Utah Dealer Renewal Class - 2022 RESOURCE & REFERENCE GUIDEBOOK PREFERRED PROVIDER FOR THE STATE OF UTAH & THE USED C AR DEALERS OF UTAH
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Utah Dealer
Renewal
Class
2022 RESOURCE &
REFERENCE GUIDEBOOK
PREFERRED PROVIDER FOR
T H E S TAT E O F U TA H &
T H E U S E D C A R D E A L E R S O F U TA H
PRESENTED BY:
– DEALER LICENSE RESOURCE GUIDE –
– DEALER LICENSE RESOURCE GUIDE – Table Of Contents DEALER LICENSE RESOURCE BOOK TABLE OF CONTENTS IDS DEALER LICENSE EDUCATION PROGRAM WELCOME! ����������������������������������������������������������������������������������������������������������������������������������������������������������� V COPYRIGHT POLICY & INFRINGEMENT������������������������������������������������������������������������������������������������������VII INDUSTRY RESOURCES & PARTNERS����������������������������������������������������������������������������������������������������������VIII PASSED BILLS 1SHB 38 - PROPERTY THEFT AMENDMENTS ���������������������������������������������������������������������������������������������� 1 4SSB 109 - TOWING AMENDMENTS �������������������������������������������������������������������������������������������������������������� 4 3SSB 51 TRANSPORTATION AMENDMENTS������������������������������������������������������������������������������������������������� 8 3SHB104 - STATE EMPLOYMENT AMENDMENTS���������������������������������������������������������������������������������������11 SB 64 - IDENTIFICATION FOR VEHICLE REGISTRATION AMENDMENTS�������������������������������������������� 12 5SHB 336 - VEHICLE REGISTRATION MODIFICATIONS �������������������������������������������������������������������������� 12 HB 108 - VEHICLE INSPECTION AMENDMENTS ��������������������������������������������������������������������������������������� 13 2SHB 186 - VEHICLE REGISTRATION AMENDMENTS������������������������������������������������������������������������������ 14 4S SB 149 - TINTED VEHICLE WINDOWS AMENDMENTS����������������������������������������������������������������������� 15 2SSB227 - CONSUMER PRIVACY ACT����������������������������������������������������������������������������������������������������������� 16 LICENSE PLATES 1SHB368 - VEHICLE LICENSE PLATE AND REGISTRATION AMENDMENTS ��������������������������������������� 19 NEW PLATES������������������������������������������������������������������������������������������������������������������������������������������������������ 19 RV DEALER FRANCHISE POWERSPORT & MARINE BILLS SB27 - UTAH POWERSPORT VEHICLE FRANCHISE ADVISORY BOARD AMENDMENTS ����������� 21 3SHB180 - OFF-ROAD VEHICLE SAFETY EDUCATION����������������������������������������������������������������������������� 22 HB 206 - OUTDOOR RECREATION RELATED EDUCATION��������������������������������������������������������������������� 24 2SHB 317 - SOVEREIGN LANDS TRESPASSING AMENDMENTS ������������������������������������������������������������ 24 HB391 - AUTOCYCLE AMENDMENTS����������������������������������������������������������������������������������������������������������� 25 SB72 - ATV WEIGHT LIMIT AMENDMENTS ������������������������������������������������������������������������������������������������ 25 1SHB409 - RECREATION INFRASTRUCTURE AMENDMENTS����������������������������������������������������������������� 25 OTHER BILLS PASSED NEW RULE CHANGES & DEALER UPDATES DEALER DOCUMENTARY FEE CHANGES����������������������������������������������������������������������������������������������������� 26 DMV RULES CHANGES������������������������������������������������������������������������������������������������������������������������������������ 29 MOTOR VEHICLE ENFORCEMENT DIVISION RULES �������������������������������������������������������������������������������� 30 STOLEN VEHICLE RECOVERY�������������������������������������������������������������������������������������������������������������������������� 32 SALES TAX – MONTANA BROKERS �������������������������������������������������������������������������������������������������������������� 35 FAILURE TO DELIVER TITLES�������������������������������������������������������������������������������������������������������������������������� 35 FEDERAL CHANGES NHTSA ODOMETER RULE CHANGES DISCLOSURE EXEMPTION FROM TEN YEARS TO TWENTY YEARS������������������������������������������������������������������������������������������������������������������������������������������������������������������ 36
– DEALER LICENSE RESOURCE GUIDE – Ids Dealer License Education Program
IDS DEALER LICENSE EDUCATION
PROGRAM
WELCOME!
Welcome and thank you for choosing Independent Dealer Solutions to
obtain your license renewal education. We are committed to helping
dealers across the state of Utah to better understand what is required to
operate legally. This is not a class that simply fills a requirement, but a class
that offers solutions to keep you in compliance with the laws.
It is extremely important as a dealer in Utah that you understand and
properly disclose the sale of a motor vehicle. Consumers in Utah are suing
dealers and unwinding deals simply because dealers are not aware of all
the requirements and disclosures in selling a vehicle.
It has never been more apparent why the used vehicle industry must
unite together. Every year our legislature is looking at ways to regulate our
profession. Even though we are competitors, we must unite our efforts on
all government intervention.
Independent Dealer Solutions has worked for over 50 years on Capitol Hill “It has never been
to protect your interests and are very familiar with the laws governing this more apparent why
profession. We are not attorneys or legal council and suggest if you have the used vehicle
questions or issues specific to your dealership you should seek legal advice. industry must unite
We offer the best option for your education needs and hope you will together. Every year
continue to look to us for further information and solutions for your business. our legislature is
The mission of IDS is to better inform and educate dealers in Utah to looking at ways
avoid any unfair and unneeded legislation. Additionally, we seek to raise to regulate our
the level of professionalism of the industry and the confidence of the profession.…”
consuming public. We are dedicated to providing quality and professional
representation to dealers in Utah and meeting all your business needs.
We urge you to become invested in your profession by joining the Used
Car Dealers Association and sharing your ideas and issues that affect us all.
