Terms Used In Utah Code > Title 78B > Chapter 10a - Tort Arbitration

• Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
• All-terrain type II vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-6a-102 v2
• All-terrain type III vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-6a-102 v2
• Alley: means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic. See Utah Code 41-6a-102
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Auction: means a dealer engaged in the business of auctioning motor vehicles, either owned or consigned, to the general public. See Utah Code 41-3-102
• Autocycle: means the same as that term is defined in Section 53-3-102. See Utah Code 41-6a-102
• Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
• Commission: means the State Tax Commission. See Utah Code 41-3-102
• Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consignee: means a dealer who accepts vehicles for sale under an agreement that the dealer will pay the consignor for any sold vehicle and will return any unsold vehicles. See Utah Code 41-3-802
• Consignor: means a person who places a vehicle with a consignee for consignment sale. See Utah Code 41-3-802
• Controlled-access highway: means a highway, street, or roadway:
       (12)(a) designed primarily for through traffic; and
       (12)(b) to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway. See Utah Code 41-6a-102
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Direct-sale manufacturer: means a person:
       (9)(a) that is both a manufacturer and a dealer;
       (9)(b) that is:

            (9)(b)(i) an electric vehicle manufacturer; or

            (9)(b)(ii) a low-volume manufacturer;
       (9)(c) that is not a franchise holder;
       (9)(d) that is domiciled in the United States; and
       (9)(e) whose chief officers direct, control, and coordinate the person's activities as a direct-sale manufacturer from a physical location in the United States. See Utah Code 41-3-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Divided highway: means a highway divided into two or more roadways by:
       (16)(a) an unpaved intervening space;
       (16)(b) a physical barrier; or
       (16)(c) a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102
• Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
• Electric assisted bicycle: means a bicycle with an electric motor that:
            (18)(a)(i) has a power output of not more than 750 watts;
            (18)(a)(ii) has fully operable pedals;
            (18)(a)(iii) has permanently affixed cranks that were installed at the time of the original manufacture;
            (18)(a)(iv) is fully operable as a bicycle without the use of the electric motor; and
            (18)(a)(v) is one of the following:

                 (18)(a)(v)(A) a class 1 electric assisted bicycle;

                 (18)(a)(v)(B) a class 2 electric assisted bicycle;

                 (18)(a)(v)(C) a class 3 electric assisted bicycle; or

                 (18)(a)(v)(D) a programmable electric assisted bicycle. See Utah Code 41-6a-102
• Electric personal assistive mobility device: means a self-balancing device with:
            (19)(a)(i) two nontandem wheels in contact with the ground;
            (19)(a)(ii) a system capable of steering and stopping the unit under typical operating conditions;
            (19)(a)(iii) an electric propulsion system with average power of one horsepower or 750 watts;
            (19)(a)(iv) a maximum speed capacity on a paved, level surface of 12. See Utah Code 41-6a-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Franchise: includes a contract or agreement described in Subsection (20)(a) regardless of whether the contract or agreement is subject to Title 13, Chapter 14, New Automobile Franchise Act, Title 13, Chapter 35, Powersport Vehicle Franchise Act, or neither. See Utah Code 41-3-102
• Hi-rail vehicle: means a roadway maintenance vehicle that is:
       (27)(a) manufactured to meet Federal Motor Vehicle Safety Standards; and
       (27)(b) equipped with retractable flanged wheels that allow the vehicle to travel on a highway or railroad tracks. See Utah Code 41-6a-102
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
• Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
• Island: means an area between traffic lanes or at an intersection for control of vehicle movements or for pedestrian refuge designated by:
       (31)(a) pavement markings, which may include an area designated by two solid yellow lines surrounding the perimeter of the area;
       (31)(b) channelizing devices;
       (31)(c) curbs;
       (31)(d) pavement edges; or
       (31)(e) other devices. See Utah Code 41-6a-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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Low-speed vehicle: means a four wheeled electric motor vehicle that:
            (36)(a)(i) is designed to be operated at speeds of not more than 25 miles per hour; and
            (36)(a)(ii) has a capacity of not more than six passengers, including a conventional driver or fallback-ready user if on board the vehicle, as those terms are defined in Section Utah Code 41-6a-102
• Mobile home: means :
       (39)(a) a trailer or semitrailer that is:

            (39)(a)(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping place either permanently or temporarily; and

            (39)(a)(ii) equipped for use as a conveyance on streets and highways; or
       (39)(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a mobile home, as defined in Subsection (39)(a), but that is instead used permanently or temporarily for:

            (39)(b)(i) the advertising, sale, display, or promotion of merchandise or services; or

            (39)(b)(ii) any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Utah Code 41-6a-102
• Moped: means a motor-driven cycle having:
            (41)(a)(i) pedals to permit propulsion by human power; and
            (41)(a)(ii) a motor that:

