HB 228 — Vehicle Sales Amendments

(a) immersion in a liquid{,liquid; damaging any of the major electrical system components} ;

[(26)] (29){(30)}(30) "Foreign vehicle" means a vehicle of a type required to be registered, brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer, and not registered in this state.

(30){(31)}(31) {"Grey } "Gray market" means a motor vehiclevehicle: {manufactured outside of the United States and not intended by the manufacturer for sale in the United States and does not meet federal or state motor vehicle safety or emissions standards.} :

{[(27)](a) (31)} manufactured outside of the United States;

(32){(33)}(33) "Hail damaged" means {that the } a motor vehicle {is } that was damaged by exposure to falling hail to a degree that an insurance company {deems } declared the motor vehicle {is unsafe or inoperable} a total loss.

[(28)] (33){(34)}(34) "Highway" or "street" means the entire width between property lines of every way- or4 place- ofEnrolled whateverCopy natureH.B. when any part of it is open to the public, as a matter of right, for purposes of vehicular traffic.

[(29)]228 (34){(35)}way "Hybridor electricplace motorof vehicle"whatever meansnature awhen motorany vehiclepart thatof drawsit propulsionis energyopen fromto onboardthe sourcespublic, as a matter of storedright, energyfor thatpurposes areof both:vehicular traffic.

[(29)] (35) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both:

[(30)] (35){(36)}(36)(a) (a) "Identification number" means the identifying number assigned by the manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard motor.

- 5 - HB0228 compared with HB0228S02 (b) "Identification number" includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number.

[(31)] (36){(37)}(37) "Implement of husbandry" means a vehicle designed or adapted and used exclusively for an agricultural operation and only incidentally operated or moved upon the highways.

[(32)] (37){(38)}(38)(a) (a) "In-state miles" means the total number of miles operated in this state during the preceding year by fleet power units.

[(33)] (38){(39)}(39) "Interstate vehicle" means a commercial vehicle operated in more than one state, province, territory, or possession of the United States or foreign country.

[(34)] (39){(40)}(40) "Jurisdiction" means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country.

[(35)] (40){(41)}(41) "Lienholder" means a person with a security interest in particular property.

[(36)] (41){(42)}(42) "Manufactured home" means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

[(37)] (42){(43)}(43) "Manufacturer" means a person engaged in the business of constructing, manufacturing,- assembling,5 producing,- orH.B. importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade.

[(38)]228 (43){(44)}Enrolled "MilitaryCopy vehicle"manufacturing, meansassembling, aproducing, vehicleor ofimporting anynew size or weightunused thatvehicles, wasvessels, manufacturedor foroutboard usemotors byfor armed forces and that is maintained in a condition that represents the vehicle'spurpose military design and markings regardless of currentsale ownership or use.trade.

[(39)][(38)] (44){(45)}(44) "Mobile"Military home"vehicle" means a transportablevehicle factoryof builtany housingsize unitor builtweight priorthat towas Junemanufactured 15,for 1976,use inby accordancearmed withforces aand statethat mobileis homemaintained codein whicha existedcondition priorthat torepresents the Federalvehicle's Manufacturedmilitary Housingdesign and Safetymarkings Standardsregardless Actof (HUDcurrent Code).ownership or use.

[(40)][(39)] (45){(46)}(45) "Motor"Mobile fuel"home" means thea sametransportable asfactory thatbuilt termhousing isunit definedbuilt prior to June 15, 1976, in Sectionaccordance 59-13-102.with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code).

-[(40)] 6(46) - HB0228 compared with HB0228S02 [(41)] (46){(47)} (a) "Motor vehicle"fuel" means athe self-propelledsame vehicleas intendedthat primarilyterm foris usedefined andin operationSection on59-13-102. the highways.

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

[(42)] (47){(48)}(48) "Motorboat" means the same as that term is defined in Section 73-18c-102.

[(43)] (48){(49)}(49) "Motorcycle" means:

[(44)] (49){(50)}(50) "Natural gas" means a fuel of which the primary constituent is methane.