Working together there is nothing that we cannot do to meet our goals and
objectives. If you would like more information about the association and
what is available to you, don’t hesitate to contact us.
.
©2022 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com
PAGE vIds Dealer License Education Program – DEALER LICENSE RESOURCE GUIDE –
Welcome, Continued…
Our Industry Anti-Trust Statement Disclosure:
Independent Dealers Solutions is organized to promote,
develop and, maintain the advancement of the used
vehicle dealer, powersport dealer, marine dealer and
WHAT IS AN ANTI-TRUST recreation vehicle dealer. IDS does not intended to
AND WHY IT’S BAD? and may not play a role in the competitive decisions
Congress passed the first antitrust law, the Sherman of its customers, and employees or in any way
Act, in 1890 as a “comprehensive charter of economic restrict competition in any aspect of the automotive
liberty aimed at preser ving free and unfettered industry. Though this statement of policy makes it clear
competition as the rule of trade.” In 1914, Congress unequivocal support for the policy of competition
passed two additional antitrust laws: the Federal served by the antitrust laws and its uncompromising
Trade Commission Act, which created the FTC, and the
intent to comply strictly in all respects with those laws.
Clayton Act. With some revisions, these are the three
It is the individual responsibility of every dealer to be
core federal antitrust laws still in effect today.
guided by the antitrust laws. It is not the role of IDS
to act as arbiter or judge of competitive conduct of
industry members. As such, this statement of antitrust
policy is not a mechanism through which members or
customers could charge another member or customer
with alleged illegal action.
This is a great industry because of the people in it
who have a vision of what the future can bring. We
want to make sure that government does not impose
restrictions that will inhibit business or effect commerce
in a negative way. We thank those in government who
also share the same vision.
Be active in sharing ideas and concerns about this
industry with us. We can only represent your interests
if you tell us what they are. We represent dealers both
big and small and will always protect free enterprise.
Please let us know what we can do for you to further
your success in this industry.
www.IndependentDealerSolutions.com – 801.566.3802 – ©2022 Copyright – CONFIDENTIAL
PAGE vi– DEALER LICENSE RESOURCE GUIDE – Ids Dealer License Education Program
COPYRIGHT POLICY & INFRINGEMENT
For more than 45 years IDS has spent a large amount of time,
money, and effort in helping dealers meet compliance with required
disclosures and forms. We have developed and maintained these
forms for dealers to purchase them from us.
In light of the number of violations we continue seeing, we are
continually preparing notices to every printing facility in Utah outlining
the forms we have copyright protection. If they have been printing our
protected forms, we will ask them to cease and desist and to disclose
any business who has ordered forms or any similar version of the form.
This also will include all software companies who have programed our
forms into your system without our permission. Making variations to
the form is still a violation as well as removing a copyright designation
is a violation. Penalties can be very sever for the print company and
the dealer.
IDS has hired a top level law firm specializing in copyright protection
that is investigating all copyright violations for us and taking appropriate
action.
To avoid this situation from being a problem for your dealership, you
or your printer or software company should contact IDS to work out
a solution. Our primary solution is to work with you, your printer and
your software provider, enabling you to have the proper forms and
disclosure to keep your dealership in compliance.
We still provide the best prices and always maintain the most current
version of the forms as the laws change. We hope you understand our
position, as I know you would not want someone else using your name
to sell cars without your permission.
Here is a basic list of copyrighted forms owned by IDS for your review.
If you have questions whether your forms violate our copyright
protection, feel free to contact us without fear of reprisal.
This list includes the following:
• Motor Vehicle Contract of Sale
• Test Drive Agreement
• Authorization for Payoff & Lien Holder Notification
• Vehicle As-Is Agreement No Implied Warranty
• Goodwill Service Agreement
• Down Payment Disclosure
• Dealer Consignment Agreement
• Dealer Wholesale Only
• Agreement to Furnish Insurance
• Trade In Vehicle Appraisal
• Safety Recall Notice
• Deal Jacket #14 & #15
©2022 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com
PAGE viiIds Dealer License Education Program – DEALER LICENSE RESOURCE GUIDE –
Industry Resources & Partners
CORPORATE OFFICE:
7414 South State St.
Midvale, UT 84047 Independent Dealer Solutions
Ph: 801.566.3802
Fx: 801.566.0708 www.idsinfo.com
Located in Midvale, Ogden, and Orem.
OGDEN OFFICE: IDS Offices carry promotional products, forms, dealer supplies, guide
books and more for all your dealership needs. Some products such as
3544 Lincoln Ave. #9
custom items or specialty items may need to be ordered and sent to
Ogden, UT 84405
you at a later time.
Ph: 801.621.5869
IDS also provides title and registration services. Bring your paperwork
into one of our three offices and have your paperwork processes
just like at a DMV office. Service fees apply based on the type of
OREM OFFICE: paperwork turnaround service you would like.
905 S. Orem Blvd Temporary Permits are available for purchase at any IDS office.
Orem, UT 84058
Ph: 801.852.9003 IDS is not a Legal Attorney Office. IDS suggests that you contact your
attorney to review any and all paperwork and business decisions
within your dealership.
Attorneys:
Bryan Fishburn
Fishburn & Associates
4505 Wasatch Blvd E # 215, Salt Lake City, UT 84124
(801) 277-3445
IDS CORPORATE OFFICE
(MIDVALE) LOCATION Richard Madsen II
Ray Quinney & Nebeker P.C.
