No. 29938 (Amendment): R877-23V-8. Signs and Identification Pursuant to Utah Code Ann. Section 41-3-105

DAR File No.: 29938
Filed: 05/14/2007, 01:37
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment repeals rule language that was codified in S.B. 138 (2007). (DAR NOTE: S.B. 138 (2007) is found at Chapter 322, Laws of Utah 2007, and was effective 04/30/2007.)

Summary of the rule or change:

The proposed amendment deletes language specifying signage of vehicles used to transport salvage vehicles or parts on the highways. This language has been codified.

State statutory or constitutional authorization for this rule:

Section 41-3-105

Anticipated cost or savings to:

the state budget:

None--Any fiscal impact was taken into account in S.B. 138 (2007).

local governments:

None--Any fiscal impact was taken into account in S.B. 138 (2007).

other persons:

None--Any fiscal impact was taken into account in S.B. 138 (2007).

Compliance costs for affected persons:

None--Language was moved from rule to statute.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated impacts. D'Arcy Dixon, Commissioner

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]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/02/2007

This rule may become effective on:

07/09/2007

Authorized by:

D'Arcy Dixon, Commissioner

RULE TEXT

R877. Tax Commission, Motor Vehicle Enforcement.

R877-23V. Motor Vehicle Enforcement.

R877-23V-8. Signs and Identification Pursuant to Utah Code Ann. Section 41-3-105.

[A.](1) Every dealer, dismantler, manufacturer, remanufacturer, transporter, crusher, and body shop must post a sign at its principal place of business.

[B.](2) The sign required under [A.]Subsection (1) shall:

[1.](a) plainly display in a permanent manner the name under which the business is licensed;

[2.](b) be [not less than]at least 24 square feet in size, unless required otherwise, in writing, by a government entity; and

[3.](c) be painted on the building, attached to the building with nails or bolts, or affixed to posts that have been securely anchored in the ground.

[C.](3) A similar sign must be conspicuously posted at each additional place of business and must show, in addition, the address of the principal place of business. All signs must remain posted at each place of business and on the office. If the office is not located at the site on which the motor vehicles are displayed or offered for sale or exchange, the bonded dealer number, dismantler number, or manufacturer number must also be conspicuously displayed either on the sign or on the building.

[D.](4) If the additional place of business is an auto show or similar business that will conduct business for ten days or less, the sign need only show the licensee's name as licensed by the division and be of a size that reasonably identifies the licensee.

[E. Every dismantler, body shop, crusher, and dealer engaged in the business of dismantling motor vehicles for the sale of parts or salvage shall identify any vehicles or equipment used by the dismantler, body shop, crusher, or dealer for transporting salvage or parts on the highways. This identification shall include the name, address, and dismantler, body shop, crusher, or dealer number of the licensee, and shall be conspicuously displayed on both sides of the vehicle or equipment in letters and numerals not less than two inches in height.

F.](5) No place of business may be operated under a name other than that by which the licensee is licensed by the division. No sign may be posted at a place of business that shows a business name other than the one licensed by the division or gives the impression that the business is other than the one licensed by the division. However, a sign containing a variation of the licensee's name, if a variation of the licensee's name is required by a manufacturer in writing, may be posted as long as the sign containing the licensed name is more prominent.

[G.](6) Documents submitted by a licensee to a government entity shall be identified only by the name under which the licensee is licensed by the division. All documents used by the licensee to promote or transact a sale or lease of a vehicle shall identify that licensee only by the name under which the licensee is licensed with the division.

 

KEY: taxation, motor vehicles

Date of Enactment or Last Substantive Amendment: [September 15, 2006]2007

Notice of Continuation: March 14, 2007

Authorizing, and Implemented or Interpreted Law: 41-3-105