R33-26-103. Definitions

  All definitions in Section 63A-2-101.5 shall apply to Rule R33-26. In addition the following definitions shall apply to Rule R33-26:

  (1) "All-terrain type I vehicle" means any motor vehicle 52 inches or less in width, having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure tires, having a seat designed to be straddled by the operator, and designed for or capable of travel over unimproved terrain;

  (2) "All-terrain type II vehicle" means any other motor vehicle, not defined in Section 103 designed for or capable of travel over unimproved terrain and includes a class A side-by-side vehicle. "All-terrain type II vehicle" does not include golf carts, any vehicle designed to carry a person with a disability, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102.

  (3) "Aircraft" means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air.

  (4) "Bundled sale" means the act of packaging or grouping multiple State-owned surplus property items together for the purpose of offering those items for sale in a single transaction in which the buyer receives all surplus property items bundled together and sold in the transaction.

  (5) "Camper" means any structure designed, used, and maintained primarily to be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for camping.

  (6) "Disposition" means the act of selling, disposing, or transferring state-owned vehicle and non-vehicle property, declared to be surplus property, to the care, custody, or possession of another person.

  (7) "Division" means the Division of Purchasing and General Services within the Department of Administrative Services created under Section 63A-2-101.

  (8) "Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

  (9) "Motorboat" means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.

  (10) "Motorcycle" means a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.

  (11) "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the highways.

  (12) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, or motorcycle.

  (13) As used in this section "Personal handheld electronic device":

  (a) means an electronic device that is designed for personal handheld use and permits the user to store or access information, the primary value of which is specific to the user of the device; and,

  (b) includes a mobile phone, pocket personal computer, personal digital assistant, wireless, or similar device.

  (14) "Personal Watercraft" means a motorboat that is:

  (a) less than 16 feet in length;

  (b) propelled by a water jet pump; and

  (c) designed to be operated by a person sitting, standing or kneeling on the vessel, rather than sitting or standing inside the vessel.

  (15)(a) "Pickup truck" means a two-axle motor vehicle with motive power manufactured, remanufactured, or materially altered to provide an open cargo area.

  (b) "Pickup truck" includes motor vehicles with the open cargo area covered with a camper, camper shell, tarp, removable tarp, or similar structure.

  (16) "Reconstructed vehicle" means every vehicle type required to be registered in this state that is materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used.

  (17)(a) "Recreational vehicle" means a vehicular unit other than a mobile home, primarily designed as a temporary dwelling for travel, recreational, or vacation use, that is either self-propelled or pulled by another vehicle.

  (b) "Recreational vehicle" includes:

  (i) a travel trailer;

  (ii) a camping trailer;

  (iii) a motor home;

  (iv) a fifth wheel trailer; and

  (v) a van.

  (18) "Road tractor" means every motor vehicle designed and used for drawing other vehicles and constructed so it does not carry and load either independently or any part of the weight of a vehicle or load this is drawn.

  (19) "Sailboat" means any vessel having one or more sails and propelled by wind.

  (20) "Semitrailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle.

  (21)(a) "Special mobile equipment" means every vehicle:

  (i) not designed or used primarily for the transportation of persons or property;

  (ii) not designed to operate in traffic; and

  (iii) only incidentally operated or moved over the highways.

  (b) "special mobile equipment" includes:

  (i) farm tractors;

  (ii) on or off-road motorized construction or maintenance equipment including backhoes, bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers;

  (iii) ditch-digging apparatus; and

  (iv) forklifts, warehouse equipment, golf carts, electric carts, etc.

  (22) "State agency" means any executive branch department, division, or other agency of the state.

  (23) "State-owned surplus property item":

  (a) means state-owned property as defined in Section 63A-2-101.5 and Section R33-26-103 whether acquired by purchase, seizure, donation, or otherwise:

  (i) that is no longer being used by the state or no longer usable by the state;

  (ii) that is out of date;

  (iii) that is damaged and cannot be repaired or cannot be repaired at a cost that is less than the property's value;

  (iv) whose useful life span has expired; or

  (v) that the state agency possessing the property determines is not required to meet the needs or responsibilities of the state agency;

  (b) includes:

  (i) a motor vehicle as defined in Section R33-26-103;

  (ii) equipment;

  (iii) furniture;

  (iv) information technology equipment; and

  (v) supplies; and

  (c) does not include:

  (i) real property;

  (ii) an asset of the School and Institutional Trust Lands Administration, established in Section 53C-1-201;

  (iii) a firearm or ammunition; or

  (iv) an office or household item made of aluminum, paper, plastic, cardboard, or other recyclable material, without any meaningful value except for recycling purposes.

  (24) "Trailer" means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.

  (25) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle.

  (26) "Truck tractor" means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load that is drawn.

  (27) "Vehicle" means:

  (a) all-terrain vehicle type I and II,

  (b) aircraft,

  (c) camper,

  (d) farm tractor,

  (e) motor boat,

  (f) motorcycle,

  (g) motor vehicle,

  (h) off highway vehicle,

  (i) personal watercraft,

  (j) pickup truck,

  (k) reconstructed vehicle,

  (l) recreational vehicle,

  (m) road tractor,

  (n) sailboat,

  (o) semitrailer,

  (p) special mobile equipment,

  (q) trailer,

  (r) travel trailer,

  (s) truck tractor,

  (t) vessel; and

  (28) "Vessel" means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.