36 South State Street, Suite 1400, Salt Lake City, Utah 84111
(801) 323-3392
Insurance:
Curtis J Vernon Insurance
46 West 200 South, Bountiful, UT 84010
þ REPORT PROBLEMS: ph: 801.292.5529
http://MVED.Utah.gov or
Call 1.800.297.2600
Local Association:
Used Car Dealers of Utah (UCDU)
7414 S State Street, Midvale, UT 84047
ph: 801.438.2520
info@utahdealers.com
www.IndependentDealerSolutions.com – 801.566.3802 – ©2022 Copyright – CONFIDENTIAL
PAGE viii– DEALER LICENSE RESOURCE GUIDE – Passed Bills
PASSED BILLS
1SHB 38 - PROPERTY THEFT AMENDMENTS
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Karen Mayne
- - - - - EFFECTIVE DATE & ACTION - - - - -
This bill adds certain catalytic converter purchasers to the EFFECTIVE DATE:
Pawnshop and Secondhand Merchandise Transaction
May 4, 2022
Information Act; requires certain catalytic converter
purchasers to document and input information into July 1, 2022
the central database for pawnshops and secondhand ACTION:
businesses; sets penalties for a catalytic converter
Report catalytic converter thefts to local police,
purchaser’s failure to document and input required MVED, UCDU, and your insurance agent.
information into the central database; requires certain
catalytic converter purchasers to meet specific Beware of persons wanting to sell you catalytic
requirements in the Pawnshop and Secondhand
converters.
Merchandise Transaction Information Act, including
holding period requirements; an annual fee; annual
training requirements; and certain penalties; provides
certain reporting requirements regarding catalytic
converter theft for the multi-agency joint strike force;
limits the type of payment for certain purchases of a
catalytic converter; modifies the membership of the
Pawnshop and Secondhand Merchandise Advisory
Board; modifies the presumptions for stolen property
in certain situations; provides penalties for the theft
of a catalytic converter; and makes technical and
conforming changes.
(a) “Catalytic converter purchase” means a purchase
from an individual of a used catalytic converter that is
no longer affixed to a vehicle.
LEGISLATIVE BILL EFFECTIVE DATE
OPTIONS
(b) “Catalytic converter purchase” does not mean a
Legislative bills have three options for the
purchase of a catalytic converter:
implementation date. If a bill does not specify
(i) from a business regularly engaged in automobile the effective date, then the bill becomes law 60
repair, crushing, dismantling, recycling, or salvage; days following the legislative session. The three
options include:
(ii) from a new or used vehicle dealer licensed under
Title 41, Chapter 3, Motor Vehicle Business Regulation • Upon the signature of the Governor.
Act; • A date specified in the legislative bill.
(iii) from another catalytic converter purchaser; or • 60 days following the Legislative Session.
(iv) that has never been affixed to a vehicle. May 4, 2022 is 60 days following the legislative
session this year.
©2022 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com
PAGE 1Passed Bills – DEALER LICENSE RESOURCE GUIDE –
13-32a-104.7. Database information from catalytic
converter purchasers - Penalties.
(1) As soon as practicable, but no later than January 1,
2023, a catalytic converter purchaser shall document
information for each catalytic converter purchase as
required under this section and upload the information
to the central database under Section 13-32a-106.
(2) A catalytic converter purchaser shall document the
following information regarding a catalytic converter
purchase:
(a) the date and time of the catalytic converter
purchase;
(b) the following information regarding the individual
selling the catalytic converter:
(i) the individual’s:
(A) full name and date of birth as they appear on the
individual’s identification;
(B) residence address;
(C) telephone number; and
(D) signature on a certificate stating that the individual
has the legal right to sell the catalytic converter;
(ii) the type of identification the individual presents
under Subsection (2)(b)(i)(A) and the unique number
on the identification;
(iii) a color digital photograph or still video of the
individual taken at the time of the sale, or a clearly
legible photocopy of the individual’s identification;
and
(iv) except as provided in Subsection (3), an electronic
or tangible legible fingerprint of the individual’s right
index finger, or if the right index finger cannot be
fingerprinted, a legible fingerprint of the individual with
a notation identifying the finger fingerprinted and the
reason why the right index fingerprint is unavailable;
(c) the amount paid for the catalytic converter;
(d) the full name of the individual conducting the
purchase on behalf of the catalytic converter
purchaser or the initials or unique identifying employee
number, if the catalytic converter purchaser maintains
a record of the initials or unique identifying employee
number of the individual;
www.IndependentDealerSolutions.com – 801.566.3802 – ©2022 Copyright – CONFIDENTIAL
PAGE 2– DEALER LICENSE RESOURCE GUIDE – Passed Bills
(e) an accurate description of the catalytic converter,
with available identifying marks,
including:
(i) if available, the name, brand name, number, serial
number, model number, manufacturer information,
and size of the catalytic converter;
(ii) any marks of identification or indicia of ownership
on the catalytic converter;
(iii) the weight of the catalytic converter, if the payment
is based on weight; and
(iv) other unique identifying characteristics of the
catalytic converter; and
(f) a color, digital photograph of the catalytic converter.
(3) If the individual selling a catalytic converter to the
catalytic converter purchaser previously has sold one
or more catalytic converters to the catalytic converter
purchaser, the catalytic converter purchaser is not
required to obtain the fingerprint under Subsection (2)
(b)(iv).
(4) A catalytic converter purchaser may not accept a
catalytic converter if, upon inspection, it is apparent
that the serial number or identifying characteristics
have been intentionally defaced on the catalytic
converter.
(5) The division shall establish standards and criteria for
fingerprint legibility under Subsection (2)(b)(iv) by rule
made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(6) A violation of this section is a class B misdemeanor
and is also subject to civil penalties under Section 13-
32a-110.
13-32a-118. Payment limitation for catalytic converter
purchases.
(1) A catalytic converter purchaser, when making a
catalytic converter purchase, may not pay the seller
for the catalytic converter with cash or a gift card.
(2) Subsection (1) does not apply to a catalytic
converter purchase in which the amount paid to the
seller is under $100.
©2022 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com
PAGE 3Passed Bills – DEALER LICENSE RESOURCE GUIDE –
4SSB 109 - TOWING AMENDMENTS
Chief Sponsor: Michael K. McKell
House Sponsor: Joel Ferry
- - - - - EFFECTIVE DATE & ACTION - - - - -
EFFECTIVE DATE:
Highlighted Provisions:
October 15, 2022
This bill requires submission of a certain form to the
ACTION: Division of Motor Vehicles and notification of the
If you are getting charged or being asked to pay owner of a vehicle if the vehicle is removed; amends
for unauthorized charges or are not allowed
provisions related to the sale or transfer of a vehicle,
access to an impounded vehicle contact:
vessel, or outboard motor that has been impounded
UDOT Motor Carrier Division – Tow Company that has not been claimed or recovered by the owner
Investigator, Courtney Minchey - 385.235.0763 or lienholder; grants rulemaking authority to prescribe
the format and contents of the form to be submitted
to the Division of Motor Vehicles; allows a tow truck
motor carrier to charge an after-hour fee if an owner
requests release of a vehicle after normal business
hours; prohibits a tow truck motor carrier or tow truck
operator from sharing personal information of or
referring other services to a person for whom the tow
truck motor carrier or tow truck operator has performed
a tow service; and makes technical changes.
