Terms Used In Utah Code > Title 17D > Chapter 2 > Part 1 - General Provisions

• Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
• Agent: means a person other than a holder of any dealer's or salesperson's license issued under this chapter, who for salary, commission, or compensation of any kind, negotiates in any way for the sale, purchase, order, or exchange of three or more motor vehicles for any other person in any 12-month period. See Utah Code 41-3-102
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• 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
• Authority board: means the board of directors of a local building authority, as described in Section 17D-2-203. See Utah Code 17D-2-102
• Body shop: means a person engaged in rebuilding, restoring, repairing, or painting the body of motor vehicles for compensation. See Utah Code 41-3-102
• Bond: includes a bond, note, or other instrument issued under this chapter evidencing an indebtedness of a local building authority. See Utah Code 17D-2-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the State Tax Commission. See Utah Code 41-3-102
• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Creating local entity: means the local entity that creates or created the local building authority. See Utah Code 17D-2-102
• Crusher: means a person who crushes or shreds motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to reduce the useable materials and metals to a more compact size for recycling. See Utah Code 41-3-102
• 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
• 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.
• 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.
• Dismantler: includes a person who dismantles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
• Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102
• Distributor branch: means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained. See Utah Code 41-3-102
• Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
• 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.
• Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs or supervises the factory branch's representatives. See Utah Code 41-3-102
• Fleet transaction: means a licensee's sale of one or more motor vehicles to a manufacturer-approved current fleet customer under the manufacturer's fleet program. See Utah Code 41-3-102
• 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
• Fraud: Intentional deception resulting in injury to another.
• Governing body: means :
       (4)(a) for a county, city, or town, the legislative body of the county, city, or town;
       (4)(b) for a school district, the local school board for the school district;
       (4)(c) for a special district, the special district's board of trustees; and
       (4)(d) for a special service district, the special service district's governing body, as defined in Section 17D-1-102. See Utah Code 17D-2-102
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local entity: means a county, city, town, school district, special district, or special service district. See Utah Code 17D-2-102
• Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
• Mediation: means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. See Utah Code 78B-10-102
• Mediation communication: means conduct or a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator. See Utah Code 78B-10-102
• Mediation party: means a person that participates in a mediation and whose agreement is necessary to resolve the dispute. See Utah Code 78B-10-102
• Mediator: means an individual who is neutral and conducts a mediation. See Utah Code 78B-10-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• 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
• Motorcycle: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
• 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
• Nonparty participant: means a person, other than a party or mediator, that participates in a mediation. See Utah Code 78B-10-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-3-102
• 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.
• 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
• Person: means an individual, corporation, estate, trust, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-10-102
• 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
• Proceeding: means :
       (7)(a) a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or
       (7)(b) a legislative hearing or similar process. See Utah Code 78B-10-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Project: means an improvement, facility, property, or appurtenance to property that a local entity is permitted under law to own or acquire, whether located inside or outside the local entity's boundary, including:
       (8)(a) a public building or other structure of any kind; and
       (8)(b) a joint or partial interest in the improvement, facility, property, or appurtenance to property. See Utah Code 17D-2-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-10-102
• Remanufacturer: means a person who reconstructs used motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to change the body style and appearance of the motor vehicle or who constructs or assembles motor vehicles from used or new and used motor vehicle parts, or who reconstructs, constructs, or assembles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
• 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.
• 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
• 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
• 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
• Small trailer: means a trailer that has an unladen weight of:
       (36)(a) more than 750 pounds; and
       (36)(b) less than 2,000 pounds. See Utah Code 41-3-102
• Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 17D-2-102
• Special equipment: includes a truck mounted crane, cherry picker, material lift, post hole digger, and a utility or service body. See Utah Code 41-3-102
• Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 17D-2-102
• 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
• Statute: A law passed by a legislature.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
• 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.
• Used motor vehicle: means a vehicle that:
       (42)(a) has been titled and registered to a purchaser other than a dealer; or
       (42)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 41-3-102
• 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
• Wholesale motor vehicle auction: means a dealer primarily engaged in the business of auctioning consigned motor vehicles to dealers or dismantlers who are licensed by this or any other jurisdiction. See Utah Code 41-3-102
• 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