No. 29651: R877-23V. Motor Vehicle Enforcement

DAR File No.: 29651
Filed: 03/14/2007, 01:49
Received by: NL

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 41-3-105 gives rulemaking authority to the motor vehicle enforcement administrator to carry out the purposes of the chapter; details information that a license application shall contain; gives administrator rulemaking authority to require signs; and sets forth duties of the administrator and the division. Section 41-3-201 requires that all dealers, salespersons, manufacturers, transporters, dismantlers, distributors, factory branch distributors, distributor branch and representative, crushers, remanufactures, and body shops operating in Utah have a license issued by the administrator. Section 41-3-202 establishes scope of operation allowed businesses that receive and operate under licenses issued by the Motor Vehicle Enforcement Division. Section 41-3-210 sets forth a list of prohibitions for license holders; and requires licensees to maintain records. Section 41-3-301 requires dealers to submit a title, within 45 days of sale, to the Division; and requires dealers to provide certain information to the Division within 45 days of issuance of a temporary permit. Section 41-3-302 allows a dealer to issue a temporary registration permit to persons purchasing a vehicle, pursuant to the Tax Commission rule; states that permits are good for 45 days; and dealers are responsible and liable for registration of each motor vehicle for which a permit is issued. Section 41-3-305 states that if an applicant meets criteria established in rule by the Tax Commission, the law allows the Division to issue in-transit permits for the use of highways for a time period not to exceed 96 hours. Section 41-3-507 requires license holders to keep a written record of special plates they issue; states what must be included in the record; and requires that lost or stolen special plates be reported immediately to the motor vehicle enforcement division.

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 R877-23V-3 prohibits holders of a dealer license from working as a salesperson for another dealer but does allow dealership owners to engage as no-fee salespersons for their own dealerships. Section R877-23V-4 prohibits individuals holding a dealer's license to employ, enter into a contract with, or encourage persons to act as a salesperson if the person is not licensed as a salesperson in Utah. Section R877-23V-5 establishes guidelines for issuance, placement, and records of temporary motor vehicle registration permits and extension permits issued by dealers. Section R877-23V-6 clarifies issuance of in-transit permits for piggybacked semi-tractors. Section R877-23V-7 sets forth standards of practice for advertising and sale of motor vehicles. Section R877-23V-8 requires all dealers, dismantlers, manufacturers, remanufactures, transporters, crushers, and body shops to post a legible sign at principal and additional places of business; and requires these entities to identify their vehicles through signage on the vehicles. Section R877-23V-10 requires all automobile manufacturers licensed in Utah, to comply with federal vehicle identification number (VIN) requirements. Section R877-23V-11 requires all persons licensed under Section 41-3-202 to notify the Division immediately of any change in ownership, address, or circumstance relating to the licensee's fitness to be licensed. Section R877-23V-12 establishes criteria that must be met before the issuance of a motor vehicle related license. Section R877-23V-14 requires a dealer issuing temporary permits to segregate and identify state mandated fees. The section also requires a dealer to post a visible and prominent sign if the dealer charges a customer a dealer documentary service fee. Section R877-23V-16 provides that a lost or stolen special plate may be replaced only after it has expired; and requires a replaced special plate to be included in the calculation of special plates under Section 41-3-503. Section R877-23V-18 outlines qualifications for a salvage vehicle buyer license and evidence needed to support those qualifications. Section R877-23V-19 indicates the language that must be on the notice for a vehicle offered for sale in this state that was initially delivered for sale outside the United States. Therefore, this rule should be continued.

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

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

Direct questions regarding this rule to:

Cheryl Lee at the above address, by phone at 801-297-3900, by FAX at 801-297-3919, or by Internet E-mail at [e-mail]

Authorized by:

D'Arcy Dixon, Commissioner