41-1a-1103. Sale.
(1) (a) To determine the model year of a vehicle, vessel,
or outboard motor as described in this section, the
division shall use the model year assigned to a vehicle,
vessel, or outboard motor based on:
(i) the vehicle identification number assigned by the
division; or
(ii) if the division has not assigned a vehicle identification
number, the vehicle identification number assigned by
the manufacturer.
(b) To determine the age of a vehicle, vessel, or
outboard motor as described in this section, the division
shall use the date of the impoundment of the vehicle,
vessel, or outboard motor.
(2) (a) For a vehicle, vessel, or outboard motor with
a model year of eight years old or older, if the owner
or lienholder of a seized vehicle, vessel, or outboard
motor does not recover the vehicle, vessel, or outboard
motor within 30 days from the date of [seizure,] the
original notice described in Section 41-6a-1406, or if the
division is unable to determine the owner or lienholder
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PAGE 4– DEALER LICENSE RESOURCE GUIDE – Passed Bills
through reasonable efforts, the division shall [sell] issue
a certificate of sale for the vehicle, vessel, or outboard
motor to the tow truck motor carrier in possession of
the vehicle, vessel, or outboard motor upon request by
the tow truck motor carrier.
(i) For a vehicle, vessel, or outboard motor with a
model year of eight years old or older, if the owner or
lienholder of a vehicle, vessel, or outboard motor seized
under Section 41-1a-1101 and subsequently released
by the division fails to take possession of the vehicle,
vessel, or outboard motor and satisfy the amount due
to the place of storage within 30 days from the date of
release, the division shall 30 days from the date of the
original notice described in Section 41-6a-1406, issue a
certificate of sale for the vehicle, vessel, or outboard
motor to the tow truck motor carrier in possession of
the vehicle, vessel, or outboard motor upon request
by the tow truck motor carrier, in accordance with this
section.
(ii) For a vehicle, vessel, or outboard motor with a
model year of eight years old or older, if the owner or
lienholder of a vehicle, vessel, or outboard motor seized
under Section 41-1a-1101 and subsequently released
by the division fails to take possession of the vehicle,
vessel, or outboard motor and satisfy the amount due
to the place of storage within 20 days from the original
notice described in Section 41-6a-1406, the tow truck
motor carrier shall notify the division, and the division
shall renotify the owner or lienholder.
(3) For a vehicle, vessel, or outboard motor with a model
year seven years old or newer, if the owner or lienholder
of a seized vehicle, vessel, or outboard motor does not
recover the vehicle, vessel, or outboard motor within
60 days from the date of the original notice described
in Section 41-6a-1406, or if the division is unable to
determine the owner or lienholder through reasonable
efforts, the division shall sell the vehicle, vessel, or
outboard motor as described in Subsection(4).
(8) For a vehicle, vessel, or outboard motor with a
model year seven years old or newer, if the owner or
lienholder of a vehicle, vessel, or outboard motor seized
under Section 41-1a-1101 and subsequently released
by the division fails to take possession of the vehicle,
vessel, or outboard motor and satisfy the amount due
©2022 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com
PAGE 5Passed Bills – DEALER LICENSE RESOURCE GUIDE –
to the place of storage within 60 days from the date
of release, the division shall 60 days from the date of
the original notice described in Section 41-6a-1406, sell
the vehicle, vessel, or outboard motor as described in
Subsection (4).
For a vehicle, vessel, or outboard motor with a model
year of seven years old or newer, if the owner or
lienholder of a vehicle, vessel, or outboard motor seized
under Section 41-1a-1101 and subsequently released
by the division fails to take possession of the vehicle
vessel or outboard motor within 45 days of the original
notice described in Section 41-1a-1406, the tow truck
motor carrier shall notify the division, and the division
shall renotify the owner or lienholder.
41-6a-1406. Removal and impoundment of vehicles
-- Reporting and notification requirements --
Administrative impound fee -- Refunds -- Possessory
lien -- Rulemaking.
(1) If a vehicle, vessel, or outboard motor is removed
or impounded as provided under Section 41-1a-1101,
41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an
order of a peace officer or by an order of a person
acting on behalf of a law enforcement agency or
highway authority, the removal or impoundment of
the vehicle, vessel, or outboard motor shall be at the
expense of the owner.
(2) The vehicle, vessel, or outboard motor under
Subsection (1) shall be removed or impounded to a
state impound yard.
(3) The peace officer may move a vehicle, vessel, or
outboard motor or cause it to be removed by a tow
truck motor carrier that meets standards established:
(a) under Title 72, Chapter 9, Motor Carrier Safety Act;
and
(b) by the department under Subsection (10).
(4) (a) A report described in this Subsection (4) is
required for a vehicle, vessel, or outboard motor that is:
(i) removed or impounded as described in Subsection
(1); or
(ii) removed or impounded by any law enforcement or
government entity.
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PAGE 6– DEALER LICENSE RESOURCE GUIDE – Passed Bills
(b) [Immediately] Before noon on the next business
day after the date of the removal of the vehicle,
vessel, or outboard motor, a report of the removal shall
be sent to the Motor Vehicle Division by:
(i) the peace officer or agency by whom the peace
officer is employed; and
(ii) the tow truck operator or the tow truck motor carrier
by whom the tow truck operator is employed.