[(45)] (50){(51)}(51)(a) (a) "Nonresident" means a person who is not a resident of this state as defined by Section 41-1a-202, and who does not engage in intrastate business within this state and does not operate in that business any motor vehicle, trailer, or semitrailer within this state.

[(46)] (51){(52)}(52) "Odometer" means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset.

(52){(53)}(53) "Odometer discrepancy" means that a written odometer disclosure statement described in- Section6 41-1a-902- indicatesEnrolled thatCopy theH.B. motor vehicle's odometer does not match the actual amount of miles or kilometers driven by the motor vehicle.

[(47)]228 (53){(54)}in "Off-highwaySection implement41-1a-902 ofindicates husbandry"that meansthe motor vehicle's odometer does not match the sameactual asamount thatof termmiles isor definedkilometers indriven Sectionby 41-22-2.the motor vehicle.

[(48)][(47)] (54){(55)}(54) "Off-highway vehicle"implement of husbandry" means the same as that term is defined in Section 41-22-2.

[(49)][(48)] (55){(56)}(55) -"Off-highway 7vehicle" -means HB0228the comparedsame withas HB0228S02that (a)term "Operate"is means:defined in Section 41-22-2.

[(49)] (56)(a) "Operate" means:

[(50)] (56){(57)}(57) "Original issue license plate" means a license plate that is of a format and type issued by the state in the same year as the model year of a vehicle that is a model year 1973 or older.

[(51)] (57){(58)}(58) "Outboard motor" means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel.

[(52)] (58){(59)}(59)(a) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest.

[(53)] (59){(60)}(60) "Park model recreational vehicle" means a unit that:

and (d) is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400- square7 feet- inH.B. the setup mode.

[(54)]228 (60){(61)}Enrolled "PersonalCopy vehicle"400 meanssquare afeet vehiclein thatthe issetup notmode. a commercial vehicle.

-[(54)] 8(61) -"Personal HB0228vehicle" compared with HB0228S02 [(55)] (61){(62)} "Personalized license plate" means a licensevehicle plate that hasis displayednot on it a combinationcommercial ofvehicle. letters, numbers, or both as requested by the owner of the vehicle and assigned to the vehicle by the division.

[(56)][(55)] (62){(63)}(62) (a)"Personalized "Pickuplicense truck"plate" means a two-axlelicense motorplate vehiclethat withhas motivedisplayed poweron manufactured,it remanufactured,a combination of letters, numbers, or materiallyboth alteredas requested by the owner of the vehicle and assigned to providethe anvehicle openby cargothe area.division.

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

[(57)] (63){(64)}(64) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that has the capability to charge the battery or batteries used for vehicle propulsion from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle while the vehicle is in motion.

[(58)] (64){(65)}(65) "Pneumatic tire" means a tire in which compressed air is designed to support the load.

[(59)] (65){(66)}(66) "Preceding year" means a period of 12 consecutive months fixed by the division that is within 16 months immediately preceding the commencement of the registration or license year in which proportional registration is sought.

[(60)] (66){(67)}(67) "Public garage" means a building or other place where vehicles or vessels are kept and stored and where a charge is made for the storage and keeping of vehicles and vessels.

(67){(68)}(68) "Rebuilt and restored" means a motor vehicle that qualifies for a brand of rebuilt and restored under {Subsection 41-1a-1004(1)(b) or (c)} Section 41-1a-1004.

[(61)] (68){(69)}(69) "Receipt of surrender of ownership documents" means the receipt of surrender of ownership documents described in Section 41-1a-503.

[(62)] (69){(70)}(70) "Reconstructed vehicle" means a vehicle of a 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.

[(63)] (70){(71)}(71) "Recreational vehicle" means the same as that term is defined in Section 13-14-102.

[(64)] (71){(72)}(72) "Registration" means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the - 98 - HB0228Enrolled comparedCopy withH.B. HB0228S02 registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction.

[(65)]228 (72){(73)} "Registration decal" means the decalregistration issuedis byvalid theand division that is evidence of compliance with the division's registration requirements.requirements of the jurisdiction.

