No. 40984 (5-year Review): Rule R877-23V. Motor Vehicle Enforcement

DAR File No.: 40984
Filed: 11/10/2016 10:22:33 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 41-3-105 gives rulemaking authority to motor vehicle enforcement administrators to carry out the purposes of the chapter; details information that a license application shall contain; gives administrators 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 the scope of operation allowed to businesses that receive and operate under licenses issued by the Motor Vehicle Enforcement Division. Section 41-3-209 provides for denial, suspension, and revocation of a license for reasonable cause and provides a list of situations included in reasonable cause. 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 Motor Vehicle Enforcement Division; requires dealers to provide certain information to the Motor Vehicle Enforcement 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 Tax Commission rule. Permits are good for 45 days. 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, law allows the Motor Vehicle Enforcement 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. Section 41-3-704 allows the Tax Commission, upon making a record of its actions and upon reasonable cause, to waive, reduce, or compromise any civil penalties imposed under the chapter.

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. The rule does allow dealership owners to engage as no-fee salespersons for their own dealerships. 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 semitractors. 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 Motor Vehicle Enforcement Division immediately of any change in ownership, address, or circumstance relating to its 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. This 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-20 provides circumstances under which there is a rebuttable presumption that reasonable cause to deny, suspend, or revoke a license exists. Section R877-23V-22 indicates when reasonable cause to waive, reduce, or compromise a civil penalty does and does not exist. 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 Enforcement
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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