(c) The report shall be in a form specified by the Motor
Vehicle Division and shall include:
(i) the operator’s name, if known;
(ii) a description of the vehicle, vessel, or outboard
motor;
(iii) the vehicle identification number or vessel or
outboard motor identification number;
(iv) the license number, temporary permit number, or
other identification number issued by a state agency;
(v) the date, time, and place of impoundment;
(vi) the reason for removal or impoundment;
(vii) the name of the tow truck motor carrier who
removed the vehicle, vessel, or outboard motor; and
(viii) the place where the vehicle, vessel, or outboard
motor is stored.
(d) In accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the State Tax
Commission shall make rules to establish proper format
and information required on the form described in this
subsection (4).
(e) Until the tow truck operator or tow truck motor carrier
reports the removal as required under this Subsection
(4), a tow truck motor carrier or impound yard may not:
(i) collect any fee associated with the removal; and
(ii) begin charging storage fees.
(5) (a) Except as provided in Subsection (5)(e) and
upon receipt of the report, the Motor Vehicle Division
shall give notice, in the manner described in Section
41-1a-114, to the following parties with an interest in the
vehicle, vessel, or outboard motor, as applicable:
(i) the registered owner;
(ii) any lien holder; or
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PAGE 7Passed Bills – DEALER LICENSE RESOURCE GUIDE –
(iii) a dealer, as defined in Section 41-1a-102, if the
vehicle, vessel, or outboard motor is currently operating
under a temporary permit issued by the dealer, as
described in Section 41-3-302.
(20) A tow truck motor carrier or a tow truck operator
may not:
(a) share contact or other personal information of an
owner of a vehicle, vessel, or outboard motor for which
the tow truck motor carrier or tow truck operator has
performed a tow service;
(b) receive payment for referring a person for whom
the tow truck motor carrier or tow truck operator has
performed a tow service to another service, including:
(i) a lawyer referral service;
(ii) a medical provider;
(iii) a funding agency;
(iv) a marketer for any service described in Subsections
(20)(b)(i) through (iii);
(v) a marketer for any other service; or
(vi) a third party vendor.
3SSB 51 TRANSPORTATION AMENDMENTS
- - - - - EFFECTIVE DATE & ACTION - - - - -
Chief Sponsor: Wayne A. Harper
EFFECTIVE DATE: House Sponsor: Kay J. Christofferson
May 4, 2022 - Effective date for Vintage Plate
processing.
July 1, 2022 - Hiring date for a prosecutor for Highlighted Provisions:
MVED from the Attorney General’s Office.
This bill makes technical changes to correct
ACTION: inaccurate or outdated cross references; allows
Educate customers about vintage plate changes the State Tax Commission to delay the expiration of
vehicle registrations in circumstances where materials
Report violators to MVED for:
for registration decals are temporarily unavailable;
Curbing – selling without a license at the time of registration, requires a vintage vehicle
Odometers discrepancies that has a model year of 1981 or newer to provide
proof of an emissions inspection; or provide proof of
Salvage & Branding disclosures
vehicle insurance that is a type specific to a collector
Advertising violations vehicle; for a vintage vehicle that has a model year
Be sure to check for proper registration fees for of 1981 or newer: increases the registration fee by 50
different types of vehicles you sell. cents; allows the State Tax Commission to use 50 cents
of the increased registration fee to cover the costs to
administer the vintage vehicle registration program;
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PAGE 8– DEALER LICENSE RESOURCE GUIDE – Passed Bills
and allows certain vintage vehicles to display a
historical support special group license plate instead of
a vintage vehicle license plate; for a vintage vehicle,
removes the requirement to display a front license plate;
amends provisions related to the Office of the Attorney
General in prosecution of certain cases related to
motor vehicle enforcement; allows the Department of
Public Safety to establish a pilot program to establish
a public-private partnership to manage certain tow
rotation dispatch services; amends certain allocations
of funding for transportation projects; clarifies a
definition related to local option sales and use taxes
for public transit; and makes technical changes.
(3)(a) In the event that materials are temporarily
unavailable for registration items required under
Section 41-1a-402, the commission may delay initial
vehicle registration or renewal of vehicle registrations.
(b) In a circumstance described in Subsection (3)(a),
a person does not violate Subsection (1) for failure to
register a vehicle during a delay period described in
Subsection (3)(a).
(3) Before registration of a vintage vehicle that has a
model year of 1981 or newer, an owner shall:
(a) obtain a certificate of emissions inspection as
provided in Section 41-6a-1642; or
(b) provide proof of vehicle insurance coverage for
the vintage vehicle that is a type specific to a vehicle
collector.
(3) (a) Except as provided in Subsection (3)(a)(iii),
all license plates to be manufactured and issued
by the division shall be treated with a fully reflective
material on the plate face that provides effective and
dependable reflective brightness during the service
period of the license plate.
(ii) Except as provided in Subsection (3)(a)(iii), for a
historical support special group license plate created
under this part, the division shall procure reflective
material to satisfy the requirement under Subsection
(3)(a)(i) as soon as such material is available at a
reasonable cost.
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PAGE 9Passed Bills – DEALER LICENSE RESOURCE GUIDE –
(iii) Notwithstanding the reflectivity requirement
described in Subsection (3)(a)(i), the division may
manufacture and issue a historical support special
group license plate without a fully reflective plate face
if:
(A) the historical special group license plate is
requested for a vintage vehicle that has a model year
of 1980 or older; and
(B) the division has manufacturing equipment and
technology available to produce the plate in small
quantities.
41-1a-404. Location and position of plates -- Visibility
of plates -- Exceptions.
(b) (i) An owner of a vintage vehicle shall ensure that
a license plate is attached to the rear of the vintage
vehicle.
(ii) An owner of a vintage vehicle is not required to
display a license plate on the front of the vintage
vehicle.
(ii) An applicant for a historical special group license
plate is not required to make a donation to the Utah
State Historical Society if the historical special group
license plate is for a vintage vehicle that has a model
year of 1980 or older.
(c) Fifty cents of the registration fee imposed under
Subsection 41-1a-1206(1)(i) for each vintage vehicle
that has a model year of 1981 or newer may be used
by the commission to cover the costs incurred in
enforcing and administering this part.