[(66)][(65)] (73){(74)}(73) (a) "Registration year"decal" means athe 12decal consecutiveissued monthby periodthe commencingdivision withthat theis completionevidence of compliance with the applicabledivision's registration criteria.requirements.

[(66)] (74)(a) "Registration year" means a 12 consecutive month period commencing with the completion of the applicable registration criteria.

[(67)] (74){(75)}(75) "Repair or replacement" means the restoration of vehicles, vessels, or outboard motors to a sound working condition by substituting any inoperative part of the vehicle, vessel, or outboard motor, or by correcting the inoperative part.

[(68)] (75){(76)}(76) "Replica vehicle" means:

[(69)] (76){(77)}(77) "Restored-modified vehicle" means a motor vehicle that has been restored and modified with modern parts and technology, including emission control technology and an on-board diagnostic system.

[(70)] (77){(78)}(78) "Road tractor" means a motor vehicle designed and used for drawing other vehicles and constructed so it does not carry any load either independently or any part of the weight of a vehicle or load that is drawn.

[(71)] (78){(79)}(79) "Roadable aircraft" means the same as that term is defined in Section 72-10-102.

[(72)] (79){(80)}(80) "Sailboat" means the same as that term is defined in Section 73-18-2.

[(73)] (80){(81)}(81) "Security interest" means an interest that is reserved or created by a security agreement to secure the payment or performance of an obligation and that is valid against third parties.

[(74)] (81){(82)}(82) "Semitrailer" means the same as the term "trailer." [(75)] (82){(83)}(83) "Special group license plate" means a type of license plate designed for a particular group of people or a license plate authorized and issued by the division in accordance with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates.

[(76)] (83){(84)}(84)(a) - 10 - HB0228 compared with HB0228S02 (a) "Special interest vehicle" means a vehicle used for general transportation purposes and that is:

or (ii) a make or model of motor vehicle recognized by the division director as having unique- interest9 or- historicH.B. value.

(b)228 InEnrolled makingCopy aunique determinationinterest underor Subsectionhistoric [(76)(a)]value. {(83)(a)} (84)(a), the division director shall give special consideration to:

(b) In making a determination under Subsection [(76)(a)] (84)(a), the division director shall give special consideration to:

[(77)] (84){(85)}(85)(a) (a) "Special mobile equipment" means a vehicle:

[(78)] (85){(86)}(86) "Specially constructed vehicle" means a vehicle of a type required to be registered in this state, not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles, and not materially altered from its original construction.

[(79)] (86){(87)}(87)(a) (a) "Standard license plate" means a license plate for general issue described in Subsection 41-1a-402(1).

- 11 - HB0228 compared with HB0228S02 (b) "Standard license plate" includes a license plate for general issue that the division issues before January 1, 2024.

[(80)] (87){(88)}(88) "State impound yard" means a yard for the storage of a vehicle, vessel, or outboard motor that meets the requirements of rules made by the commission as described in Subsection 41-1a-1101(7).

(88){(89)}(89) "Stolen/recovered" means a motor vehicle thatthat: {was reported stolen and subsequently recovered, where the status or integrity of the motor vehicle is unknown.} :

{[(81)]- (89)}10 was- reportedEnrolled stolen;Copy H.B.

228 (a) was reported stolen;

[(82)] (90){(91)}(91) "Symbol decal" means the decal that is designed to represent a special group and displayed on a special group license plate.

[(83)] (91){(92)}(92) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor.

[(84)] (92){(93)}(93)(a) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions during the preceding year by power units.

[(85)] (93){(94)}(94) "Tow truck motor carrier" means the same as that term is defined in Section 72-9-102.

[(86)] (94){(95)}(95) "Tow truck operator" means the same as that term is defined in Section 72-9-102.

[(87)] (95){(96)}(96) "Trailer" means a vehicle:

[(88)] (96){(97)}(97) "Transferee" means a person to whom the ownership of property is conveyed by sale, gift, or any other means except by the creation of a security interest.

[(89)] (97){(98)}(98) "Transferor" means a person who transfers the person's ownership in property by sale, gift, or any other means except by creation of a security interest.