                 (41)(a)(ii)(A) produces not more than two brake horsepower; and

                 (41)(a)(ii)(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. See Utah Code 41-6a-102
• Motor assisted scooter: means a self-propelled device with:
            (42)(a)(i) at least two wheels in contact with the ground;
            (42)(a)(ii) a braking system capable of stopping the unit under typical operating conditions;
            (42)(a)(iii) an electric motor not exceeding 2,000 watts;
            (42)(a)(iv) either:

                 (42)(a)(iv)(A) handlebars and a deck design for a person to stand while operating the device; or

                 (42)(a)(iv)(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
            (42)(a)(v) a design for the ability to be propelled by human power alone; and
            (42)(a)(vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102
• Motor vehicle: means a vehicle that is:
            (26)(a)(i) self-propelled;
            (26)(a)(ii) a trailer;
            (26)(a)(iii) a travel trailer;
            (26)(a)(iv) a semitrailer;
            (26)(a)(v) an off-highway vehicle; or
            (26)(a)(vi) a small trailer. See Utah Code 41-3-102
• Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
• Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having:
            (45)(a)(i) an engine with less than 150 cubic centimeters displacement; or
            (45)(a)(ii) a motor that produces not more than five horsepower. See Utah Code 41-6a-102
• Motorcycle: means :
       (44)(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or
       (44)(b) an autocycle. See Utah Code 41-6a-102
• New motor vehicle: means a motor vehicle that:
       (28)(a) has never been titled or registered; and
       (28)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 41-3-102
• Off-highway vehicle: means the same as that term is defined under Section 41-22-2. See Utah Code 41-6a-102
• Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
• Operator: means :
       (49)(a) a human driver, as defined in Section Utah Code 41-6a-102
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
• Pedestrian: means a person traveling:
       (53)(a) on foot; or
       (53)(b) in a wheelchair. See Utah Code 41-6a-102
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pole trailer: means a vehicle without motive power:
       (56)(a) designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
       (56)(b) that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections. See Utah Code 41-6a-102
• Principal place of business: means a site or location in this state:
            (31)(a)(i) devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;
            (31)(a)(ii) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and
            (31)(a)(iii) that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Programmable electric assisted bicycle: means an electric assisted bicycle with capability to switch or be programmed to function as a class 1 electric assisted bicycle, class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the electric assisted bicycle fully conforms with the respective requirements of each class of electric assisted bicycle when operated in that mode. See Utah Code 41-6a-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
• Railroad train: means a locomotive propelled by any form of energy, coupled with or operated without cars, and operated upon rails. See Utah Code 41-6a-102
• 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.
• Restored-modified vehicle: means the same as the term defined in Section 41-1a-102. See Utah Code 41-6a-102
• Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102
• 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
• Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
• Safety zone: means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. See Utah Code 41-6a-102
• Salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. See Utah Code 41-3-102
• School bus: means a motor vehicle that:
            (66)(a)(i) complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and
            (66)(a)(ii) is used to transport school children to or from school or school activities. See Utah Code 41-6a-102
• Semitrailer: means a vehicle with or without motive power:
            (67)(a)(i) designed for carrying persons or property and for being drawn by a motor vehicle; and
            (67)(a)(ii) constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Utah Code 41-6a-102
• Shoulder area: means :
       (68)(a) that area of the hard-surfaced highway separated from the roadway by a pavement edge line as established in the current approved "Manual on Uniform Traffic Control Devices"; or
       (68)(b) that portion of the road contiguous to the roadway for accommodation of stopped vehicles, for emergency use, and for lateral support. See Utah Code 41-6a-102
• Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
• Soft-surface trail: means a marked trail surfaced with sand, rock, or dirt that is designated for the use of a bicycle. See Utah Code 41-6a-102
• Solid rubber tire: means a tire of rubber or other resilient material that does not depend on compressed air for the support of the load. See Utah Code 41-6a-102
• standing: means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers. See Utah Code 41-6a-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
• street-legal ATV: means an all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with Section 41-6a-1509. See Utah Code 41-6a-102
• Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102
• Tow truck operator: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• Traffic signal preemption device: means an instrument or mechanism designed, intended, or used to interfere with the operation or cycle of a traffic-control signal. See Utah Code 41-6a-102
• Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
• Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-102
• Trailer: means a vehicle with or 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 41-6a-102
• Transporter: means a person engaged in the business of transporting motor vehicles as described in Section 41-3-202. See Utah Code 41-3-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102
• Truck tractor: means a motor vehicle:
       (84)(a) designed and used primarily for drawing other vehicles; and
       (84)(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck tractor. See Utah Code 41-6a-102
• Two-way left turn lane: means a lane:
       (85)(a) provided for vehicle operators making left turns in either direction;
       (85)(b) that is not used for passing, overtaking, or through travel; and
       (85)(c) that has been indicated by a lane traffic-control device that may include lane markings. See Utah Code 41-6a-102
• Urban district: means the territory contiguous to and including any street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more. See Utah Code 41-6a-102
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
• Verdict: The decision of a petit jury or a judge.
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• 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