(10) The Office of the Attorney General shall provide
prosecution of this chapter.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023 to the Office
of the Attorney General -- Internal Service Fund --
Attorney General from the Dedicated Credits Revenue
Temporary Permit Account, $192,000.
(4) The following vehicles are exempt from an emissions
inspection program and the provisions of this section:
(c) a vintage vehicle as defined in Section 41-21-1[;]:
(i) if the vintage vehicle has a model year of 1980 or
older; or
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PAGE 10– DEALER LICENSE RESOURCE GUIDE – Passed Bills
(ii) for a vintage vehicle that has a model year of
1981 or newer, if the owner provides proof of vehicle
insurance that is a type specific to a vehicle collector;
53-1-106.2. Towing dispatch pilot program.
(1) The department shall evaluate the availability
of vendors, products, and technology capable of
increasing efficiency, effectiveness, and transparency
in the dispatching of towing providers and
management of towing rotations in counties of the first
or second class as classified under Section 17-50-501
that experience high demand for tow truck services.
3SHB104 - STATE EMPLOYMENT AMENDMENTS
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: Evan J. Vickers
- - - - - EFFECTIVE DATE & ACTION - - - - -
Highlighted Provisions:
EFFECTIVE DATE:
This bill requires the Division of Human Resource
May 4, 2022
Management (division) to provide training for
supervisors of state agency employees; requires a July 1, 2022
supervisor to attend the training; requires the division ACTION:
to establish a pay for performance management
Report inappropriate MVED officer actions. These
system; requires the division to make rules allowing can be reported to both MVED and the Used Car
an employee to receive a wage that exceeds the Dealers of Utah (UCDU).
employee’s salary range if necessary to recognize
the employee’s performance; requires a state
UCDU:
agency, no later than July 1, 2023, to evaluate and 801.438.2520 or info@utahdealers.com
pay employees based on performance; provides
that a state employee hired in a supervisor position
on or after July 1, 2022, is exempt from the career
service system; allows a state employee in a supervisor
position who holds career service status before July 1,
2022, to retain the employee’s career service status
or convert to career-service exempt status by July 1,
2023; prohibits the Career Service Review Office from
taking jurisdiction of a matter that an employer has not
had an opportunity to address; clarifies the process for
filing a grievance; repeals longevity and promotion
salary increases for certain state employees; except
in certain circumstances, requires an employee to
submit a grievance within 10 working days; and makes
conforming changes.
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PAGE 11Passed Bills – DEALER LICENSE RESOURCE GUIDE –
SB 64 - IDENTIFICATION FOR VEHICLE
REGISTRATION AMENDMENTS
Chief Sponsor: Gene Davis
House Sponsor: Stephanie Pitcher
- - - - - EFFECTIVE DATE & ACTION - - - - -
EFFECTIVE DATE:
May 4, 2022 Highlighted Provisions:
ACTION: This bill amends identification requirements to register
Be sure to include government issued ID a vehicle.
information on all TC-656 registration forms. 41-1a-210.5. Government-issued identification
This does not need to be a Utah issued ID. If the required on new registrations.
customer is from out of the country, a foreign
government ID such as drivers license or passport [The division, before issuing any new registration on
can be used. Make sure you identify the country or the sale of a vehicle not sold by a vehicle dealer, shall
state on any ID on the TC-656 registration form. require the applicant or person making the application
to show proof that the applicant or person making the
application has a valid driver license.]
41-1a-210.5. Government-issued identification
required on new registrations.
Subject to Section 63G-15-201, the division, before
issuing any new registration on a vehicle, shall require
that the applicant provide valid government-issued
identification.
5SHB 336 - VEHICLE REGISTRATION
MODIFICATIONS
- - - - - EFFECTIVE DATE & ACTION - - - - - Chief Sponsor: Stephanie Pitcher
EFFECTIVE DATE:
Senate Sponsor: Todd D. Weiler
July 1, 2022
ACTION:
Educate your customer of the civil penalty of up Highlighted Provisions:
to $1000. This bill allows a county to investigate to determine if
a vehicle owner has provided a false or an improper
address to register a vehicle to avoid an emissions
inspection; allows a county to impose a civil penalty;
and makes technical changes.
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PAGE 12– DEALER LICENSE RESOURCE GUIDE – Passed Bills
(a) If a county has reason to believe that a
vehicle owner has provided an address as required
in Section 41-1a-209 to register or attempt to register
a motor vehicle in a county other than the county of
the bona fide residence of the owner in order to avoid
an emissions inspection required under this section,
the county may investigate and gather evidence to
determine whether the vehicle owner has used a false
address or an address other than the vehicle owner’s
bona fide residence or place of business.
(b) If a county conducts an investigation as described
in Subsection (14)(a) and determines that the vehicle
owner has used a false or improper address in an
effort to avoid an emissions inspection as required in
this section, the county may impose a civil penalty of
$1,000.
HB 108 - VEHICLE INSPECTION AMENDMENTS
Sponsor: Walt Brooks
Senate Sponsor: Evan J. Vickers
- - - - - EFFECTIVE DATE - - - -
Highlighted Provisions: EFFECTIVE DATE:
This bill allows certain other parties to perform vehicle May 4, 2022
identification number inspections if an applicant shows
that a vehicle identification inspection is impractical
given the circumstances; and makes technical
changes.
41-1a-802. Identification number inspectors -- Duties.
(1) The following are qualified identification number
inspectors:
(a) the commission;
(b) designated officers and employees of the division;
(c) a person operating a safety inspection station
under Title 53, Chapter 8, Part 2, Motor Vehicle Safety
Inspection Act;
(d) an official inspection station certified inspector;
(e) a dealer licensed under Subsection 41-3-202(1), (2),
(3), or (4); [and]
(f) all peace officers or designated employees of law
enforcement agencies of the state[.];
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PAGE 13Passed Bills – DEALER LICENSE RESOURCE GUIDE –
(g) all peace officers of the federal government,
another state, the District of Columbia, or Canada; or
(h) other qualified identification number inspectors
expressly authorized by the division.