- 12 - HB0228 compared with HB0228S02 [(90)] (98){(99)}(99) "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.

[(91)] (99){(100)}(100) "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.

[(92)] (100){(101)}(101) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home.

[(93)]- (101){(102)}11 "Vessel"- meansH.B. the same as that term is defined in Section 73-18-2.

[(94)]228 (102){(103)}Enrolled "VintageCopy vehicle"[(93)] (102) "Vessel" means the same as that term is defined in Section 41-21-1.73-18-2.

[(95)][(94)] (103){(104)}(103) "Waters"Vintage ofvehicle" this state" means the same as that term is defined in Section 73-18-2.41-21-1.

[(96)][(95)] (104){(105)}(104) "Weighmaster""Waters meansof athis person,state" associationmeans ofthe persons,same oras corporationthat permittedterm tois weighdefined vehiclesin underSection this73-18-2. chapter.

[(96)] (105) "Weighmaster" means a person, association of persons, or corporation permitted to weigh vehicles under this chapter.

41-1a-513.41-1a-513 .

(3)(3)(a) (a) After receiving an application for a new Utah certificate of title, the division shall check the vehicle identification number listed on the application against NMVTIS.

- 13 - HB0228 compared with HB0228S02 (b) After checking the vehicle identification number as described in Subsection (3)(a), the division shall follow the procedure for issuing a branded title described in Section 41-1a-1004 if a jurisdiction contributing to NMVTIS identifies the title as one of the following:

41-1a-1004.41-1a-1004 .

Certificate of title -- Salvage vehicles -- Buyer notification of salvage or- total12 loss- vehicle.Enrolled Copy H.B.

(1)228 (a) If the division is able to [ascertain the fact{] determine the actual brand}, at the time] determine the actual brand when an application is made for initial registration or transfertotal ofloss ownershipvehicle. of a salvage vehicle, the [title shall be branded:] division shall label the title certificate with the applicable brand.

(1)(a) If the division is able to [ascertain the fact, at the time] determine the actual brand when an application is made for initial registration or transfer of ownership of a salvage vehicle, the [title shall be branded:] division shall label the title certificate with the applicable brand.

(c) A motor vehicle that has, or qualifies for, a {grey } gray market brand may receive a brand of {rebuilt and restored } compliant gray market if the motor vehiclevehicle: {is altered to meet federal and state motor vehicle safety standards.} :

(d) {A brand of rebuilt and restored will appear } The division shall indicate on a title certificatecertificate, {as "Rebuilt and Restored --," followed by the brand that } , "Odometer discrepancy" if the motor - 14 - HB0228 compared with HB0228S02 vehicle {had, or qualified for, before receiving the rebuilt and restored brand} has an odometer discrepancy.

(e)(e)(i) {(2)} {(a)} (i) The division shall ensure a brand of rebuilt and restored appears on a title certificate as "Rebuilt and Restored --," followed by the brand that the motor vehicle had, or qualified for, before receiving the rebuilt and restored brand.

(ii) A brand label following,following "Rebuilt and Restored --" shall appear as one of the following:

or (D) "Stolen." (2)(2)(a)(i) (a) (i) Except as provided in Subsection (2)(b), before the sale of a vehicle for which a salvage certificate or branded title has been knowingly issued or knowingly declared a total loss by an insurance company, the seller shall provide the prospective purchaser with written notification that a salvage certificate or a branded title has been issued for the vehicle.

(b)- The13 requirement- toH.B. provide written notification under Subsection (2)(a) does not apply if:

228 Enrolled Copy (b) The requirement to provide written notification under Subsection (2)(a) does not apply if:

(3)(3)(a) (a) An advertisement for the sale of a vehicle for which a salvage certificate or branded title has been issued shall disclose that a salvage certificate or branded title has been issued for the vehicle.

-(b)(i) 15 - HB0228 compared with HB0228S02 (b) (i) Except as provided in Subsection (3)(b)(ii), an advertisement for a vehicle declared a total loss by an insurance company shall disclose that the vehicle has been declared a total loss by an insurance company.

Effective date.

2-11-26 3:15 PM - 1614 -