Utah Code > Title 13 > Chapter 20 – New Motor Vehicle Warranties Act


§ 13-20-1	Short title
§ 13-20-2	Definitions
§ 13-20-3	Nonconforming motor vehicles — Repairs
§ 13-20-4	Nonconforming motor vehicles — Replacement — Refund — Criteria — Defenses
§ 13-20-5	Reasonable number of attempts to conform
§ 13-20-6	Enforcement — Limited liability of dealer — No limit on other rights or remedies
§ 13-20-7	Use of dispute settlement procedure
§ 13-20-8	Mediation concerning nonconformity in recreational vehicle trailer

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Terms Used In Utah Code > Title 13 > Chapter 20 - New Motor Vehicle Warranties Act

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if:
     (3)(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
     (3)(b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
     (3)(c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arrest: Taking physical custody of a person by lawful authority.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Camper: means a 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. See Utah Code 41-1a-102
Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Commercial vehicle: means a motor vehicle, trailer, or semitrailer used or maintained for the transportation of persons or property that operates:
(14)(a) as a carrier for hire, compensation, or profit; or
(14)(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the owner's commercial enterprise. See Utah Code 41-1a-102
Commission: means the Judicial Conduct Commission established by Utah Constitution Article VIII, § 13, and this chapter. See Utah Code 78A-11-102
Commission: means the State Tax Commission. See Utah Code 41-1a-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Complaint: includes :
(2)(a)(i) a written complaint against a judge; or
(2)(a)(ii) an allegation based on reliable information received in any form, from any source, that alleges, or from which a reasonable inference can be drawn that a judge is in violation of any provision of Utah Constitution Article VIII, § 13. See Utah Code 78A-11-102
Consumer: means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Section 13-20-5. See Utah Code 13-20-2
Consumer price index: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102
Contiguous: means :
(2)(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
(2)(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 10-9a-103
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Diesel fuel: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
Electric motor vehicle: means a motor vehicle that is powered solely by an electric motor drawing current from a rechargeable energy storage system. See Utah Code 41-1a-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Farm truck: means a truck used by the owner or operator of a farm solely for the owner's or operator's own use in the transportation of:
          (24)(a)(i) farm products, including livestock and its products, poultry and its products, floricultural and horticultural products;
          (24)(a)(ii) farm supplies, including tile, fence, and any other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production; and
          (24)(a)(iii) livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of a farm. See Utah Code 41-1a-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Fleet: means one or more commercial vehicles. See Utah Code 41-1a-102
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
Gross laden weight: means the actual weight of a vehicle or combination of vehicles, equipped for operation, to which shall be added the maximum load to be carried. See Utah Code 41-1a-102
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Hybrid electric motor vehicle: means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both:
(29)(a) an internal combustion engine or heat engine using consumable fuel; and
(29)(b) a rechargeable energy storage system where energy for the storage system comes solely from sources onboard the vehicle. See Utah Code 41-1a-102
Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
     (28)(a) runs with the land; and
     (28)(b)
          (28)(b)(i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or
          (28)(b)(ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 10-9a-103
Investigation: means an inquiry into an allegation of misconduct, including a search for and examination of evidence concerning the allegations, which begins upon the receipt of a complaint and is completed when either the complaint is dismissed by a majority vote of the commission or when an order is sent to the Supreme Court for its review in accordance with Utah Constitution Article VIII, § 13. See Utah Code 78A-11-102
Judge: includes the chief justice of the Supreme Court, a justice of the Supreme Court, a judge of the Court of Appeals, a judge of the Business and Chancery Court, a district court judge, an active senior judge, a juvenile court judge, a justice court judge, an active senior justice court judge, and a judge pro tempore of any court of this state. See Utah Code 78A-11-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Land use authority: means :
(31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(32)(a) a land use permit; or
(32)(b) a land use application. See Utah Code 10-9a-103
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legislative body: means the municipal council. See Utah Code 10-9a-103
Lien: A claim against real or personal property in satisfaction of a debt.
Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102
Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
(38)(a)(i) whether or not the lots are located in the same subdivision; and
(38)(a)(ii) with the consent of the owners of record. See Utah Code 10-9a-103
Manufacturer: means manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle. See Utah Code 13-20-2
Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
Motor fuel: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102
Motor home: means a self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational, and vacation use. See Utah Code 13-20-2
Motor vehicle: includes :
          (4)(a)(i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis sold in this state;
          (4)(a)(ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state; and
          (4)(a)(iii) a motorcycle, as defined in Section 41-1a-102, sold in this state if the motorcycle is designed primarily for use and operation on paved highways. See Utah Code 13-20-2
Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
Motorboat: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
Motorcycle: means :
(43)(a) 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; or
(43)(b) an autocycle. See Utah Code 41-1a-102
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipal utility easement: means an easement that:
     (42)(a) is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use;
     (42)(b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
     (42)(c) the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines;
     (42)(d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;
     (42)(e)
          (42)(e)(i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and
          (42)(e)(ii) is located in a utility easement granted for public use; or
     (42)(f) is described in Section 10-9a-529 and is used by a specified public utility. See Utah Code 10-9a-103
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Natural gas: means a fuel of which the primary constituent is methane. See Utah Code 41-1a-102
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. See Utah Code 41-1a-102
Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102
Operate: includes testing of an automated driving system. See Utah Code 41-1a-102
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
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. See Utah Code 41-1a-102
Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
Park model recreational vehicle: means a unit that:
     (53)(a) is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;
     (53)(b) is not permanently affixed to real property for use as a permanent dwelling;
     (53)(c) requires a special highway movement permit for transit; and
     (53)(d) is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode. See Utah Code 41-1a-102
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Personalized license plate: means a license plate that has displayed on it a combination of letters, numbers, or both as requested by the owner of the vehicle and assigned to the vehicle by the division. See Utah Code 41-1a-102
Plaintiff: The person who files the complaint in a civil lawsuit.
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
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. See Utah Code 41-1a-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
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. See Utah Code 41-1a-102
Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103
Quorum: The number of legislators that must be present to do business.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 10-9a-103
Recreational vehicle trailer: means a travel trailer, camping trailer, or fifth wheel trailer. See Utah Code 13-20-2
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 registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
Registration decal: means the decal issued by the division that is evidence of compliance with the division's registration requirements. See Utah Code 41-1a-102
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Roadable aircraft: means the same as that term is defined in Section 72-10-102. See Utah Code 41-1a-102 v3
Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 10-9a-103
Semitrailer: means a 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. See Utah Code 41-1a-102
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
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. See Utah Code 41-1a-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
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). See Utah Code 41-1a-102
Statute: A law passed by a legislature.
Subdivision: includes :
(68)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
(68)(b)(ii) except as provided in Subsection (68)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 10-9a-608 that:
          (69)(a)(i) vacates all or a portion of the subdivision;
          (69)(a)(ii) alters the outside boundary of the subdivision;
          (69)(a)(iii) changes the number of lots within the subdivision;
          (69)(a)(iv) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
          (69)(a)(v) alters a common area or other common amenity within the subdivision. See Utah Code 10-9a-103
Subpoena: A command to a witness to appear and give testimony.
Symbol decal: means the decal that is designed to represent a special group and displayed on a special group license plate. See Utah Code 41-1a-102
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-1a-102
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. See Utah Code 41-1a-102
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
Vintage vehicle: means the same as that term is defined in Section 41-21-1. See Utah Code 41-1a-102
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5