2SHB 186 - VEHICLE REGISTRATION
AMENDMENTS
- - - - - EFFECTIVE DATE - - - - Chief Sponsor: Raymond P. Ward
EFFECTIVE DATE: Senate Sponsor: Wayne A. Harper
January 1, 2023
ACTION: Highlighted Provisions:
Always check registration fees based on type of
vehicle being sold. Registraton fee charts are This bill amends the motor vehicle registration fee for
available from IDS or the Used Car Dealers of Utah. certain vehicles; defines terms; modifies eligibility for the
Road Usage Charge Program (program); amends the
Department of Transportation’s rulemaking authority
related to the program; sets the road usage charge
rate and road usage charge cap for vehicles enrolled
in the program; beginning January 1, 2032, allows
the Transportation Commission to set the road usage
charge rate for vehicles enrolled in the program; and
makes technical changes.
(13) (a) Beginning on January 1, 2023:
(i) the road usage charge rate is 1.0 cent per mile; and
(ii) the road usage charge cap is:
(A) $130.25 for an annual registration period; and
(B) $100.75 for a six-month registration period.
(b) Beginning on January 1, 2026:
(i) the road usage charge rate is 1.25 cents per mile;
and
(ii) the road usage charge cap is:
(A) $180 for an annual registration period; and
(B) $139 for a six-month registration period.
(c) Beginning on January 1, 2032:
(i) the road usage charge rate is 1.5 cents per mile,
unless the commission establishes a different road
usage charge rate in accordance with Subsection
(14); and
(ii) the road usage charge cap is:
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PAGE 14– DEALER LICENSE RESOURCE GUIDE – Passed Bills
(A) $240 for an annual registration period;
4S SB 149 - TINTED VEHICLE
WINDOWS AMENDMENTS
Chief Sponsor: Daniel McCay
House Sponsor: Walt Brooks
Highlighted Provisions:
This bill amends the allowable window tint on motor
vehicle windows. - - - - - EFFECTIVE DATE - - - -
41-6a-1635. Windshields and windows -- Tinting -- EFFECTIVE DATE:
Obstructions reducing visibility -- Wipers -- Prohibitions. May 4, 2022
(1) Except as provided in Subsections (2), (3), and (4) a
person may not operate a motor vehicle with:
(a) a windshield that allows less than 70% light
transmittance;
(b) a front side window that allows less than [43%]
[25%] 35% light transmittance, with no more than a 5%
variance observed by a peace officer metering the
light transmittance;
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PAGE 15Passed Bills – DEALER LICENSE RESOURCE GUIDE –
2SSB227 - CONSUMER PRIVACY ACT
Sponsor: Kirk A. Cullimore
- - - - - EFFECTIVE DATE - - - - House Sponsor: Brady Brammer
EFFECTIVE DATE:
December 31, 2023
Highlighted Provisions:
ACTION:
This bill provides consumers the right to: access and
Be compliant with Federal Safeguard Act
delete certain personal data maintained by certain
Follow federal guidelines that include: businesses; and opt out of the collection and use of
1. Organize business data personal data for certain purposes; requires certain
businesses that control and process consumers’
2. Minimize Risk
personal data to: safeguard consumers’ personal data;
3. Follow Disposal Plan provide clear information to consumers regarding how
4. Create a written Plan the consumers’ personal data are used; and accept
and comply with a consumer’s request to exercise
5. Train Employees the consumer’s rights under this bill; creates a right for
6. Develop a Response Plan a consumer to know what personal data a business
*Please note that there are changes to the FTC collects, how the business uses the personal data, and
Safeguards Act program. Additional details and whether the business sells the personal data; upon
webinars will be available through the Used Car request and subject to exceptions, requires a business
Dealers of Utah throughout the year. to delete a consumer’s personal data or stop selling
the consumer’s personal data; allows the Division
of Consumer Protection to accept and investigate
Additional federal disclosures required: consumer complaints regarding the processing of
Federal disclosure guidelines for sharing personal data; authorizes the Office of the Attorney
Information General to take enforcement action and impose
penalties; and makes technical changes.
Affiliated partners or providers info
Non-affiliated partners info
Patriot Act Requirements:
Identify and Verify customer personal information
Check & document known terrorists list or
provider lists.
Privacy Policy forms for your dealership can be
customized and ordered from IDS.
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PAGE 16– DEALER LICENSE RESOURCE GUIDE – Passed Bills
Safeguards
Compliance Course
Keep Your Dealership Compliant with the
FTC's Safeguards Requirements
Ensure your staff knows how to protect consumer information to
comply with the FTC requirements, avoid inadvertent exposure of
your customer's information, government enforcement actions,
lawsuits, and bad press.
Brought to you by Used Car Dealers of Utah. Powered by the
Dealer Education Portal.
Visit http://dealereducationportal.com/
Or scan the QR Code for info and registration
Only $75 for the Qualified Individual
Only $49 Each for All Other Employees
Sample policies and The course is flexible
agreements are included and on-demand to fit
at no additional charge your busy schedule
Volume purchase All users earn a
discounts available for certificate upon
members completion
©2022 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com
PAGE 17Passed Bills – DEALER LICENSE RESOURCE GUIDE –
Autto.com
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warranty company?
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As dealers, we know how stressful running a dealership can be. That’s why we built Autto — the
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Autto is more than a warranty program. It’s an entire platform that molds custom software with a
full suite of dealer obligor service products that put you in financial control. How?
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PAGE 18– DEALER LICENSE RESOURCE GUIDE – License Plates
LICENSE PLATES
1SHB368 - VEHICLE LICENSE PLATE
AND REGISTRATION AMENDMENTS
Sponsor: Norman K. Thurston
Senate Sponsor: Wayne A. Harper
Highlighted Provisions:
This bill amends provisions regarding standard license
plates; creates a moratorium on the personalized
- - - - - EFFECTIVE DATE - - - -
license plate program; creates the special group
license plate program; establishes eligibility criteria for EFFECTIVE DATE:
different categories of special group license plates; Did not pass.
allows a county to require an emissions inspection of a
vintage vehicle under certain circumstances; repeals
certain restricted accounts; and makes technical and
conforming changes.
