-22M-35 if the user of a personalized plate fails to renew the plate within one year of the expiration, the plate will be considered surrendered to the division, and the plate may be reissued to a new requestor. Section R873-22M-36 defines "advisory notice" and provides the procedures necessary to access protected motor vehicle records by telephone or in person. Section R873-22M-40 provides a method to determine the age of a vehicle for purposes of determining the frequency of the state safety inspection required under Section 53-8-205. Section R873-22M-41 indicates when the commission shall issue a salvage certificate for a vehicle to an insurance company. Section R873-22M-42 indicates when the Tax Commission shall issue a nonrepairable certificate for a vehicle to an insurance company. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Tax Commission
Motor Vehicle
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at [e-mail]

Effective:

11/10/2016

Authorized by:

Rebecca Rockwell, Commissioner

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