NEW PLATES
HB 13 – Live On
1SHB 88 – Dark Sky Plate
SB 77 – Military Vehicle Plates
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PAGE 19License Plates – DEALER LICENSE RESOURCE GUIDE –
Visit www.niadaconvention.com to register or book your hotel.
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PAGE 20– DEALER LICENSE RESOURCE GUIDE – Ids Dealer License Education Program
- - - - - EFFECTIVE DATE - - - -
EFFECTIVE DATE:
May 4, 2022
LANGUAGE:
(12) During an audit under this section, a
franchisor may not request a document
from the franchisee that originated
from the franchisor or a subsidiary of
the franchisor, unless the document
required additional information from
the customer.
“Low-volume manufacturer” means a
manufacturer who:
(a) in this state, sells, displays for sale,
or offers for sale or exchange only new
motor vehicles of the person’s own line
make that are:
(i) (A) passenger vehicles with a gross
vehicle weight rating of 14,000 pounds
or less; or
(B) trucks with a gross vehicle weight
rating of 14,000 pounds or less; and
(ii) manufactured by the person; and
(b) constructs no more than 325 new
motor vehicles in any 12-month period.
- - - - - EFFECTIVE DATE - - - -
EFFECTIVE DATE:
July 1, 2022 to 2032
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PAGE 21Powersport & Marine Bills – DEALER LICENSE RESOURCE GUIDE –
RV DEALER FRANCHISE
3SSB 204 - AUTOMOBILE AMENDMENTS
Chief Sponsor: Curtis S. Bramble
- - - - - EFFECTIVE DATE - - - -
House Sponsor: Carl R. Albrecht
EFFECTIVE DATE:
January 1, 2023
ACTION: Highlighted Provisions:
If you sell an off highway vehicle, educate your This bill amends provisions regarding the timing of
customer about the new online education course charge backs for an incentive program; clarifies the
and new plating requirements. types of documents that a franchisor may request from
a franchisee during an audit; amends the definition of
“direct-sale manufacturer” to include small-volume
manufacturers; and makes technical and conforming
changes.
POWERSPORT & MARINE
BILLS
SB27 - UTAH POWERSPORT VEHICLE FRANCHISE
ADVISORY BOARD AMENDMENTS
Chief Sponsor: Curtis S. Bramble
House Sponsor: Joel Ferry
Highlighted Provisions:
This bill amends the appointment of members to the
Advisory Board; sunsets the Advisory Board in 2032;
and makes technical and conforming changes.
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PAGE 22– DEALER LICENSE RESOURCE GUIDE – Powersport & Marine Bills
3SHB180 - OFF-ROAD VEHICLE
SAFETY EDUCATION
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: Curtis S. Bramble
Highlighted Provisions:
This bill requires any individual operating an off-
highway vehicle to complete an online education
course; requires an individual under 18 years old
without a driver license to complete an operational
safety course before operating an off-highway vehicle;
requires an individual convicted of certain off-highway
vehicle laws to perform community services to repair
damages caused by the violation; amends provisions
related to off-highway vehicle registration and requires
issuance and display of a license plate on each off-
highway vehicle; and makes technical changes.
(4) (a) (i) Beginning on January 1, 2023, except as
provided in Subsection(4)(e), the first time an off-
highway vehicle is registered, the Motor Vehicle Division
shall issue one off-highway vehicle license plate, a
registration decal, and a registration card.
(ii) If an off-highway vehicle has been registered
previously in this state but has not been issued an off-
highway vehicle license plate, beginning on January
1, 2023, upon application for registration renewal,
the Motor Vehicle Division shall issue one off-highway
vehicle license plate, a registration decal, and a
registration card.
(c) The [registration sticker shall] off-highway vehicle
license plate:
(i) shall contain a unique five-digit number [using
numbers, letters, or combination of numbers and
letters] to identify the off-highway vehicle for which it
is issued;
(ii) shall be affixed to the rear of the off-highway vehicle
for which it is issued in a plainly visible and upright
position as prescribed by rule of the division under
Section 41-22-5.1; [and]
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PAGE 23Powersport & Marine Bills – DEALER LICENSE RESOURCE GUIDE –
(iii) shall be maintained free of foreign materials and in a
condition to be clearly legible;
(iv) shall be a distinct tan color with black lettering to identify
the license plate as an off-highway vehicle license plate;
(v) shall have a location to attach the registration decal; and
(vi) may not be a personalized license plate or a special
group license plate.
(d) At all times, a registration card shall be kept with the off-
highway vehicle and shall be available for inspection by a
law enforcement officer.
(e) An off-highway vehicle that is a motorcycle is:
(i) not required to obtain or display an off-highway vehicle
- - - - - EFFECTIVE DATE - - - - license plate; and
EFFECTIVE DATE: (ii) required to obtain and display an off-highway vehicle
May 4, 2022 registration sticker.
41-22-12.2. Unlawful cross-country motor vehicle travel on
public land.
(1) A person may not operate and an owner of a motor
vehicle may not give another person permission to operate
a motor vehicle cross-country on any public land not
designated for that use by the controlling agency.
(2) A person who violates this section is guilty of an infraction.
(3) (a) (i) As part of any sentence for a conviction of a violation
of this section, the court shall order the person to perform
community service in the form of repairing any damage to
- - - - - EFFECTIVE DATE - - - - the public land caused by the unlawful cross-country motor
vehicle travel, with a minimum sentence calculated as
EFFECTIVE DATE:
described in Subsection (3)(b).
May 4, 2022
(ii) The court shall order the community service described
in Subsection (3)(a)(i) to occur at the location or locations
where the person caused damage to the public land.
(b) For the community service required in Subsection (3)(a),
the court shall:
(i) determine the approximate value of the damage caused
by the unlawful cross-country motor vehicle travel; and
(ii) calculate the number of hours of community service
required to cover the cost of the damage caused by dividing
the approximate value determined pursuant to Subsection
(3)(b)(i) by a rate of $25 per hour.
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PAGE 24You can also read
